A. This Section applies to any violation of this Code or any Town ordinance where a civil penalty is declared to be applicable.
B. Unless otherwise specified, a notice of violation or civil citation may be issued by the Town Manager, or by any person to whom the Town Manager designates authority to enforce this Code. The Town Manager must designate those Town employees who may issue civil citations under this Chapter.
C. Notice Of Violation:
1. The Town may seek voluntary compliance with the provisions of this Code prior to issuing a notice of violation, a civil citation, or a criminal complaint, as applicable. Notices of violation are not required prior to the issuance of a civil citation or criminal complaint.
2. Notices of violation must be issued in writing. The Town must use reasonable efforts to ensure notices of violation are received by the responsible party pursuant to subsection (E) of this Section. However, failure of the responsible party to receive an issued notice of violation does not preclude the subsequent issuance of a civil citation or criminal complaint, as applicable.
3. Notices of violation must identify the responsible party and date of violation, if known, and reference the relevant section of this Code or ordinance applicable to the violation.
4. If a violation of this Code or ordinance is continuing, the notice of violation must also identify possible action to remediate the violation, set a reasonable time period to bring the violation into compliance, and specify an employee of the Town to contact for further information.
5. Nothing in this Section prevents the Town from taking immediate action to protect the public from imminent hazard to public health or safety, or as otherwise provided by law.
D. Civil Citations:
1. Unless otherwise designated as a criminal offense, a civil citation may be issued to the person or entity responsible for the violation.
2. The Town must use reasonable efforts to ensure civil citations are received by the responsible party pursuant to subsection (E) of this Section.
3. A Civil Citation must:
a. Identify the responsible party and date of violation, if known, and reference the relevant section of this Code or ordinance applicable to the violation.
b. Show the name and signature of the enforcement officer.
c. List a date of appearance for the responsible party to appeal the civil citation in Magistrate Court and provide the phone number of the Magistrate Court to contact for questions regarding the hearing process.
d. Direct the responsible party to correct the violation (if applicable) and to pay the amount prescribed by the Magistrate Court prior to the date of appearance, or direct the responsible party to appear in Magistrate Court on the date of appearance.
e. Notify the responsible party that failure to remedy the violation and pay the applicable fines, and failure to appear in Magistrate Court when directed, will result in a default judgment being entered against the responsible party.
E. Reasonable efforts to ensure notices of violation or civil citations are received by a responsible party include:
1. Hand delivery to the responsible party. If the responsible party is a business or other non-individual, reasonable efforts include leaving the notice of violation or civil citation with any employee or representative of the entity.
2. Sending a copy of the notice of violation or civil citation by certified or registered mail to the last address known for the responsible party or the last known owner of the property causing the violation.
3. For notices of violation only, affixing the notice of violation to any vehicle or structure if the placement, operation, or condition of the vehicle or structure is the cause of the violation.
4. By any other manner allowed by the Arizona Rules of Civil Procedure. (Ord. 03-2020, 12-1-2020)