Bill Text: AZ HB2428 | 2010 | Forty-ninth Legislature 2nd Regular | Chaptered
Bill Title: County zoning hearings; appeal
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-05-11 - Governor Signed [HB2428 Detail]
Download: Arizona-2010-HB2428-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HOUSE BILL 2428 |
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AN ACT
amending sections 11‑532, 11‑807 and 11‑808, Arizona Revised Statutes; relating to counties.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-532, Arizona Revised Statutes, is amended to read:
11-532. Powers and duties
A. The county attorney is the public prosecutor of the county and shall:
1. Attend the superior and other courts within the county and conduct, on behalf of the state, all prosecutions for public offenses.
2. Institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the county attorney has information that the offenses have been committed.
3. When not engaged in criminal proceedings in the superior court, attend upon the magistrates in cases of arrest when required by them, and attend before and give advice to the grand jury.
4. Draw indictments and informations, defend actions brought against the county and prosecute actions to recover recognizances forfeited in courts of record and actions for recovery of debts, fines, penalties and forfeitures accruing to the state or county.
5. Deliver receipts for monies or property received in the county attorney's official capacity and file duplicate receipts with the clerk of the board.
6. On the first Monday of January, April, July and October in each year, file with the board of supervisors an account, verified by oath, of all monies received in the county attorney's official capacity during the preceding three months, and at the same time pay it to the county treasurer.
7. When required, give a written opinion to county officers on matters relating to the duties of their offices.
8. Keep a register of official business, and enter therein every action prosecuted, criminal or civil, and of the proceedings therein.
9. Act as the legal advisor to the board of supervisors, attend its meetings and oppose claims against the county which the county attorney deems unjust or illegal.
10. Act as attorney for school districts except as provided in section 15-343, or except in any lawsuits involving a conflict of interest with other county offices at which time the attorney general may represent the school district.
11. Act as attorney for the community college district except as provided in section 15-1448 or except in any lawsuits involving a conflict of interest with other county offices, at which time the attorney general may represent the community college district.
12. Defend all locally valued and assessed property tax appeals as provided in section 42-16208.
B. Upon receipt of an appellant's brief in a criminal appeal, the county attorney shall furnish the attorney general with a true statement of the facts in the case, together with the available authorities and citations that are responsive to the assignments or specifications of error.
C. The county attorney may represent a school district governing board member against whom an action is brought in the board member's individual capacity until such time as it is established as a matter of law that the alleged activity or events which form the basis of the complaint were not performed, or not directed to be performed, within the scope or course of the member's duties.
D. Notwithstanding the provisions of article 12 of this chapter, in connection with the investigation or prosecution of any matter involving the death of a person, the county attorney may request that the medical examiner, for the county in which the prosecution will take place, conduct the medical examination.
E. The county attorney may provide civil legal services to another county or other political subdivision of this state or an officer, employee or agency of a political subdivision of this state pursuant to an intergovernmental agreement entered into by the county and the other political subdivision of this state as provided in chapter 7, article 3 of this title at the request of the county attorney. Any intergovernmental agreement shall state any payment to be rendered for the services and the scope of the representation. The county attorney may also obtain civil legal services for the county or for an officer, employee or agency of the county, from the elected or appointed attorney of another county or other political subdivision of this state pursuant to an intergovernmental agreement.
Sec. 2. Section 11-807, Arizona Revised Statutes, is amended to read:
11-807. Boards of adjustment; powers; appeals
A. There shall be one or more boards of adjustment in each county. The board of supervisors may establish one board of adjustment that has jurisdiction countywide and that is composed of one member who is a resident of each supervisorial district or one board of adjustment in each supervisorial district that has jurisdiction in that supervisorial district and that is composed of not less than three nor more than five members each, one of which shall be appointed in and shall have jurisdiction in each supervisorial district in which the zoning ordinance has been applied of whom are residents of that supervisorial district. The members of each board shall be appointed for staggered terms of four years each. They shall be residents and taxpayers of the district from which appointed.
B. The board of adjustment may:
1. Interpret the zoning ordinance when the meaning of any word, phrase or section is in doubt, when there is dispute between the appellant and enforcing officer, or when the location of a district boundary is in doubt.
2. Allow a variance from the terms of the ordinance when, owing to peculiar conditions, a strict interpretation would work an unnecessary hardship, if in granting such variance the general intent and purposes of the zoning ordinance will be preserved.
