A.   Purpose: This chapter provides:

      1.   The process of applying the provisions of this code to individual land use proposals prior to the initiation of such development or uses, by the evaluation of proposed development or uses by county staff for conformance with this code;

      2.   For the enforcement of this code subsequent to the development or use of property, if voluntary correction of a violation is not successful.

   B.   Scope:

      1.   Compliance describes the methods by which the provisions of this code are met when a particular use of a property is intended.

      2.   Enforcement describes the actions taken by the county if users of property do not follow the prescribed methods.

(Ord. 1985-188 § 1 (part), 1985)

   A.   Compliance mechanisms: Code compliance is sought through:

      1.   Review procedures for subdivision plats, development plans and other plans;

      2.   A permitting system which will deny the issuance of a permit, if the proposed activity conflicts with code requirements; and

      3.   Specific county officers and employees empowered to administer the above methods of compliance.

   B.   Compliance review:

      1.   It shall be the duty of the zoning inspector and all departments, officials and public employees vested with the duty or authority to issue permits, to:

         a.   Determine compliance with the provisions of this code; and

         b.   Issue no permit in conflict with the provisions of this code.

      2.   Any permit issued in conflict with the provisions of this code shall be null and void.

   C.   Validity of permit:

      1.   The issuance or granting of a building or use permit or approval of plans or specifications under the authority of this code shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code or the amendments thereto, or of any other ordinance or law;

      2.   No permit presuming to give authority to violate or cancel any of the provisions of this code or any existing law shall be issued, and if issued shall not be valid, except insofar as the work or use which it authorizes is lawful and permitted;

      3.   A zoning permit shall be valid:

         a.   Concurrent with and subject to the validity of the applicable permit required by the county building codes (Title 15), or

         b.   In perpetuity, upon establishment of the use or completion of structures associated with the use, provided the use is not discontinued for more than twelve months;

      4.   If no building permit is required for the use, the zoning use permit or zoning construction permit (refer to Section 18.01.030E, General Provisions) shall be valid:

         a.   For one year after the date of issuance, or

         b.   In perpetuity, upon establishment of the use or completion of structures associated with the use, provided the use is not discontinued for more than twelve months.

(Ord. 1987-66 § 1, 1987; Ord. 1986-216 § 1, 1986; Ord. 1985-188 § 1 (part), 1985)

   A.   Zoning inspection:

      1.   Responsibility: The chief zoning inspector is responsible for investigating all complaints of suspected violations of this code;

      2.   Right of entry: When necessary to enforce this code, the chief zoning inspector may, at any reasonable hour, enter any land or structure to investigate a possible violation, provided that no structure shall be entered in the absence of the owner or occupant without a written court order.

   B.   Zoning violation hearing:

      1.   The hearing officer shall hear and decide complaints alleging violations of this code, as authorized by A.R.S. § 11-808 and Section 18.101.060 (Administrators);

      2.   The form and service of complaints, and the hearing procedures of the officer, shall follow the zoning enforcement rules of procedure adopted by the board of supervisors in accordance with Section 18.01.070 (General Provisions);

      3.   If the officer determines a zoning violation exists, civil penalties may be imposed by the officer in accordance with Section 18.95.040A. Imposition of civil penalties shall not preclude persons listed in Section 18.95.040B from pursuing remedies provided for in that subsection;

      4.   The erection, construction, reconstruction or alteration of any structure, or the use of any property or structure, not in conformance with this code constitutes a violation;

      5.   Violators of this code are subject to civil penalties or other legal action for failure to comply with any provision of this code (refer to Section 18.95.040).

   C.   Mitigation Requirements:

      1.   The hearing officer's action on a grading or plant removal violation may include a requirement to mitigate the damage resulting from the violation.

      2.   The hearing officer may, in writing, refer a determination of all or part of the requirements for mitigation of a violation of the following zoning code chapters or sections to the design review committee or Pima County plans review subcommittee of the historical commission, as appropriate:

         a.    Section 18.09.040 Cluster development option.

         b.    Chapter 18.59 GC Golf Course Zone.

         c.    Chapter 18.61 Hillside Development Overlay Zone.

         d.    Chapter 18.63 Historic Zone. Historic Zone mitigation issues may be referred to the Pima County plans review subcommittee of the historical commission.

         e.   Chapter 18.67 Buffer Overlay Zone.

         f.   Chapter 18.72 Native Plant Preservation.

         g.   Chapter 18.73 Landscaping, Buffering and Screening Standards.

         h.   Chapter 18.81 Grading Standards.

         i.   Chapter 18.90 Specific Plans.

      3.   The DRC's action, subject to review and approval by the hearing officer, shall include a mitigation plan and program approved by the DCR and in conformance with the requirements, if any, of the hearing officer's decision.

