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(A) All civil actions brought in the magistrate court are governed by A.R.S. § 9-500.21 regarding the civil enforcement of municipal ordinances. The city magistrate will serve as the hearing officer for civil actions. A civil action will commence upon the filing of a complaint before the city magistrate.

(B) At the request of either party, or on the court’s own initiative, the court may order a pretrial conference between the city prosecutor and the defendant.

(C) The city prosecutor may file a standing notice of appearance for civil traffic cases. If such notice is filed, the city is not required to give notice to the court and to the defendant of its election to be represented by counsel for a civil traffic hearing, if a pretrial conference has been previously held in the case.

(D) The city magistrate may serve as the hearing officer for civil offenses of the magistrate court or the city magistrate may appoint a separate hearing officer.

(E) The hearing, rules of evidence, appeal, default and all matters associated with the violation will be conducted in accordance for those for civil traffic offenses in the state of Arizona.

(F) At the conclusion of the hearing, the hearing officer shall determine whether a violation exists, and if so, may impose civil penalties up to the maximum amount specified in A.R.S. § 9-240, as amended, and the City Code for each day a violation exists beyond the initial notice constituting a separate offense. The hearing officer may also order abatement of the nuisance pursuant to A.R.S. § 9-499, as amended. Upon a defendant’s conviction for a civil offense causing economic loss to any person, the court, in its sole discretion, may order that all or any portion of the fine imposed be allocated as restitution to be paid by the defendant to any person who suffered an economic loss caused by defendant’s conduct.

(G) If the violator does not comply with the civil enforcement action, the city may issue a criminal ticket and complaint. A civil enforcement action is not a prerequisite to the filing of a criminal action.

(H) A final decision of the hearing officer may be appealed pursuant to A.R.S. § 12-124, as amended.

(I) Rules 64 and 64.1 of the Arizona Rules of Civil Procedure shall apply to all civil violation cases.

(J) Any matter not addressed by the Arizona Rules of Court for Civil Traffic Violation cases shall be governed by the Arizona Rules of Civil Procedure. In the event of an inconsistency between a provision of this Code and a provision of either of these sets of rules, this Code shall take priority. (Ord. No. 2003-15, §§ 1, 2, 11-4-03; Ord. No. 2020-06, § 1, 12-1-20. 1976 Code § 5-3-2)