ENV SERVICES DELEGATION RESOLUTION.DOCX
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RESOLUTION
C-19-24-014-X-00
RESOLUTION OF DELEGATION OF AUTHORITY
TO COMPROMISE CLAIMS
BY THE MARICOPA COUNTY ENVIRONMENTAL SERVICES DEPARTMENT
WHEREAS, the Board of Supervisors of Maricopa County (County) has organized and
staffed the Maricopa County Environmental Services Department (Department) for the
purpose of administering and enforcing the Maricopa County Environmental Health Code,
Arizona Administrative Code, and Arizona Revised Statutes (collectively, Regulations)
within the County’s jurisdiction; and,
WHEREAS, the primary goal of any enforcement action by the Department is to bring the
violating property and violator into compliance with the Regulations; and,
WHEREAS, in connection with the enforcement of the Regulations, the Department is
authorized to administer a civil hearing process that often results in the issuance of orders
for payment of penalties to the County by violators of the Regulations; and,
WHEREAS, the Board of Supervisors finds that it is in the best interest of the County to
develop new processes and procedures to expedite compliance with these Regulations,
which compliance is often hampered by the amount owed as penalties for violations; and,
WHEREAS, pursuant to A.R.S. §§ 11-251 (1) and (14), the Board desires to delegate
and empower the Director of the Department, or the Director’s designee, with certain
duties, powers, and authority, all as more fully set forth below, in furtherance of expediting
the process of making properties or violators that are out of compliance with the
Regulations comply with the Regulations.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby delegates
to the Director of the Department, or the Director’s designee, all necessary legal authority
to collect money owed to the Department and/or the County for unpaid penalties for
violation of the Regulations.
BE IT FURTHER RESOLVED that the Board of Supervisors hereby delegates to the
Director of the Department, or the Director’s designee, all necessary legal authority to
resolve any violation matters that are not in litigation, and to compromise the amount of
any civil penalty imposed for such violation of the Regulations.
BE IT FURTHER RESOLVED that this authority be and is limited to matters in which the
amount of accumulated civil penalty is not in excess of one hundred thousand dollars
($100,000.00) for any one claim.
BE IT FURTHER RESOLVED that nothing in this Resolution shall be construed as a
delegation of the authority of the Board of Supervisors to initiate or manage any litigation
that has been filed in superior court or the federal district court, including the settlement
thereof, whether the County be named as plaintiff or defendant.
ADOPTED by the Maricopa County Board of Supervisors, this ____ day of _________
2023.
Clint Hickman, Chairman
Attest:
___________________________
Juanita Garza Date
Clerk of the Board
__________________________
Deputy County Attorney
Date