3. If authorized by the board of supervisors, review decisions by a hearing officer who hears and determines zoning violations pursuant to section 11‑808 and render a final decision. Subsections C and D of this section do not apply to this paragraph. Judicial review of the final decision by the board of adjustment shall be pursuant to title 12, chapter 7, article 6.
C. Appeals to an adjustment board may be taken by any person who feels that there is error or doubt in the interpretation of the ordinance or that due to unusual circumstances attaching to the person's property an unnecessary hardship is being inflicted on the person. The appeal shall state whether it is a plea for an interpretation or a variance and the grounds for the appeal.
D. Any person aggrieved in any manner by an action of a board of adjustment may within thirty days appeal to the superior court, and the matter shall be heard de novo.
Sec. 3. Section 11-808, Arizona Revised Statutes, is amended to read:
11-808. Enforcement; county zoning inspector; deputies; building permits; violations; classification; civil penalties; hearing officers and procedures
A. The county zoning ordinance shall provide for its enforcement within a zoned territory by means of withholding building permits, and for such purposes may establish the position of county zoning inspector, and such deputy inspectors as may be required, who shall be appointed by the board.
B. From and after the establishment and filling of the position, it shall be unlawful to erect, construct, reconstruct, alter or use any building or other structure within a zoning district covered by the ordinance without first obtaining a building permit from the inspector and for that purpose the applicant shall provide the zoning inspector with a sketch of the proposed construction containing sufficient information for the enforcement of the zoning ordinance. No permit shall be required for repairs or improvements of a value not exceeding five hundred dollars. Reasonable fees may be charged for the issuance of a permit. The inspector shall recognize the limitations placed on his the inspector's authority by section 11-821, and shall issue the permit when it appears that the proposed erection, construction, reconstruction, alteration or use fully conforms to the zoning ordinance. In any other case he the inspector shall withhold the permit.
C. It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of any regulation or any provision of any ordinance pertaining thereto to the land and any such violation constitutes a public nuisance. Any person, firm or corporation violating such an ordinance, or any part thereof of an ordinance, is guilty of a class 2 misdemeanor. Each and every day during which the illegal erection, construction, reconstruction, alteration, maintenance or use continues is a separate offense.
D. A county may establish civil penalties for violation of any zoning regulation or ordinance. Civil penalties shall not exceed the amount of the maximum fine for a class 2 misdemeanor. Each day of continuance of the violation constitutes a separate violation. If an alleged violator is served with a notice of violation pursuant to subsection E of this section, he the alleged violator shall not be subject to a criminal charge arising out of the same facts.
E. A county that establishes a civil penalty for violation of a zoning regulation or ordinance may appoint hearing officers to hear and determine zoning violations. Whenever If the zoning inspector reports a zoning violation to the hearing officer, the hearing officer shall hold a hearing after serving notice of the hearing on the alleged violator. The notice shall be personally served on the alleged violator by the zoning inspector at least five days prior to before the hearing. If the zoning inspector 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. A notice served upon on the alleged violator other than by personal service shall be served at least thirty days prior to before the hearing.
F. At the hearing, the zoning inspector shall present evidence showing the existence of a zoning violation and the alleged violator or his the alleged violator's attorney or other designated representative shall be given a reasonable opportunity to present evidence. The county attorney may present evidence on behalf of the zoning inspector. At the conclusion of the hearing the hearing officer shall determine whether a zoning violation exists and, if a violation is found to exist, may impose civil penalties in accordance with subsection D of this section.
G. A hearing officer may be an employee of the county and shall be appointed by the board of supervisors. A review of decisions of the hearing officer by the board of supervisors shall be available to any party to the hearing. The board of supervisors may delegate this review to a county board of adjustment. If the board of supervisors elects to delegate this review, the board of supervisors shall delegate all requested reviews to the board of adjustment. The board of supervisors shall promulgate adopt written rules of procedure for the hearing and review of hearings, which shall be adopted in the same manner as zoning ordinances. Judicial review of the final decisions of the board of supervisors or a board of adjustment shall be pursuant to title 12, chapter 7, article 6. A county that establishes civil penalties for violation of a zoning regulation or ordinance is not precluded from pursuing the remedies as provided for in subsection H of this section.
H. If any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used or any land is or is proposed to be used in violation of this chapter or any ordinance, regulation or provision enacted or adopted by the board under the authority granted by this chapter, the board, the county attorney, the inspector or any adjacent or neighboring property owner who is specially damaged by the violation, in addition to the other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent or abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use.
