18.95.030 Enforcement.

   A.   Zoning inspection:

      1.   Responsibility: The chief zoning inspector is responsible for investigating all complaints of suspected violations of this code;

      2.   Right of entry: When necessary to enforce this code, the chief zoning inspector may, at any reasonable hour, enter any land or structure to investigate a possible violation, provided that no structure shall be entered in the absence of the owner or occupant without a written court order.

   B.   Zoning violation hearing:

      1.   The hearing officer shall hear and decide complaints alleging violations of this code, as authorized by A.R.S. § 11-808 and Section 18.101.060 (Administrators);

      2.   The form and service of complaints, and the hearing procedures of the officer, shall follow the zoning enforcement rules of procedure adopted by the board of supervisors in accordance with Section 18.01.070 (General Provisions);

      3.   If the officer determines a zoning violation exists, civil penalties may be imposed by the officer in accordance with Section 18.95.040A. Imposition of civil penalties shall not preclude persons listed in Section 18.95.040B from pursuing remedies provided for in that subsection;

      4.   The erection, construction, reconstruction or alteration of any structure, or the use of any property or structure, not in conformance with this code constitutes a violation;

      5.   Violators of this code are subject to civil penalties or other legal action for failure to comply with any provision of this code (refer to Section 18.95.040).

   C.   Mitigation Requirements:

      1.   The hearing officer's action on a grading or plant removal violation may include a requirement to mitigate the damage resulting from the violation.

      2.   The hearing officer may, in writing, refer a determination of all or part of the requirements for mitigation of a violation of the following zoning code chapters or sections to the Design Review Committee (DRC):

         a.   Section 18.09.040 Cluster development option.

         b.   Chapter 18.59 GC Golf Course Zone.

         c.   Chapter 18.61 Hillside Development Overlay Zone.

         d.   Chapter 18.63 Historic Zone.

         e.   Chapter 18.67 Buffer Overlay Zone.

         f.   Chapter 18.72 Native Plant Preservation.

         g.   Chapter 18.73 Landscaping, Buffering and Screening Standards.

         h.   Chapter 18.81 Grading Standards.

         i.   Chapter 18.90 Specific Plans.

      3.   The DRC's action, subject to review and approval by the hearing officer, shall include a mitigation plan and program approved by the DCR and in conformance with the requirements, if any, of the hearing officer's decision.

   D.   Appeals:

      1.   Any party to the zoning violation hearing may appeal the decision of the officer to the board of supervisors subject to the provisions in the following Section 18.95.030E.

      2.   The decision of the board of supervisors may be appealed to the superior court in accordance with A.R.S. § 12-901 et seq.

   E.   Design Review Committee Review of an Appeal:

      1.   Appeals of a hearing officer's decision regarding one or more zoning violations of the development standards or development conditions of a chapter, section, or provision listed in the following Sections 18.95.030.E.1.a. and b. shall be heard and reviewed by the DRC. The DRC's recommendations shall be forwarded to the board of supervisors before the appeal is heard and acted on by the board.

         a.   Environmentally or preservation focused zoning code chapters or Sections:

            1)   Section 18.09.040 Cluster development option.

            2)   Chapter 18.59 GC Golf Course Zone.

            3)   Chapter 18.61 Hillside Development Overlay Zone.

            4)   Chapter 18.63 Historic Zone.

            5)   Chapter 18.72 Native Plant Preservation.

            6)   Chapter 18.73 Landscaping, Buffering and Screening Standards.

            7)   Chapter 18.81 Grading Standards.

            8)   Chapter 18.90 Specific Plans.

         b.   Specific Plan Ordinances.

      2.   In addition to the requirements of this section, the DRC shall establish rules of procedure, submittal requirements, submittal deadlines, and review criteria to govern the DRC's public hearing and review of an appeal.

      3.   The DRC public hearing process shall include the following:

         a.   A mailed notification of the hearing to all parties who received notice of the violation hearing at which the hearing officer took action and all other parties who attended the violation hearing;

         b.   An opportunity for property owners and residents within a minimum of three hundred feet (300') of the boundaries of the violation to make comment on the appeal;

         c.   The DRC's review of the appellant's appeal, the staff report, and the circumstances and testimony presented at the hearing;

         d.   The DRC's action. A recommendation for denial or approval of the appeal may include conditions but shall not recommend an increase or decrease of civil penalties over those previously assessed by the hearing officer;

         e.   The DRC shall not continue a public hearing or its review and action unless more information is needed which the petitioner cannot provide at the public hearing.

(Ord. 2000-52 § 3, 2000; Ord. 1985-188 § 1 (part), 1985)