§ 14-111. Enforcement.

In addition to the procedures set forth in County Ordinance 98-02:

(1)

Whenever the county planning and zoning department determines that there has been a violation of this article, the department shall give notice to the person alleged to have violated the article. Such notice shall:

a.

Be in writing;

b.

Include a statement of the alleged violation(s);

c.

Be served upon the person alleged to be in violation of the article via certified mail;

d.

Contain a compliance order that explains the remedial action that, if taken, will effect compliance with the article; and

e.

Provide the alleged violator with five days to take the prescribed remedial action to cure his violation(s).

(2)

Upon failure of any person to comply with a notice of violation and compliance order, the department may suspend the applicable site registration and/or land application registration with a cease and desist order that terminates land application of sewage sludge at which the alleged violation(s) occurred. In addition to a cease and desist order, the board of supervisors of the county may institute an action for injunction or other appropriate action to cause cessation of the violation.

(3)

Notwithstanding any other penalty provision in this article, whoever shall cause or permit any activity or use of property to be carried out in violation of the terms of this article, or who shall do any acts prohibited by this article, or who shall fail to do any act commanded, directed, or required by this article, shall be subject to the maximum punishment now provided, or as may be provided, by the provisions of A.R.S. § 11-251.05(A)(2) or any other state statute which may be applicable. The duly authorized law enforcement officers of the county, whether federal, state or local, are hereby authorized to carry out enforcement of this subpart of the article.

(4)

In addition to, or instead of utilization of, the injunctive relief or criminal provisions in the previous sections, the board of supervisors may institute civil action to penalize violation of any part of this article. The civil penalty shall not exceed the maximum fine authorized by state law for a Class 1 misdemeanor, per day, per violation. In addition to said civil penalties, reimbursement to the county board of supervisors for reasonable attorney fees for the enforcement of the article and costs of litigation, including depositions and related costs, including, but not limited to, costs of experts and laboratory tests, are authorized to be awarded by the appropriate judicial authority.

(5)

Any person who violates and/or is convicted of violating this article shall be permanently prohibited from land applying sewage sludge, operating a land application site, or preparing sewage sludge to be land applied in the county. This prohibition applies to that person's parent, sister, and successor companies, subsidiaries, and alter egos, and to any person substantially owned or controlled by the person (including its officers, directors, or owners) that violate this article.

( Ord. No. 2003-03 , § 115, 8-4-2003)