160.- ENFORCEMENT
For the purpose of the enforcement of this title, there is hereby created the position of county zoning inspector and such deputy zoning inspectors as may be required, who shall be appointed by the board of supervisors and shall have the same status as any other employee of the county.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2701)
A.
It shall be the duty of the county zoning inspector, and all county departments, officials and public employees vested with the duty or authority to issue zoning clearance, permits or licenses, to enforce the provisions of this title and issue no such zoning clearance, license or permit for uses, buildings or purposes where the same would be in conflict with the regulations/provisions of this title and any such zoning clearance, license or permit, if issued in conflict with the provisions of this title, shall be null and void.
B.
From and after the effective date of the ordinance codified in this title, it shall be unlawful to erect, construct, reconstruct, alter or use any building or structure within any portion of the unincorporated area of the county covered by this title without first obtaining a zoning clearance and/or building permit. If a permit is not required, all other regulations/provisions of this title shall be observed.
C.
Obtaining a zoning clearance is part of the county's permitting process and is the first step of the application process to obtain a building permit (including an installation permit). If a building or installation permit is not required, a zoning clearance is still required for the land use and all other regulations/provisions of this title shall be observed.
D.
No building permit shall be required for repairs or improvements of a value not exceeding $500.00.
E.
It is unlawful to use any land within any portion of the unincorporated area of the county without obtaining a zoning clearance.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, §§ 2702, 2703)
An installation permit for a manufactured home is considered a type of building permit and an installation permit is required to establish an individual manufactured home on a site with the exception of an unoccupied manufactured home used for display purposes on a manufactured home sales lot. References in this title to building permits include installation permits.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14)
A.
The applicant for a zoning clearance and/or county permit dealing with land use shall provide the zoning inspector with sufficient information regarding the proposed construction and/or use for the interpretation and enforcement of the regulations/provisions of this title and for the guidance and assistance of the county officials, county departments, county employees and any other public agency in the discharge of their regularly prescribed duties. Required information shall include a site plan (for nonresidential developments see chapter 2.200 PCDSC) and such other information as the zoning inspector may require for the purpose of determining whether said permit may be issued under the terms of this title.
B.
The application requirements and any time limits for industrial use permits, special use permits, special density permits, temporary use permits and special event permits are addressed in other chapters of this title.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2704)
A fee schedule may be adopted by the supervisors to cover expenses for issuance of permits to erect, construct, reconstruct, alter or change the use of any building or other structure within any portion of the unincorporated area of the county covered by this title, for any application or process required by this title, and for services provided under this title and for products, such as but not limited to, copies of this title, county manuals, policies and zoning maps. Such a fee schedule will be identified as the Pinal County planning and development services fee schedule. The supervisors may revise the fee schedule as needed to keep current with rising expenses for processing permits and applications required by this title and providing services and products. The adoption or revision of a fee schedule shall not effect any change in the title itself.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2705)
As part of the zoning clearance and/or permit application process, the zoning inspector and applicable county departments shall review all land uses and improvements of real property to determine if the proposed land use and/or improvements will be in compliance with this title.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14)
Incorrect information or statements or information omitted by applicant that might alter the conditions on any zoning clearance, permit, variance, or change that is being considered or that has been approved is sufficient basis for termination of any proceedings in progress or to declare an issued zoning clearance, issued permit or approved variance or change null and void.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14)
An electronic copy of an issued building permit shall be transmitted to the county assessor and the director of the Arizona Department of Revenue. The permit copy shall contain the permit number, the issue date and the parcel number for which the permit is used. Upon issuance of a certificate of occupancy or issuance of a certificate of completion or upon the expiration or cancellation of the permit, the county assessor and the Arizona Department of Revenue shall be notified in writing, which includes electronic format, of the permit number, parcel number, issue date and completion date or cancellation or expiration date.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2708)
A.
The issuance or granting of a zoning clearance and/or building or use permit or approval of plans or specifications under the authority of this title shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this title or the amendments thereto, or of any other ordinance or law.
B.
It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of any regulation/provision of this title.
C.
It is unlawful to erect, construct, move, alter or change the use of any building or structure within any portion of the unincorporated area of the county if the permit issued for such use or activity has expired by limitation or been revoked or declared null and void.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2709)
It shall be the duty of the zoning inspector, sheriff of Pinal County and of all officers of said county otherwise charged with the enforcement of the law to enforce this title and all of the regulations/provisions of the same.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2711. Formerly 2.160.110)
This title may be enforced by means of the following:
A.
