(A) Commencement.
(1) Every action or proceeding brought before the Hearing Officer for a violation of the zoning code shall be commenced by the filing of a zoning violation citation by the Zoning Enforcement Officer. No notice shall be deemed insufficient for failure to contain a definite statement of the essential facts constituting the specific violation if the notice contains either a written description or reference to the applicable section of the zoning code.
(2) Pursuant to § 7.2 of this zoning code, the alleged violator or his or her attorney shall appear in front of the Hearing Officer by the date and time specified in the notice accompanying the zoning citation, and may admit responsibility by appearing in person or by mailing to the Hearing Office an appearance form provided by the Hearing Officer or in lieu of such form, a short statement signed by the alleged violator or his or her attorney, admitting the allegations of the notice. Once a formal admission of responsibility is received by the Hearing Officer, the Hearing Officer shall set a time and place for the determination of the penalty for the violation. At the Hearing Officer’s meeting, both the alleged violator and Zoning Enforcement Officer shall be given an opportunity to state their positions on the amount of the penalty to be imposed by the Hearing Officer.
(B) Counsel.
(1) Pursuant to § 7.2 of this zoning code, the alleged violator or his or her attorney shall appear at the Hearing Office by the date specified in the notice accompanying the zoning citation and may deny responsibility by appearing in person or by mailing to the Hearing Officer an appearance form provided by the Hearing Officer, or in lieu of such form, a denial signed by the alleged violator or his or her attorney. Once a formal denial is received by the Hearing Officer, the Hearing Officer shall schedule the matter for hearing and notify the alleged violator, or his or her attorney, of the date, time and place for the hearing.
(2) Upon appearance, it shall be the responsibility of the alleged violator or his or her attorney to notify the Hearing Officer of an incorrect address or any different address than what is set forth on the zoning citation.
(a) After the submittal of formal denial, the Hearing Officer shall promptly notify the alleged violator of his or her right to be represented by counsel. The alleged violator must notify the Hearing Officer in writing at least ten days prior to the hearing date of his or her choice to be represented by counsel. The Hearing Officer may move to continue a hearing if the alleged violator does not make notification of his or her decision to secure counsel within the aforementioned time frame.
(b) If the alleged violator fails to appear by the date and time specified in the notice accompanying the zoning citation, the allegations filed against the alleged violator shall be deemed admitted, and the Hearing Officer shall enter judgment for the town and impose a penalty, subject to this zoning code.
(c) The town does not need to be represented by counsel at the Hearing Officer’s meeting. Should the town elect to secure counsel, the town must, in writing, notify the Hearing Officer and the alleged violator at least ten days prior to the hearing of the town’s decision to be represented by counsel.
(d) Within ten days prior to the hearing, both parties shall produce for inspection by the opposing party a list of all witnesses and any prepared exhibits to be on file at the Hearing Office. Failure to comply with this provision may result in the granting of a continuance to permit such inspection or denial of the admission of the evidence, at the Hearing Officer’s discretion.
(C) Hearing Officer meeting.
(1) The order of the Hearing Officer proceeding shall be as follows:
(a) The Hearing Officer shall call the case and briefly describe the procedures to be followed;
(b) Town’s statement;
(c) Testimony of the town’s witnesses;
(d) Respondent’s statement;
(e) Testimony of the respondent’s witnesses;
(f) Testimony of other attendees, at the discretion of the Hearing Officer;
(g) Respondent’s rebuttal;
(h) Town’s rebuttal;
(i) Cross-examination of witnesses shall be strictly limited to subjects or evidence elicited during direct testimony;
(j) Closing statement of the parties or their counsel; and
(k) Ruling by the Hearing Officer. At the conclusion of the hearing, the Hearing Officer shall determine whether a zoning violation exists and, if a violation is found to exist, may impose civil penalties in accordance with this zoning code. A ruling shall include the findings, conclusions and opinions of the Hearing Officer.
(2) At the discretion of the Hearing Officer, a hearing may be continued for a period not exceeding 60 days if it appears that the interests of justice sorequire. The Hearing Officer shall not continue a hearing without first giving notice to both parties. The Hearing Officer shall notify both parties in writing of the new hearing date.
(3) The Hearing Officer may question witnesses or representatives of either party.
(4) The Arizona Rules of Evidence shall not apply before a Hearing Officer. Any evidence offered may be admitted, subject to a determination by the Hearing Officer that the offered evidence is relevant.
(5) Audio recordings of the hearing shall be made and kept on record at the Hearing Office for a period of one year. In addition, a record of the proceedings may be made by a court reporter if requested by the alleged violator at the alleged violator’s expense.
(6) If the alleged violator fails to appear at the time set for the hearing, the alleged violator shall be found to be in violation of the zoning code, and the allegations filed against the violator shall be deemed admitted, and the Hearing Officer shall enter finding for the town and may impose civil sanction and report such judgment to the Zoning Enforcement Officer.
(7) If no witness for the town, excluding the alleged violator, appears at the set time for the hearing, the Hearing Officer shall dismiss the citation unless the Hearing Officer, for good cause shown, continues the hearing to another date.
(8) At any time, the Hearing Officer may set aside a finding entered upon a failure to appear if it is deemed by the Hearing Officer that the alleged violator was not served a citation, or for any other reason where necessary to prevent an injustice.
(D) Finding of responsibility/civil sanctions.
(1) If the alleged violator, after the hearing, is found responsible for the zoning violation, the Hearing Officer shall enter a finding for the town, and may impose a civil sanction not to exceed the equivalent of a maximum fine not to exceed $750 per violation, per day.
(2) The Hearing Officer shall levy an initial fine reflecting a penalty for the existing violation situation. The Hearing Officer has the option of suspending the initial fine should extenuating circumstances exist.
(3) A non-compliance and daily penalty schedule shall be outlined in the judgment to accrue should the violation not be abated by the compliance date specified by the Hearing Officer.
(4) The Hearing Officer may attach a penalty for “recurrence” to a parcel for maximum of two years from the hearing date. Said penalty shall be levied if a violation of the same section of the ordinance, as addressed in the Hearing Officer’s proceedings, occurs within the specified time period. A recall notice shall be served and the alleged violator shall be scheduled to appear at the earliest possible hearing date.
(5) The following guidelines shall be utilized when assessing penalties:
Use Type | ||
Residential/ Agricultural | Commercial/ Industrial | |
Minimum Penalty
| ||
Use Type | ||
Residential/ Agricultural | Commercial/ Industrial | |
Minimum Penalty
| ||
Daily | $20 | $60 |
Initial | $100 | $300 |
Non-compliance | $200 | $600 |
Recurrence | $300 | $500 |
Maximum Cumulative Amount of Daily Penalty | $1,500 | $10,500 |
NOTE TO TABLE: A maximum penalty of $750 per day per violation is allowed in accordance with a Class 2 Misdemeanor, subject to A.R.S. §§ 9-500.21.4 and 9-240 | ||
(6) Should the daily penalty balance exceed $1,500 for agricultural/residential use, or $10,500 for
commercial/industrial use, the matter shall be forwarded to the Town Attorney for further legal action.
(7) The alleged violator, if found responsible for the zoning violation and penalized with a civil sanction, shall not be relieved from the responsibility of correcting any prohibited condition. Unless an administrative review with the Town Council is scheduled within seven days from the date of the hearing, the defendant shall correct the zoning violation within 30 days from the date of the hearing.
(Ord. 2012-04, passed 12-5-2012)