§ 40. ZONING INSPECTION AND ENFORCEMENT.

A.

Administration and Enforcement. Administration of Mohave County zoning regulations shall be through a County Zoning Inspector and Deputy Zoning Inspectors. Enforcement shall be administered by withholding of issuance of building and zoning permits and through such methods provided in A.R.S. § 11-815 and this Section.

B.

Permit Required.

1.

It shall be unlawful to erect, construct, reconstruct, alter or use any land, building or other structure within a zoning district covered by the Ordinance without first obtaining a building permit from the inspector and for the purpose the applicant shall provide the inspector with plans of the proposed construction containing sufficient information to show compliance with the zoning ordinance and adopted building codes. The inspector shall recognize the limitations placed on their authority by State laws, and shall issue the permit when it appears that the proposed erection, construction, reconstruction, alteration or use fully conforms to the zoning ordinance and adopted building codes. In any other case, the inspector shall withhold issuance of the permit. A permit shall be good for six (6) months from the date of issuance. A renewal permit or continuance shall be granted for an additional six (6) months for cause. Except, that a permit is not required for repairs or improvements of a value not exceeding five hundred dollars ($500), as established by the Building Official or Zoning Inspector

2.

Those industries which process, handle or store hazardous materials requiring permits from the Arizona Department of Environmental Quality in accordance with the Arizona Hazardous Waste Management Act and those industries which must comply with Air Quality Regulations as set by the Arizona Department of Environmental Quality must obtain an installation permit prior to Mohave County issuing a Building/Zoning Permit. Once construction of the permitted structure or facility has been completed, an operational permit must be obtained prior to the issuance of a permanent Certificate of Occupancy for that industry. Those industries which must comply with groundwater quality regulations set by the Arizona Department of Environmental Quality must obtain the required groundwater permit(s) prior to the issuance of the Certificate of Occupancy for that industry.

C.

Penalty Permit. Property owners shall be notified that they have not obtained proper permits or that they are in violation of a specific section of the Zoning Ordinance. The owner will be given thirty (30) days to contact the Development Services Department to take or to initiate action to correct the violation. If corrective action has not been taken within the allotted time, a $250.00 penalty fee shall be required in addition to the regular permit fee.

D.

Enforcement.

1.

It shall be unlawful, and considered a public nuisance per se, to make use of any lot, parcel, or piece of property in such a way as to conflict with the provisions of this Ordinance. Likewise, it shall be a violation of this Zoning Ordinance to erect, construct, reconstruct, alter or use any building or other structure that does not conform to the criteria set forth in the Ordinance.

2.

The Board of Supervisors, County Attorney, County Sheriff, County Clerk, County Administrator, Director of Development Services, and all Development Services employees charged with the issuance of licenses or permits shall enforce the provisions of this Ordinance. Any permit, certificate, or license issued in conflict with the provisions of this Ordinance shall be void. To provide for the enforcement of this Ordinance, the County shall withhold all building permits and zoning permits for properties on which a use of the property, building or any other structure exists which does not meet the standards of this Ordinance.

E.

Violation Inspection Procedure.

1.

The County Zoning Inspector, or their designee, shall review all alleged violations of this Ordinance. Upon receiving a report of a violation, the inspector shall inspect the site of the alleged violation. During the inspection the inspector shall take careful and comprehensive notes as to the condition and existing uses of the subject property, location, name of the property owner and/or the alleged violator, the address of the property where the alleged violation occurred, and specific section(s) of the County Zoning Ordinance corresponding to the alleged violation.

2.

Should the inspector determine that a violation is occurring on the subject property, they shall personally serve, or cause to be served, notice to the property owner and the alleged violator of the violation. The notice of the violation shall set forth the specific nature of the violation, the section of the County Ordinance being violated, a specific statement of the facts constituting the alleged violation, notice of possible penalties for the violation, procedures necessary to bring the subject property into compliance with the planning and zoning regulations, and a specific date by which all necessary actions shall be taken to correct the alleged violation(s) set forth in the notice.

3.

Re-inspection shall occur within thirty (30) days after the date set forth in the notice of violation for correction of the alleged violations. If the alleged violation has not been corrected at the time of the re-inspection and the inspector finds evidence that a reasonable attempt is being made to correct the alleged violation(s) the inspector may, in writing, grant an extension of time, not to exceed thirty (30) calendar days, for completion of the correction(s) of the alleged violation(s) as set forth in the notice.

