A.

For the purpose of enforcement of the provisions of this title, there is created the position of the zoning administrator, who shall also be the development services director. Further, the city manager shall have the authority to hire such duly authorized agents as may be required to enforce the provisions of this title. The zoning administrator or the duly authorized agents are authorized and directed to enforce all provisions of this title, including the receiving of applications, the inspection of premises, and the issuing of permits.

B.

The zoning administrator or the duly authorized agents who observe a violation of any of the provisions of this title shall take one or more of the actions described in this subsection in order to resolve the violation:

1.

Attempt personal contact with the resident and/or responsible party of the property and/or affix a written notice and order to comply to the front door, front gate or other visible location if a structure exists;

2.

Issue a first notice and order to comply to the responsible party in accordance with the procedures set forth in this chapter;

3.

Reinspect the property after the first notice and order to comply;

4.

Issue a final notice and order to comply in accordance with the procedures set forth in this chapter if the property is not in substantial compliance after the first notice and order to comply;

5.

Reinspect the property after the final notice and order to comply;

6.

Prepare a long form criminal complaint if the property is not in substantial compliance after the final notice and order to comply;

7.

Forward the long form criminal complaint to the city prosecutor for approval. The city prosecutor shall file the complaint with the Bullhead City municipal court against the responsible party in accordance with Chapter 1.08 of the city code;

8.

A notice and order to comply shall not be required if the responsible party is the same and such party has been charged criminally within the previous twenty-four months for the same or similar code violation;

9.

Peace officers may cite any violation of this title as a criminal offense without notice by using the Arizona traffic ticket complaint form for enforcement.

C.

The city prosecutor may also enforce the provisions of this title by using a long form criminal complaint for criminal enforcement. The city prosecutor may use discretion in reducing criminal violations to petty offenses or deferred prosecution in the interest of justice.

(Res. No. 2010R-12, §§ 16, 17, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2005-50 § 2; Ord. 2004-15 § 2 (part): Ord. 97-878 § 2: Ord. 97-869 § 60: Ord. 89-239 (part): prior code § 13.27.1)

A.

Whenever necessary to make an inspection to enforce the provisions of this title, or whenever the zoning administrator or the authorized agent has reasonable cause to believe that there exists upon any premises any condition which is a violation of the provisions of this title, the zoning administrator or the authorized agent may enter in and upon such premises at all reasonable times to inspect the same or to perform any duty imposed upon the zoning administrator by this title, provided that if such premises be occupied, he shall first present proper credentials and request entry.

B.

If consent is denied or cannot be obtained, neither the zoning administrator nor any of the agents shall enter in or upon the premises without proper execution of a consent to search or an administrative search warrant issued by a court of competent jurisdiction.

(Res. No. 2010R-12, § 17, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2004-15 § 2 (part))

A.

If the zoning administrator or the authorized agent has determined that a violation of this title exists, the director or the authorized agent shall advise the responsible party by written notice that the violation must be corrected and removed from the property. If the property owner is not the defendant or responsible party named in the action, notice shall also be given to the owner in accordance with the procedures set forth in this chapter:

1.

The NOC shall include a legal description of the premises, street address, tax parcel number, and a summary of violations known to exist together with the code section references.

2.

If the zoning administrator or authorized agent determines that the city should seek administrative abatement pursuant to A.R.S. Section 9-499 (as amended) and this chapter, the NOC shall include the information listed in this subsection:

a.

The estimated cost of removal together with costs of additional inspection and other incidental connected costs as set forth in Chapter 3.40 of this code (Comprehensive Fee Schedule);

b.

A Description of the Appeal Process. The responsible party may appeal both the notice and the assessments by requesting a hearing before the city council within the time set for compliance. If no timely appeal is made, or the city council affirms the abatement, the city may remove, abate, enjoin or cause the removal of the violation after the compliance time has elapsed.

3.

The costs for abatement, plus associated legal costs, shall be recorded as an assessment on the property and collected, as provided in A.R.S. Section 9-499 (as amended), including commencing a sale of the property and judgment of foreclosure in superior court. A prior assessment under the statute shall not be a bar to subsequent assessments, and any number of assessments on the same lot or tract of land may be enforced in the same action.

B.

The notice shall be given to the responsible party not less than thirty days before the date set for compliance. The NOC shall advise the responsible party that unless they comply voluntarily with the requirements of the notice that the city will exercise one or more of the options listed in this subsection to enforce compliance:

1.

Abate the violation from the premises at the expense of the responsible party in accordance with the procedures set forth in this chapter;

2.

File a long form criminal complaint with the Bullhead City municipal court against the responsible party in accordance with Chapter 1.08 of the city code;

3.

Request a peace officer to issue a criminal citation to the responsible party using the Arizona traffic ticket complaint form for enforcement.

C.

Service of Notice.

1.

Notices involving abatements and long form criminal complaints shall be served on the responsible party through one of the methods listed in this subsection:

a.

By personally serving the responsible party with the notice;

b.

By mailing the notice to the responsible party at his last known address and the address to which the tax bill for the property was last mailed by certified mail, return receipt.

2.

