Section R17-3-508. Unauthorized Encroachments; Enforcement Actions

A.      An encroachment is unauthorized if:

1.        A permittee fails to comply with the permit requirements,

2.        A permittee provides false or inaccurate information on the encroachment permit application,

3.        A person or entity fails to obtain an encroachment permit, or

4.        The encroachment is unauthorized under R17-3-502(C).

B.       An encroachment owner shall remove any unauthorized encroachment at the owner’s own cost.

C.      After considering the totality of the circumstances and in con- sultation with the Office of the Attorney General, the Depart- ment may refer a matter to the Office of the Attorney General according to A.R.S. §§ 28-7053 and 28-7054 for:

1.        Enforcement against the owner of an unauthorized encroachment, or

2.        Recovery of costs from the encroachment owner for the Department removing an unauthorized encroachment if the encroachment owner fails to remove the unauthorized encroachment.

Historical Note

New Section made by final rulemaking at 10 A.A.R.

5202, effective February 5, 2005 (Supp. 04-4).