Enforcement and Penalties for Violations of the City of Mesa Zoning Ordinance
Constructing a structure or establishing a land use that violates the City of Mesa Zoning Ordinance subjects the property owner to civil citations, significant financial penalties, and potential criminal prosecution. The City of Mesa may issue fines ranging from $150 to $2,500 per violation, and habitual offenders may be charged with a Class 1 criminal misdemeanor, punishable by up to six months in jail. Furthermore, the City of Mesa maintains the authority to revoke existing permits and require the mandatory abatement or removal of any illegal structure or use [Section 11-1-4, Section 11-79-4].
Compliance and Enforcement Authority
No land in the City of Mesa may be used and no structure may be constructed, occupied, enlarged, altered, or demolished except in strict accordance with the City of Mesa Zoning Ordinance [Section 11-1-4]. The City of Mesa Development Services Department and the City Manager are authorized to identify, abate, remove, and enjoin any uses, structures, or buildings deemed in violation of the ordinance [Section 11-79-1].
Enforcement actions typically begin with the issuance of a citation for civil sanctions by the City Manager or a designee. For criminal prosecution of habitual offenders, the Mesa City Prosecutor may issue a formal complaint [Section 11-79-2].
Civil Violations and Financial Penalties
The City of Mesa classifies zoning violations as civil offenses unless the violator is a habitual offender. A Civil Hearing Officer is responsible for hearing these cases and entering judgments [Section 11-79-3].
Financial penalties for violating the City of Mesa Zoning Ordinance are structured as follows:
| Violation Status | Minimum Penalty | Maximum Penalty |
|---|---|---|
| First Responsibility | $150 | $1,500 |
| Second Finding (within 24 months) | $250 | $2,500 |
| Third Finding (within 36 months) | $500 | $2,500 |
Note: These penalties are per citation, and the court may also order the payment of applicable fees and charges set forth in the City's Development and Sustainability Department Schedule of Fees and Charges [Section 11-79-4].
Criminal Prosecution and Habitual Offenders
The City of Mesa may escalate zoning violations to criminal charges if a person commits three or more civil violations within a 24-month period. Such individuals are classified as habitual offenders [Section 11-79-5].
| Prosecution Detail | Potential Sentence/Fine |
|---|---|
| Classification | Class 1 Criminal Misdemeanor |
| Incarceration | Up to 6 months in jail |
| Individual Fine | Minimum $500 per count (upon conviction) |
| Maximum Fine | Up to $2,500 |
| Probation | Permitted at the judge's discretion |
Revocation of Permits
If a property owner in the City of Mesa violates the terms or conditions of an approved discretionary permit, the City of Mesa may initiate revocation proceedings. This applies to several permit types, including [Section 11-67-11]:
- Council Use Permits (CUP)
- Special Use Permits (SUP)
- Development Incentive Permits (DIP)
- Substantial Conformance Improvement Permits (SCIP)
Revocation may occur if the City of Mesa finds that the permit was obtained through misrepresentation, the use has ceased for one year or more, or the use is being conducted in a manner detrimental to public safety and welfare [Section 11-67-11].
Exercising Approval at Risk
If a property owner in the City of Mesa begins construction based on a permit or variance that is currently under appeal, they do so at their own "sole risk." If the appeal is successful and the decision is reversed or modified, the City of Mesa may revoke the construction permit and require the removal or cessation of the work [Section 11-67-8].
Abatement and Removal of Nuisances
The City of Mesa considers illegal or nonconforming signs and structures to be public nuisances. If a property owner fails to comply with a notice to repair or remove a violation, the City Manager may authorize the City of Mesa to remove the sign or structure and recover the costs of removal from the owner [Section 11-49-4]. For structures that create an immediate threat to public safety, the City of Mesa may act without prior notice [Section 11-49-4].
Sections Cited
- Section 11-1-4: General Rules for Applicability of Zoning Regulations
- Section 11-49-4: Removal of Signs
- Section 11-67-8: Effective Dates (Exercising Approval at Risk)
- Section 11-67-11: Revocation of Permits Approved Through a Public Hearing Process
- Section 11-79-1: Purpose (Enforcement)
- Section 11-79-2: Commencement of an Action
- Section 11-79-3: Civil Violations and Citation
- Section 11-79-4: Civil Penalties
- Section 11-79-5: Habitual Offender