Tucson City Zoning Code
ARTICLE
10: ENFORCEMENT AND PENALTIES
10.1. PURPOSE
This article is established to provide a clear division of authority in the enforcement of the
and to establish procedures to enforce compliance with the
.
10.2.1. COMPLIANCE REVIEW, PROPOSED DEVELOPMENT
No land may be used or occupied; no
improvement, modification, or construction started; no existing use or expanded, reconstructed, changed, or otherwise altered; and no land may be divided into multiple
until compliance with the provisions of the
has been certified through a zoning review process by PDSD. No
agency may issue a permit for
, grubbing,
, paving, demolition, or construction of any sort before certification of compliance with provisions of the
has been determined by PDSD. In the event a zoning regulation requires interpretation, such interpretation shall be issued by the Zoning Administrator in accordance with Sections 1.5, Interpretations of the .
10.2.2. COMPLIANCE REVIEW, DURING CONSTRUCTION
Monitoring of construction for compliance with plans approved through the zoning review process as required in Section 10.2.1, Compliance Review, Proposed , is the responsibility of PDSD. The PDSD shall monitor the implementation of the proposed
to ensure compliance with the plans approved for zoning compliance. PDSD has the authority to suspend construction when construction does not conform with the plans approved for zoning compliance.
10.2.3. COMPLIANCE REVIEW, EXISTING DEVELOPMENT
Any land used or occupied; any
improvement, modification, or construction started; any existing use or expanded, reconstructed, changed, or otherwise altered; and any land divided into multiple
without certification of compliance with the provisions of the
through a zoning review process is considered a
of the
. Enforcement of
shall be in accordance with Section 10.4, Penalties and Remedies.
10.2.4. COMPLIANCE CERTIFICATION, EXISTING PREMISES
The Zoning Administrator, upon written request, shall issue a written determination on whether an existing use or
was legally established in compliance with zoning regulations at the time the use was established or the was constructed, in accordance with Section 1.5, Interpretations of the .
10.2.5. CONTINUED COMPLIANCE FOR APPROVED SITE PLANS
Once a
is completed, the approved
remains as part of the public record and runs continuously with the land, regardless of ownership.
, removal or modification of
(including
, screening, and parking) shown on the plan, or additions made without going through the
process for approval for a change in the approved
constitute a zoning
.
10.2.6. REVOCATION OF ZONING COMPLIANCE APPROVAL
Continued operation of a activity for which a zoning compliance certificate or approval has been revoked constitutes a
of the
and shall be pursued in accordance with Section 10.4, Penalties and Remedies.
10.3.1. VIOLATION DECLARED CIVIL INFRACTION
It is a civil infraction for any
, firm, or corporation to violate, disobey, omit, neglect, refuse to comply with, or to resist the enforcement of any of the provisions of the
. Each day that such
constitutes a separate infraction.
10.3.2. VIOLATION OF A BOARD OF ADJUSTMENT (B/A) DECISION
Failure to comply with the requirements or conditions of approval from the B/A shall constitute a
of the
.
10.3.3. VIOLATION OF REZONING CONDITION
Failure to comply with the requirements or conditions of approval on a rezoning ordinance adopted by the Mayor and Council constitutes a
of the
.
10.3.4. VIOLATION OF CONDITIONS OF APPROVAL
Failure to comply with the requirements or conditions of approval on any of the various zoning compliance procedures as provided by the
, such as, but not limited to, Special Exception, Design Development Option, Temporary Use, or
procedures, constitutes a
of the
.
10.3.5. VIOLATION OF A SITE PLAN
Failure to comply with conditions placed on an approved
shall constitute a
of the
.
10.3.6. VIOLATION OF PLAT CONDITION
Failure to comply with the
conditions and requirements of a tentative or final , as approved, shall constitute a
of the
.
10.3.7. SIGN VIOLATIONS, ENFORCEMENT, PENALTIES
A.
a Public
If any
erects, alters, relocates or maintains a sign in
of the provisions of the sign
, it is declared a public
, and the City Attorney is authorized to bring an action in a court of competent jurisdiction to enjoin such
from continuing the
.
B.
Declared a Civil Infraction
It shall be a civil infraction for any
to violate any of the provisions of the sign
.
C. Abandoned and Discontinued Signs; Obsolete Sign Copy
1. Nonconforming Signs
Any nonconforming sign or nonconforming sign
that is either discontinued for a period of six months or abandoned shall be removed by the owner of the sign or owner of the premises.
