Sec. 5C-20. Enforcement of public safety violations; civil sanctions.
A. Authority and administration. The City Manager is authorized to issue notices of violation of this chapter and may take those measures necessary to promote, preserve, and protect public health, safety, and welfare within the local public right-of-way. The City Manager will issue a warning for the first violation by a provider under this section. Except for facilities that have not been maintained as required by this chapter, the City Manager may not issue a notice of violation under subsection (B)(3) or (B)(4) of this section for small wireless facilities that have been subject to an installation safety review. The City Manager will issue notice to the provider’s emergency contact listed in the master license agreement.
B. Civil sanctions. The following violations may result in a civil sanction. The amount of the civil sanction listed is the amount per day for a violation prior to commencement of an action as provided in this section.
|
Sanction per Day |
Violation Description |
|---|---|
|
$1,000 |
1. Failure to take necessary steps to protect, promote public safety within 24 hours after notice or failure to cure within five business days after notice of an act, error, or omission by provider, its agents, employees, or contractors that causes an imminent risk of death, harm, or injury to persons or property. |
|
$1,000 |
2. Unauthorized use of facilities as provided in Section 5C-4(F). |
|
$1,000 |
3. Failure to remove facilities from the sight visibility triangle as provided in Section 31-13 within five business days after notice. |
|
$800 |
4. Failure to cure within five business days after notice small wireless facilities that exceed authorized noise or radio frequency levels. |
C. Suspension of license.
1. In addition to or in place of these civil sanctions, the City Manager may suspend for five business days the subject master license and site license agreements.
2. In addition, the City Manager may suspend for five business days the subject master license and site license agreements for a provider’s failure to cure within five business days after notice of false, incomplete, mistaken, misleading or inaccurate information or certification used by provider, its agents, employees, or contractors to obtain a license, permit, or agreement under this chapter.
D. For continuing violations within a 24-hour period, each calendar day shall be considered a separate period for purposes of recovery of civil sanctions.
E. Civil action for violations.
1. These remedies are cumulative and the City may proceed under one or more remedies.
2. Any party who causes, permits, facilitates, or aids or abets any violation of any provision of this section or who fails to perform any act or duty required by this section is subject to a civil sanction of not less than $800.00 nor more than $1,000.00. The $800.00 minimum sanction may not be waived.
3. Each day any violation of any provision of this section or the failure to perform any act or duty required by this section exists shall constitute a separate violation or offense.
4. Any civil action to enforce a civil sanction imposed pursuant to this section will be commenced and summons shall be issued in accordance with the procedures set forth in the A.R.S., City ordinance or as provided in the local rules of practice and procedure, City Court, City of Phoenix.
5. Any party may appeal the judgment of the City Court to the Superior Court. Appeals from civil proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure, Civil. Execution of any judgment shall be stayed pending appeal when the defendant posts an appeal bond in accordance with the order of the trial court, or when no bond is fixed and a notice of appeal has been filed.
6. A civil citation or complaint brought pursuant to this section shall be served within one year of the offense.
F. Jurisdiction of Court.
1. Jurisdiction of all proceedings to enforce the provisions of this section relating to civil sanctions shall be in the Municipal Court of the City of Phoenix.
2. Civil actions to enforce this section may be adjudicated by a judge or a Court hearing officer.
G. Admission or denial of allegation; hearing; findings of Court; civil sanction.
1. A party served with a civil citation or complaint shall appear at the time and place stated in the citation or summons, or may appear prior to the time and admit or deny the allegations of the complaint. Allegations not denied at the time of appearance are deemed admitted.
2. If the allegations are admitted, the Court shall enter judgment for the City and impose a civil sanction.
3. If the party denies the allegations, the Court shall set the matter for hearing. Civil hearings are informal and held without a jury, and the City is required to prove the violation charged by a preponderance of the evidence. Technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. If the person elects to be represented by counsel, the person shall so notify the Court at least ten days prior to the hearing date. Hearings may be recorded. If the Court finds in favor of the party, the Court shall enter an order dismissing the citation or complaint. If the Court finds in favor of the City, the Court shall enter judgment for the City and impose a civil sanction.
4. If the party served with a civil citation or complaint fails to appear on or before the time directed to appear or at the time set for hearing by the Court, the allegations shall be deemed admitted and the Court shall enter judgment for the City and impose a civil sanction.
5. Failure of a party to pay a civil sanction upon final adjudication of the civil action as provided by law shall result in the automatic termination of the license and any such party will be prohibited from obtaining additional licenses or permits until all outstanding civil sanctions have been dismissed or paid in full. (Ord. No. G-6407, 2018)