9.1.1.

Purpose. This article establishes procedures through which the city seeks to ensure compliance with the provisions of the adopted development and Building Codes and obtain corrections for violations. The article also sets forth the remedies and penalties that apply to violations.

9.1.2.

Compliance Required. No person shall develop or use any land, building, or structure within the city in violation of the adopted development and Building Codes, or the terms and conditions of permits or other approvals or entitlements issued under the adopted codes.

9.1.3.

Permits and Approvals. No permit or approval may be issued unless all structures and uses of land and structures to be authorized by the permit or approval conform to the adopted codes, and the terms and conditions of other applicable permits and approvals issued under the adopted codes. A permit or approval issued in violation of the adopted codes is void.

9.1.4.

Continuation of Prior Enforcement Actions. Nothing in this Development Code shall prohibit the continuation of previous enforcement actions undertaken by the city pursuant to previous regulations.

9.1.5.

Continuing Violations. Each day that a violation occurs or remains uncorrected shall constitute a separate and distinct violation of the adopted code.

9.1.6.

Responsibilities for Enforcement. The provisions shall be administered and enforced by the Director, or such other person as may be designated by the Director.

9.1.7.

Remedies Cumulative. The remedies provided for violations of the adopted codes, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

Each of the following activities constitutes a violation of the adopted code:

A.

Activity Inconsistent with Code. Any erection, construction, reconstruction, remodeling, alteration, maintenance, expansion, movement, or use of any land, building, structure, or sign, in contravention of any provision of adopted codes.

B.

Activity Inconsistent with Permit or Approval. Any development, use, or other activity in any way inconsistent with the terms or conditions of any permit or approval required to engage in such activity.

C.

Any violation of the previous Development Code shall continue to be a violation under this Development Code and shall be subject to the penalties and enforcement set forth in Article 9, Enforcement, unless the use, development, construction, or other activity complies with the provisions of this Development Code. Payment shall be required for any penalty assessed under the previous ordinance, even if the original violation is no longer considered a violation under this Development Code.

D.

Illustrative Examples. Examples of activities inconsistent with the adopted codes or with any permit or approval issued include, but are not limited to, the following:

1.

Increasing the density or intensity of any use of any land or structure except in accordance with the requirements of this Development Code;

2.

Reduction or diminishment of lot area, setbacks, vegetative buffers, open space, or other standards below the minimum requirements set forth in this Development Code;

3.

Damage to or removal of vegetation inconsistent with this Development Code;

4.

Creation, expansion, replacement, or change of a nonconformity inconsistent with this Development Code and all other applicable regulations;

5.

Failure to remove any sign installed, created, erected, or maintained in violation of this Development Code, or for which the Sign Permit has lapsed;

6.

Failure to remove a temporary use once authorization for the temporary use under this Development Code and all other applicable regulations has lapsed;

7.

Failure of a private association to construct, improve, or maintain any amenity, landscaping, buffers, fencing, or other improvements required by the terms of any permit or approval;

8.

Failure to abide by the condition(s) of any application approval or agreements executed in connection with a grant of approval; and

9.

Failure to comply with applicable provisions or requirements of a Certificate of Occupancy.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)

The Director or designee shall have the following remedies and powers to enforce:

9.3.1.

Deny/Withhold Entitlements. The Director or designee may deny or withhold all entitlements, including building permits, certificates of occupancy, business licenses, or other forms of authorization to use or develop any land, structure, or improvements, until an alleged violation, associated civil penalty, and/or lien resulting from a previous final order related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or applicant for the permit or other approval is responsible for the violation.

9.3.2.

Revoke Entitlements.

A.

Any entitlement or other form of authorization required under the adopted codes may be revoked, after notice and a hearing, when the Director or designee determines that:

1.

There is a departure from the approved plans, specifications, limitations, or conditions as required under the entitlement;

2.

The entitlement was procured by false representation;

3.

The entitlement was issued in error; or

4.

There is a violation of any provision of the adopted codes.

B.

Written notice of revocation shall be served upon the property owner, agent, applicant, or other person to whom the entitlement was issued, or such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after service of the revocation notice.

9.3.3.

Stop-Work Orders.

A.

Whenever any building, structure, site, or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in substantial violation of any state or local building law, or in a manner that endangers life or property, the Director or designee has the authority to issue a stop-work order for the specific part of the work that is in violation or presents the hazard.

B.

With or without revoking permits, the Director or designee may issue an order to stop work on any property on which there is an uncorrected violation of either a provision of the adopted codes or a provision of an entitlement or other form of authorization issued under an adopted code.

C.

The stop-work order shall be in writing directed to the person doing the work, and shall specify the provisions of the code or other law allegedly in violation. After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order.

D.

Once conditions for resumption of the work have been met, the Director or designee shall rescind the stop-work order.

9.3.4.

Criminal and Civil Penalties.

A.

Any person, firm, or corporation violating any provision of the adopted codes, or any amendments, shall be guilty of a class one misdemeanor punishable by a fine not exceeding $2,500.00, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment, for each violation.

B.

Violation of any provision of the adopted codes, or any amendments, may also subject the offender to a civil monetary penalty in an amount to be established by the City Council. If the offender fails to pay this penalty within 15 days after being cited for a violation, the penalty may be recovered by the city in a civil action in the nature of a debt. A civil penalty may not be appealed to the Planning Commission if the offender was sent a final notice of violation in accordance with this section and did not take an appeal to the Planning Commission within 20 days of the date of such final notice.

9.3.5.

Injunctive Relief. The Director or designee may seek injunctive relief or other appropriate relief in Superior Court or other court of competent jurisdiction against any person who fails to comply with any provision of this Development Code or any requirement or condition imposed pursuant to this Development Code. In any court proceedings in which the city seeks a preliminary injunction, it shall be presumed that a violation of the adopted code is a real, immediate, and irreparable injury to the public; that the public will be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject code violation.

9.3.6.

Abatement.

A.

The city may abate the violation pursuant to this subsection.

B.

Any abatement of a violation of this Code shall be conducted and any lien imposed shall be done in accordance with the provisions of A.R.S. § 9-499.

(Ord. No. 37-09, § 1, 12-16-2009; Ord. No. 06-22, § 6, 4-5-2022; Ord. No. 36-22, § 6, 12-20-2022; Ord. No. 37-22, § 6, 12-20-2022; Ord. No. 01-24, § 3(Exh. A, B), 2-20-2024)