This section establishes procedures through which the town seeks to ensure compliance with the provisions of this code and obtain corrections for violations. The section also sets forth the remedies and penalties that apply to violations of this code.

(Ord. 2020-02, passed 4-13-2020)

(Ord. 2020-02, passed 4-13-2020)

   (A)   No person shall develop or use any land, building, or structure within the town in violation of this code, regulations authorized under this code, or the terms and conditions of permits or other approvals or entitlements issued under this code.

   (B)   No permit or approval may be issued under this code unless all structures and uses of land and structures to be authorized by the permit or approval conform to this code, regulations promulgated under this code, and the terms and conditions of other applicable permits and approvals issued under this code. Except as otherwise required by Arizona law, any permit issued or administrative approval granted in conflict with this zoning chapter is void.

   (C)   Any person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this code may be held responsible for the violation and suffer the penalties and be subject to the remedies provided in this code.

   (D)   Each day any violation of any provision of this code, or the failure to perform any act or duty required by this code, continues shall constitute a separate offense.

(Ord. 2020-02, passed 4-13-2020)

   (A)   Any erection, construction, reconstruction, remodeling, alteration, maintenance, expansion, movement, or use of any land, building, structure, or sign that is inconsistent with this code or any regulation adopted pursuant to this code.

   (B)   Any development, use, or other activity that is in any way inconsistent with the terms or conditions of any permit or approval required to engage in such activity and that was issued under or required by this code.

(Ord. 2020-02, passed 4-13-2020)

   The Zoning Administrator shall have the following remedies and powers to enforce this code:

      (1)   Any development permit or other form of authorization required under this chapter may be revoked when the Zoning Administrator determines:

         (a)   That there is departure from the plans, specifications, or conditions as required under terms of the permit;

         (b)   That the development permit was procured by false representation or was issued by mistake; or

         (c)   That any of the provisions of this chapter are being violated.

      (2)   Written notice of such revocation shall be served upon the owner, the owner's agent or contract, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.

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

      (2)   Once conditions for resumption of the work have been met, the Zoning Administrator shall rescind the stop-work order.

(Ord. 2020-02, passed 4-13-2020)

   (A)   Any person, firm, or corporation violating any provision of this code, or any amendments to it, shall be guilty of a Class One Misdemeanor punishable by a fine not exceeding $2,500, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment, for each violation. Every action or proceeding under this section shall be commenced and prosecuted in accordance with the laws of the State of Arizona relating to misdemeanors and the Arizona Rules of Criminal Procedure.

   (B)   Violation of any provision of this code, or any amendments to it, may also subject the offender to issuance of a civil citation. The citation shall direct the defendant to appear in Colorado City Magistrate Court or pay a fine not to exceed $250 within 14 days after issuance of the citation. The civil citation shall be substantially in the same form and format as the Arizona Traffic Ticket and Complaint standard form.

      (1)   The citation shall be served by delivering a copy to the defendant by any of the following means:

         (a)   By having the defendant sign the citation with the promise to appear in court on or before the date specified on the face of the citation.

         (b)   If the defendant refuses to sign the citation, then the Zoning Administrator shall hand-deliver a copy of the citation to the defendant and note on the defendant's copy of the citation date and time of hand-delivery to the defendant.

         (c)   By mailing a copy of the citation to the person charged by certified or return receipt requested mail, to the person's last known address.

         (d)   In the event that service cannot be accomplished as set forth in this division, the defendant may be served by any means contemplated or allowed by the Arizona Rules of Civil Procedure or Arizona Rules of Practice for the Superior Court.

      (2)   The citation shall contain the date and location of the violation, reference to the code section or provision violated, and notice that within 14 days from the date on which the citation was issued the fine for the violation must be paid to and received by the Colorado City Magistrate Court or a request for a hearing be made to and received by the Colorado City Magistrate Court.

      (3)   The citation shall state that if the defendant fails to appear within the time specified, and either pay the fine for the violation or request a hearing, judgment by default will be entered in the amount of the fine designated on the citation for the violation charged plus a penalty amount as may be established by the Court for the defendant's failure to appear.

      (4)   The Arizona Rules of Procedure in Civil Traffic Violation Cases shall be followed by the Colorado City Magistrate Court for civil citations issued pursuant to this code, except as modified or where inconsistent with the provisions of the zoning and development code or as modified or established for use by the Colorado City Magistrate Court or the Arizona Supreme Court.

(Ord. 2020-02, passed 4-13-2020)

   Nothing in this code shall prohibit the continuation of previous enforcement actions undertaken by the town pursuant to previous regulations.

(Ord. 2020-02, passed 4-13-2020)

   The procedures and remedies provided for herein shall be cumulative and in addition to any other procedures and remedies to which the town may be entitled by law or equity.

(Ord. 2020-02, passed 4-13-2020)