Notices involving all other types of violations shall be served on the responsible party through one of the methods listed in this subsection:

a.

By personally serving the responsible party with the notice;

b.

By mailing the notice to the responsible party at his last known address and the address to which the tax bill for the property was last mailed by first class mail.

(Res. No. 2010R-12, § 18, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2005-50 § 3; Ord. 2004-15 § 2 (part): Ord. 2001-06 § 14; Ord. 2000-1080 §§ 4—6; Ord. 97-885 § 2; Ord. 97-878 § 3)

A.

The city may seek either administrative or court-ordered abatement of any violation of the zoning code. Abatement will not preclude also seeking criminal enforcement actions.

B.

Abatement commenced pursuant to A.R.S. Section 9-499 (as amended) shall be known as an administrative abatement. The purpose of an administrative abatement is to compel the responsible party for the property to remove rubbish, trash, weeds or other accumulation of filth, debris or dilapidated structures which constitute a hazard to public health and safety from buildings, grounds, lots, contiguous sidewalks, streets and alleys of the city. Notice of an abatement shall be given in accordance with the procedures set forth in this chapter.

C.

Abatements may also be ordered by the Bullhead City municipal court in accordance with A.R.S. Section 9-500.21, adopted in Bullhead City Municipal Code Chapter 1.08 (as amended), as part of an action filed by the city against the responsible party. If the city seeks court-ordered abatement as a remedy in addition to any sanction, penalty, incarceration, restitution, or fine, it shall plead the abatement costs as set forth in this chapter. The court may allow an appropriate time for compliance and abatement by the responsible party, but compliance will not preclude the city from requesting criminal penalties. Failure by the defendant or responsible party to comply with abatement will result in the filing of an assessment lien on the property as described in A.R.S. Section 9-499 (as amended), and may also subject the party to additional criminal citations for interference with judicial proceedings under A.R.S. Section 13-2810 (as amended).

(Ord. 2005-50 § 4: Ord. 2004-15 § 2 (part))

A.

A long form criminal complaint may be filed by any prosecutor, peace officer or duly authorized agent of the development services department with the Bullhead City municipal court against the responsible party in accordance with the Arizona Rules of Criminal Procedure.

(Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2005-50 § 6 (part); Ord. 2004-15 § 2 (part): Ord. 97-878 § 5)

A.

All applications for permits shall be made in the office of the zoning administrator on forms supplied therein, together with a sketch of the proposed construction containing sufficient information for the enforcement of the applicable city code regulations.

B.

All such permits shall be obtained prior to the start of construction and the place card prominently displayed upon the site thereafter.

(Ord. 2005-50 § 6 (part); Ord. 2004-15 § 2 (part): Ord. 98-930 § 2: Ord. 97-878 § 1 (part); Ord. 89-239 (part): prior code § 13.27.2(B))

A.

No permit presuming to give authority to violate any of the provisions of this title or any existing law, shall be issued, and if issued shall not be valid except insofar as the work or use which it authorizes that is lawful and permitted. In all other instances, the permit is valid provided compliance with the conditions listed in this section has been obtained:

1.

A place card is openly displayed at the improvement during construction, repair or alteration.

2.

Construction is commenced within six months of date of issuance and diligently pursued thereafter.

3.

Any requirements or stipulations conditional upon which the permit was issued are complied with.

(Res. No. 2010R-12, § 17, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2005-50, § 6 (part); Ord. 2004-15, § 2 (part); Ord. 98-930, § 3; Ord. 97-878, § 1 (part); Ord. 89-239 (part); prior code § 13.27.2(E))

A.

Any person or responsible party having control over a structure or parcel of land, who causes, permits, facilitates, or aids or abets any violation of any provision of this chapter, or who fails to perform any act or duty required by this title, and is found to be guilty of the acts described in the long form criminal complaint, Class 2 misdemeanor and, upon conviction thereof, they shall be punished by a fine or by imprisonment in the county jail or by both such fine and imprisonment as set forth in Chapter 1.08 of the city code.

B.

Each calendar day any violation of any provision of this chapter or the failure to perform any act or duty required by this chapter exists shall constitute a separate violation or offense.

C.

The owner of record as recorded in the Mohave County recorder's office of the property upon which a violation of this title exists shall be presumed to be the person having lawful control over that structure or parcel of land. If more than one person shall be recorded as the owner of the property, such persons shall be jointly and severally presumed to be the persons having lawful control over a structure or parcel of land.

(Res. No. 2010R-12, § 17, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2009-1, § 2, 1-20-09; Ord. 2005-50, §§ 6 (part), 7; Ord. 2004-15, § 2 (part))

All other ordinances or parts of ordinances of this title in conflict with the provisions of this chapter are amended to provide for the same penalties, jurisdiction and procedures as those specifically set forth in this chapter.

(Ord. 2005-50 § 6 (part); Ord. 2004-15 § 2 (part))

If any section, subsection, paragraph, sentence, clause or phrase of this chapter should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter, which shall remain in full force and effect, and to this end the provisions of this chapter are declared to be severable.

(Ord. 2005-50 § 6 (part); Ord. 2004-15 § 2 (part))