(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Enforcement, effective October 1, 2008, shall encourage the application and maintenance of paving material, gravel, recycled asphalt, or other suitable dust suppressant, as per § 94.04.
(1) A notice of violation will be issued at the first offense which includes a fine of $500 and/or compliance within 30 days.
(2) Second offenses within any six-month period will result in a fine of $1,000 and/or compliance within two weeks.
(3) Third offense (no time limitation) will result in a civil citation.
(4) Additional fines may be issued by Maricopa County Air Quality for repeat offenders.
(5) Prior to the effective date, code enforcement officers may issue notices of compliance with no associated fines for the purpose of educating the public on dust control regulations. This NOC will specify immediate compliance and information on PM-10 or other (updated) regulatory measures.
(C) Enforcement, effective October 1, 2008, shall encourage the owner’s responsibility to comply with the dust prevention measures, as per § 94.05.
(1) A notice of violation will be issued at the first offense which includes a fine of $250 and/or compliance within 30 days.
(2) Second offenses within any six-month period will result in a fine of $500 and/or compliance within two weeks.
(3) Third offense (no time limitation) will result in a civil citation.
(4) Additional fines may be issued by Maricopa County Air Quality for repeat offenders.
(5) Prior to the effective date, code enforcement officers may issue notices of compliance with no associated fines, for the purpose of educating the public on dust control regulations. This NOC will specify immediate compliance and information on PM-10 or other (updated) regulatory measures.
(6) Citations, with a penalty of $250, may also be issued to the person(s) responsible for committing the trespass by Code Enforcement and/or Police.
(D) Enforcement, effective March 31, 2008, shall encourage responsibility to comply with the dust prevention measures, as per § 94.06.
(1) A notice of violation will be issued at the first citation which includes a fine of $250.
(2) Second citations within any six-month period will result in a fine of $500.
(3) Third offense (no time limitation) will result in a civil citation.
(4) Additional fines may be issued by Maricopa County Air Quality for repeat offenders.
(E) A person who violates § 94.07 is guilty of a Class 3 misdemeanor. A judge may order the person to perform eight to 24 hours of community restitution, or complete an OHV safety course, or both in lieu of a fine. Fines are set per Arizona Bill 1522 as follows:
(1) A warning for the first violation;
(2) A civil penalty of $50 for the second violation;
(3) A civil penalty of $100 for the third violation; and
(4) A civil penalty of $250 for the fourth and subsequent violations.
(Ord. O08-03-03, passed 3-13-2008)