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Home My WebLink AboutORD1352ORDINANCE NO. 1352 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, _MENDING APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 7,ENFORCEMENT,SECTION 7.0111, PENALTIES;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. WHEREAS,the Mayor and City Council have recently been concerned about criminal enforcement of zoning 'code violations under Volume II, Chapter 1 of the City Code; and WHEREAS, on May 19, 2009, the Mayor and City Council directed staff to prepare code changes which decriminalizes the first three violations of the zoning code within twenty-four (24) months of each other; and WHEREAS, the Mayor and City Council is desirous of imposing civil monetary sanctions for such violations,similar to how violations of the Property Maintenance Code, Volume I, Chapter 9 of the City Code are handled; and WHEREAS, the Mayor and City Council is authorized pursuant to A.R.S.§§9-462.05 and 9-500.21 to decriminalize zoning code provisions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I GENERAL. The Apache Junction City Code,Volume II,Land Development Code, Chapter 1,Zoning Ordinance,Article 7,.Enforcement,Section 7.0111,Penalties is hereby amended to read as follows: - Section 7.0111 Penalties Violations of this Chapter shall be enforced as follows: A.Notice of Violation If, after an inspection and after informal attempts have failed to encourage compliance with this chapter, the City shall serve the owner, owner's Statutory or authorized agent, occupant, lessee or person in control of the property with a Notice of Violation.Such notice shall contain the following: ORDINANCE NO. 1352 PAGE 1 OF 5 1) legal identification of property; 2) statement of violations in sufficient detail to allow an owner or responsible party to identify and correct the problem; 3) the expected compliance deadline of at least twenty-one (21) calendar days from the date of the notice; 4) a reinspection date; 5) address and telephone number of a City representative to contact; 6) a warning that failure to comply may result in the filing of a civil or criminal misdemeanor case, depending on whether this violation is the first, second, third or fourth violation over a twenty-four (24) month consecutive period; 7) a warning that failure to comply may also result in an administrative or court abatement action by the City, which the owner or responible person will be financially liable through a .lien process which may,include foreclosure of the property; 8) appeal rights (Board of Adjustment, the protocol thereunder and required fees). Any notice issued under this chapter shall be deemed effective on the date when written notice is hand -delivered or sent via First Class U.S.certified mail,return receipt requested,to the individuals referenced above.Any recorded notice shall run with the land and shall constitute legal notice for all purposes of this chapter to all parties and entities thereafter acquiring an interest in the property.Officers may use their discretion in granting extensions for compliance with the code, depending on the violators' efforts to date and financial ability to comply. B.Civil/Criminal Citations and Complaints If the owner or other responsible party fails to comply with the Notice of Violation, and fails to appeal the Notice, or loses the appeal hearing and fails to pursue other available appellate courses of action, a civil/criminal action to enforce the provision of this chapter may be commenced and a summons shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and applicable City Ordinances.Jurisdiction of proceedings in this chapter shall be in the Municipal Court of the City of Apache Junction. The City Manager and/or his or her designee shall be responsible for filing civil and criminal citations with the Apache Junction Municipal Court with the following minimum penalties: 1st offense during 24 consecutive month period:Civil Penalty of $250.00 2 'offense during 24 consecutive month period:Civil Penalty of $500.00 ORDINANCE NO. 1352 PAGE 2 OF 5 3rd offense during 24 consecutive month period:Civil Penalty of $750.00 4th offense and subsequent offenses within 24 months of 1st offense:Criminal Fine of $1,000.00,and other criminal penalties as a result of a class one misdemeanor conviction. The 24 -month period shall be calculated from the dates the violations are committed.The owner or responsible party shall receive the progressively higher civil penalty upon a finding of responsibility for any violation of this chapter which was committed within 24 months of the commission of another violation for which the owner or responsible party was found responsible or was convicted.In no event shall the Court reduce the minimum dollar penalties referenced above.The dollar amounts noted above are the fines, exclusive of any other Court imposed penalties.A criminal case shall be filed only after three (3) successive civil violations have been committed within a consecutive 24 month period. Every day any violation of any provision of this chapter continues shall constitute a separate violation or offense.The owner of record,as reflected in the Pinal or Maricopa County Recorder's Office, may be presumed to be a person having lawful control over the building, structure or parcel of land which is the subject of the violation.If more than one person is recorded as the owner of the property, said persons may be jointly and severally presumed to be the persons having lawful control over the building, structure or parcel of land. C.Civil and Criminal Hearing Procedure A person lawfully served with a civil citation or complaint shall appear at the time and place stated in the citation or summons, or may appear prior to the time and admit or deny the allegations of the complaint.Allegations not denied at the time of appearance are deemed admitted.If the allegations are admitted, the Court shall enter judgment for the City and impose the minimum dollar sanction as noted above, exclusive of any additional court fees and costs that the Court may or is obligated to impose.If the defendant denies the allegations, the Court shall set the matter for hearing.Civil hearings are to be held informally and held without a jury, and the City is required to prove the allegations by a preponderance of the evidence.Technical rules of evidence do not apply, except for statutory provisions relating to privileged communications.If the defendant elects to be represented by counsel, the defendant shall so notify the Court at least ten (10) court days prior to the hearing date.Hearings shall be recorded by technological devices,including tape recording or by stenographer.If the Court finds in favor of the defendant, the - Court shall enter an order dismissing the citation or complaint. ORDINANCE NO. 1352 PAGE 3 OF 5 .If the Court finds in favor of the City,the Court shall enter judgment for the City and impose the minimum dollar sanction noted above, plus any additional court fees and costs that the Court is obligated to add, or in the case of a.criminal 'matter, shall order in addition to the mandatory minimum dollar amount as referenced above, other terms including but not limited to up to three years probation,compliance deadlines., .community restitution,up to 6 months jail time, and other reasonable terms as a consequence of a class one misdemeanor conviction. D.Appeal of Civil/Criminal Court Hearing Any party may appeal the judgment of the Municipal Court to the Superior Court under A.R.S.§12-124.Appeals .from civil proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure - Civil.Appeals from criminal proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure - Criminal. SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference is for any reason held to be invalid,pre-empted or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 2.0TH DAY OF OCTOBER , 2009. SIGNED AND ATTESTED TO THIS 20TH DAY OF ORDINANCE NO. 1352 PAGE 4 OF 5 OCTOBER S. INSALACO , 2009. ATTEST: ....-1 2 -//A-....--- -/-_/..y-e,--.101./' KATHLEEN CONNELLY / City Clerk APPROVED AS TO FORM: i°• 7-09 R. JOEL STERN City Attorney ORDINANCE NO. 1352 PAGE 5 OF 5