ARTICLE XVI. VIOLATIONS

SECTION 16.1 CIVIL REMEDIES.

As provided for by A.R.S. §48-3613 (D) this State, a political subdivision or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation or obstruction of a watercourse, or the Flood Control District in the case of any violation of this Regulation, has the right to commence, maintain and prosecute any appropriate action or pursue any remedy to enjoin, abate or otherwise prevent any person from violating or continuing to violate this Regulation. If a person is found by the court to be in violation of this Regulation, the court shall require the violator to either comply with this Regulation, if authorized by the Board, or remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation including reasonable costs and attorney fees.

SECTION 16.2 DECLARATION OF PUBLIC NUISANCE; ABATEMENT.

Pursuant to A.R.S. §48-3614 every new structure, building, fill, excavation, or development located or maintained in a floodplain since August 8, 1973 in violation of Title 48, Chapter 21, Article 1 of the Arizona Revised Statutes or this Regulation and without written authorization is a public nuisance per se and may be abated, prevented or restrained by action of the state or any of its political subdivisions.

SECTION 16.3 VIOLATION; CLASSIFICATION.

A.  It is unlawful for a person to engage in any development or to divert, retard or obstruct the flow of waters in a watercourse if it creates a hazard to life or property without securing the written authorization required by A.R.S. § 48-3613. Where the watercourse is a delineated floodplain, it is unlawful to engage in any development affecting the flow of waters without securing written authorization required by A.R.S. § 48-3613.

B.  Any person found guilty of violating any provision of this ordinance shall be guilty of a misdemeanor. Each day that a violation continues shall be a separate offense punishable as hereinabove described.