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A. Criminal Penalties.

1. Any person, as defined in the Building Code, Section 202, who violates any provision of this chapter shall be guilty of a Class 1 misdemeanor, punishable as set forth in this code and state law.

2. Each failure to obtain a required permit clearance, certification, review, approval or inspection shall constitute a separate violation.

B. Civil Penalties.

1. Any person, as defined in the Building Code, Section 202, or enterprise, as defined pursuant to A.R.S. § 13-105, who violates any provision of this chapter shall be subject to a civil penalty, as an alternative method of enforcing this chapter.

2. No person shall be subject to a criminal penalty for a violation enforced under the civil penalty provisions of this section.

3. The amount of the civil penalty for the violation of this chapter shall be determined by the city magistrate, subject, however, to the directions of the city council which may, but is not required to, establish a schedule of such penalties. Said penalties shall not exceed the amount of one thousand dollars ($1,000.00) for an individual or ten thousand dollars ($10,000) for an enterprise for each offense.

4. Any person alleged to be subject to a civil penalty under this section shall be entitled to an administrative hearing regarding their liability and a review of that decision by the city council if requested in writing within seven days of the decision at the administrative hearing. The administrative hearing shall take place before the city magistrate, subject to any rules of procedure for the same as may be adopted by the city council from time to time.

C. Other Methods of Enforcement. The city council, the city attorney, the building official, or any adjacent or neighboring property owner who shall be especially damaged by the violation of any provision of this chapter, may initiate other remedies provided by law (e.g., an injunction, writ of mandamus, abatement) or any other appropriate action, proceeding or proceedings to prevent, abate or remove such violation of this chapter.

D. Separate Offenses. Any person, firm, corporation or other enterprise as defined above violating this chapter shall be deemed guilty of a separate offense for each and every day during which a violation of the provisions of this chapter is committed, continued or permitted. [Code 2004 § 7-1-10; Ord. 18-08 § 1; Res. 18-23.]