(a) Civil infraction: Except as provided in subsection (b) below, it is unlawful and is hereby declared a civil infraction for any person to:
(1) Fail to obtain any floodplain use permit; or
(2) Fail to comply with the terms and conditions of any permit required by this chapter; or
(3) Violate any of the provisions of this chapter.
All violations under this section shall be heard under the procedures set forth in chapter 8 of this Code. Additionally, any person found responsible under this section shall be punished by a fine of not less than fifty dollars ($50.00) and not more than twenty-five hundred dollars ($2,500.00). The administrative hearing officer may also order abatement of the violation. Furthermore, where the provisions of chapter 8 conflict with the provisions of this section, this section shall govern.
(b) Class 2 Misdemeanor: Pursuant to A.R.S. section 48-3615, it is unlawful and is hereby declared a class 2 misdemeanor for any person to engage in any development or by any acts to cause a diversion, retardation or obstruction to the flow of waters in a watercourse whenever it creates a hazard to life or property and without securing the permit required by any provision of this chapter. Any person found guilty of violating this section shall be punished by a fine not to exceed more than seven hundred fifty dollars ($750.00) or four (4) months' imprisonment, or both. In addition, a person convicted of a class 2 misdemeanor may be placed on probation for a period not to exceed twenty-four (24) months.
(Ord. No. 7407, § 5, 6-25-90; Ord. No. 10311, § 1, 8-8-06; Ord. No. 11396, § 1, 8-9-16)