(A) The violation of any provision of this chapter shall be deemed to be a public offense and any person, firm, association, partnership, or corporation convicted thereof shall be punished by a fine not to exceed $300. The town shall further have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing any provisions of this chapter and to abate nuisances maintained in violation thereof; and in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of the building, structure, or land. Each day any violation of this chapter shall continue constitutes a separate offense.
(B) Providing for penalties as per the County Flood Control District “Floodplains Regulations for Maricopa County”, dated June 25, 2014, and all subsequent amendments and revisions that currently reads as follows.
(1) It is a Class 2 Misdemeanor to engage in any development or to divert, retard, or obstruct the flow of waters in a watercourse without first securing the written authorization of the District. A violator may be subject to jail and fines.
(2) The penalty for the civil offense of violation of Flood Control District’s regulations, ordinances, or rules is a fine not in excess of that which is chargeable for a Class 2 Misdemeanor. Each day the violation continues constitutes a separate offense.
(3) All development located or maintained within any special flood hazard area since August 8, 1973, in violation of the flood control statutes or regulations without authorization from the Floodplain Administrator is a public nuisance per se and may be abated, prevented, or restrained by action of this political subdivision.
(4) Nothing in this section precludes any private right of action by any person damaged by another’s unauthorized diversion, retardation, or obstruction of a watercourse. Further, the District is not precluded by anything in these regulations from pursuing injunctive and other remedies as provided by law.
(1989 Code, § 15-8) (Ord. 2017-01, passed 2-16-2017)