§ 9-38. Cease and desist order; hearing; injunctive relief.

(a)

If the director has reason to believe that a person is violating or has violated this article, the director may give the person written notice by certified mail that the person may appear and show cause at a hearing to be held at least thirty (30) days from the date of mailing the notice why the person should not be ordered to cease and desist from the violation. The notice shall inform the person of the date, time and place of the hearing and the consequences of failure to appear.

(b)

After a hearing pursuant to subsection (a) of this section, or after the expiration of the time to appear, the director shall issue a decision and order. The decision and order may take such form as the director determines to be reasonable and appropriate and may include a determination of violation, a cease and desist order, a recommendation of a civil penalty and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The person affected may appeal the decision to superior court in the county in which the violation is alleged to have occurred.

(c)

If the person continues the violation after the director or local official has issued a final decision and order pursuant to subsection (b) of this section, the city may apply for a temporary restraining order or preliminary or permanent injunction from the superior court according to the Arizona Rules of Civil Procedure. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.

(Ord. No. 1793, § 1, 14-12-93)