4.

If the alleged violator fails to correct the alleged violation(s) within the time set forth in the notice, or the extension of time granted by the inspector, then the inspector shall file the notice of alleged violation(s) with the hearing office or the Justice Court as appropriate.

a.

Should the case be pursued as a civil case, the hearing officer shall set a hearing date and time, neither less than 30 days nor more than 60 days after such filing, for the hearing and presentation of all evidence and testimony pertaining to the alleged violations(s).

F.

Methods of Enforcement.

1.

Each day of continuance of the violation constitutes a separate violation.

2.

Any case pursued under subsection F.3 of this section cannot be subject to criminal charge arising out of the same facts.

3.

Civil Penalties.

a.

At the request of the Development Services Director, the Board of Supervisors may appoint hearing officers in each of the supervisorial districts to hear and determine zoning violations in civil proceedings. Except as provided in this section, cases within a district will be assigned to the hearing officer appointed for that district. Should a hearing officer in a district be unable to hear a case, the Director may assign the case to another hearing officer.

b.

Civil penalties for zoning violations shall not exceed the maximum penalties for a class 2 misdemeanor.

c.

For cases pursued as civil cases, the hearing officer shall hold a hearing after notice of the hearing is served on alleged violator.

d.

The Zoning Inspector shall attempt to personally serve the notice at least five (5) days before the hearing. If the Zoning Inspector is unable to personally serve the notice, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure at least thirty (30) days before the hearing.

e.

At the hearing, the Zoning Inspector shall present evidence showing the existence of a zoning violation and the alleged violator or the alleged violator's attorney or other designated representative shall be given a reasonable opportunity to present evidence. The county attorney may present evidence on behalf of the Zoning Inspector.

f.

At the conclusion of the hearing, the hearing officer shall determine whether a zoning violation exists and, if a violation is found to exist, may impose civil penalties pursuant to subsection F.3.b of this section.

g.

Either the Zoning Inspector or the alleged violator, or their representatives, may request a review of the hearing officer's decision. Such reviews shall be heard by the appropriate Board of Adjustment.

4.

Criminal Penalties.

a.

Notwithstanding any other provision of this Ordinance, the County Attorney, Director of Development Services, or his designee, may in his discretion, pursue any violation of the Mohave County Zoning Ordinance as a Class 2 misdemeanor in the criminal justice system, as authorized in A.R.S. § 11-815.

G.

Civil Penalty Procedure.

1.

Commencement. Every action or proceeding brought before the hearing officer for an alleged violation of the Mohave County Zoning Ordinance shall be commenced by the filing of a written report from the Zoning Inspector, a copy of the notice of the alleged violation(s), a copy of any written extension of time for the required correction(s), and all such other documents as pertain to the matter in question.

2.

Hearing.

a.

The alleged violator and the inspector must appear before the hearing officer on the date, time, and at the place designated for such hearing for adjudication of the alleged violation.

b.

The alleged violator may admit responsibility for the alleged violation, in writing, on a form to be provided by the hearing officer, in lieu of a personal appearance before the hearing officer, prior to the date set for the hearing of the alleged violation. The execution of such form, by the alleged violator, shall constitute a complete admission of all facts set forth in the citation. The hearing officer shall assess the violator such penalty as the hearing officer deems appropriate, not to exceed the equivalent of a maximum fine of a Class 2 misdemeanor for each violation pursuant to A.R.S. § 11-815.

3.

Counsel. If any party desires to be represented by counsel at Hearing, that party shall be required to notify the Hearing Officer and the opposing party not less than ten (10) days prior to the date set for the Hearing. Notwithstanding the ten-day requirement, upon notice that any party intends to be represented by counsel at Hearing, any other party shall have not less than three (3) days to notify the Hearing Officer and opposing party of an intention to be represented by counsel at Hearing.

4.

Rules for Hearing Procedure.

a.

The Arizona Rules of Evidence shall not apply. All relevant evidence may be admitted, subject to the discretion of the hearing officer.

b.

Transcripts or recordings of all hearings, by video or audio recording shall be made and kept on file at the hearing office for a period of three (3) years. A copy of the recording or transcript of any hearing held by the hearing officer shall be available to the public for a reasonable fee. The cost of preparation of a written transcript shall be borne by the person or agency requesting it.

c.