By withholding a zoning clearance and/or building permit.
B.
By an administrative hearing process or a judicial process pursuant to A.R.S. title 11, ch. 6 (A.R.S. § 11-801 et seq.).
C.
The initiation of either criminal proceedings or civil proceedings.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14)
It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of this title and any such violation constitutes a public nuisance.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2712)
Any person, firm or corporation, whether as principal, owner, agent, tenant, employee or otherwise, who violates any provisions of this title or violates or fails to comply with any order or regulation made hereunder is guilty of a Class 2 misdemeanor pursuant to A.R.S. § 11-808. Each and every day during which the illegal activity, use or violation continues is a separate offense.
(Ord. No. 61862, § 2713)
Any person, firm or corporation, whether as principal, owner, agent, tenant, employee or otherwise, who violates any provisions of this title shall be subject to a civil penalty. Each day of a continuing violation is a separate violation for the purpose of imposing a separate penalty. The civil penalty for violations of this title shall be established by separate resolution of the board of supervisors, but shall not exceed $750.00 for an individual, or $10,000.00 for an enterprise. "Enterprise" shall be defined pursuant to A.R.S. § 13-105.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2714)
An alleged violator who is served with notice of violation subject to a civil penalty shall not be subject to a criminal prosecution for the same factual situation. However, all other remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or to remove prohibited buildings, structures, or improvements nor prevent the enforcement, correction or removal thereof. In addition to the other remedies provided in this chapter, the board of supervisors, the county attorney, the zoning inspector, or any adjacent or neighboring property owner who shall be especially damaged by the violation of any provision of this title, may institute, in addition to the other remedies provided by law, injunction, mandamus, abatement or any other appropriate action, proceeding or proceedings to prevent or abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2715)
As authorized by A.R.S. title 11, ch. 6 (A.R.S. § 11-801 et seq.), the positions of hearing officers are hereby established to hear and determine violations to this title.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14)
160.- ENFORCEMENT
For the purpose of the enforcement of this title, there is hereby created the position of county zoning inspector and such deputy zoning inspectors as may be required, who shall be appointed by the board of supervisors and shall have the same status as any other employee of the county.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2701)
A.
It shall be the duty of the county zoning inspector, and all county departments, officials and public employees vested with the duty or authority to issue zoning clearance, permits or licenses, to enforce the provisions of this title and issue no such zoning clearance, license or permit for uses, buildings or purposes where the same would be in conflict with the regulations/provisions of this title and any such zoning clearance, license or permit, if issued in conflict with the provisions of this title, shall be null and void.
B.
From and after the effective date of the ordinance codified in this title, it shall be unlawful to erect, construct, reconstruct, alter or use any building or structure within any portion of the unincorporated area of the county covered by this title without first obtaining a zoning clearance and/or building permit. If a permit is not required, all other regulations/provisions of this title shall be observed.
C.
Obtaining a zoning clearance is part of the county's permitting process and is the first step of the application process to obtain a building permit (including an installation permit). If a building or installation permit is not required, a zoning clearance is still required for the land use and all other regulations/provisions of this title shall be observed.
D.
No building permit shall be required for repairs or improvements of a value not exceeding $500.00.
E.
It is unlawful to use any land within any portion of the unincorporated area of the county without obtaining a zoning clearance.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, §§ 2702, 2703)
An installation permit for a manufactured home is considered a type of building permit and an installation permit is required to establish an individual manufactured home on a site with the exception of an unoccupied manufactured home used for display purposes on a manufactured home sales lot. References in this title to building permits include installation permits.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14)
A.
The applicant for a zoning clearance and/or county permit dealing with land use shall provide the zoning inspector with sufficient information regarding the proposed construction and/or use for the interpretation and enforcement of the regulations/provisions of this title and for the guidance and assistance of the county officials, county departments, county employees and any other public agency in the discharge of their regularly prescribed duties. Required information shall include a site plan (for nonresidential developments see chapter 2.200 PCDSC) and such other information as the zoning inspector may require for the purpose of determining whether said permit may be issued under the terms of this title.
B.
