§ 5.01.010. Violation of code compliance; penalty; enforcement.

It shall be unlawful for any person, owner, tenant, lessee, occupant, party, contractor, manager, board and officer, or any other business legal entity to create, continue or fail to abate a nuisance in a public or private place which is injurious to the health or indecent or offensive to the senses, or which obstructs the free use of property or which interferes with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons as provided in title 5.

Violations: Any person, owner, tenant, lessee, occupant, party, contractor, manager, board and officer, or any other business legal entity who shall:

1.

Violate any of the provisions of the City Code adopted as the "Health and Sanitation" as set forth in title 5, chapters 1 through 3, sections 5.01.010 through 5.03.120, or who shall fail to comply therewith; or

2.

Violate or fail to comply with any lawful order of any duly appointed building inspector/official(s) thereto; or

3.

Fail to abate a condition prohibited under the provisions of title 5 which has been determined not to be in conformance with regulations adopted under this title or a notice of determination and order of corrective action issued thereto; or

4.

Fail to comply with any other ordinance, as affirmed or modified by the mayor and city council or any order of a court of competent jurisdiction with the time fixed, or from an order which no appeal is taken.

Penalty: Any person, owner, tenant, lessee, occupant, party, contractor, manager, board and officer or any other business legal entity violating any of the provisions of title 5, herein adopted shall be subject to the penalties as provided in title 1, chapter 1, section 1.04.010 of this Code: Fine not exceeding $300.00 for offenses designated as petty offenses pursuant to A.R.S. 13-601 or a fine not exceeding $2,500.00 for offenses designated as misdemeanors plus statutory surcharges as mandated by the legislature on/after December 15, 2008, or as amended; a probationary period and imprisonment/confinement up to 180 days or any combination thereof or as otherwise provided elsewhere in the code, by resolution of mayor and council, or by statute including suspension or revocation of a license, permit or franchise or other equitable relief.

The application of the penalty as set forth in title 5 shall not, in any event, preclude an enforcement order to assure compliance with the Code regulations, and the issuance/compliance official may issue a citation (complaint) to any person, owner, tenant, lessee, occupant, party, contractor, manager, board and officer, or other business legal entity in violation of, or not in complete compliance with any provision of this title. Upon issuance of any citation (complaint), the person, owner, tenant, lessee, occupant, party, contractor, manager, board and officer, or other business legal entity so cited, shall be provided a copy of the citation (complaint) as provided by law. Said citation (complaint) shall be thereafter filed with the consolidated court by the compliance officer issuing such citation (complaint).

Enforcement: The enforcement powers and duties of the compliance official and of any other administrative authority are set forth herein for any and all matters pertaining to any Code enforcement. The mayor and city council and/or the city manager may, from time to time, authorize such appointments and duties as needed to perform any and all Code compliance and enforcement or other duties that may be required by title 5.

(Ord. NS292, § 2, 2009)

Cross reference

2008 Code, Ord. NS283, title 1, chapter 4, § 1.04.010, 3-3-2008)

State law reference

Adoption by reference, A.R.S. 9-801; define nuisances and abatement authority, A.R.S. 9-240(21); 9-276(16), (19); powers and abatement, A.R.S. 9-240; 9-499; 9-499.01 et seq.; prescribe regulations, A.R.S. 9-240(22), (28); 9-276(18), (19); maintain cemeteries and regulate burial, A.R.S. 9-240(11); 9-453.