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Pursuant to A.R.S § 9-462.05, the provisions of this code shall be administered and enforced by the Zoning Administrator. The Zoning Administrator shall be a regular, full-time employee of the city and shall be appointed by the City Manager. In the event that no such person is appointed or if the Zoning Administrator becomes unavailable, the Community Development Director shall serve as the Zoning Administrator.
(A) Powers and duties. The Zoning Administrator is hereby authorized and is hereby delegated the authority to commence an action to enforce the provisions of this chapter, pursuant to A.R.S. § 9-462.05.A, § 9-462.05.B, and shall have the following powers and duties:
(1) To establish rules, procedures and forms to provide for the efficient and timely processing of applications or requests for action under the provisions of this chapter.
(2) To accomplish all administrative actions required by this chapter, to include official notification, scheduling of hearings, preparation of reports, receiving and processing appeals, acceptance and accounting of fees and rejection or approval of permits and plans as provided in other provisions of this chapter.
(3) To provide advice and recommendations to the Planning and Zoning Commission, the Board of Adjustment and the City Council with respect to applications, requests for approval and permits as required by this chapter.
(4) To interpret the zoning ordinance to the public, city departments and other branches of government, subject to the advice of the City Attorney and specific policies established by the City Council.
(5) To undertake preliminary discussions with and provide non-legal advice to applicants requesting zoning interpretive actions.
(6) To assure that any development or use proceed only in accordance to the terms, conditions or requirements established by the city's Boards, Planning and Zoning Commission or City Council, as a term, condition or requirement of development and/or permit approval.
(7) To direct such inspections, observations and analysis of any and all construction, reconstruction, alteration, repair or use of buildings, structures or land within the city as is necessary to fulfill the purposes and procedures set forth in this chapter. No building shall be occupied until such time as the Zoning Administrator has signed-off on, and a certificate of occupancy has been issued under this chapter.
(8) To enter or inspect any building, structure, premises, or real property in the city upon which, or in connection with which, a development or land use is located or proposed for the purpose of inspection to ensure compliance with the provisions of this chapter. Such inspections shall be carried out in compliance with A.R.S. § 9-833.
(9) To take such action as is necessary for the enforcement of this chapter with respect to any violations of this chapter.
(10) To interpret the location of any zoning district boundary shown on the zoning map adopted as part of this chapter when such location is in dispute.
(11) The Zoning Administrator may, due to the complexity of any matter, unless otherwise noted herein, refer a permit application to the Planning and Zoning Commission for a recommendation.
(12) The Zoning Administrator shall delegate administrative functions as deemed necessary to execute the intent of this code to members of the Community Development Department staff.
(B) Restrictions. The Zoning Administrator may not:
(1) Make any changes in the uses permitted in any zoning classification or zoning district, or make any change in the terms of the zoning ordinance; provided that the restriction in this division shall not affect the authority to grant variances pursuant to A.R.S § 9-462.06.
(2) Refuse to sign-off on a building permit or occupancy permit when the applicant has complied with all provisions of this and other applicable ordinances or codes.
(C) Liability. The Zoning Administrator, or designee, charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties described in this chapter, shall not be personally liable for any damage that may accrue to persons or property as a result of an act, or by reason of an act or omission in the discharge of their duties. A suit brought against the Zoning Administrator, or designee, because such act or omission performed by the Zoning Administrator, or designee, in the enforcement of any provision of such code or other pertinent laws or ordinances implemented through the enforcement of this chapter or enforced by the enforcement agency shall be defended by the city until final termination of such proceedings. Any resulting judgment shall be assumed by the city.
(Ord. 648-18, passed 11-28-2018)