This article establishes procedures through which the City seeks to ensure compliance with the provisions of this chapter and obtain corrections for violations. The article also sets forth the remedies and penalties that apply to violations of this chapter. (Ord. 18-880, 7-23-2018)

Prior to issuance of building permits, the building official shall ascertain that plans presented with the building permit application comply with the requirements of this chapter. (Ord. 18-880, 7-23-2018)

The provisions of this chapter shall be administered and enforced by the Zoning Administrator, or such other person as may be designated by the Administrator and is authorized to stop any work undertaken not in compliance with any provision of this chapter, approved permit, or condition of approval. (Ord. 18-880, 7-23-2018)

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

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

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

   D.   Each day any violation of any provision of this chapter, or the failure to perform any act or duty required by this chapter continues shall constitute a separate offense. (Ord. 18-880, 7-23-2018)

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

   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 chapter. (Ord. 18-880, 7-23-2018)

The Zoning Administrator shall have the following remedies and powers to enforce this chapter. (Ord. 18-880, 7-23-2018)

The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this chapter or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the City. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question. (Ord. 18-880, 7-23-2018)

Instead of withholding or denying a permit or authorization (as described in section 21-7-5.1 of this section 21-7-5) the City may grant such authorization subject to the condition that the violation be corrected. (Ord. 18-880, 7-23-2018)

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 that any of the provisions of this chapter are being violated.

   C.   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. (Ord. 18-880, 7-23-2018)

With or without revoking permits, the Zoning Administrator may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this chapter or of a permit or other form of authorization issued hereunder, in accordance with the City's power to stop work under its Building Codes. A stop-work procedure is as follows:

   A.   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 chapter 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.

   B.   Once conditions for resumption of the work have been met, the Zoning Administrator shall rescind the stop-work order. (Ord. 18-880, 7-23-2018)

The City may commence an action to abate a violation of this chapter pursuant to Arizona Revised Statutes section 9-499. (Ord. 18-880, 7-23-2018)

The City shall have such other remedies, as are and as may be from time to time, provided by Arizona law for the violation of zoning or related ordinance provisions. (Ord. 18-880, 7-23-2018)

Any person, firm, or corporation violating any provision of this chapter, or any amendments to it, shall be guilty of a Class one misdemeanor punishable by a fine not exceeding two thousand five hundred dollars ($2,500.00), or by imprisonment for a period not exceeding six (6) 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. (Ord. 18-880, 7-23-2018)

Violation of any provision of this chapter, 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 Eloy Magistrate Court or pay a fine not to exceed two hundred fifty dollars ($250.00) within fourteen (14) calendar 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.

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.   If service cannot be accomplished as set forth in this section, 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.

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

   F.   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.

   G.   The Arizona Rules of Procedure in civil traffic violation cases shall be followed by the Eloy Magistrate Court for civil citations issued pursuant to this chapter, except as modified or where inconsistent with the provisions of this chapter or as modified or established for use by the Eloy Magistrate Court or the Arizona Supreme Court. (Ord. 18-880, 7-23-2018)

Nothing in this chapter shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous regulations. (Ord. 18-880, 7-23-2018)

The procedures and remedies provided for herein shall be cumulative and in addition to any other procedures and remedies to which the City may be entitled by law or equity. (Ord. 18-880, 7-23-2018)