Bill Text: AZ HB2705 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Vacant; abandoned buildings; ordinances
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2020-02-13 - House GOV Committee action: Do Pass, voting: (8-3-0-0-0-0) [HB2705 Detail]
Download: Arizona-2020-HB2705-Introduced.html
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REFERENCE TITLE: vacant; abandoned buildings; ordinances |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2705 |
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Introduced by Representatives Shope: Campbell, Cook, Payne, Senator Pratt
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AN ACT
providing for TRANSFERRING and renumbering; amending section 9-500.21, arizona revised statutes; amending title 9, arizona revised statutes, by adding chapter 14; relating to property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Transfer and renumber
Section 9-499, Arizona Revised Statutes, is transferred and renumbered for placement in title 9, chapter 14, article 1, as section 9‑1461.
Sec. 2. Section 9-500.21, Arizona Revised Statutes, is amended to read:
9-500.21. Civil enforcement of municipal ordinances
A city or town that classifies ordinance violations as civil offenses shall establish procedures to hear and determine these violations that may include the following:
1. Filing of a complaint before a hearing officer. The city or town magistrate may serve as a hearing officer or the city or town may appoint a separate hearing officer.
2. Timely notice of the citation to the violator. If the city or town is unable to personally serve the notice, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure or by certified or registered mail, return receipt requested.
3. Procedures for the hearing, record on appeal, default by a defendant and rules of evidence that generally comply with those for civil traffic offenses.
4. Imposition of a civil penalty. At the conclusion of the hearing, the hearing officer shall determine whether a violation exists and, if so, may impose civil penalties of up to the maximum amount specified in section 9‑240 for ordinance violations for each day a violation exists beyond the initial notice constituting a separate offense. The hearing officer may also order abatement of the violation pursuant to section 9‑499 9-1461.
5. A provision that if the violator does not comply with a civil enforcement action, the city or town may file a criminal charge. A civil enforcement action is not a prerequisite to the filing of a criminal charge.
6. Judicial review of the final decisions of the hearing officer pursuant to section 12‑124.
Sec. 3. Title 9, Arizona Revised Statutes, is amended by adding chapter 14, to read:
CHAPTER 14
PROPERTY
ARTICLE 1. VACANT AND ABANDONED BUILDINGS
9-1462. Registration; inspection and maintenance requirements; fees; administration; enforcement; definitions
A. The governing body of a city or town may adopt, implement and enforce an ordinance that establishes registration, inspection and maintenance requirements for a building that is vacant or abandoned for more than one hundred fifty days.
B. The ordinance must include all of the following:
1. Registration requirements, including the name, residence or business address, telephone number and email addresses of each owner of the vacant or abandoned building. An owner residing outside of this state must provide the name and address of a person who resides in this state who is authorized to accept service of process and notices on behalf of the owner and who is designated as a responsible local party or agent for the purposes of notification in the event of an emergency.
2. Property standards for vacant or abandoned buildings that require the owner to secure the property, ensure buildings are structurally sound, maintain utility connections required for fire protection and security, maintain all structures, fences and yards pursuant to the city or town code and maintain the building and property in a sanitary, safe and secure manner.
3. Requirements that a vacant or abandoned building be inspected. When carrying out inspections, the city or town shall comply with the requirements of section 9-833. The city or town may require the owner to make a request for inspection. The city or town inspector must examine whether the vacant or abandoned building is secure from trespassers, is safe for entry by firefighters and police officers in an emergency, presents a hazard to the public or impedes efforts to rehabilitate or maintain surrounding properties. A vacant or abandoned building that is a hazard to public health and safety is subject to section 9-1461 and applicable city or town code. If the owner fails to request a required inspection or refuses to consent to an inspection initiated by the city or town or it is not possible to reasonably obtain consent from the owner, the city or town shall obtain a search warrant for the inspection of the vacant or abandoned building or property in compliance with title 13, chapter 38, article 8. If a vacant or abandoned building is owned by more than one person, consent for inspection may be obtained from any one of the owners.
4. Notice provisions for registration, inspection and maintenance requirements and assessment of fees or other penalties. The city or town must provide notices in writing by certified mail to the last known address of the owner or the address to which the tax bill for the property on which the building is located was last mailed. The notice shall include the legal description of the property, the fee owed to the city or town pursuant to this section and any penalty if the owner does not comply.
