(A) This chapter shall be enforced by the town or an authorized designee such as the Town Marshal’s Office.
(B) Any citizen who desires to register a complaint under this chapter may initiate enforcement with the town.
(C) The town, or its designees, shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this chapter.
(D) An owner, manager, operator or employee of an establishment regulated by this chapter shall inform persons violating this chapter of the appropriate provisions thereof.
(E) Nothing in this chapter shall be deemed to prevent or prohibit any person aggrieved by a violation of this chapter to bring whatever legal remedies are available under state law.
(F) In addition to the remedies provided by the provisions of this section, the town, or any person aggrieved by the failure of the owner, operator, manager or other person in control of a public place or a place of employment to comply with the provisions of this chapter may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
(G) The town or the designees may issue a notice of violation and demand for compliance by certified or registered mail or by hand delivery to the person violating this chapter. The Marshal’s Office may also assist with delivery of the notice of violation and demand for compliance. The notice shall state with reasonable specificity the nature of the violation and the deadline for compliance and shall inform the violator that a hearing may be requested.
(H) Unless the violator either complies within the stated deadline or requests a hearing within 15 days after service of the notice of violation and demand for compliance, the town may issue a compliance order consistent with the terms of the notice of violation.
(I) The town may appoint a Hearing Officer to conduct a hearing pursuant to A.R.S. § 36-183.04. Hearings shall be conducted in the same manner as hearings are conducted pursuant to A.R.S. §§ 41-1061 et seq. The Hearing Officer shall either issue or deny a compliance order and shall make a finding regarding a civil penalty as provided in § 95.99.
(J) A compliance order issued pursuant to this section is final and enforceable in Magistrate Court unless the violator files an appeal to the Director within 15 days after receiving the compliance order.
(K) On appeal, the town may affirm, modify or vacate the Hearing Officer’s decision. The town shall consider the factors prescribed in division (L) below. The town’s decision is enforceable as a judgment in Magistrate Court and is subject to appeal pursuant to A.R.S. Title 12, Ch. 7, Art. 6.
(L) In determining the amount of a civil penalty under this section, the town and the Hearing Officer shall consider the following:
(1) The seriousness of the violation;
(2) As an aggravating factor only, any economic benefit that results from the violation;
(3) The history of that violation;
(4) The economic impact of the penalty on the violator;
(5) Any good faith efforts to comply with the applicable requirements;
(6) The duration of the violation as established by any credible evidence;
(7) Payment by the violator of penalties previously assessed for the same violation; and/or
(8) Other factors affecting the public health and safety the Director deems relevant.
(M) All penalties collected pursuant to this section shall be deposited in the General Fund of the town.
(N) Nothing in this section shall prevent or prohibit the town from filing an action in Magistrate Court, through the Town Attorney, for a temporary restraining order, preliminary or permanent injunctive relief, or any other appropriate relief necessary to protect the public health or the environment, or to compel compliance with a compliance order, including the collection of civil penalties assessed under that order and/or the revocation or suspension of any permit or license issued to the person for the premises on which the violation occurred. The town may settle any action filed pursuant to this section by submitting a consent decree that is agreed to by the parties for approval by the Magistrate Court.
(Ord. 04-001, passed 6-22-2004)