CIVIL VIOLATIONS AND CITATION

Mesa City Code § 8-6-8

in effect

8-6-8: - CIVIL VIOLATIONS AND CITATION (A) A civil action for violations of this Chapter may be commenced by issuance of a citation. (5124, 5480) (B) The citation will be substantially in the form established by the City Manager or designee. The citation shall advise the responsible party of the violation(s) committed, either by written description of the violations or by designation of the City Code section that was violated. The citation shall direct the responsible party to pay the civil sanction and all applicable fees in accordance with Section 8-6-9 of this Chapter within the time period specified on the citation or to appear before the Civil Hearing Officer within the time period specified on the citation and admit or deny the allegations contained in the citation. The Civil Hearing Officer may permit amendments to the citation if substantial rights of the responsible party are not thereby prejudiced. The citation shall be served in accordance with Section 8-6-8(H). However, in a violation involving Section 8-6-3(L) of the Mesa City Code, a citation may be served upon the owner or owners of the vehicle, the registered owner or owners of the vehicle, or the operator or person who parked or placed the vehicle where the violation occurred by attaching a copy of the citation to the vehicle. (5124, 5480) (C) The responsible party shall, within the time period specified on the citation or within 10 calendar days of the issuance of the citation, whichever is greater, either pay the civil sanction and the fees, or appear in person, or through an attorney or by email to the designated clerk of the Civil Hearing Office and admit or deny the allegations contained in the citation. (5124, 5480) 1. If the responsible party timely pays the civil sanction and the fees, either in person or by mailing payment to the City, the allegations in the citation shall be deemed admitted and such person shall be deemed responsible for having committed the offense(s) described in the citation. If the responsible party appears in person, through an attorney or by email and admits the allegations, the Civil Hearing Officer shall enter judgment against the responsible party in the amount of the civil sanction, plus any applicable fees designated in Section 8-6-9; or (5124, 5480) 2. If the responsible party appears in person, through an attorney or by email and denies the allegations contained in the citation, the matter shall be set for a hearing. (5124, 5480) (D) If a person served with a citation fails to pay the civil sanction and the fees or to file on or before the time directed on the citation or appear at the time set for hearing, the allegations in the complaint shall be deemed admitted, and the Civil Hearing Officer shall enter a finding of responsible and a judgment for the City and impose the appropriate sanctions and fees. (5124, 5480) (E) All proceedings before the Civil Hearing Officer shall be informal and without a jury, except that testimony shall be given under oath or affirmation. The technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. If the allegations in the citation are denied, the City is required to prove violations of this Chapter by a preponderance of the evidence. No prehearing discovery shall be permitted, except under extraordinary circumstances as determined by the Civil Hearing Officer. The Civil Hearing Officer is authorized to make such orders as may be necessary or appropriate to fairly and efficiently determine the truth and decide the case at hand. (5124, 5480) (F) Any person aggrieved by a decision of the Civil Hearing Officer, at any time within 30 calendar days after a final judgment has been rendered, may file a complaint of special action in Superior Court to review the Civil Hearing Officer's decision. Filing the complaint does not stay proceedings on the decision sought to be reviewed, but the court may, on application, grant a stay and on final hearing, affirm or reverse, in whole or in part, or modify the decision reviewed. (5124, 5480) (G) Any civil judgment issued pursuant to this Article shall constitute a lien against the real property of the responsible party that may be perfected by recording a copy of the judgment with the Maricopa County Recorder. Any judgment issued pursuant to this Article may be collected as any other civil judgment. (5124, 5480) (H) Citations issued under this Chapter shall be served in compliance with A.R.S. § 9-500.21 as follows: (5480) 1. First, by personal service as described in the procedures set forth Arizona Rules of Civil Procedure, Rule 4.1 by: (5480) a. A Code Compliance Officer; or b. A City of Mesa sworn police officer; or c. The City Manager or designee. 2. If the citation cannot be personally served, the citation shall be served as follows: (5480) a. By certified or registered mail, return receipt requested; or b. By publication, in the same manner prescribed by the Arizona Rules of Civil Procedure. Before the date of the first publication, the citation shall be mailed, by certified or registered mail, return receipt requested, or by any other mail or delivery service that allows the sender to track the progress and confirm the delivery of the citation.

Source: City of Mesa, Arizona, Mesa City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/mesa/codes/code_of_ordinances?nodeId=COOR_TIT8HESAEN_CH6PUNUPRMANEPRANRE_ARTIIIEN_8-6-8CIVICIFetched: 11/1/2026