If the alleged violator does not appear at the date and time specified in the notice of hearing, the hearing officer may continue the case in the interest of justice, or may find the alleged violator in default, thereby admitting all relevant facts set forth in the notice of violation, find for the County and impose a civil sanction not to exceed the equivalent of a maximum fine of a Class 2 misdemeanor for each violation pursuant to A.R.S. § 11-815.

d.

If the inspector does not appear at the date and time specified in the notice of hearing, the hearing officer may continue the case in the interest of justice, or may find the County in default, thereby admitting that no violation exists, and impose a sanction against the County in an amount sufficient to reimburse the alleged violator for expenses incurred in the preparation for and appearance at the hearing.

e.

The hearing officer shall call the case and briefly describe the procedures to be followed. The hearing officer may question any or all witnesses or parties to the action.

f.

The parties shall stipulate all facts not in dispute.

g.

County inspector's statement.

h.

Respondent's statement.

i.

Testimony of the inspector's witnesses.

j.

Respondent's cross-examination of inspector's witnesses.

k.

Testimony of the respondent's witnesses.

l.

Inspector's cross-examination of respondent's witnesses.

m.

Testimony, at the hearing officer's discretion, of other witnesses relevant to the matter(s) at issue.

n.

Respondent's closing statement.

o.

Inspector's closing statement.

p.

At the discretion of the hearing officer, cross-examination shall be limited to matters relevant to witnesses' testimony.

q.

The hearing officer may render his/her decision immediately after the presentation of all evidence and testimony by the parties thereto, or not more than seven (7) days thereafter by certified mail addressed to the last known address of the parties thereto. A decision of the hearing officer shall include all findings of fact and conclusions of law.

5.

Judgment.

a.

Any determination by the hearing officer may include: judgment for the County and a penalty not to exceed the equivalent of a maximum fine of a Class 2 misdemeanor for each violation pursuant to A.R.S. § 11-815.

b.

At the discretion of the hearing officer, they may continue any hearing for a period of not more than 60 days if it appears the interests of justice shall be served.

c.

The alleged violator, if found responsible for the zoning violation and penalized with a civil sanction, shall not be relieved of the responsibility of correcting the prohibited condition. Unless appealed to the Board of Adjustment within ten (10) working days from the date of the hearing, the violator shall correct the zoning violation(s) within 30 calendar days from the date of the hearing officer's decision.

d.

If the violator shall be found in violation of any of the zoning regulations ordered to be corrected within 30 calendar days, the hearing officer, upon affidavit by the inspector that the corrections ordered have not been completed, shall order a civil sanction of a fine of not more than the maximum fine for a Class 2 misdemeanor for each day the violation shall continue thereafter.

6.

Review of Hearing Officer.

a.

Any party to the hearing may appeal the decision of the hearing officer.

b.

All such appeals shall be to the Mohave County Board of Adjustment.

c.

Notice of review shall be given to the hearing officer not more than ten (10) working days after the hearing officer has rendered their judgment. The notice shall set forth all relevant facts, conclusions of law, the judgment being reviewed and the reasons therefore.

d.

All reviews shall be on a form provided by the hearing officer accompanied by a refundable $100 cash bond. All alleged violators who shall substantially prevail on review to the Board of Adjustment shall receive a refund of the bond.

e.

Upon receipt of the notice of review the hearing officer shall, within 30 calendar days, prepare and transmit the complete record to the Board of Adjustment and schedule the review.

f.

The Director shall notify all parties of the date, time and place of the review hearing, by certified mail to the last known address of the parties, at least ten (10) days prior to the date of the hearing.

g.

All reviews to the Board of Adjustment shall be upon the record. The Chairperson of the Board shall preside at all appeal hearings and shall decide on all questions pertaining to procedure. Each party shall be allowed five (5) minutes to present oral arguments. All members of the Board shall be allowed to question all parties appearing before them. Decisions to uphold or deny the hearing officer's judgment shall be decided upon motion and majority vote of the members of the Board.

h.

The Board of Adjustment may uphold the hearing officer's decision, reverse the hearing officer's decision, modify the hearing officer's civil sanction to a lesser amount, or remand for further proceedings.

i.

Any appeal arising from a decision of the Board of Adjustment shall be subject to judicial review pursuant to A.R.S. Title 12, Chapter 7, Article 6.