The Rules of Procedure for the Gila County Hearing Officer are adopted pursuant to the authority granted to Gila County in A.R.S. 48-3601 through 3628 (Unauthorized Development within the Floodplain); A.R.S. 49-141 (Unhealthy Conditions Causing Environmental Nuisance); A.R.S. 11-808 (Establish Civil Penalties for Zoning Violations) and A.R.S. 11-866 which allows A.R.S. 11-808 to be utilized in enforcing Building Codes.

 The responsibility of the Code Enforcement Division is to enforce the regulations outlined in the Gila County Development Codes.


1) Initial Complaint
  
Once a signed or anonymous written complaint is received, it is researched for location, ownership, zoning, floodplain, permits, septic clearance and jurisdiction.  Several questions are answered in this phase:

 

 

 After the initial complaint is researched, it is assigned to a Code Enforcement Officer by geographic location within the County. Staff consists of two Code Compliance Officers and one Code Compliance Supervisor assigned to the Code Enforcement Department.

 

 

 

 An initial site inspection is conducted on each complaint, usually within five (5) days of receipt, which validates the violation(s) listed in the complaint.  If a violation is observed on the property, the inspector when applicable and possible leaves a copy of the inspection report on site and the investigation continues.  If no violation is observed the case is closed.

 

 

 

 If an inspection reveals that a violation exists, the inspector (officer) will prepare a case file comprised of the violation activity and summary of the inspection that was conducted. A thirty (30) day letter is prepared and mailed to the property owner with specific instructions to take specific measures to bring the property into compliance. The property owner is advised that another site inspection will be performed within 30 days, to verify that the violation has been corrected. If an inspection is conduced after 30 days and the inspection reveals that a violation exists, a Notice and Order to Comply is mailed to the property owner.

 

 

After a Notice and Order to Comply inspection is made and the property is still on violation, the property owner may be summoned before the Hearing Officer for a civil hearing.  At this hearing, the determination is made as to whether the property is in violation of the Gila County Development Codes.  If the property owner is found responsible, a civil sanction, or monetary fine may be imposed.  The Defendant is sent a copy of the judgment against him. At this point in the process, the Hearing Officer gives the order to the Code Compliance Department to conduct future inspections to verify that the property owner comes into compliance. If the Defendant does not comply, Arizona Revised Statutes authorizes the Gila County Development Code Violation Hearing Officer to impose fines up to $700.00 per day for continuing violation for an individual person and up to $10,000 per violation per day for enterprises. 

 

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