underline-strikeout version of the final draft ordinance - Pima County ...

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For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!A. Every new structure, building, fill, excavation, or development located or maintained withinany regulatory floodplain, riparian habitat, or erosion hazard area in violation of this title andwithout written authorization from the Board is a public nuisance per se and may be abated,prevented, or restrained by action of the state or any political subdivision of the state.B. As a further remedy, the County and the District may withhold the issuance of buildingpermits or floodplain use permits for any development or improvement on the same parcel, or ona contiguous parcel of land under the same ownership, where any improvement or developmenton the property is not in compliance with this title or any other provision of law relating to thatdevelopment.C. In order to ensure that subsequent property owners are informed of existing violations on aproperty, the District may record written notifications of violations with the Office of the CountyRecorder. This notification shall run with the land. Upon mitigation of the violation, the Districtwill record an additional notification indicating that compliance has been achieved. The Districtshall record this notice within 30 days of verifying that compliance has been achieved. (Ord.2010 FC-1, Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2Art. 7 (A) (2), (4)1988)16.64.040Remedies for damages-Actions authorized.A. In addition to other penalties or remedies otherwise provided by law, the state of Arizona, anypolitical subdivision thereof, or any person who may be damaged as a result of the diversion,retardation or obstruction of water within the regulatory floodplain, shall have the right tocommence, maintain, and prosecute any appropriate action or pursue any remedy to enjoin,abate, or otherwise prevent any person from violating or continuing to violate any provision ofthis title.B. If any person is found to be in violation of any provision of this title, the court may require theviolator to comply with this title or remove the obstruction and restore the floodplain to itsoriginal condition. (Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988FC-2 Art. 7 (A) (3), 1988)16.64.050Removal of violation authorized when.Upon written notice, the Chief Engineer may cause any structure, encroachment, obstructiondiversion, hazard or work constructed without a floodplain use permit, or which is in violationwith the terms of a permit, to be removed immediately at the expense of the person who causedthe structure, encroachment, or work; if said structure, encroachment, or work will cause animmediate danger to life and/or property. (Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1(part), 1999; Ord. 1988 FC-2 Art. 7 (H), 1988)16.64.060Recovery of administrative and other costs.The County and the District shall be entitled to recover all costs, administrative, engineering andlegal, as well as actual costs to remove or modify the structure, encroachment, and/or any otherwork in violation of this title. (Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999;Ord. 1988 FC-2 Art. 7 (I), 1988)86
For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!16.64.070 Appeal of the Final Decision and Order of Chief EngineerA. The following hearing procedures apply to an appeal of a final decision and order of the ChiefEngineer to the board of hearing review:1. The violator may appeal the final decision and order of the Chief Engineer to the board ofhearing review by providing a written request on forms approved by the District to the ChiefEngineer and the Clerk of the Board within 15 business days following receipt of the ChiefEngineer's decision.2. The written request may require technical evidence that disputes the findings of the ChiefEngineer, and contains a concise explanation of all matters in dispute including any pertinentmaps, drawings, data, or other information in support of the appeal petition. If required, thetechnical evidence must be prepared and sealed by an Arizona registered civil engineer, or formitigation plans, by an Arizona registered landscape architect or other qualified professional.3. Incomplete petitions shall not be accepted.a. The Chief Engineer shall notify the applicant within 5 working days of receipt whether or notthe application is complete.b. If the application is determined to be incomplete, the applicant shall submit additionalmaterials and information as may be determined to be reasonably necessary by the ChiefEngineer.4. The Chief Engineer shall prepare a final report and present the findings to the applicant andthe Clerk of the Board within 15 days of receipt of the petition. The applicant shall have 30calendar days to respond to the findings of the Chief Engineer. If the response includes newtechnical evidence, the Chief Engineer shall prepare a revised report, and present these findingsto the applicant and the Clerk of the Board within 30 days of receipt of the new technicalinformation.5. The board of hearing review meeting scheduled within 30 days after the Chief Engineers finalreport. After the meeting has been scheduled, no new technical information can be submitted.The board of hearing review shall meet at such times as it considers necessary for the transactionof appeals of any final decisions and orders of the Chief Engineer.6. The board of hearing review’s public hearing process shall include the following:a. A mailed notification to all parties who received the final decision and order, as well as allother parties who attended the violation hearing at which the Chief Engineer took action,b. An opportunity for property owners and residents that are impacted by the violation to makecomments on the appeal, andc. Review by the Chief Engineer of the appeal by the appellant, the final staff report, and thecircumstances and testimony presented at the hearing when such hearings are held.7. The board of hearing review shall render its decision within 30 calendar days of the close ofthe hearing.B. If a person alleged to be in violation continues the violation after the Chief Engineer hasissued a final decision and order or after the board of hearing review has completed its review,the Chief Engineer may apply for a temporary restraining order or preliminary or permanentinjunction from the superior court in accordance with the rules of civil procedure. (Ord. 2010FC-1)87
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underline-strikeout version of the final draft ordinance - Pima County ...

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