Huachuca City City Zoning Code

Upon receipt of the initial formal written complaint, or upon his own initiative, the town building official may issue a letter of noncompliance to the person in violation, which shall state the extent and nature of the zoning violation and the actions necessary to remedy the noncompliance. The person in violation shall be given up to 30 days from the date of the letter to initiate actions approved by the town building official necessary to comply with this title.

If corrective action is not taken as outlined above and to the satisfaction of the town building official, the person in violation shall receive a notice of continued noncompliance from the town building official, which shall state the extent and nature of the continued noncompliance. Additionally, a copy of the notice of continued noncompliance shall be forwarded to the Huachuca City police department, which may issue a criminal citation for violation and may issue additional citations for each violation. Each violation shall carry a fine no less than $200.00 and no more than $2,500 per violation, plus an additional $50.00 shall be collected per issued citation as reimbursement to the police department, upon the determination of guilt or no-contest by the town magistrate. Should the person in violation be found guilty or otherwise enter a plea of guilty or "no contest," any business license or permit or both issued by the town of Huachuca City and used by the violator to conduct business or construct a structure within the town limits of Huachuca City shall be suspended until such time as the town building official has determined that the person in violation has remedied the violation, paid all fines in full issued by the town magistrate and is in full compliance with the town zoning code. Any revocation or suspension of a business license is subject to the holder's rights to prior notice and an opportunity for a hearing, as provided by Chapter 5.05.

If a person builds a structure without having a valid building permit from the town building official or any required review of the planning and zoning commission, that person(s) shall have 10 days from the date of the notice to tear down all structures that were built without a permit or request a hearing with the Huachuca City board of adjustment. If corrective action is not taken as outlined above to the satisfaction of the town building official, the person in violation shall receive a notice of continued noncompliance from the town building official, which shall state the extent and nature of the continued noncompliance. Additionally, a copy of the notice of continued noncompliance shall be forwarded to the Huachuca City police department, which may issue a criminal citation for violation and may issue additional citations for each violation. Each violation after receipt of the notice of continued noncompliance shall carry a fine no less than $200.00 and no more than $2,500 per violation, plus an additional $50.00 shall be collected per issued citation as reimbursement to the police department.

For purposes of this chapter, a notice shall be deemed received when it is personally served or five days after it is sent by certified U.S. mail.

In addition to the penalties provided in this section, the court shall impose restitution as part of its sentence to compensate the town for its costs to enforce this chapter and bring a building or land into compliance with this chapter. Restitution shall include all costs of abatement, including inspection fees and prosecution of the case.