5. Requirements for the owner to provide proof of an insurance policy that shows sufficient liability coverage for the vacant or abandoned building.
6. An appeal process for the owner to challenge any determination made pursuant to the ordinance. The owner may appeal the final decision by the city or town to the superior court of the county in which the property is located within thirty days after the decision is rendered.
C. The city or town may charge fees against an owner for registration and inspection of the vacant or abandoned building and owners shall be joint and severally liable for the payment of such fees. The ordinance shall provide procedures for administering and enforcing the fees for registration and inspections and paying and collecting the fees. The city or town shall separately account for fees collected under this section, which shall be used as follows:
1. To improve and maintain public safety in and around vacant or abandoned buildings and properties.
2. To administer the vacant or abandoned building registration, inspection and maintenance requirements established pursuant to this section.
3. To repair, close or demolish a vacant or abandoned building as authorized by section 9-1461.
D. The city or town may grant a waiver from fees for a vacant building on a favorable inspection or an extension to comply with the registration, inspection and maintenance requirements for a vacant or abandoned building if the owner shows good cause for why the owner is unable to occupy the building for a determined period of time and the building or property is not a nuisance or a hazard to the public. Delinquent fees are not eligible for a fee waiver.
E. A building that is vacant or abandoned may not be reclassified as an unoccupied structure until the building no longer meets the definition of abandoned pursuant to subsection i, paragraph 1 for a minimum period of ninety days and the owner has complied with the registration, inspection and maintenance requirements under this section, including the payment of fees.
F. The governing body of a city or town may limit the registration, inspection and maintenance requirements to one or more zoning districts.
G. This section does not impose a duty, obligation or requirement that a city or town undertake such repairs, demolition or maintenance measures that remain the obligation and responsibility of the owner. Costs of repairs, demolition and maintenance and related legal and administrative costs incurred by the city or town to secure the vacant or abandoned building are to be paid by the owner. The city or town may file liens on real property to collect amounts owed to the city or town for delinquent fees and costs incurred by the city or town for repairs, demolition or maintenance measures to the vacant or abandoned building.
H. An owner may not avoid compliance or liability with this section by transferring the property to one or more persons or entities that are controlled by the owner or a subsidiary or an affiliate of the owner.
I. This section does not apply to an unoccupied structure.
J. For the purposes of this section:
1. "abandoned" means a building that is vacant and two or more of the following conditions exist on the property:
(a) Accumulation of trash, junk or debris or hazardous, noxious or unhealthy substances or materials.
(b) Absence of furnishings or window coverings.
(c) At least one filed report to law enforcement involving trespassing, vandalism or other illegal acts being committed at the property within the preceding one hundred fifty days.
(d) The property is open and unprotected or there is evidence of dilapidation, decay, deterioration due to exposure to the elements or damage due to wind, fire, flood or pests.
(e) Nonpayment or disconnection of gas, electrical, water or wastewater utilities.
(f) Construction was initiated on the property and was discontinued before the city or town issued a certificate of occupancy, or its equivalent, leaving the building unsuitable for occupancy, and no construction has taken place for at least one hundred fifty days or such other period pursuant to the city or town building code in effect at the time construction was initiated, whichever is less.
(g) More than one window or door on the property is boarded up, closed off, smashed through, broken, unhinged, continuously unlocked or is in an unrepaired or unsecured state.
(h) There are one or more written complaints by neighbors or representatives of a community association indicating the building or property contains any of the factors prescribed in subdivision (a), (b), (d), (f) or (g) of this paragraph.
2. "owner":
(a) Means a person or entity that individually or jointly with others:
(i) Has legal title to the property, with or without actual possession of the property.
(ii) Has charge, care or control of the property as an authorized agent, guardian or conservator of the owner.
(iii) Is an executor, administrator, trustee or personal representative of the estate of the owner.
(iv) Is entitled to control or direct the management or disposition of the property.
(b) Does not include this state or the federal government.
3. "unoccupied structure" means a building under construction or possessing an issued certificate of occupancy, or its equivalent, that does not meet the definition of abandoned pursuant to paragraph 1 of this subsection, and the owner is actively seeking occupancy through sale or lease of the property through customary commercial methods, including bona fide rental or sale signs on the property or the listing of the property on a multiple listing service.
4. "vacant":
(a) Means a building no longer used or occupied by its owner or other legally allowed occupant.
(b) Does not include an unoccupied structure.