   D.   Appeals:

      1.   Any party to the zoning violation hearing may appeal the decision of the officer to the board of supervisors subject to the provisions in the following Section 18.95.030E.

      2.   The decision of the board of supervisors may be appealed to the superior court in accordance with A.R.S. § 12-901 et seq.

   E.   Design Review Committee Review of an Appeal:

      1.   The design review committee shall hear and review appeals of a hearing officer's decision regarding one or more zoning violations of the development standards or development conditions of a chapter, section, or provision listed in the following Sections 18.95.030.E.1.a. and b. The design review committee’s recommendations shall be forwarded to the board of supervisors before the appeal is heard and acted on by the board.

         a.   Environmentally or preservation focused zoning code chapters or Sections:

            1)   Section 18.09.040 Cluster development option.

            2)   Chapter 18.59 GC Golf Course Zone.

            3)   Chapter 18.61 Hillside Development Overlay Zone.

            4)   Chapter 18.72 Native Plant Preservation.

            5)   Chapter 18.73 Landscaping, Buffering and Screening Standards.

            6)   Chapter 18.81 Grading Standards.

            7)   Chapter 18.90 Specific Plans.

         b.   Specific Plan Ordinances.

      2.   In addition to the requirements of this section, the design review committee or historical commission shall establish rules of procedure, submittal requirements, submittal deadlines, and review criteria to govern the DRC's public hearing and review of an appeal.

      3.   The design review committee public hearing process shall include the following:

         a.   A mailed notification of the hearing to all parties who received notice of the violation hearing at which the hearing officer took action and all other parties who attended the violation hearing;

         b.   An opportunity for property owners and residents within a minimum of three hundred feet (300) of the boundaries of the violation to make comment on the appeal;

         c.   The design review committee’s review of the appellant's appeal, the staff report, and the circumstances and testimony presented at the hearing;

         d.   The design review committee’s action. A recommendation for denial or approval of the appeal may include conditions but shall not recommend an increase or decrease of civil penalties over those previously assessed by the hearing officer;

         e.   The design review committee shall not continue a public hearing or its review and action unless more information is needed which the petitioner cannot provide at the public hearing.

   F.   Pima County Plans Review Subcommittee of the Historical Commission Review of an Appeal:

      1.   The Pima County plans review subcommittee of the historical commission shall hear appeals of a hearing officer's decision regarding one or more zoning violations of the development standards or development conditions of a chapter, section, or provision listed in the following Section 18.95.030(F)(1)(a). The Pima County plans review subcommittee of the historical commission's recommendations shall be forwarded to the board of supervisors before the appeal is heard and acted on by the board.

         a.   Environmentally or preservation focused zoning code chapters or sections:

            1)   Chapter 18.63 Historic Zone.

      2.   In addition to the requirements of this section, the Pima County plans review subcommittee of the historical commission shall establish rules of procedure, submittal requirements, submittal deadlines, and review criteria to govern the public hearing and review of an appeal.

      3.   The Pima County plans review subcommittee of the historical commission's public hearing process shall include the following:

         a.   A mailed notification of the hearing to all parties who received notice of the violation hearing at which the hearing officer took action and all other parties who attended the violation hearing;

         b.   An opportunity for property owners and residents within a minimum of three hundred feet of the boundaries of the violation to make comment on the appeal;

         c.   The Pima County plans review subcommittee of the historical commission's review of the appellant's appeal, the staff report, and the circumstances and testimony presented at the hearing;

         d.   The Pima County plans review subcommittee of the historical commission's action. A recommendation for denial or approval of the appeal may include conditions but shall not recommend an increase or decrease of civil penalties over those previously assessed by the hearing officer;

         e.   The Pima County plans review subcommittee of the historical commission shall not continue a public hearing or its review and action unless more information is needed which the petitioner cannot provide at the public hearing.

(Ord. 2025-4, 2025: Ord. 2000-52 § 3, 2000; Ord. 1985-188 § 1 (part), 1985)

   A.   Penalties:

      1.   Each day's continuance of a zoning violation shall be deemed a separate offense;

      2.   The maximum penalty for each offense shall be:

         a.   Seven hundred fifty dollars for an individual; or

         b.   Ten thousand dollars for any corporation, association, labor union or other legal entity.

   B.   Remedies:

      1.   All remedies provided in this code shall be cumulative and not exclusive;

      2.   The imposition of penalties on any person under this code shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal of such violations;

      3.   If any structure is erected, constructed, reconstructed, altered, maintained or used, or any land is used, in violation of this code, the board of supervisors, the county attorney, the zoning inspector or any adjacent or neighboring property owner who is specially damaged by the violation may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, abate or remove the violation.

(Ord. 1985-188 § 1 (part), 1985)