2.
on either a nonconforming or conforming sign shall be removed by the owner of the sign or owner of the premises.
shall be removed by replacing the sign face with a blank face, replacing the
with copy that is not obsolete, or removing the sign
.
3. Determination of Discontinuance
Recording of determination of discontinued nonconforming sign. The zoning administrator or designee may send notice by certified or registered mail or hand delivery to the record owner or occupier of the property to abate a
of this section, directing abatement within 30
from the date the notice was mailed or delivered. In making a determination that a sign or sign
is either abandoned or discontinued, or that sign copy is obsolete, the zoning administrator may consider:
a. Whether the property on which the sign is located is vacant or unoccupied;
b. The length of time the property is vacant or unoccupied;
c. The condition of the property;
d. The status of any business licenses, permits, or certificates of occupancy;
e. Utility records for the property;
f. Any acts taken by any
with respect to the property; and
g. Any other factor the zoning administrator considers relevant to this determination.
4. Temporary Signs
Temporary signs shall be deemed discontinued when the time, event or purpose to which the sign pertains has passed or otherwise no longer applies, and shall be removed as directed in a written notification by the zoning administrator.
D. Illegal Signs
Illegal signs are those that do not meet the requirements of the sign
and that have not received nonconforming status.
E. Removal of Abandoned, Prohibited and Illegal Signs by the Zoning Administrator
The zoning administrator shall enforce the sign
in accordance with one or more of the following procedures:
1. Administrative Enforcement
a. For an abandoned or discontinued sign, the zoning administrator or designee may send notice by certified or registered mail or hand delivery to the record owner or occupier of the property to abate the
within 30
from the date the notice was mailed or delivered.
b. For a prohibited or illegal sign, the zoning administrator or designee may send notice by certified or registered mail or hand delivery to the record owner or occupier of the property to abate the
within five
from the date the notice was mailed or delivered.
c. The zoning administrator shall specify in the notice the nature of the complaint and penalties and abatement remedies for the
. Abatement remedies shall consist of one or both of the following remedies:
(1) Removal of the sign; or
(2) Obtaining the required permits and bringing the sign into compliance with the sign
.
2. Summary Abatement
The zoning administrator or designee may immediately remove any dangerous sign or sign that creates an imminent threat to public safety. The zoning administrator may immediately remove any prohibited sign or illegal sign that is located within the public
. Illegal signs located within the public
are hereby determined to create an imminent threat to public safety.
3. Civil Citation
The zoning administrator or designee may issue or cause to be issued a civil citation or civil complaint to any
violating the provisions of the sign
.
F. Administrative Appeal
Review of decisions of the zoning administrator may be taken in the following ways:
1. Appeal of decisions of the zoning administrator relating to the sign
and requests for variances shall be made pursuant to
.
2. Proceedings involving the removal of illegal, abandoned or prohibited signs shall be conducted pursuant to this article.
3. In all other cases and whenever a
of any of the technical codes or this article is determined, whether during the construction or plan review stage, and the applicant wishes to appeal the decision of the staff because of code interpretations, unreasonable hardship or other acceptable reasons, an appeal may be made to the zoning administrator pursuant to the provisions of the applicable code.
G. Penalty
1. Any found responsible for a of the sign shall be guilty of a civil infraction and punished in accordance with the provisions outlined in Chapter 8 of the Tucson Code (City Court). If there is any conflict between the procedures of this section and the general procedures of Chapter 8, this section is controlling.
2. Upon a finding of responsibility, the magistrate shall impose the penalties (fine and abatement) provided under the Chapter 8 of the Tucson Code (City Court - Penalties). Upon expiration of the abatement time, the magistrate shall order the
to abate the in accordance with the provisions set forth in section below.
3. Except where prohibited by law, each day the
continues shall constitute a separate offense.
H. Abatement by the
After Court Order
1. Pursuant to the summary abatement provisions or after entry of a court order directing removal of an offending sign, the or its agents may enter upon the property and cause the offending sign to be removed at the expense of the owner, tenant, lessee or occupant either jointly or severally.
2. A verified statement of the costs or expense shall be sent by certified or registered mail to the last known address of the record owner and to the lessee, tenant or occupant. The record owner or the lessee shall be liable jointly or severally for the payment of said cost or expense.
3. The payment for costs or expenses shall be in addition to any civil penalty imposed pursuant to Chapter 8 of the Tucson Code (City Court).
