Arizona Laws 36-183.05. Violations; injunctive relief; civil penalties; consent decrees
A. If the director of a local health department, county environmental department or a public health services district has reasonable cause to believe that a person is violating this article, any sanitary ordinance or regulation adopted or order issued pursuant to this article or an order issued pursuant to section 36-602, the director through the county attorney may file an action in the superior court:
Terms Used In Arizona Laws 36-183.05
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Department: means the department of health services. See Arizona Laws 36-101
- Director: means the director of the department of health services. See Arizona Laws 36-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
1. For a temporary restraining order, a preliminary or permanent injunction or any other appropriate relief necessary to enjoin the person from further violations and to protect public health or the environment.
2. To compel compliance with a nuisance abatement order or a compliance order, including the collection of civil penalties assessed under that order.
3. For civil penalties of not to exceed one thousand dollars a day but not more than ten thousand dollars for each violation.
B. In determining the amount of a civil penalty under this section, the court shall consider all of the following:
1. The seriousness of the violation.
2. As an aggravating factor only, any economic benefit that results from the violation.
3. The history of that violation.
4. The economic impact of the penalty on the violator.
5. Any good faith efforts to comply with the applicable requirements.
6. The duration of the violation as established by any credible evidence.
7. Payment by the violator of penalties previously assessed for the same violation.
8. Other factors affecting the public health and safety the court deems relevant.
C. The director of the local health department, county environmental department or a public health services district shall deposit all penalties collected pursuant to this section in the general fund of the county where the action was filed.
D. The director of a local health department, county environmental department or a public health services district may settle any action filed pursuant to this section by submitting a consent decree that is agreed to by the parties for approval by the superior court.