§ 8-90. Enforcement.

(a)

Suspension of operating permit. In accordance with A.R.S. § 36-183.05, if the regulatory authority (hereafter referred to as the county department of public health finds that an establishment is not in compliance with the requirements of these regulations, the director through the county attorney may file an action in the superior court:

(1)

For a temporary restraining order, a preliminary or permanent injunction or any other appropriate relief necessary to enjoin the person from further violations and to protect public health or the environment.

(2)

To compel compliance with a nuisance abatement order or a compliance order, including the collection of civil penalties assessed under that order.

(3)

For civil penalties of not to exceed $1,000.00 a day but not more than $10,000.00 for each violation.

(b)

Revocation of operating permit.

(1)

The county department of public health may, after providing opportunity for hearing, revoke a permit for serious or repeated violations of these regulations.

(2)

Prior to revocation, and pursuant to A.R.S. § 36-183.04, the county department of public health shall notify, by a notice of violation, the holder of the permit, or the person in charge, of the specific reason(s) for which the permit is to be revoked unless a written request for hearing is filed with the county department of public health by the holder of the permit within a 15-day period. If a request for a hearing is timely filed, the hearing shall be held within 15 days of receipt of the request.

(3)

If no request for a hearing is filed within the 15-day period, the county department of public health shall issue a compliance order pursuant to A.R.S. § 36-183.04. Unless a written request for a hearing is filed with the county department of public health by the holder of the permit within 15 days, the order shall become final and enforceable in superior court. If a request for a hearing is timely filed, the hearing shall be held within 15 days of receipt of the request.

(c)

Service of notices. A notice provided for in these regulations is properly served when it is delivered to the holder of the permit, or their agent or when it is sent by certified or registered mail, to the last known address of the holder of the permit. A copy of their notice shall be filed in the records of the county department of public health.

(d)

Hearings. Hearings shall be conducted in accordance with section 2-112 et seq.

(e)

Penalties.

(1)

A compliance order issued pursuant to A.R.S. § 36-183.04 may provide for a civil penalty of not more than $750.00 for each violation by an individual and 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.

(2)

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

a.

The seriousness of the violation.

b.

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

c.

The history of that violation.

d.

The economic impact of the penalty on the violator.

e.

Any good faith efforts to comply with the applicable requirements.

f.

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

g.

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

h.

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

(f)

Exception. Unless otherwise indicated in these regulations, the above enforcement process shall apply.

( Ord. No. 2012-06 , § V, 11-5-2012)