1.7.B Civil Citation Authority | Sedona Land Development Code

B. Civil Citation Authority

a. In the alternative and in the sole discretion of a peace officer or the Code Enforcement Officer, an action for violation of this Code, any amendment hereto, or any order or regulation made hereunder, including the failure to act or perform any duty so required, may be commenced by issuance of a civil citation. Each day that any violation continues shall be a separate offense subject to civil sanction or criminal penalty.

b. The civil citation will be substantially in the same form and format as the Arizona Traffic Ticket and Complaint standard form and shall direct the defendant to appear in Sedona Magistrate Court at a time certain. The time for appearance will be specified on the face of the citation and will be in compliance with all Sedona Magistrate procedures.

c. The citation will further notify the defendant that if he fails to appear on or before the date specified in the complaint, a judgment by default will be entered against him and the court may, in its discretion, impose a civil sanction as provided for by law.

d. Service of the citation may be accomplished and will be deemed proper and complete by any of the following methods:

1. By having the defendant sign the citation with the promise to appear in court on or before the date specified on the face of the citation;

2. If the defendant refuses to sign the citation, then the officer shall hand-deliver a copy of the citation to the defendant and note on his copy of the citation the date and time of hand-delivery to the defendant;

3. By mailing a copy of the citation to the person charged by certified or registered mail, return receipt requested, to the person’s last known address;

4. In the event that service cannot be accomplished as set forth in subsections B(1)(d)(1), (2), or (3) of this subsection, the defendant may be served by any means contemplated or allowed by the Arizona Rules of Civil Procedure or the Arizona Rules of Practice for the Superior Court.

Any peace officer of the Sedona Police Department or the Code Enforcement Officer may issue a civil citation pursuant to this section.

The defendant shall appear within the time specified on the face of the citation in person or through his attorney. Appearance shall be at the Sedona Magistrate Court in Sedona, Arizona. At the time of appearance, the defendant shall either admit or deny the allegations contained in the citation. In the event the defendant admits the allegations, the court shall enter judgment against the defendant and, in its discretion, may impose a civil sanction as provided for by law. If the defendant denies the allegations contained in the citation, the court shall set a date for the trial of the matter.

a. If the defendant fails to appear as directed on the citation, the court may enter a default judgment and may, in its discretion, impose a civil sanction as provided for by law.

b. If the defendant fails to appear for the trial, the defendant’s failure to appear shall constitute an admission of the offense and the court shall enter judgment against the defendant and may, in its discretion, impose a civil sanction as provided for by law.

The Arizona Rules of Court for Civil Traffic Violations may be followed by the Sedona Magistrate Court for civil citation proceedings under this section except as modified or where inconsistent with the provisions of this section, local rules, Arizona Revised Statutes, or Rules of Court for courts in the state of Arizona.

Any judgment for civil sanction taken pursuant to this section may be collected as any other civil judgment. Such collection shall be in accordance with the common law of the state of Arizona, Arizona Revised Statutes, and all other applicable rules and regulations. Said sanctions are subject to any exemptions contained in the laws of the state of Arizona.