The application requirements and any time limits for industrial use permits, special use permits, special density permits, temporary use permits and special event permits are addressed in other chapters of this title.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2704)
A fee schedule may be adopted by the supervisors to cover expenses for issuance of permits to erect, construct, reconstruct, alter or change the use of any building or other structure within any portion of the unincorporated area of the county covered by this title, for any application or process required by this title, and for services provided under this title and for products, such as but not limited to, copies of this title, county manuals, policies and zoning maps. Such a fee schedule will be identified as the Pinal County planning and development services fee schedule. The supervisors may revise the fee schedule as needed to keep current with rising expenses for processing permits and applications required by this title and providing services and products. The adoption or revision of a fee schedule shall not effect any change in the title itself.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2705)
As part of the zoning clearance and/or permit application process, the zoning inspector and applicable county departments shall review all land uses and improvements of real property to determine if the proposed land use and/or improvements will be in compliance with this title.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14)
Incorrect information or statements or information omitted by applicant that might alter the conditions on any zoning clearance, permit, variance, or change that is being considered or that has been approved is sufficient basis for termination of any proceedings in progress or to declare an issued zoning clearance, issued permit or approved variance or change null and void.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14)
An electronic copy of an issued building permit shall be transmitted to the county assessor and the director of the Arizona Department of Revenue. The permit copy shall contain the permit number, the issue date and the parcel number for which the permit is used. Upon issuance of a certificate of occupancy or issuance of a certificate of completion or upon the expiration or cancellation of the permit, the county assessor and the Arizona Department of Revenue shall be notified in writing, which includes electronic format, of the permit number, parcel number, issue date and completion date or cancellation or expiration date.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2708)
A.
The issuance or granting of a zoning clearance and/or building or use permit or approval of plans or specifications under the authority of this title shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this title or the amendments thereto, or of any other ordinance or law.
B.
It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of any regulation/provision of this title.
C.
It is unlawful to erect, construct, move, alter or change the use of any building or structure within any portion of the unincorporated area of the county if the permit issued for such use or activity has expired by limitation or been revoked or declared null and void.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2709)
It shall be the duty of the zoning inspector, sheriff of Pinal County and of all officers of said county otherwise charged with the enforcement of the law to enforce this title and all of the regulations/provisions of the same.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2711. Formerly 2.160.110)
This title may be enforced by means of the following:
A.
By withholding a zoning clearance and/or building permit.
B.
By an administrative hearing process or a judicial process pursuant to A.R.S. title 11, ch. 6 (A.R.S. § 11-801 et seq.).
C.
The initiation of either criminal proceedings or civil proceedings.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14)
It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of this title and any such violation constitutes a public nuisance.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2712)
Any person, firm or corporation, whether as principal, owner, agent, tenant, employee or otherwise, who violates any provisions of this title or violates or fails to comply with any order or regulation made hereunder is guilty of a Class 2 misdemeanor pursuant to A.R.S. § 11-808. Each and every day during which the illegal activity, use or violation continues is a separate offense.
(Ord. No. 61862, § 2713)
Any person, firm or corporation, whether as principal, owner, agent, tenant, employee or otherwise, who violates any provisions of this title shall be subject to a civil penalty. Each day of a continuing violation is a separate violation for the purpose of imposing a separate penalty. The civil penalty for violations of this title shall be established by separate resolution of the board of supervisors, but shall not exceed $750.00 for an individual, or $10,000.00 for an enterprise. "Enterprise" shall be defined pursuant to A.R.S. § 13-105.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2714)
An alleged violator who is served with notice of violation subject to a civil penalty shall not be subject to a criminal prosecution for the same factual situation. However, all other remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or to remove prohibited buildings, structures, or improvements nor prevent the enforcement, correction or removal thereof. In addition to the other remedies provided in this chapter, the board of supervisors, the county attorney, the zoning inspector, or any adjacent or neighboring property owner who shall be especially damaged by the violation of any provision of this title, may institute, in addition to the other remedies provided by law, injunction, mandamus, abatement or any other appropriate action, proceeding or proceedings to prevent or abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14; Ord. No. 61862, § 2715)
As authorized by A.R.S. title 11, ch. 6 (A.R.S. § 11-801 et seq.), the positions of hearing officers are hereby established to hear and determine violations to this title.
(Ord. No. 011812-ZO-PZ-C-007-10, § 14)