Oro Valley City Zoning Code
CHAPTER 30
Enforcement
Section 30.1 Enforcement
A. Duties
It shall be the duty of the Planning and Zoning Administrator to enforce this Code. He shall receive requests for building permits, verify conformance with this Code before such permits are issued, provide for the issuance of permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of this Code are complied with. He shall, when requested by the Town Council or when the interests of the municipality so require, make investigations in connection with matters referred to in this Code and render written reports on the investigations. For the purpose of enforcing compliance with the law, he shall issue notices or orders as may be necessary.
EXCEPTION: Section 27.9 of this ordinance, pertaining to grading regulations, may be enforced by the Community Development Director (acting as the Planning and Zoning Administrator) and, for violations within the Town right-of-way, the Town Engineer, or a designee appointed by either of these officials.
B. Rules
For carrying into effect its provision, the Planning and Zoning Administrator may adopt rules consistent with this ordinance.
C. Inspections
Building inspections shall be made by the Building Official or a duly appointed assistant.
D. Records
1. The Town shall keep careful and comprehensive records of permits issued, inspections made, reports rendered and notices or orders issued. The Town shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence.
2. All such records shall be open to public inspection at reasonable hours, but shall not be removed.
Section 30.2 Fees and Penalties
A. Fees
Fees shall be required for all application processes described herein. The Town shall adopt a fee schedule and related policies by resolution. All fees specified must be provided by the applicant upon submittal of an application or as determined by the Planning and Zoning Administrator.
B. Penalty for Violation
Any person, firm or corporation whether as principal, owner, agent, tenant or otherwise who violates, disobeys, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance (Oro Valley Zoning Code Revised) shall, upon conviction, be punished by a fine as proscribed in the penalty schedule adopted by the Town or by imprisonment for a term not exceeding six (6) months or by both fine and imprisonment. Each day a violation continues shall constitute a separate offense.
C. Injunction
1. If any building or structure is constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, the Town, or any owner or tenant of real property in the same contiguous zoning district as the violation in question, in addition to other remedies, may institute any appropriate action or proceedings:
a. To prevent the unlawful grading, construction, reconstruction, alteration, repair, conversion, maintenance or use;
b. To prevent the occupancy of the building, structure or land;
c. To prevent any illegal act, conduct business or use in or about the premises; or
d. To restrain, correct or abate the violation.
2. When any such action is instituted by an owner or tenant, notice of such action shall be served upon the municipality at the time suit is begun by serving a copy of the complaint on the Town Clerk.
3. In any such action or proceeding, the court with jurisdiction thereof has the power and, in its discretion, may issue a restraining order or a preliminary injunction as well as a permanent injunction upon such terms and under such conditions as will do justice and enforce the purpose of this ordinance.