§ 18-34. Violations, corrections, and abatements.

Any and all noncompliance with, or violations of, the requirements of this article shall be corrected or abated as provided herein, as otherwise provided by laws, or, as applicable, be prosecuted under the A.R.S. Criminal Statutes. (Also see section 18-33.)

(1)

Owner's correction of violations. Owners, occupants, and other violators shall immediately and in any event within 30 days of the owner's, occupants, and/or other responsible person's awareness of a violation from any source, or in any event within 30 days of the owners, occupants, and/or other responsible persons being given notice by the floodplain administrator or his designated representative of any violation, shall fully correct or abate such violations or the owner shall act to obtain a variance. Responsibility and/or liability is jointly and severally that of the owner, occupant and/or other violator(s) or responsible person(s).

(2)

Notice of violation. Within 30 days of the actual discovery of a violation, including public nuisances, the floodplain administrator shall give a written notice and reasonable amount of time, but in any event not longer than 30 calendar days, to the owner of the property on which the violation has occurred, as well as to any other persons as to whom responsibility is being asserted, to fully correct the violation. A copy of any such notice shall be provided to the county attorney.

(3)

If the owner or other person(s) fail(s) to achieve the correction of the violation, the floodplain administrator shall act as otherwise permitted in this article or other laws to cause correction or abatement.

(4)

If compliance, including full correction or abatement, is not forthcoming from the owner or other person(s) after the notice per subsection (2) of this section, the floodplain administrator shall forward the matter to the county attorney, including a full report as to the apparent violation, as basis appears existent. The county attorney shall issue a second notice of violation to the owner and other person(s) deemed by the county attorney to be responsible, and a demand for correction of the violation(s) within ten calendar days. Within 30 days of the county attorney's demand, the floodplain administrator shall make a factual determination as to whether or not the violation has been fully corrected or abated. At that time, if full correction and/or abatement has not occurred.

(5)

If no agreement has been reached with the property owner or other responsible person for abatement or correction, the floodplain administrator shall submit a report to the floodplain board and county administrator, which shall include all information available to the floodplain administrator which is pertinent to said violation. Within 30 days of receipt of this report, the floodplain board shall agendize such matter(s) and shall:

a.

Take any necessary action to effect the abatement or correction of such violation;

b.

Issue a variance to this article, if otherwise allowed in accordance with the provisions of this article; or

c.

Order the owner and, as applicable, any other occupant of the property upon which the violation exists to provide whatever additional information may be required for their determination. Such information must be provided by the owner to the floodplain administrator within 15 days of such order, and he shall submit an amended report to the floodplain board within 20 days. At their next regularly scheduled meeting, the floodplain board shall order the abatement of said violation or grant a variance in accordance with the provisions herein.

(6)

If correction or abatement is not made by the owner or other responsible person(s), in compliance with a floodplain board order, the floodplain board, directly or through the floodplain administrator or other designated representative, shall submit a declaration for denial of insurance to the Federal Emergency Management Agency, stating the property is in violation of this article or other cited laws pursuant to section 1316 of the National Flood Insurance Act of 1968, as amended. This declaration may be recorded by the district in the official records of the county recorder and released only upon full abatement or correction of the violation, or upon the issuance of a variance under this ordinance, to fully resolve all violations.

(7)

Prosecution. As addition to other remedies, as provided herein or as otherwise permitted by laws, any violator may also be prosecuted, and if convicted, subject to fine, imprisonment, injunctive order as to the offender and restitution to damaged persons, all as permitted by laws, including, without limitation, the A.R.S. Criminal Code.

( Ord. No. 2000-00 , § 3.9, 11-6-2000; Ord. No. 2014-01 , § 3, art. 9, 5-19-2014)