11-815

11-815. Enforcement; county zoning inspector;
deputies; building permits; violations; classification; civil
penalties; hearing officers and procedures

(Eff. 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. After the establishment and filling of the position, it is 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. A permit is not 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 sections 11-804 and 11-811, 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 thereto and any violation constitutes a public nuisance. Any person, firm or
corporation violating an ordinance, or any part of the 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 a 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 is not 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 pursuant to 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
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 shall be pursuant to title 12, chapter 7, article
6. A county that establishes civil penalties for a 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.