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The Zoning Administrator with assistance from the HCDD may take any of the following actions to ensure enforcement of the
and any condition placed on
of a property due to an administrative or legislative decision or action by a City Review Authority described in Article 2 of the
:
A. Conduct an investigation of any
with the express permission of the owner or tenant. If the owner or tenant refuses permission to conduct the investigation, the Zoning Administrator shall issue a citation pursuant to Chapter 11, Art. VI of the Tucson Code, based on the testimony of the complainant;
B. Serve written notice upon the owner, agent, or tenant of the property, who is the subject of the
, requiring cessation or correction of the
;
C. Issue a citation pursuant to Chapter 8 of the Tucson Code;
D. Report
to the City Attorney as appropriate;
E. Report
to the Planning and Development Services Department (PDSD)
as appropriate; or,
F. Take such further action as deemed appropriate to assure compliance.
If any property or improvement thereon is used in
of the provisions of the
, the City Attorney, in addition to other remedies, may institute any appropriate action or proceeding to:
A. Restrain, correct, or abate such
;
B. Prevent the occupancy of such
, , or land; or,
C. Prevent any additional
arising from further conduct, business, or use, in or about such premises.
The PDSD
has the authority to disconnect or order utility companies to disconnect utility services to the premises involved in a
until compliance is met, subject to the following:
A. No such action by the PDSD
may be taken until ten
after receipt by the tenant or by the owner of the premises of written notice of intent to take action;
B. If a written request for review of the matter is received within ten
of receipt of the notice of intent, the action by the PDSD
is stayed until a hearing thereon by the Board of Adjustment (B/A) or hearing as required by Chapter 8 of the Tucson Code is held; and,
C. This provision does not preclude the use of any other enforcement method provided in the Tucson Code or the Arizona Revised Statutes.
Penalties for the unauthorized demolition of historic
are in accordance with Section 5.8.10.E.9.
A. Fines
Any
who, individually or through the acts of another
, intentionally or negligently damages, destroys, or removes from the
any
, except as authorized by an approved
, is subject to the following:
1. A fine as determined for the damage, destruction, or removal from the
of each
based upon the following schedule:
a. For each viable Saguaro: a minimum of $200 per foot of main trunk and $200 per foot of each arm with a maximum not to exceed $2,500 per Saguaro;
b. For each viable protected native tree or shrub: a minimum of $300 per
inch measured at six inches for single-trunked specimens and 12 inches for multi-trunked specimens above
level at the base of the tree with a maximum not to exceed $2,500 per tree or shrub; or,
c. For all other viable protected native cacti or succulents: a minimum of $300 per specimen with a maximum not to exceed $2,500 per cactus.
2. A fine of not less than $500 nor more than $2,500 if plant materials are
, destroyed, or removed from the
prior to approval of a
.
B. Additional Penalties
Any
who, individually or through the acts of another
, intentionally or negligently damages, destroys, or removes from the
any
, except as authorized by an approved
, may be subject to one or more of the following, in addition to any fines imposed in accordance with Section 10.4.5.A:
1.
in accordance with Section 7.7.5, Plant Preservation Standards, and any supplemental determined to be appropriate to restore the natural habitat and
which have been , destroyed, or removed from the ;
2. Supplemental maintenance and monitoring requirements for
following the final inspection performed on the
for a period not to exceed eight years;
3. Revocation of zoning compliance for any
permits which have been issued for the
; or,
4. Immediate suspension by the PDSD
of any permits issued by the
for
of the property. Any such suspension shall remain in effect until permits expire unless the
in a manner which is satisfactory to the PDSD
. The decision by the PDSD
to suspend any permit, or to reject a proposal to provide the
necessary for the reinstatement of the permits, shall be appealable pursuant to PDSD’s established procedures.
C. Recording of Permit Suspension or Revocation
Where any permit issued by the
is suspended until its expiration pursuant to Section 10.4.5.B.4, no new permit may be issued for the property until any fines issued pursuant to Section 10.4.5.A have been fully paid and all
required pursuant to Section 10.4.5.B.1 has been fully performed. A notice of this requirement for the issuance of any future
permit on the property shall be recorded on the property by the PDSD
with the Pima County Recorder.