18-1-9 EACH DAY SEPARATE VIOLATION.

ARTICLE 18-1
Civil Code Enforcement

Section

18-1-1 Civil code infractions; jurisdiction; purpose

18-1-2 Civil sanctions

18-1-3 Commencement of action

18-1-4 Authority to issue civil citations

18-1-5 Appearance by defendant

18-1-6 Default judgment

18-1-7 Rules of procedure

18-1-8 Collection of civil sanctions

18-1-9 Each day separate violation

18-1-1 CIVIL CODE INFRACTIONS; JURISDICTION; PURPOSE.

(A) The city court shall have exclusive jurisdiction to adjudicate and assess and collect penalties for civil violations of the city code and other ordinances as declared in Art. 1-8(C).

(B) The jurisdiction of the city court over civil code violations shall not be interpreted or applied in any manner to limit the jurisdiction of the Superior Court over civil actions for declaratory relief, injunctive relief, abatement of public or private nuisances or damages, the basis of which may be an act, omission or condition in violation of the city code or other ordinances.

(C) The purpose of this article is to provide, as an additional alternative to other enforcement means, for an informal, speedy and inexpensive process for adjudication of civil code violations, based upon an administrative hearing model, in which citizens who receive a civil infraction complaint may obtain a prompt, simplified hearing, without the need in most cases to retain an attorney to represent them and without the severity of the consequences which might follow a criminal conviction for a class one misdemeanor.

(Prior Code, § 18-1-1) (Ord. 93-482, passed 4-24-1993)

18-1-2 CIVIL SANCTIONS.

If a person pleads responsible or is found to be responsible for a civil violation of any provision of this code or any ordinance incorporated herein, the court shall, unless some other sanction is specifically set forth elsewhere in the code, impose a civil sanction in accordance with the following guidelines: for a first time offense, the civil sanction shall be in an amount not less than $50 nor more than $300; for a second offense, the civil sanction shall be in a sum not less than $300, nor more than $500; and for a third offense or subsequent offense, the civil sanction shall be in an amount not less than $550, nor more than $1,000. In imposing any sanction, the court shall take into account the city’s cost of enforcement against the offender.

(Prior Code, § 18-1-2) (Ord. 93-482, passed 4-24-1993; Am. Ord. 97-592, passed 8-28-1997)

18-1-3 COMMENCEMENT OF ACTION.

(A) A civil code violation action commenced under this article may be commenced by the issuance of a citation or by a long form complaint.

(B) The citation shall be in substantially the same form as the Arizona Traffic Ticket and Complaint and shall direct the defendant to appear in the Goodyear Municipal Court within 10 days after the issuance of the citation.

(C) The citation will further notify the defendant that if he or she fails to appear on or before the date specified in the citation, a judgment by default will be entered against him or her, and the court may, in its discretion, impose a civil sanction in accordance with the guidelines set forth in Section 18-1-2.

(D) Service of the citation may be accomplished and will be deemed proper and complete by any of the following methods:

(1) By having the defendant sign the citation with a promise to appear in court within 10 days of the issuance of the citation;

(2) If the defendant refuses to sign the citation, by hand-delivering a copy of the citation to the defendant;

(3) By mailing a copy of the citation to the person charged by certified or registered mail, return receipt requested, to the person’s last known address;

(4) In the event service cannot be accomplished as set forth in subsections (D)(1), (2) and (3) of this section, the state may serve the defendant by any means allowed by the Arizona Rules of Civil Procedure;

(5) Service of citations for parking violations of Chapter 13 may be accomplished by placing a copy of the citation on the subject vehicle’s windshield or sending the citation by first class mail to the subject vehicle’s registered owner’s last known address with the Arizona Motor Vehicle Division.

(Prior Code § 18-1-3) (Ord. 93-482, passed 4-24-1993; Am. Ord. 2001-755, passed 5-14-2001; Am. Ord. 09-1199, passed 12-7-09)

18-1-4 AUTHORITY TO ISSUE CIVIL CITATIONS.

Any of the following persons may issue a civil citation pursuant to this chapter:

(A) Any peace officer;

(B) The City Attorney or any assistant;

(D) The Code Compliance Officer;

(E) The Code Compliance Manager;

(F) Any other person designated by the City Manager in writing filed with the City Clerk.

(Prior Code, § 18-1-4) (Ord. 93-482, passed 4-24-1993; Am. Ord. 2001-755, passed 5-14-2001)

18-1-5 APPEARANCE BY DEFENDANT.

(A) The defendant shall, within ten days of the issuance of the citation, appear in person, or through his or her attorney, in the Goodyear Municipal Court and shall either admit or deny the allegations contained in the citation.

(B) If the defendant admits the allegations, the court shall enter judgment against the defendant and shall impose a civil sanction pursuant to the guidelines set forth in § 18-1-2.

(C) If the defendant denies the allegations contained in the citation, the court shall set a date for a hearing on the matter.

(Prior Code, § 18-1-5) (Ord. 93-482, passed 4-24-1993; Am. Ord. 2001-755, passed 5-14-2001)

18-1-6 DEFAULT JUDGMENT.

(A) If the defendant fails to appear as directed on the citation, the court shall enter a default judgment and shall impose a civil sanction for the violation in accordance with the guidelines set forth in § 18-1-2.

(B) If the defendant fails to appear for the hearing, the defendant’s failure to appear shall be deemed an admission of the offense, and the court shall enter judgment against the defendant and shall impose a civil sanction for the violation pursuant to the provisions of § 18-1-2.

(Prior Code, § 18-1-6) (Ord. 93-482, passed 4-24-1993)

18-1-7 RULES OF PROCEDURE.

Proceedings under this article shall be conducted in accordance with the Arizona Rules of Court for Civil Traffic Violation Cases except where such rules are modified or inconsistent with the provisions of this article, the local rules of the Goodyear Magistrate Court or the rules of the Arizona Supreme Court.

(Prior Code, § 18-1-7) (Ord. 93-482, passed 4-24-1993)

18-1-8 COLLECTION OF CIVIL SANCTIONS.

Any judgment for civil sanctions taken pursuant to this article may be collected as any other civil judgment as provided in the Arizona Revised Statutes.

(Prior Code, § 18-1-8) (Ord. 93-482, passed 4-24-1993)