HomeMy WebLinkAbout98-181 INDEXED
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OFFICIAL RE£:ORI)S Of:' MOHAVE C()U{,ir'¢,., AZ
JOAN MO CALL, MOHAVE COUNTY RECORDER
06/17/98 02:51P PAGE I OF 9
80ARO OF SUPERVISORS
RECOROIN6 PEEr Z
RESOLUTION NO. 98-181
A RESOLUTION SETTING FORTH THE ADOPTION OF MOHAVE COUNTY ORDINANCE
NO. 98-08, AN ORDINANCE DELETING SECTION 7 OF THE MOHAVE COUNTY ZONING
ORDINANCE REGARDING VIOLATIONS, PENALTIES AND ADDITIONAL REMEDIES, AND
AMENDING SECTION 29 OF THE MOHAVE COUNTY ZONING ORDINANCE REGARDING
ENFORCEMENT.
WHEREAS, at their meeting on Junel5, 1998, the Mohave County Board of Supervisors held a
public hearing on these amendments, and
WHEREAS,ARS 11-808 allows counties in Arizona to establish civil procedures for violation of
zoning regulations and to appoint hearing officers to conduct the civil proceedings, and
WHEREAS, criminal charges, even misdemeanors, can be serious matters that may not be
appropriate for many of the county's zoning violation cases, and
WHEREAS, criminal charges are best reserved for more serious cases involving intolerable threat
to health and safety or for repeat offenders, and
WHEREAS, the Mohave County Zoning Ordinance does not provide for a civil process, and
WHEREAS, Section 7 of the Mohave County Zoning Ordinance is, or can be, incorporated into
Section 29 and is no longer needed, and
WHEREAS, at their meeting on April 8, 1998, the Mohave County Planning and Zoning
Commission held a public hearing and recommended adoption of this amendment, and
WHEREAS,the amendment was advertised in The Kingman Standard on May 30, 1998 and was
posted throughout the County on May 29, 1998.
NOW THEREFORE BE IT RESOLVED, by the Mohave County Board of Supervisors that
Mohav~ 98-08, deleting Section 7 of the Mohave County Zoning Ordinance and
~he Mohave County Zoning Ordinance, be adopted.
MOH. RVISORS
PAGE 2 OF ?
BK ~107 PG 545 FEE~98025756
ORDINANCE NO. 98-08
AN ORDINANCE DELETEING SECTION 7 OF THE MOHAVE COUNTY ZONING
ORDINANCE AND AMENDING SECTION 29 OF THE MOHAVE COUNTY ZONING
ORDINANCE, REGARDING ENFORCEMENT.
Section 7 of the Mohave County Zoning Ordinance is deleted in its entirety.
Section 29 is mnended as follows (language to be deleted is st;ack and language to be added is bolded):
Section 29 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 (zoning) permits.
B. Permit Required
It shall be unlawful to erect, construct, reconstruct, alter or use any 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 applicant shall provide the zoning inspector with a sketch of the
proposed construction containing sufficient information to show compliance with the zoning
ordinance. The inspector shall recognize the limitations placed on his/her 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. In any other case, the inspector shall
witlnhold 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 only when proof
is provided that financing for said structure has been delayed by a financial institution beyond the
first permitted six (6) month permit duration. In such case a modification fee shall be required.
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 ora 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.
MOHAVE COUNTY ORDINANCE NO. 98-08 Page 2
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 Planning and Zoning Department to take or to initiate action to correct the
violation. If corrective action has not been taken within the allotted time, a $100.00 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 which does not conform to the
criteria set forth in the Ordinance. The Board of Supervisors, County Attorney,
County Sheriff, County Clerk, County Manager, Director of Planning and Zoning, and
all Planning and Zoning 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.
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MOHAVE COUNTY ORDINANCE NO. 98-08 Page 3
2. The County Zoning Inspector, or their designee, shall investigate and report on all
notices of planning and zoning violations. The Board of Supervisors shall appoint a
hearing officer to hear and determine all alleged violations of planning and zoning
regulations. Any individual, company, corporation, or other entity determined by the
hearing officer to be in violation of any provision of this Ordinance shall be guilty of
a planning and zoning violation which shall be punishable by a civil sanction not to
exceed the equivalent of a maximum fine of a Class 2 misdemeanor for each violation
pursuant to ARS 11-808.
3. Notwithstanding any other provision of this Ordinance, the County Attorney, Director
of Planning and Zoning, 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 ARS §11-808.C.
E. Hearing Officer
1. A hearing officer shall be appointed by the Mohave County Board of Supervisors for
a period of one year. The hearing officer shall not be an employee of Mohave County.
The hearing officer may delegate clerical matters to their staff, if any.
