Civil violation time limits

[Barry Lane]

The City of Phoenix, Arizona is threatening to issue a civil violation complaint for a zoning violation. The zoning violation is encroachment of a structure to a property line. It is a setback violation. The structure does encroach but has been in place for 18 years. It has been unconcealed and is readily visible from the street. Over the years numerous city inspectors have made inspections on this home and homes of immediate neighbors(this is documented) but have never taken action or even mentioned the encroachment violation. Per the city inspector they never take action on this violation unless a citizen complaint is filed.

Question: Is there a time limit (Statute of Limitations) for issuing a civil violation complaint? In Arizona, is time limits on civil violations the same as misdemeanors? The time limit for misdemeanor violations in Arizona is as follows:

"A.R.S. 13-107.B: Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods after actual discovery by the state or the political subdivision having jurisdiction of the offense or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs:

2. For a misdemeanor, one year."

As a defense I am hoping the portion, "discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs," applies.

I appreciate your time.

Barry Lane

[msgny]

Sue them for the damages that you have incurred relying on years of inspections etc.