CHAPTER 10A
PROSECUTION FOR GARBAGE, WASTE AND JUNK VIOLATIONS

SECTION:

10A-1: Jurisdiction

10A-2: Civil Sanctions

10A-3: Commencement Of Actions

10A-4: Authority To Issue Civil Complaints

10A-5: Appearance By Defendant

10A-6: Rules Of Procedure

10A-7: Collection Of Civil Sanctions

10A-8: Each Day Separate Violation

10A-9: Severability

10A-1: JURISDICTION:

   A.   The municipal court shall have jurisdiction to adjudicate, and assess and collect penalties for violations of chapter 10, article III of this code.

   B.   The jurisdiction of municipal court over chapter 10, article III code violations shall not be interpreted or applied in any manner to limit the jurisdiction of the superior court over civil actions for declaratory relief, injunctive relief, abatement of public or private nuisances, or damages, the basis of which may be an act, omission or condition in violation of chapter 10, article III of this code.

   C.   The purpose of this chapter is to specify the procedure for prosecution of chapter 10, article III code violations and to provide for an informal, speedy and inexpensive process for adjudication of chapter 10, article III code violations, based upon an administrative hearing model, in which citizens who receive a chapter 10, article III code complaint may obtain a prompt, simplified hearing. (Ord. 95-390, 2-13-1995; Ord. 13-822, 9-23-2013)

10A-2: CIVIL SANCTIONS:

If a person pleads responsible or is found to be responsible for a violation of any provision of chapter 10, article III of this code, the court shall impose a civil sanction in accordance with the following guidelines: for a first violation, the civil sanction shall be in an amount not more than fifty dollars ($50.00); for a second violation, the civil sanction shall be in an amount not more than one hundred dollars ($100.00); for a third or subsequent violation, the civil sanction shall be in an amount not more than five hundred dollars ($500.00). Each day that a violation is permitted to exist constitutes a separate violation. (Ord. 95-390, 2-13-1995; Ord. 13-822, 9-23-2013)

10A-3: COMMENCEMENT OF ACTIONS:

   A.   A chapter 10, article III code violation action pursuant to this chapter shall be commenced by the issuance of a complaint.

   B.   The complaint shall be in substantially the same form as the Arizona traffic ticket and complaint.

   C.   Service of the complaint may be accomplished and will be deemed proper and complete by any of the following methods:

      1.   By having the defendant sign the complaint with a promise to appear in court within ten (10) days of the issuance of the complaint.

      2.   If the defendant refuses to sign the complaint, by hand delivering a copy of the complaint to the defendant.

      3.   By mailing a copy of the complaint to the person charged by certified or registered mail, return receipt requested, to the person's last known address.

      4.   In the event service cannot be accomplished as set forth above, the state may serve the defendant by any means allowed by the Arizona rules of civil procedure. (Ord. 95-390, 2-13-1995; Ord. 13-822, 9-23-2013)