A. Purpose. The purpose of this chapter is to provide procedures that are intended to ensure compliance with the requirements of this Development Code and any conditions of land use permit or subdivision approval, to promote the city's planning efforts, and for the protection of the public health, safety, and general welfare of the city.
B. Official duty to enforce.
1. Responsibility to enforce. The Zoning Administrator is charged with the responsibility to enforce the provisions of this Development Code and any conditions of land use permit or subdivision approval, and may:
a. Exercise the authority provided in divisions D. and E. below; and
b. Issue civil citations for any violation(s) of this Development Code pertaining to the use of any land and the addition, alteration, construction, conversion, erection, installation, moving, reconstruction, or use of any structure.
2. Other city officials. All officials of the city charged by the law with the general duty of enforcing city codes and ordinances shall also enforce the provisions of this Development Code.
C. General provisions.
1. Permits and licenses. All departments, officials, and public employees of the city who are assigned the authority or duty to issue permits or licenses shall comply with state law (A.R.S. § 9-462.05) and the provisions of this Development Code. Permits for uses or structures that would be in conflict with the provisions of this Development Code shall not be issued. Any permit issued in conflict with the provisions of this Development Code shall be deemed void. Any action taken by an official or public employee of the city in conflict with the provisions of this Development Code shall be deemed void.
2. Inspections.
a. Preapproval inspections. Every applicant seeking a permit or any other action in compliance with this Development Code shall allow the city officials handling the application access to any premises or property that is the subject of the application.
b. Post approval inspections. If the permit or other action is approved, the owner or applicant shall allow appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.
3. Responsible party. The owner and/or person in possession of any property used in violation of this Development Code are responsible for any prohibited act(s) or violation(s) on the subject property.
a. Owner's responsibility. The owner's responsibility applies whether or not the owner, or agent, is aware of the prohibited act(s), has committed the prohibited act(s), or has neglected to prevent the performance of the prohibited act(s) by another person(s).
b. Person in possession's responsibility. The person in possession's responsibility applies whether or not the person in possession, or agent, is aware of the prohibited act(s), has committed the prohibited act(s), or has neglected to prevent the performance of the prohibited act(s) by another person(s).
4. Additional permit processing fees. Any person who alters, constructs, converts, enlarges, erects, establishes, installs, maintains, moves, or operates any land use or structure without first obtaining a permit or entitlement required by this Development Code, shall pay the additional permit processing fees established by the Council's fee resolution for the correction of the violation(s), before being granted a permit for a use or structure on the site.
D. Administrative remedies.
1. Permit revocation or modification. This section provides procedures for securing punitive revocation or modification of previously approved land use permits or entitlements. The city's action to revoke an entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval. The city's action to modify an entitlement, rather than to revoke it, shall have the effect of changing the operational aspects of the entitlement; the changes included in a modification the operational aspects related to buffers, duration of the entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, and the like.
2. Hearings and notice.
a. Upon violation of any applicable provision of this Development Code or if granted subject to conditions, upon failure to comply with those conditions, the permit or entitlement shall be suspended by action of the Zoning Administrator, in compliance with this section.
b. The Zoning Administrator shall give written notice to the applicant of the intent to suspend or revoke the permit and provide the basis for the suspension or revocation.
c. The applicant shall have 30 days from the date of the Zoning Administrator's notification to take remedial actions to correct the conditions of suspension or revocation.
d. At the end of the 30-day notification period the Zoning Administrator shall conduct a re-inspection, and if not satisfied that the basis for the suspension is being complied with, may revoke the permit.
e. The applicant, within 30 days from the date of the Zoning Administrator's notification to revoke the permit, may file an appeal to the BOA in compliance with § 14.05.03.O.
f. The applicant may also appeal the BOA determination to the Council, in compliance with § 14.05.03.O.
3. Review authority's action.
a. A land use permit, minor variance, major variance, or entitlement may be revoked or modified by the review authority that originally approved the permit, minor variance, major variance, or entitlement if any 1 of the following findings of fact can be made in a positive manner:
i. Circumstances under which the permit was granted have been changed by the applicant to a degree that 1 or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and welfare require the revocation;
ii. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing for the permit;
iii. One or more of the conditions of the permit have not been substantially fulfilled or have been violated;
iv. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute; or
v. The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a public nuisance.
b. In addition to finding that at least 1 of the findings in division D.3.a. can be made in a positive manner, in order to modify or revoke a minor or major variance, the reviewing authority must also make a finding that the grantee has not substantially exercised the rights granted by the minor or major variance.
E. Legal remedies. In addition to, or in lieu of, pursuing the administrative remedies in division D above, a violation of this title may be enforced as described in Chapter 1.12 of this Code.
(Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1141, passed 2-23-2016)