Chapter 18.95


18.95.010    Purpose and scope.

18.95.020    Compliance.

18.95.030    Enforcement.

18.95.040    Penalties and remedies.

18.95.010 Purpose and scope.

A. Purpose. This chapter provides:

1. The process of applying the provisions of this code to individual land use proposals prior to the initiation of such development or uses, by the evaluation of proposed development or uses by town staff for conformance with this code; and

2. For the enforcement of this code subsequent to the development or use of property, if voluntary correction of a violation is not successful.

B. Scope.

1. Compliance describes the methods by which the provisions of this code are met when a particular use of a property is intended.

2. Enforcement describes the actions taken by the town if users of property do not follow the prescribed methods. [Ord. 2011-048 § 1; Ord. 2010-39 § 2; Ord. 1995-06 § 2.]

18.95.020 Compliance.

A. Compliance Mechanisms. Code compliance is sought through:

1. Review procedures for subdivision plats, development plans and other plans;

2. A permitting system which will deny the issuance of a permit if the proposed activity conflicts with code requirements; and

3. Specific town staff empowered to administer the above methods of compliance.

B. Compliance Review.

1. It shall be the duty of the zoning administrator and all departments, officials and public employees vested with the duty or authority to issue permits to:

a. Determine compliance with the provisions of this code; and

b. Issue no permit in conflict with the provisions of this code.

2. Any permit issued in conflict with the provisions of this code shall be null and void.

C. Validity of Permit.

1. The issuance or granting of a building or use permit or approval of plans or specifications under the authority of this code shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code or the amendments thereto, or of any other ordinance or law.

2. No permit presuming to give authority to violate or cancel any of the provisions of this code or any existing law shall be issued, and if issued shall not be valid, except insofar as the work or use which it authorizes is lawful and permitted.

3. A zoning permit shall be valid:

a. Concurrent with and subject to the validity of the applicable permit required by the town-adopted building codes (STC Title 15); or

b. In perpetuity, upon establishment of the use or completion of structures associated with the use, provided the use is not discontinued for more than 12 months.

4. If no building permit is required for the use, the zoning use permit or zoning construction permit (refer to STC 18.01.030(E), general provisions) shall be valid:

a. For one year after the date of issuance; or

b. In perpetuity, upon establishment of the use or completion of structures associated with the use, provided the use is not discontinued for more than 12 months. [Ord. 2011-048 § 1; Ord. 2010-39 § 2; Ord. 1995-06 § 2.]

18.95.030 Enforcement.

A. The zoning administrator is responsible for the enforcement of zoning regulations and conditions of approval.

B. The zoning administrator shall assure that proposed developments are reviewed and approved in compliance with the provisions of the zoning code.

C. The zoning administrator, in cooperation with building safety, shall monitor construction to assure that new developments are constructed in compliance with the plans approved for zoning compliance. Building safety has the authority to suspend construction when it does not conform to the plans approved for zoning compliance.

D. The zoning administrator, upon written request, shall issue a written determination on whether an existing use or building was legally established in compliance with the zoning regulations in force at the time the use was established or structure constructed.

E. Violation of the provisions of this code, or failure to comply with conditions of approval, shall be a civil infraction.

1. The zoning administrator shall be responsible for taking action to assure that zoning violations are addressed by conducting site inspections, serving written notice requiring cessation or correction of the violation, issuing a citation pursuant to the Sahuarita Town Code, and taking further action as may be appropriate to assure compliance.

2. The zoning administrator shall conduct inspections on site with the permission of the property owner or tenant. If refused entry, the zoning administrator shall issue a citation based on the testimony of the complainant.

3. The town attorney, in addition to other remedies, may institute any appropriate action to correct or abate the violation, prevent the occupancy of such building, structure or land, and prevent any additional violation arising from further conduct, business, or use in such premises. [Ord. 2011-048 § 1; Ord. 2010-39 § 2; Ord. 1995-06 § 2.]

18.95.040 Penalties and remedies.

A. Penalties.

1. Penalties are determined by ruling of the town magistrate.

2. Each day’s continuance of a zoning violation shall be deemed a separate offense.

3. The maximum penalty for each offense shall be:

a. Seven hundred fifty dollars for an individual; or

b. Ten thousand dollars for any corporation, association, labor union or other legal entity.

B. Remedies.

1. All remedies provided in this code shall be cumulative and not exclusive.

2. The imposition of penalties on any person under this code shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal of such violations.

3. If any structure is erected, constructed, reconstructed, altered, maintained or used, or any land is used, in violation of this code, the town council, the town attorney, the zoning administrator or any adjacent or neighboring property owner who is specially damaged by the violation may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, abate or remove the violation. [Ord. 2011-048 § 1; Ord. 2010-39 § 2; Ord. 1995-06 § 2.]