A.   Violations: When any structure, or parcel of land regulated by this Ordinance is being used contrary to this Ordinance, the Town may order such use discontinued, or such structure removed or restored, or the land, or portion thereof vacated by notice served on any person causing the violation. Such person shall eliminate the violation within the time prescribed by the Town after receipt of such notice, and bring the structure, parcel of land, or portion thereof, into conformance with the requirements of this Ordinance. Failure to comply fully with the conditions of approval of any permit is a violation of this Ordinance.

   B.   Site Inspections: The Town Manager, in the discharge of his duties, and for good or probable cause, may enter any premise, building, or structure at any reasonable hour to inspect the same in connection with any application made under this Ordinance, or for any investigation or inspection as to whether or not any portion of such premises, building, or structure is being used in violation of this Ordinance. Written notice served on the owner or occupant of any premises sought to be inspected at least twenty four (24) hours before such inspection takes place, shall be given in all cases in which permission to inspect has been refused. Every person who, after the receipt of such notice, denies or prevents, obstructs, or attempts to deny, prevent, or obstruct access to such premises is guilty of a Class One misdemeanor, subject to penalty as provided in Section 1-4-1 of this Code.

   C.   Town Manager: The Town Manager is charged with enforcement of the provisions of this Ordinance. (Ord. 132, 6-10-1997)

   A.   Public Hearings: Any permit for which a public hearing is required will be noticed in accordance with Arizona Revised Statutes, section 9-462.04. The applicant, or their representative are to be present at the public hearing or meeting in which their permit is considered.

   B.   Decision Making And Appeals:

      1.   General: All appeals will be considered by the agency to which they have been appealed at a public hearing. The agency to which a decision has been appealed, may either:

         a.   Uphold the decision.

         b.   Reverse the decision.

         c.   Modify the decision.

         d.   Refer the decision back to its author for reconsideration.

      2.   Appeal Hierarchy: Where decisions are appealed by any member of the Town Council, the Planning and Zoning Commission, Town staff; or by any individual, it shall be done by filing a written notice of appeal with the Town Manager in which the following rules shall apply:

         a.   Decisions of the Town Manager may be appealed to the Planning and Zoning Commission; and decisions of the Planning and Zoning Commission may be appealed to the Town Council.

         b.   Any member of the Planning and Zoning Commission may appeal a decision of the Town Manager to the Planning and Zoning Commission; and any member of the Town Council may appeal any decision of the Planning and Zoning Commission to the Town Council.

         c.   Decisions of the Town Manager when acting as the Hearing Officer may be appealed to the Board of Adjustment. Any member of the Board of Adjustment may appeal a decision of the Manager/Hearing Officer to the Board of Adjustment.

      3.   Time Limit: Appeals will only be considered if they are filed within ten (10) working days after the decision to be appealed was made. Decisions are final after the ten (10) day appeal period has passed, if no appeal has been filed.

      4.   Stay Of Proceedings: An appeal suspends the action taken and stays all proceedings in the matter, unless the Town certifies that a stay would cause imminent peril to life or property. Upon such certification, proceedings shall not be stayed except by restraining order as injunctive relief granted by a court of record on application and notice to the Town. Proceedings shall not be stayed if the appeal requests relief which has been previously denied, except pursuant to a special action in Superior Court.

      5.   Referrals: At the Town Manager's discretion, any matter being considered for action by the Town Manager may be referred to the Planning and Zoning Commission for decision.

   C.   Permit Issuance And Expiration:

      1.   Application Acceptance: No application for any permit pursuant to this Ordinance may be accepted which is not complete, legible, and accompanied by the required fee. Permit applications may only be submitted by property owners or their authorized representatives. The Town Manager may require any of the following as proof of ownership/agency prior to accepting a permit application:

         a.   A copy of a title report issued not more than thirty (30) days prior to the date of submittal by a title company authorized to do business in the State.

         b.   Proof of agency, if the land is owned by a corporation, in the form of a corporate resolution certified by the secretary of the corporation and authenticated by the corporate seal, or acknowledged in the form prescribed by Arizona Revised Statutes, section 33-506.2, designating the applicant to act as an agent.

         c.   Proof of agency, if the land is owned by a partnership, in the form of a written document from the partners designating the applicant to act as agent, certified and acknowledged as prescribed in Arizona Revised Statues, section 33-506.

         d.   Proof of agency, if the land is owned by an individual other than the applicant, certified and acknowledged as prescribed in Arizona Revised Statutes, section 33-506.1.

      2.   Zoning Clearance Required: No building or other permit required by this Ordinance shall be issued without a zoning clearance.

      3.   Expiration Or Cancellation: Any permit issued under this Ordinance expires after one year, or other time period specified at issuance, unless the use or structure authorized by the permit is established prior to that time; or, unless an extension is granted by the issuing authority before expiration. (Ord. 132, 6-10-1997; amd. Res. 2023-01, 3-7-2023)

   A.   Fines; Imprisonment: Any person, whether as principal, owner, agent, tenant, employee, or otherwise found violating any provision of this Ordinance, or violating or failing to comply with any order or regulation made hereunder, shall be guilty of a Class One misdemeanor, and upon conviction thereof may be punished by a fine, and/or imprisonment as prescribed by law for such a violation. Such person, shall be deemed guilty of a separate offense for each and every day during which any such violation or failure to comply with these regulations is committed, continued, or permitted.

   B.   Prosecution: Any building, structure, or improvement set up, erected, built or maintained, any fill, excavation, or development, or any use of property contrary to the provisions of this Ordinance shall be and the same is hereby declared to be unlawful and a public nuisance per se. The Town Attorney may, upon order of the Town Council, directed by the Town Manager, or on his own initiative, immediately upon discovery of such public nuisance, commence all necessary actions or proceedings for the abatement, enjoinment, and removal thereof in the manner provided by law; and may take such other lawful steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate, enjoin, and remove such building or use and restrain and enjoin any person from setting up, erecting, building, moving, or maintaining any such building or using any property contrary to the provisions of this Ordinance or otherwise violating this Ordinance.

   C.   Exclusivity: All misdemeanors provided for herein shall be cumulative and exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or to remove buildings, structures, or improvements, nor prevent the enforcement, correction, or removal thereof. (Ord. 132, 6-10-1997)