§ 28-62. Penalties.

(a)

A compliance order issued pursuant to A.R.S. § 36-183.04 may provide for a civil penalty of not more than $5,000.00 for a violation by an enterprise. A compliance order shall not impose a civil penalty for the same acts for which a court has previously imposed a civil or criminal penalty.

(b)

In determining the amount of a civil penalty under this section, the following shall be considered:

(1)

The seriousness of the violation.

(2)

As an aggravating factor only, any economic benefit that results from the violation.

(3)

The history of that violation.

(4)

The economic impact of the penalty on the violator.

(5)

Any good faith efforts to comply with the applicable requirements.

(6)

The duration of the violation as established by any credible evidence.

(7)

Payment by the violator of penalties previously assessed for the same violation.

(8)

Other factors affecting the public health and safety the director deems relevant.

( Ord. No. 2011-06 , § V-F, 11-5-2012)

State law reference

Violation classification, penalty, A.R.S. § 36-183.07.