ARTICLE 1-8
Penalty

Section

1-8-1    Penalty

1-8-2    Collections

1-8-1 PENALTY.

(A) Any person found guilty of violating any provisions of this code, except as otherwise provided in this code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $2,500 for an individual and not more than $20,000 for an enterprise or by imprisonment for a period of not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. The term ENTERPRISE as used in this subsection shall mean any corporation, partnership, association, labor union or other entity or any group of persons associated in part although not a legal entity.

(Am. Ord. 92-450, passed 1-14-1992)

(B) Any violation of or failure or refusal to do or perform any act required by Chapter 13 of this code constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of A.R.S. Title 28, Chapter 6, Arts. 20 and 21 and amendments thereto.

(C) Notwithstanding any provisions to the contrary in this code providing for enforcement of violations of this code as misdemeanors, violations of any provision of this code and violations of any proscription, requirement or duty set forth in any ordinance incorporated into this code or any other ordinance of the city are declared to be civil code violations which may be adjudicated and enforced by the city court pursuant to Chapter 18 of this code, as an additional enforcement alternative to other remedies provided in this section or remedies and procedures provided for specifically in this code or other ordinance. Use of this civil code enforcement alternative is not mandatory and shall be at the discretion of the city official undertaking enforcement action on an alleged violation of this code or other ordinance.

(Am. Ord. 93-481, passed 3-23-1993)

(Prior Code, Art. 1-8)

1-8-2 COLLECTIONS.

(A) All monies owed or due to the City, regardless of the origination of the debt or the identity of the debtor, which remain unpaid 30 days after the due date shall be assessed the following additional fees:

(1) A billing late fee of 1.5% per month, compounded daily after the due date, on to any balance owed;

(2) A fee of 20% of the unpaid balance on each debt will be added if the debt goes to collections;

(3) Any interest, fee, charge or expense, attorney fees, court costs and any other normal and customary costs of collection.

(B) The provisions identified in subsection (A) of this section shall be considered to be in addition to any provisions that may be provided in a written agreement between the parties.

(C) No debt may be assigned to a collection agency unless

(1) The debt is 30 days past due; and

(2) The debtor has been advised of the existence of the debt.

(a) The invoice or statement provided to the debtor shall be considered sufficient notice of the monies due. It is sufficient if the invoice or statement is provided in person, or mailed or emailed to the debtor’s address on record with the City.

(D) Insufficient check fee. Any checks returned to the City by the bank unpaid regardless of the reason may be required to pay an additional fee in amount set by resolution of Council.

(E) In addition to any other rights and remedies available to the City, the City is authorized to institute any appropriate civil action in any court of competent jurisdiction for recovery of the past due debt, including but not limited to all fees, interests, and costs.

(Ord. 11-1237, passed 5-9-2011)