1-8-3 Civil Penalty Provisions | Fountain Hills Town Code

Section 1-8-3 Civil Penalty Provisions

A. Any person found responsible for violating any provision of this code, whether by admission, default, or after a hearing, except as otherwise provided, shall pay a civil sanction of not less than two hundred fifty dollars ($250.00) or more than seven hundred fifty dollars ($750.00). A second finding of responsibility within twelve (12) months of the commission of a prior violation of the same provisions of this code shall result in an enhanced civil sanction of not less than five hundred dollars ($500.00) or more than $1,500.00. A third finding of responsibility within twelve (12) months of the commission of a prior violation of the same provisions of this code may result in an enhanced civil sanction of not less than $1,000.00 or more than $2,500.00. In lieu of the enhanced civil sanction, a third finding of responsibility within twelve (12) months of the commission of a prior violation of the same provisions of this code may result in criminal misdemeanor charges pursuant to subsection (F) of this section, Recidivist Properties/Persons. For purposes of calculating the twelve (12) month period, such period shall begin on the date of the first offense. In addition to the civil sanction, the responsible party shall pay the applicable fees and charges set forth by the Fountain Hills Court. Each day that a violation continues constitutes a separate offense punishable as herein provided.

B. Unless otherwise specified, written notice and/or civil citation may be issued for the failure to do or perform any act required by this code.

1. The Town may seek voluntary compliance with the provisions of this code before issuing a civil citation or criminal compliant, as applicable. This shall include a written notice of violation given to the responsible party.

2. A notice of violation may be issued by the Town Manager or authorized designee.

3. The notice of violation shall set forth the nature of the violation, a reference to the sections(s) violated, the action required to come into compliance with the provision of the code, the time period provided to come into compliance, and the person at the Town to contact for further information.

4. The Town shall use reasonable efforts to ensure that notices of violation are received by the responsible party; provided, however, failure of the responsible party to receive a notice of violation shall not preclude the subsequent issuance of a civil citation or criminal complaint, as applicable.

5. Nothing in this Section shall prevent the Town from taking immediate action to protect the public from an imminent hazard to health or safety as otherwise provided by law.

1. Unless otherwise designated as a criminal offense, if a violation continues past the compliance time set forth in the notice of violation, a civil citation may be issued to the person or entity responsible for the violation.

2. A civil citation may be issued by the Town Manager or authorized designee.

3. The civil citation shall include the date of the violation, a reference to the sections(s) violated and, if applicable, the location of the property or site at issue.

4. When applicable, the civil citation shall direct the defendant to pay the fine imposed pursuant to subsection 1-8-3(E) below or appear in the Fountain Hills Municipal Court on the date noted on the citation, which date shall not be less than ten (10) days after citation issuance.

5. The civil citation shall provide notice that if the defendant fails to pay the fine or appear in the Fountain Hills Municipal Court as directed, a default judgement will be entered in the amount of the fine specified by the presiding judge for the violation. In addition, a default fee may be imposed for failure to appear.

6. Service of the citation may be accomplished and will be deemed proper and complete by any of the following methods:

a. Hand-delivering the citation to the defendant. If the defendant is a business, service may be by hand delivery to the business owner, any adult manager of the business, or any adult employee of the business.

b. Mailing a copy of the citation by certified or registered mail, return receipt requested, to the defendant’s last known address. If the defendant is a business, service may be by certified or registered mail, return receipt requested, to the current business address.

c. For vehicle-related violations, by affixing the citation to the vehicle owned by the defendant which constitutes the parking, location or abandonment offense charged in the citation.

d. Any means allowed by the Arizona Rules of Civil Procedure for the Superior Courts of Arizona.

1. A person or entity convicted of a violation of the code pursuant to this Section, unless otherwise specified, shall be punishable by a base fine of not more than $500.

2. Any defendant who fails to pay the fine or appear in the Fountain Hills Municipal Court as directed by a citation issued pursuant to this Section, or who fails to appear at the time and place set for trial of a matter arising under this Section, shall be subject to an additional default fee in an amount established by the Fountain Hills Municipal Court.

3. Any judgments issued by the Fountain Hills Municipal court shall be subject to all surcharges and fees imposed by state law in addition to the base civil fines required by this Section.

4. Judgments shall be collected in the same manner as any other civil judgment as provided by law.

1. The recidivist process is designed to provide relief via an expedited enforcement process for problems with persons or entities who repeatedly violate any provision of this code or Town ordinance and who have demonstrated an unwillingness to comply with this Section 1-8-3. Any violation of this chapter, whether initially deemed civil or criminal in nature, which is committed by a person deemed a recidivist as set forth in subsection 1-8-3(F)(2) below, may be deemed a misdemeanor and may be addressed as set forth in subsection 1-8-2(A) above.

2. A person or entity may be deemed a "recidivist" if such person or entity has been issued a notice of violation and/or civil citation, and/or criminal charges filed over two times within the last one-year period relating to violations of the same provisions of this code.

3. To address frequently occurring violations on recidivist parties or entities, the Town Manager or authorized designee may initiate noncomplaint based inspections/code enforcement on recidivist parties or entities after case resolution to check for a recurrence of the same violation(s).

4. Cases for which the persons or entities involved have been designated a recidivist shall be submitted to the Town Prosecutor for further action consistent with this chapter.

G. The penalties set forth in this aection shall be in addition to any penalty, fine, fee assessment or surcharge that may be assessed pursuant to state law. (2021-29, Amended, 09/21/2021; 21-14, Amended, 09/21/2021; 15-01, Amended, 03/19/2015; 12-02, Added, 03/01/2012)