2. The Board of Supervisors shall determine the compensation allowed the hearing officer
for their services. The Board of Supervisors shall provide the hearing officer with
adequate office space, hearing room, equipment and materials, and such personnel as
the hearing officer requires for the proper performance and execution of his/her duties
and responsibilities in the enforcement of this Ordinance. The hearing officer's staff,
if any, shall be employees of thc County.
F. 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 of any planning and zoning
regulation, 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,
he/she shall personally serve, or cause to be served, notice to the property owner and
the alleged violator of thc violation. The notice of thc violation shall set forth the
specific nature of the violation, thc section of the County Ordinance being violated, a
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MOHAVE COUNTY ORDINANCE NO. 98-08 Page 4
specific statement of the facts constituting the alleged violation, notice of possible
penalties for the violation, procedure 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. Reinspection shall occur within 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 reinspection the inspector may, in writing, at their discretion, if they
are convinced that a reasonable attempt is being made to correct the alleged
violation(s), grant an extension of time, not to exceed 30 calendar days, for completion
of the correction(s) of the alleged violation(s) as set forth in the notice. Such 30-day
period shall commence at the time of the reinspection.
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 with the hearing officer the notice of alleged violation(s). The hearing officer shall
set a hearing date and time, not 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 violation(s).
5. Notice of the hearing date and time shall be personally served on the alleged violator
not less than five working days prior to the hearing date.
6. If the inspector is unable to personally serve the citation, because of the unavailability
of the alleged violator by reason of intentional avoidance of service or failure by the
inspector to effectuate service after a reasonable attempt to locate the alleged violator,
the citation shall be served in the same manner prescribed for methods of service by the
Arizona Rules of Civil Procedure.
G. Hearing Officer Procedure
1. Commencement. Every action or proceeding brought before the hearing officer for an
alleged violation of the Mohave County Planning and Zoning Ordinance shall be
commenced by the filing of a notarized copy of the notice of the alleged violation(s), a
notarized 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.
MOHAVE COUNTY ORDINANCE NO. 98-08 Page 5
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 ARS 11-808.
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 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 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 of all hearings, either by a reporter or audio tape, at the discretion
of the hearing officer, shall be made and kept on file at the hearing office for a
period of three years. A copy of the transcript of any hearing held by the
hearing officer shall be available to the public for a nominal fee.
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 ARS 11-808.
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.
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MOHAVE COUNTY ORDINANCE NO. 98-08 Page 6
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.
1. 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 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 ARS 11-808 (a fine up to $750 per
violation); or judgment for the alleged violator in an amount sufficient to
reimburse the alleged violator for the expenses incurred in preparation for and
appearance at the hearing.
b. At the discretion of the hearing officer, he/she may continue any hearing for a
period of not more than 60 days if it appears the interests of justice shall be
served.
MOHAVE COUNTY ORDINANCE NO. 98-08 Page 7
c. The hearing officer may, at any time, up to 180 days beginning at the date of the
decision, where it becomes clear that an injustice has been done, set aside any
decision rendered by him/her and either set a date and time for a new hearing
or dismiss the case with prejudice.
d. The alleged violator, if found responsible for the zoning violation and penalized
with a civil sanction, shall not be relieved of thc responsibility of correcting thc
prohibited condition. Unless appealed to thc Board of Supervisors within ten
working days from the date of thc hearing, thc violator shall correct thc zoning
violation(s) within 30 calendar days from the date of the hearing officer's
decision.
e. 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 thc maximum fine for a
Class 2 misdemeanor for each day the violation shall continue thereafter.
6. Appeal.
a. Any party to the hearing may appeal thc decision of the hearing officer.
b. All such appeals shall be to the Mohave County Board of Supervisors.
c. Notice of appeal shall be given to the hearing officer not more than ten working
days after the hearing officer has rendered his/her judgment. Thc notice shall
set forth all relevant facts, conclusions of law, the judgment being appealed and
the reasons therefore.
d. All appeals 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 appeal to the Board of Supervisors shall receive a refund of the bond.
e. Upon receipt of the notice of appeal the hearing officer shaH, within 30 calendar
days, prepare and transmit the complete record to the Clerk of the Board of
Supervisors and schedule the appeal before the Board of Supervisors.
f. The Clerk of the Board of Supervisors shall notify all parties of the date, time
and place of the appeal hearing, by certified mail to the last known address of
the parties, at least 10 days prior to the date of the hearing.
MOHAVE COUNTY ORDINANCE NO. 98-08 Page 8
g. All appeals to the Board of Supervisors shall be upon the record. The
Chairperson of the Board of Supervisors shall preside at all appeal hearings and
shall decide on all questions pertaining to procedure. Each party shall be
allowed five minutes to present oral arguments. Time limits may be extended
at the discretion of the chairperson. All members of the Board of Supervisors
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 of Supervisors.
h. The Board of Supervisors 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 Supervisors shall be to the
Superior Court of the State of Arizona.
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