10.- ENFORCEMENT
(a)
Any violation of the provisions and requirements of this chapter shall be subject to the enforcement remedies and penalties provided by this Code.
(b)
Except as otherwise specified in this Code, each day that a violation continues shall be considered a separate violation.
(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)
(a)
The Zoning Administrator shall have the duty and authority to enforce the provisions of this chapter.
(b)
The Zoning Administrator shall have the authority to enter any building, structure or premises, upon reasonable notice, at any and all reasonable times, for the purpose of performing the duties prescribed to the Zoning Administrator by this chapter.
(c)
All remedies provided in this Code shall be cumulative and the use of one remedy shall not prohibit the use of other remedies for the same violation. To the extent that Arizona State law may limit the availability of a particular remedy for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.
(d)
The Zoning Administrator shall order, in writing, the correction of any violation. Such order shall state the nature of the violation, the Code provision violated, and the time in which the violation must be corrected. After such order has been served upon the record owner of the property affected or its agent, no work shall proceed on any structure or tract of land covered by such an order except to correct such violation or to comply with the order.
(e)
Decisions of the Zoning Administrator may be appealed to the Board of Adjustment in accordance with the Section 14-9-7.
(f)
In addition to or in lieu of the procedures outlined above the provisions of this Code shall be enforceable by the City in a court of proper jurisdiction utilizing any available remedies at law or equity.
(g)
This chapter shall not be construed to hold the City of Globe, its Community Development Director, Zoning Administrator, City Engineer or any other City official, responsible for any damage to persons or property by reason of any inspection or re-inspection authorized herein or the failure to so inspect or re-inspect or by reason of the issuance of a building permit as herein required.
(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)
(a)
Following the issuance of any permit pursuant to this chapter, the Zoning Administrator shall:
(1)
Review all permits issued and construction undertaken,
(2)
Compare actual development with approved plans and permits for development and the approved development schedule, conditions, or stipulations if any, and
(3)
Report his or her findings to the chairperson of the Planning and Zoning Commission.
(b)
If at any time during the construction of a development the Zoning Administrator determines that development is not proceeding or has not been completed in accordance with the approved plans and permits for development, the Zoning Administrator may issue a stop work order.
(c)
The Zoning Administrator may issue a stop work order on any development, excavation, building, or structure on any land on which there is an uncorrected violation of a provision of this Code or of a permit or other form of authorization issued hereunder.
(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)
(a)
Any person, or entity which knowingly or willfully violates any provision of this chapter, except where specifically provided otherwise, shall be guilty of a civil violation and shall be punished as provided in Section 1-5-1(A) of this Code.
(b)
In the event that the Zoning Administrator determines that a violation of this chapter has occurred, the Zoning Administrator shall send written notification of such violations to the person or entity causing the violation and the owner of record of the property where the violation has occurred, if different. Both shall be deemed to be a violator. The violator shall have seven days to correct the violation. If the violation is not corrected within the specified period, all development shall cease and all permits granted by the City shall become null and void. The Zoning Administrator may extend the seven-day period if the violation cannot be corrected within seven days and the violator and owner, within the seven-day period, show a good faith intent to correct the violation.
(c)
Each and every day beyond the initial seven-day notice period during which such violation continues shall be deemed a separate violation, punishable as set forth in paragraph (a) above.
(d)
Violation of a stop work order issued pursuant to Section 14-10-3 shall be a class one misdemeanor punishable as provided in Section 1-5-1(B).
(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)
(a)
Nothing in this section shall prohibit the continuation of previous enforcement actions undertaken pursuant to prior valid law or regulation.
(b)
Whenever the Zoning Administrator has reasonable cause to believe that any person or entity is violating or threatening to violate the provisions of this chapter, the Zoning Administrator may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action in the name of the City for injunctive relief to restrict the violation or threatened violation. This injunctive action shall be brought in the Superior Court. The institution of injunctive action under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of the provisions of this chapter.
(c)
The Zoning Administrator shall have such other enforcement powers and remedies as are and may from time to time be provided for or permitted by Arizona law for the violation of City codes.
