(A) Notice of violation. Except in cases of alleged imminent hazards, repeated violations, or similar situations where the town has previously notified or cited the same or a substantially similar violation, the Community Development Director or the Director's designee shall provide reasonable written notice to the owner, occupant, and/or the person, firm, sole proprietorship, corporation, partnership, LLC, or other entity in possession of the property in violation of the UDC in an attempt to obtain voluntary compliance with the provisions of the UDC, as provided for in divisions (B) and (C) of this section.
(B) Reasonable notice shall consist of written notification and shall include the following:
(1) Identification of the property in violation by street address if known and if not known, by tax parcel number.
(2) A clear description of the violation(s) of the UDC and request for voluntary compliance by correction of the described violation(s) within 15 days from the date of the notice of violation. Such 15 day period shall include weekends and holidays.
(3) A warning that if the violation(s) is not corrected within 15 days from the date of the notice of violation, the town may pursue enforcement of the UDC by issuance of a civil citation or complaint, issuance of a stop work order, issuance of a cease use order, or other legal remedies available at law.
(4) The potential penalties.
(C) Service of notice of violation. The notice of violation shall be hand delivered or mailed by regular mail (1) to the property address; (2) to the last known mailing address of the property owner; and (3) to the occupant, or such other person, firm, sole proprietorship, corporation, partnership, LLC, or other entity in possession or control of the property, if such mailing address is different from the property address.
(D) Civil citation or complaint for appearance in Magistrate Court.
(1) Commencement of action.
(a) An action in the Payson Magistrate Court (the "Magistrate Court") may be commenced by the issuance of a civil citation or complaint. The Community Development Director and/or the Director's designee(s), may issue a citation under this subchapter. The citation shall direct the defendant to appear personally in the Magistrate Court.
(b) An action under this subchapter may also be commenced by the Town Legal Department filing a civil complaint with the Magistrate Court. The commencement of this procedure shall not limit the right or authority of the town, through its Legal Department or otherwise, to take any other action available by law to enforce compliance with the UDC.
(2) Contents of civil citation or complaint. The civil citation or complaint, whichever is applicable, shall contain at least the following information:
(a) The time, date, place and UDC section(s) of the alleged violation(s);
(b) The time, date and place for the defendant to appear;
(c) A signature of the citing official that the violation(s) took place;
(d) The possibility of a minimum penalty in the amount of $50 and maximum penalty of $1,000 for each violation; and,
(e) Warning of default and imposition of penalty in the event of failure to appear.
(3) Service of civil citation or summons and complaint. Service shall be made by personal service, certified mail or publication.
(E) Procedure in Magistrate Court.
(1) Civil hearing officer. The Town Magistrate or Associate Town Magistrate shall serve as civil hearing officer.
(2) Rules of procedure. The Arizona Rules of Procedure in Civil Traffic Violation cases shall govern the proceedings under this section, except as modified by, or where inconsistent with the provisions of this section.
(Ord. 466, passed 2-22-96)