HB2632 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-815, Arizona Revised Statutes, is amended to read:

START_STATUTE11-815. Enforcement; county zoning inspector; deputies; building permits; notice; cure period; violations; classification; civil penalties; hearing officers and procedures; review; definition

A. The county zoning ordinance shall provide for its enforcement within a zoned territory by means of withholding building permits, and for those purposes may establish the position of county zoning inspector and deputy inspectors as may be required, who shall be appointed by the board.

B. After the establishment establishing and filling of the position, it is unlawful to erect, construct, reconstruct, alter or use any building or other structure within a zoning district covered by the ordinance without first obtaining a building permit from the inspector, and for that purpose the applicant shall provide the zoning inspector with a sketch of the proposed construction containing sufficient information for the enforcement of the zoning ordinance. A permit is not required for repairs or improvements of a value of not exceeding five hundred dollars more than $500. Reasonable fees may be charged for the issuance of a permit. The inspector shall recognize the limitations placed on the inspector's authority by sections 11-804 and 11-811, and shall issue the permit when it appears that the proposed erection, construction, reconstruction, alteration or use fully conforms to the zoning ordinance. In any other case the inspector shall withhold the permit.

C. It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of any regulation or any ordinance pertaining to the land and any violation constitutes a public nuisance. Any person, firm or corporation violating an ordinance, or any part of an ordinance, is guilty of a class 2 misdemeanor. Each day during which the illegal erection, construction, reconstruction, alteration, maintenance or use continues is a separate offense.

D. A county may establish civil penalties for a violation of any zoning regulation or ordinance. Civil penalties shall not exceed the amount of the maximum fine for a class 2 misdemeanor. Each day of continuance of the violation constitutes a separate violation. If an alleged violator is served with a notice of violation pursuant to subsection E f of this section, the alleged violator is not subject to a criminal charge arising out of the same facts.

e. before reporting a zoning violation to the hearing officer pursuant to subsection f of this section, personal service of a notice of violation of a zoning regulation or ordinance on the alleged violator may be made by an inspector or by any person authorized to perform personal service by the Arizona rules of civil procedure. If it is impracticable for the inspector to cause the notice to be personally served, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure. The notice of violation shall include all of the following:

1. The name of the owner of record of the property and any other person against whom the county intends to take action.

2. The location of the property alleged to be in violation of a zoning regulation or ordinance.

3. The specific violation with a description of how the zoning regulations or ordinances have not been met. Each instance of a zoning regulation or ordinance that has not been met shall be specified with citation to the applicable zoning regulation or ordinance.

4. The date when steps TOWARDS compliance must be commenced and the date when compliance must be completed.

5. information that failure to comply with the dates described in paragraph 4 of this subsection constitutes a separate violation and a description of possible civil penalties.

E. f. A county that establishes a civil penalty for a violation of a zoning regulation or ordinance may appoint hearing officers to hear and determine zoning violations. If the zoning inspector reports a zoning violation to the hearing officer, the hearing officer shall hold a hearing after notice of the hearing has been served on the alleged violator. the inspector may not report a zoning violation to the hearing officer unless the time specified to cure the alleged violation as provided on the notice of violation required pursuant to subsection E, paragraph 4 of this section has expired. The zoning inspector shall cause the notice of the hearing to be personally served on the alleged violator at least five fifteen days before the hearing. Personal service may be made by a zoning an inspector or by any person authorized to perform personal service by the Arizona rules of civil procedure. If it is impracticable for the zoning inspector to cause the notice to be personally served, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure. A notice served on the alleged violator other than by personal service shall be served at least thirty days before the hearing. For the purposes of this subsection, "impracticable" includes service of the notice outside the boundaries of the county or in situations in which the hearing officer reasonably determines that personal service on the alleged violator would jeopardize the safety of the zoning inspector or other persons authorized to perform personal service by the Arizona rules of civil procedure. The notice of the hearing required pursuant to this subsection shall state all of the following:

1. The name of the owner of record of the property and any other person against whom the county intends to take action.

2. The location of the property in violation of a zoning regulation or ordinance.

4. For continuing violations at the same property, the dates on which the continuing violations occurred.

F. g. At the hearing, the zoning inspector shall present evidence showing the existence of a zoning violation and the alleged violator or the alleged violator's attorney or other designated representative shall be given a reasonable opportunity to present evidence. The county attorney may present evidence on behalf of the zoning inspector. At the conclusion of the hearing, the hearing officer shall determine whether a zoning violation exists and, if a violation is found to exist, may impose civil penalties pursuant to subsection D of this section. The hearing officer shall advise the violator of the right to request a review of the decision pursuant to subsection h of this section.

G. h. A hearing officer may be an employee of the county and shall be appointed by the board of supervisors. A review of decisions of the hearing officer by the board of supervisors shall be available to any party to the hearing. The board of supervisors may delegate this review to a county board of adjustment. If the board of supervisors elects to delegate this review, the board of supervisors shall delegate all requested reviews to the board of adjustment. The board of supervisors shall adopt written rules of procedure for the hearing and review of hearings, which shall be adopted in the same manner as zoning ordinances. Judicial review of the final decisions of the board of supervisors or a board of adjustment shall be pursuant to title 12, chapter 7, article 6. A county that establishes civil penalties for a violation of a zoning regulation or ordinance is not precluded from pursuing the remedies as provided for prescribed in subsection H i of this section.

H. i. If any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used or any land is or is proposed to be used in violation of this chapter or any ordinance, regulation or provision enacted or adopted by the board under the authority granted by this chapter, the board, the county attorney, the inspector or any adjacent or neighboring property owner who is specially damaged by the violation, in addition to the other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use.

j. For the purposes of this section, "impracticable" includes service of a notice outside of the boundaries of the county or in situations in which the hearing officer reasonably determines that personal service on the alleged violator would jeopardize the safety of the inspector or other persons authorized to perform personal service by the Arizona rules of civil procedure. END_STATUTE