32C-107 Violations and penalties.

A.    The remedies specified herein are cumulative and the City Manager, or the City Attorney, may proceed under these or any other remedies authorized by law. In addition to any other authorized remedies, a person who violates any provision of this chapter shall be guilty of a misdemeanor. Each day of violation shall be a separate offense. *1

B.    Any person having control over an activity or any real property, or who causes, authorizes, facilitates, aids or abets any violation of any provision of this chapter, or who fails to abate any nuisance or prohibited practice for which the person is responsible, is guilty of a Class 1 misdemeanor.

C.    The City Manager may issue a notice of violation or other compliance and enforcement documentation to any person who has violated or is in violation of this chapter. Failure to perform any act required in the notice of violation shall be a separate violation for each day the violation continues beyond the notice of violation date. *1

D.    The transfer of ownership, possession, or control of real property to another person does not relieve the transferor of responsibility for violations of this chapter, as provided in subsection B of this section, which occurred before the transfer unless the transferee accepts responsibility for the violations.

E.    A person who violates this chapter is subject to a civil action in any court of competent jurisdiction to collect a civil sanction of not less than $50.00 nor more than $2,500.00 for each violation. Each day of each violation shall constitute a separate civil offense.

F.    The owner of record of the property upon which a violation of this chapter occurs shall be presumed to be a person having lawful control over an activity or real property, unless it is demonstrated that another person has knowingly and in good faith accepted responsibility for the activity or property at issue. If more than one person is identified as the owner of record, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or land.

G.    Any person causing or contributing to a violation of this chapter or a permit issued in accordance herewith shall notify the City immediately upon learning of the events that resulted in the violation. This notification shall be followed within five days by a detailed written statement describing the cause of the violation and the measures being taken to prevent reoccurrence. Neither the submission to the City of the original notification nor the detailed written statement will relieve the person of liability for any expense, loss or damage to the publicly owned storm drain, or for any fines imposed on or by the City on account thereof. +1

(Ord. No. G-3589, § 1; new style in use as of 8-1-2011)

Date of Addition/Revision/Deletion - Section 32C-107

+1    Addition on 5-30-2012 by Ordinance No. G-5707, eff. 6-29-2012

*1    Revision on 5-30-2012 by Ordinance No. G-5707, eff. 6-29-2012

State law referencePenalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28).

NoteFormerly, § 32C-106