(A) Civil violation; commencement of action.
(1) A civil violation may be commenced by issuance of a citation or by complaint.
(2) The citation will be issued with a form modeled after the state’s traffic ticket and complaint and shall direct the defendant to appear in the City Court within ten days after issuance of the citation.
(3) The citation will further notify the defendant that, if he or she fails to appear on or before the date specified in the complaint, a judgment by default will be entered against him or her, and the Court may, in its discretion, impose a civil sanction not to exceed $1,000.
(4) Service of the citation may be accomplished and will be deemed proper and complete by any of the following methods:
(a) By having the defendant sign the citation with a promise to appear in court within ten days of the issuance of the citation;
(b) By hand delivering a copy of the citation to the defendant; or
(c) By mailing a copy of the citation to the person charged by certified or registered mail, return receipt requested, to the person’s last known address.
(5) In the event service cannot be accomplished as set forth in divisions (A)(4)(a), (A)(4)(b) or (A)(4)(c) above, the state may serve the defendant by any means allowed by the Arizona Rules of Civil Procedure 4.1 and 4.2.
(6) Jurisdiction of all proceedings to enforce the provisions of this chapter shall be in the City Court.
(Prior Code, § 3-1.18)
(B) Civil citation; authority to issue. The City Manager or designee, or any peace officer, may issue a civil citation pursuant to this chapter. The DESIGNEE shall mean an individual employed by the city who has been appointed by the City Manager, in writing, to have the authority to issue civil code violations. Such authorization shall be filed with the City Clerk.
(Prior Code, § 3-1.19)
(C) Appearance by defendant. The defendant shall, within ten days of the issuance of the citation, appear in person or through his attorney in the City Court and shall either admit or deny the allegations contained in the citation. If the defendant admits the allegations, the Court shall enter judgment against the defendant and impose a civil sanction of the violation. If the defendant denies the allegations contained in the citation, the Court shall set the matter for hearing.
(Prior Code, § 3-1.20)
(D) Default judgment. If a person served with a complaint fails to appear on or before the time directed to appear or at the time set for hearing by the Court, the allegations in the complaint shall be deemed admitted and the Court shall enter judgment for the city and impose a civil sanction.
(Prior Code, § 3-1.21)
(E) Rules of procedure for civil violations. The Arizona Rules of Procedure for Civil Traffic Violation Cases shall be followed by the City Court for civil violations of this chapter, except as modified or where inconsistent with the provisions of this chapter, local rules of the City Court or rules of the state’s Supreme Court.
(Prior Code, § 3-1.22)
(F) Violations not exclusive. Violations of this chapter are in addition to any other violation enumerated within city ordinances or the city code and in no way limits the penalties, actions or abatement procedures which may be taken by the city for any violation of this chapter which is also a violation of any other ordinance or code provision of the city or statutes of the state.
(Prior Code, § 3-1.23)
(G) Each day separate violation. Each day any violation of any provision of this chapter is committed or permitted to continue, such violation shall constitute a separate offense and shall be punished as such hereunder. Each day there is a failure to perform any act or duty required by this chapter shall constitute a separate offense and shall be punished as such hereunder.
(Prior Code, § 3-1.24)
(H) Civil penalties. Any person who is found guilty of a civil violation of this chapter shall be sentenced to a fine of no more than $1,000 and no less than $200, and may be forbidden from obtaining a business license or temporary business license no more than three years.
(Prior Code, § 3-1.25)
(Ord. 792, passed - -1999; Ord. 855, passed - -2006)