(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)
10.- ENFORCEMENT
(a)
Any violation of the provisions and requirements of this chapter shall be subject to the enforcement remedies and penalties provided by this Code.
(b)
Except as otherwise specified in this Code, each day that a violation continues shall be considered a separate violation.
(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)
(a)
The Zoning Administrator shall have the duty and authority to enforce the provisions of this chapter.
(b)
The Zoning Administrator shall have the authority to enter any building, structure or premises, upon reasonable notice, at any and all reasonable times, for the purpose of performing the duties prescribed to the Zoning Administrator by this chapter.
(c)
All remedies provided in this Code shall be cumulative and the use of one remedy shall not prohibit the use of other remedies for the same violation. To the extent that Arizona State law may limit the availability of a particular remedy for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.
(d)
The Zoning Administrator shall order, in writing, the correction of any violation. Such order shall state the nature of the violation, the Code provision violated, and the time in which the violation must be corrected. After such order has been served upon the record owner of the property affected or its agent, no work shall proceed on any structure or tract of land covered by such an order except to correct such violation or to comply with the order.
(e)
Decisions of the Zoning Administrator may be appealed to the Board of Adjustment in accordance with the Section 14-9-7.
(f)
In addition to or in lieu of the procedures outlined above the provisions of this Code shall be enforceable by the City in a court of proper jurisdiction utilizing any available remedies at law or equity.
(g)
This chapter shall not be construed to hold the City of Globe, its Community Development Director, Zoning Administrator, City Engineer or any other City official, responsible for any damage to persons or property by reason of any inspection or re-inspection authorized herein or the failure to so inspect or re-inspect or by reason of the issuance of a building permit as herein required.
(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)
(a)
Following the issuance of any permit pursuant to this chapter, the Zoning Administrator shall:
(1)
Review all permits issued and construction undertaken,
(2)
Compare actual development with approved plans and permits for development and the approved development schedule, conditions, or stipulations if any, and
(3)
Report his or her findings to the chairperson of the Planning and Zoning Commission.
(b)
If at any time during the construction of a development the Zoning Administrator determines that development is not proceeding or has not been completed in accordance with the approved plans and permits for development, the Zoning Administrator may issue a stop work order.
(c)
The Zoning Administrator may issue a stop work order on any development, excavation, building, or structure on any land on which there is an uncorrected violation of a provision of this Code or of a permit or other form of authorization issued hereunder.
(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)
(a)
Any person, or entity which knowingly or willfully violates any provision of this chapter, except where specifically provided otherwise, shall be guilty of a civil violation and shall be punished as provided in Section 1-5-1(A) of this Code.
(b)
In the event that the Zoning Administrator determines that a violation of this chapter has occurred, the Zoning Administrator shall send written notification of such violations to the person or entity causing the violation and the owner of record of the property where the violation has occurred, if different. Both shall be deemed to be a violator. The violator shall have seven days to correct the violation. If the violation is not corrected within the specified period, all development shall cease and all permits granted by the City shall become null and void. The Zoning Administrator may extend the seven-day period if the violation cannot be corrected within seven days and the violator and owner, within the seven-day period, show a good faith intent to correct the violation.
(c)
Each and every day beyond the initial seven-day notice period during which such violation continues shall be deemed a separate violation, punishable as set forth in paragraph (a) above.
(d)
Violation of a stop work order issued pursuant to Section 14-10-3 shall be a class one misdemeanor punishable as provided in Section 1-5-1(B).
(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)
(a)
Nothing in this section shall prohibit the continuation of previous enforcement actions undertaken pursuant to prior valid law or regulation.
(b)
Whenever the Zoning Administrator has reasonable cause to believe that any person or entity is violating or threatening to violate the provisions of this chapter, the Zoning Administrator may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action in the name of the City for injunctive relief to restrict the violation or threatened violation. This injunctive action shall be brought in the Superior Court. The institution of injunctive action under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of the provisions of this chapter.
(c)
The Zoning Administrator shall have such other enforcement powers and remedies as are and may from time to time be provided for or permitted by Arizona law for the violation of City codes.
(Res. No. 1791, Exh. A, 11-27-2018; Ord. No. 855, § 1, 11-27-2018)