Civil violations.
Peoria, Ariz., City Code § 11-180
in effectSec. 11-180. Civil violations.
(a) A violation of any of the following sections of this chapter shall be a civil violation subject to the provisions of this Section 11-180:
(1) Section 11-167 [manager, landlord and property owner person responsibility];
(2) Section 11-170(e),(f),(l) and (p);
(3) Section 11-173 [display of license; identification; retention and inspection of records];
(4) Section 11-174 [massage therapy log]; or
(5) Section 11-181(a)(2) [fails to pay required fee].
(b) Any responsible party, whether by admission, default, or after a hearing, found responsible for a civil violation of this chapter, shall pay a civil sanction of:
(1) Two hundred fifty dollars ($250.00) for the first violation in an eighteen (18) month period;
(2) Five hundred dollars ($500.00) for the second violation in an eighteen (18) month period; and
(3) Seven hundred fifty dollars ($750.00) for the third violation and each subsequent violation in an eighteen (18) month period.
(4) In applying the eighteen (18) month provision set forth in Section 11-180(b), the date of the commission of the offense shall be the determining factor.
(c) Each day in which a civil violation set forth in Section 11-180 continues shall constitute a separate civil offense.
(d) A civil action for violations of this chapter may be commenced by issuance of a citation by any police officer, code enforcement officer, or city employee designated by the city manager. The citation will be substantially in the form established by the city manager or designee. The citation shall be served pursuant to the Arizona Rules of Civil Procedure.
(1) The citation shall advise the responsible party of the violation(s) committed, either by written description of the violations or by designation of the Peoria City Code section violated. The citation shall direct the responsible party to, within ten (10) calendar days of the issuance of the citation, pay the civil sanction or request a hearing before the hearing officer.
(2) The hearing officer may permit amendments to the citation to correct a technical defect made in good faith.
(e) If the responsible party pays the civil sanction, 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 a responsible party served with a civil citation fails to pay the civil sanction, request a hearing, or the request for a hearing is denied in accordance with Section 11-180(f), the violation in the civil citation shall be deemed admitted and the civil sanction may be collected as any other civil judgment, fine or fee due and payable to the city.
(f) Upon receipt of a citation for a civil sanction, a person may request a hearing. The request for hearing must meet the following requirements: (i) the request must be mailed to the budget and finance director and be postmarked no later than ten (10) calendar days after the issuance of the citation; and (ii) the request must set forth the grounds upon which the person is appealing the citation. Failure to meet the aforementioned requirements shall entitle the budget and finance director to deny the request for hearing.
(g) All proceedings before a 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, unless the hearing officer determines good cause exists otherwise. The 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.
(h) If the city or responsible party is aggrieved by a decision of a hearing officer, the aggrieved party may file a complaint of special action in Superior Court to review the hearing officer's decision at any time within thirty (30) calendar days after a final decision of the hearing officer has been rendered. Failure to bring the action within thirty (30) calendar days, or such other time as is agreed upon in writing by the city and the responsible party, shall constitute a waiver of any right to judicial review.
(Ord. No. 2023-20, § 1, 12-12-23)
Source: City of Peoria, Arizona, City Code and Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/peoriaaz/latest/peoria_az/0-0-0-56846Fetched: 11/8/2026
