Phoenix City Zoning Code
CHAPTER 10
Enforcement
Section 1001. Enforcement authority.
This ordinance shall be enforced by the Zoning Administrator of the City of Phoenix or the Zoning Administrator’s authorized representative who shall have authority to enter any building, structure or premises or any part thereof, at any and all reasonable times in accordance with legal requirements governing administrative inspections of private property, for the purpose of performing the Zoning Administrator’s official duty.
Section 1002. Interference with enforcement personnel.
It shall be unlawful for any person to willfully interfere with, hinder, or obstruct enforcement personnel in the discharge of their duties.
Section 1003. Police to assist in enforcement activities.
It shall be the duty of the Police Department to assist in the enforcement of the ordinance.
Section 1004. Penalties.
A. For purposes of this chapter, a responsible party shall be defined as an occupant, lessor, lessee, manager, licensee, or other person having control over or use of a structure or parcel of land.
B. The remedies herein are cumulative and the City may proceed under one or more such remedies.
C. (1) Any owner or responsible party who causes, permits, facilitates, or aids or abets any violation of any provision of this Zoning Ordinance or who fails to perform any act or duty required by the Zoning Ordinance is guilty of a Class 1 misdemeanor, subject to the provisions of Subsections D.(1) and D.(2), provided, however, that the City Attorney may authorize the filing of certain cases or classes of cases as civil violations subject to the provisions of Subsections E.(1) and E.(2).
D.
1. Any person convicted of a violation of the Zoning Ordinance shall be sentenced to a fine of not less than one hundred dollars. Any person who is convicted of a second violation of the Ordinance committed within thirty-six months of a prior violation of the Ordinance shall be subject to a fine of not less than two hundred fifty dollars. Any person who is convicted of a third or subsequent violation of the Ordinance committed within thirty-six months of a prior violation of the Ordinance shall be subject to a fine of not less than five hundred dollars.
2. The thirty-six-month period provision of Subsection D.(1) of this section shall be calculated by the dates the violations were committed. The owner or responsible party shall receive the enhanced fine upon a conviction of any violation of the Zoning Ordinance which was committed within thirty-six months of the commission of another violation for which the owner or responsible party was found responsible or convicted, irrespective of the order in which the violations occurred or whether the prior violation was civil or criminal.
E.
1. Any owner or responsible party who causes, permits, facilitates, or aids or abets any violation of any provision of the Zoning Ordinance or who fails to perform any act or duty required by the Ordinance is subject to a civil sanction of not less than one hundred dollars or more than two thousand five hundred dollars. Any owner or responsible party who commits a second violation of the Ordinance within thirty-six months of the commission of a prior violation of the Ordinance shall be subject to a civil sanction of not less than two hundred fifty dollars. Any owner or responsible party who commits a third violation of the Ordinance within thirty-six months of the commission of a violation of the Ordinance shall be subject to a civil sanction of not less than five hundred dollars.
2. The thirty-six-month period provision of Subsection E.(1) of this section shall be calculated by the dates the violations were committed. The owner or responsible party shall receive the enhanced civil sanction upon a finding of responsibility for any violation of the Zoning Ordinance which was committed within thirty-six months of the commission of another violation for which the owner or responsible party was convicted or found responsible, irrespective of the order in which the violations occurred or whether the prior violation was civil or criminal.
F. Each day a violation of any provision of the Zoning Ordinance or a failure to perform any act or duty required by the Ordinance exists may constitute a separate offense.
Section 1005. Nonconforming use as affirmative defense.
In any proceeding to enforce the Zoning Ordinance, the existence of a nonconforming use shall constitute an affirmative defense which must be pleaded and proved by the person asserting such defense.