11-808. Enforcement; county zoning inspector;
deputies; building permits; violations; classification; civil
penalties; hearing officers and procedures
(L10, Ch. 319, sec. 3. Rpld. 10/1/11)
A. The county zoning ordinance shall provide for its enforcement within a zoned
territory by means of withholding building permits, and for such purposes may establish
the position of county zoning inspector, and such deputy inspectors as may be required,
who shall be appointed by the board.
B. From and after the establishment and filling of the position, it shall be
unlawful to erect, construct, reconstruct, alter or use any building or other structure
within a zoning district covered by the ordinance without first obtaining a building
permit from the inspector and for that purpose the applicant shall provide the zoning
inspector with a sketch of the proposed construction containing sufficient information
for the enforcement of the zoning ordinance. No permit shall be required for repairs or
improvements of a value not exceeding five hundred dollars. Reasonable fees may be
charged for the issuance of a permit. The inspector shall recognize the limitations
placed on the inspector's authority by section 11-821, and shall issue the permit when it
appears that the proposed erection, construction, reconstruction, alteration or use fully
conforms to the zoning ordinance. In any other case the inspector shall withhold the
permit.
C. It is unlawful to erect, construct, reconstruct, maintain or use any land in any
zoning district in violation of any regulation or any provision of any ordinance
pertaining to the land and any such violation constitutes a public nuisance. Any person,
firm or corporation violating such an ordinance, or any part of an ordinance, is guilty
of a class 2 misdemeanor. Each day during which the illegal erection, construction,
reconstruction, alteration, maintenance or use continues is a separate offense.
D. A county may establish civil penalties for violation of any zoning regulation or
ordinance. Civil penalties shall not exceed the amount of the maximum fine for a class 2
misdemeanor. Each day of continuance of the violation constitutes a separate
violation. If an alleged violator is served with a notice of violation pursuant to
subsection E of this section, the alleged violator shall not be subject to a criminal
charge arising out of the same facts.
E. A county that establishes a civil penalty for violation of a zoning regulation
or ordinance may appoint hearing officers to hear and determine zoning violations. If
the zoning inspector reports a zoning violation to the hearing officer, the hearing
officer shall hold a hearing after serving notice of the hearing on the alleged
violator. The notice shall be personally served on the alleged violator by the zoning
inspector at least five days before the hearing. If the zoning inspector is unable to
personally serve the notice, the notice may be served in the same manner prescribed for
alternative methods of service by the Arizona rules of civil procedure. A notice served
on the alleged violator other than by personal service shall be served at least thirty
days before the hearing.
F. At the hearing, the zoning inspector shall present evidence showing the
existence of a zoning violation and the alleged violator or the alleged violator's
attorney or other designated representative shall be given a reasonable opportunity to
present evidence. The county attorney may present evidence on behalf of the zoning
inspector. At the conclusion of the hearing the hearing officer shall determine whether
a zoning violation exists and, if a violation is found to exist, may impose civil
penalties in accordance with subsection D of this section.
G. A hearing officer may be an employee of the county and shall be appointed by the
board of supervisors. A review of decisions of the hearing officer by the board of
supervisors shall be available to any party to the hearing. The board of supervisors may
delegate this review to a county board of adjustment. If the board of supervisors elects
to delegate this review, the board of supervisors shall delegate all requested reviews to
the board of adjustment. The board of supervisors shall adopt written rules of procedure
for the hearing and review of hearings, which shall be adopted in the same manner as
zoning ordinances. Judicial review of the final decisions of the board of supervisors or
a board of adjustment shall be pursuant to title 12, chapter 7, article 6. A county that
establishes civil penalties for violation of a zoning regulation or ordinance is not
precluded from pursuing the remedies as provided for in subsection H of this section.
H. If any building or structure is or is proposed to be erected, constructed,
reconstructed, altered, maintained or used or any land is or is proposed to be used in
violation of this chapter or any ordinance, regulation or provision enacted or adopted by
the board under the authority granted by this chapter, the board, the county attorney,
the inspector or any adjacent or neighboring property owner who is specially damaged by
the violation, in addition to the other remedies provided by law, may institute
injunction, mandamus, abatement or any other appropriate action or proceedings to prevent
or abate or remove the unlawful erection, construction, reconstruction, alteration,
maintenance or use.
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