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Current as of March 08, 2022 | Updated by FindLaw Staff
A city or town that classifies ordinance violations as civil offenses shall establish procedures to hear and determine these violations that may include:
1. Filing of a complaint before a hearing officer. The city or town magistrate may serve as a hearing officer or the city or town may appoint a separate hearing officer.
2. Timely notice of the citation to the violator. If the city or town 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 or by certified or registered mail, return receipt requested.
3. Procedures for the hearing, record on appeal, default by a defendant and rules of evidence that generally comply with those for civil traffic offenses.
4. Imposition of a civil penalty. At the conclusion of the hearing, the hearing officer shall determine whether a violation exists and, if so, may impose civil penalties of up to the maximum amount specified in § 9-240 for ordinance violations for each day a violation exists beyond the initial notice constituting a separate offense. The hearing officer may also order abatement of the violation pursuant to § 9-499.
5. A provision that if the violator does not comply with a civil enforcement action, the city or town may file a criminal charge. A civil enforcement action is not a prerequisite to the filing of a criminal charge.
6. Judicial review of the final decisions of the hearing officer pursuant to § 12-124.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 9. Cities and Towns § 9-500.21. Civil enforcement of municipal ordinances - last updated March 08, 2022 | https://codes.findlaw.com/az/title-9-cities-and-towns/az-rev-st-sect-9-500-21/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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