(Ord. 11508, 12/5/2017)
10.4.1. ACTIONS BY THE ZONING ADMINISTRATOR
The Zoning Administrator with assistance from the HCDD may take any of the following actions to ensure enforcement of the
and any condition placed on
of a property due to an administrative or legislative decision or action by a City Review Authority described in Article 2 of the
:
A. Conduct an investigation of any
with the express permission of the owner or tenant. If the owner or tenant refuses permission to conduct the investigation, the Zoning Administrator shall issue a citation pursuant to Chapter 11, Art. VI of the Tucson Code, based on the testimony of the complainant;
B. Serve written notice upon the owner, agent, or tenant of the property, who is the subject of the
, requiring cessation or correction of the
;
C. Issue a citation pursuant to Chapter 8 of the Tucson Code;
D. Report
to the City Attorney as appropriate;
E. Report
to the Planning and Development Services Department (PDSD)
as appropriate; or,
F. Take such further action as deemed appropriate to assure compliance.
10.4.2. ACTION BY THE CITY ATTORNEY
If any property or improvement thereon is used in
of the provisions of the
, the City Attorney, in addition to other remedies, may institute any appropriate action or proceeding to:
A. Restrain, correct, or abate such
;
B. Prevent the occupancy of such
, , or land; or,
C. Prevent any additional
arising from further conduct, business, or use, in or about such premises.
10.4.3. ACTION BY THE PDSD DIRECTOR
The PDSD
has the authority to disconnect or order utility companies to disconnect utility services to the premises involved in a
until compliance is met, subject to the following:
A. No such action by the PDSD
may be taken until ten
after receipt by the tenant or by the owner of the premises of written notice of intent to take action;
B. If a written request for review of the matter is received within ten
of receipt of the notice of intent, the action by the PDSD
is stayed until a hearing thereon by the Board of Adjustment (B/A) or hearing as required by Chapter 8 of the Tucson Code is held; and,
C. This provision does not preclude the use of any other enforcement method provided in the Tucson Code or the Arizona Revised Statutes.
10.4.4. ADDITIONAL PENALTIES FOR UNAUTHORIZED DEMOLITION OF HISTORIC STRUCTURES
Penalties for the unauthorized demolition of historic
are in accordance with Section 5.8.10.E.9.
10.4.5. PENALTIES FOR VIOLATION OF NATIVE PLANT PRESERVATION STANDARDS
A. Fines
Any
who, individually or through the acts of another
, intentionally or negligently damages, destroys, or removes from the
any
, except as authorized by an approved
, is subject to the following:
1. A fine as determined for the damage, destruction, or removal from the
of each
based upon the following schedule:
a. For each viable Saguaro: a minimum of $200 per foot of main trunk and $200 per foot of each arm with a maximum not to exceed $2,500 per Saguaro;
b. For each viable protected native tree or shrub: a minimum of $300 per
inch measured at six inches for single-trunked specimens and 12 inches for multi-trunked specimens above
level at the base of the tree with a maximum not to exceed $2,500 per tree or shrub; or,
c. For all other viable protected native cacti or succulents: a minimum of $300 per specimen with a maximum not to exceed $2,500 per cactus.
2. A fine of not less than $500 nor more than $2,500 if plant materials are
, destroyed, or removed from the
prior to approval of a
.
B. Additional Penalties
Any
who, individually or through the acts of another
, intentionally or negligently damages, destroys, or removes from the
any
, except as authorized by an approved
, may be subject to one or more of the following, in addition to any fines imposed in accordance with Section 10.4.5.A:
1.
in accordance with Section 7.7.5, Plant Preservation Standards, and any supplemental determined to be appropriate to restore the natural habitat and
which have been , destroyed, or removed from the ;
2. Supplemental maintenance and monitoring requirements for
following the final inspection performed on the
for a period not to exceed eight years;
3. Revocation of zoning compliance for any
permits which have been issued for the
; or,
4. Immediate suspension by the PDSD
of any permits issued by the
for
of the property. Any such suspension shall remain in effect until permits expire unless the
in a manner which is satisfactory to the PDSD
. The decision by the PDSD
to suspend any permit, or to reject a proposal to provide the
necessary for the reinstatement of the permits, shall be appealable pursuant to PDSD’s established procedures.
C. Recording of Permit Suspension or Revocation
Where any permit issued by the
is suspended until its expiration pursuant to Section 10.4.5.B.4, no new permit may be issued for the property until any fines issued pursuant to Section 10.4.5.A have been fully paid and all
required pursuant to Section 10.4.5.B.1 has been fully performed. A notice of this requirement for the issuance of any future
permit on the property shall be recorded on the property by the PDSD
with the Pima County Recorder.