Chapter 3.65
ENFORCEMENT, VIOLATIONS AND REMEDIES

Sections:

3.65.010    Purpose.

3.65.020    Enforcement.

3.65.030    Violations.

3.65.040    Penalty.

3.65.050    Remedies.

3.65.060    Legal procedures.

3.65.010 Purpose.

The purpose of this chapter is to set out the procedures and parties responsible for enforcement of these regulations, along with the penalties and remedies for violations. [Ord. 120606-SR § 1301].

3.65.020 Enforcement.

A.  The board of supervisors, county attorney, county sheriff, planning director, county building official, county recorder and all officials charged with the issuance of licenses or permits shall enforce the provisions of these regulations. Any permit, certificate or license issued in conflict with the provisions of these regulations shall be void.

B.  Any apparent violations of these regulations shall be brought to the attention of the county attorney for appropriate legal action. [Ord. 120606-SR § 1302].

3.65.030 Violations.

A.  No person, firm, corporation, or other legal entity shall, for the purpose of circumventing any of these regulations, or otherwise, hereafter transfer, sell, offer to sell, or divide any lot, piece, or parcel of land which constitutes a subdivision or part thereof, as defined herein, or file a record of survey, map or plat for recording without first having a final plat thereof approved by the board and recorded in accordance with these regulations. Nothing contained in these regulations shall be construed as releasing a subdivider from full compliance with the Arizona Revised Statutes and the rules and regulations of the Arizona Real Estate Department pertaining to the establishment of subdivisions.

B.  No person, firm, corporation, or other legal entity shall take any action regarding a subdivision, developed under these regulations, that violates any provision of these regulations. [Ord. 120606-SR § 1303].

3.65.040 Penalty.

Any person causing a final plat to be recorded without first submitting the plat and obtaining approval of the board shall be guilty of a Class 2 misdemeanor pursuant to ARS 11-806.01(C). In addition, notification of the violation shall be transmitted to the State Real Estate Department by the planning director. Any person, firm, corporation, or other legal entity who violates any provision of these regulations shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $750.00 or by imprisonment in the county jail for not more than 120 days, or by both such fine and imprisonment, for each offense. Each and every day during which the violation continues is a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirements of these regulations. [Ord. 120606-SR § 1304].

3.65.050 Remedies.

A.  If any land is subdivided in violation of these regulations, the board, the county attorney, the planning director or any adjacent or neighboring property owner who is specially damaged by the violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent such violation or attempted violation and to restrain, correct or abate such violation or attempted violation, or to prevent or abate or remove any such unlawful action, construction, alteration, or use which constitutes a violation.

B.  All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or prohibit the enforcement, correction or removal thereof. [Ord. 120606-SR § 1305].

3.65.060 Legal procedures.

Any use or development of property contrary to the provisions of these regulations is hereby declared to be unlawful, against the public safety and welfare, and a public nuisance and the county attorney shall, upon order of the board of supervisors, or on his own initiative, immediately commence all necessary actions or proceedings for the abatement, enjoinment and removal thereof in the manner provided by law, shall take such other lawful steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate, enjoin and restrain any person, firm, or corporation from setting up, developing, erecting, building, moving, or maintaining any such building or using any property contrary to the provisions of these subdivision regulations, or otherwise violating these regulations. [Ord. 120606-SR § 1306].