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Safford City Zoning Code

CHAPTER 17

92. - VIOLATIONS

Sec. 17.92.010. - Violation and penalty.

It is unlawful to erect, construct, reconstruct, alter, maintain or use any structure, or conduct any use, in violation of any provision of this title, and any such violation constitutes a public nuisance.

A.

Any person, firm or corporation convicted of violating any provision of this title, or any part thereof, is guilty of a Class 2 misdemeanor punishable by a fine of not more than $300.00 or by imprisonment in the county jail for a period not to exceed six months.

B.

Each and every day during which an illegal use continues constitutes a separate offense.

C.

All remedies provided herein shall be cumulative and not exclusive. The conviction of any person, firm or corporation hereunder shall not relieve such person, firm or corporation from the responsibility to correct the violation nor prevent the enforcement, correction or removal thereof.

(Code 1999, § 17.92.010; Ord. No. 00-002, § 1(part); Ord. No. 02-003(part); Ord. No. 13-004, 4-8-2013)

State Law reference— Authorized penalty for ordinance violations, A.R.S. §§ 9-240(B)(28), 9-499.01.

Sec. 17.92.020. - Legal procedure.

A.

The zoning administrator shall enforce the provision of this title by means of the following:

1.

Notification to the offending party of the nature and extent of the violation, together with a request for abatement of the violation within a stated period of time;

2.

The withholding of building permits; and

3.

The issuance of a citation and initiation of criminal proceedings.

B.

It shall be the duty of the city attorney and chief of police to join with the zoning administrator in the enforcement of this title and all of its provisions.

C.

Any use of property, erection, building or maintenance of a structure or property improvement, which is contrary to the provisions of this title shall be, and the same is declared, a public nuisance, and the city attorney, upon request of the zoning administrator, request of the city manager, order of the council, or personal initiative, commence all necessary actions or proceedings for the abatement, and removal thereof in the manner provided by law.

(Code 1999, § 17.92.020; Ord. No. 00-002, § 1(part); Ord. No. 02-003(part); Ord. No. 13-004, 4-8-2013)

Sec. 17.92.030. - Inspection.

Subject to constitutional limitations, the zoning administrator, building inspector, or any other enforcement officer may, in the discharge of his or her duties as stated herein, and for good and probable cause, enter any premises, building or structure at any reasonable hour to inspect the same in connection with any investigation or inspection as to whether any portion of such premises, building or structure is being used in violation of this title. In all cases where permission to inspect has been refused, the owner or occupant of any premises sought to be inspected shall be given written notice personally or by registered mail at least 24 hours before such inspection takes place. Every person who denies, prevents, or obstructs access to such premises after receipt of such written notice, or so attempts, shall be considered guilty of a misdemeanor.

(Code 1999, § 17.92.030; Ord. 02-003 § 1(part); Ord. No. 13-004, 4-8-2013)