Bill Text: AZ HB2719 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed
Bill Title: Rubbish; removal; penalties
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-03-16 - Senate consent calendar [HB2719 Detail]
Download: Arizona-2020-HB2719-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2719 |
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AN ACT
amending sections 9-499 and 11-268, arizona revised statutes; relating to illegal dumping.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-499, Arizona Revised Statutes, is amended to read:
9-499. Removal of rubbish, trash, weeds, filth, debris and dilapidated buildings; removal by city; costs assessed; collection; priority of assessment; responsibility of payment; definitions
A. The governing body of a city or town, by ordinance, shall compel the owner, lessee or occupant of property to remove from the property and its contiguous sidewalks, streets and alleys any rubbish, trash, weeds or other accumulation of filth, debris or dilapidated buildings that constitute a hazard to public health and safety. An ordinance shall require:
1. Written notice to the owner, the owner's authorized agent or the owner's statutory agent and to the occupant or lessee. The notice shall be served either by personal service or by certified mail. If notice is served by certified mail, the notice shall be mailed to the last known address of the owner, the owner's authorized agent or the owner's statutory agent and to the address to which the tax bill for the property was last mailed. The notice shall be given not less than thirty days before the day set for compliance and shall include the legal description of the property and the cost of such removal to the city or town if the owner, occupant or lessee does not comply. The owner shall be given not less than thirty days to comply. The city or town may record the notice in the county recorder's office in the county in which the property is located. If the notice is recorded and compliance with the notice is subsequently satisfied, the city or town shall record a release of the notice.
2. Provisions for appeal on both the notice and the assessments, unless the removal or abatement is ordered by a court.
3. That any person that recklessly places or causes to be placed any rubbish, trash, filth or debris on any property not owned or under the control of that person:
(a) Is guilty of a class 1 misdemeanor or a civil violation unless that person immediately removes or causes to be removed the rubbish, trash, filth or debris from that property. notwithstanding section 13‑707, the penalty for a violation of this section may not exceed the amount of the maximum fine for a class 1 misdemeanor and may not include any period of incarceration. One hundred percent of any assessed fine or civil penalty shall be deposited in the general fund of the city or town in which the fine or civil penalty was assessed. At least fifty percent of the fine or civil penalty shall be used by the city or town for the purposes of illegal dumping cleanup.
(b) In addition to any fine or penalty imposed for a violation of this section, is liable for all costs that may be assessed pursuant to this section for removing, abating or enjoining the rubbish, trash, filth or debris and for all costs incurred by the owner, lessee, occupant or lienholder of the property in the removal and disposal of the rubbish, trash, filth or debris.
(c) If required to remove any rubbish, trash, filth or debris pursuant to this section, shall provide the city or town with a receipt from a disposal facility or other documentation evidencing lawful disposal of the rubbish, trash, filth or debris.
B. Any person that places or causes to be placed any rubbish, trash, filth or debris on any property that is more than forty acres in size and that is not owned or under the control of that person retains ownership of the rubbish, trash, filth or debris until the person lawfully disposes of the rubbish, trash, filth or debris.
C. The ordinance may provide that if any person with an interest in the property, including an owner, lienholder, lessee or occupant, after notice as required by subsection A, paragraph 1 of this section does not remove or cause to be removed the rubbish, trash, weeds, filth, debris or dilapidated buildings and abate the condition that constitutes a hazard to public health and safety, the city or town may remove, abate, enjoin or cause their removal.
D. The governing body of the city or town may prescribe by ordinance a procedure for the removal or abatement, and for making the actual cost of the removal or abatement, including the actual costs of any additional inspection and other incidental connected costs, an assessment on the property from which the rubbish, trash, weeds, buildings or other accumulations are removed or abated.
E. The ordinance may provide that the cost of removal, abatement or injunction of the rubbish, trash, weeds, filth, debris or dilapidated buildings from any property, and associated legal costs for abatement or injunctions, shall be assessed on the property from which the rubbish, trash, weeds, accumulations or dilapidated buildings are removed, abated or enjoined. the ordinance may not include any period of incarceration for a violation of this section by a person with an interest in the property. The city or town may record the assessment in the county recorder's office in the county in which the property is located, including the date and amount of the assessment, the legal description of the property and the name of the city or town imposing the assessment. Any assessment recorded after July 15, 1996 is prior and superior to all other liens, obligations, mortgages or other encumbrances, except liens for general taxes. A sale of the property to satisfy an assessment obtained under this section shall be made on judgment of foreclosure and order of sale. A city or town shall have the right to bring an action to enforce the assessment in the superior court in the county in which the property is located at any time after the recording of the assessment, but failure to enforce the assessment by such action shall not affect its validity. The recorded assessment is prima facie evidence of the truth of all matters recited in the assessment and of the regularity of all proceedings before the recording of the assessment. The assessment provided for in this subsection shall not be levied against state or federal property.
F. Assessments that are imposed under this section run against the property until paid and are due and payable in equal annual installments as follows:
1. Assessments of less than five hundred dollars $500 shall be paid within one year after the assessment is recorded.
2. Assessments of five hundred dollars $500 or more but less than one thousand dollars $1,000 shall be paid within two years after the assessment is recorded.
3. Assessments of one thousand dollars $1,000 or more but less than five thousand dollars $5,000 shall be paid within three years after the assessment is recorded.
4. Assessments of five thousand dollars $5,000 or more but less than ten thousand dollars $10,000 shall be paid within six years after the assessment is recorded.
5. Assessments of ten thousand dollars $10,000 or more shall be paid within ten years after the assessment is recorded.
G. An assessment that is past due accrues interest at the rate prescribed by section 44‑1201.
H. A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment or assessments for these purposes, and any number of assessments on the same property may be enforced in the same action.
I. This section applies to all cities and towns organized and operating under the general law of this state, and cities and towns organized and operating under a special act or charter.
J. Notwithstanding subsection F of this section, for residential property of four or fewer units, a city or town may not require payment of the assessments imposed under this section by the homeowner if the property was serving as a rental and had a tenant during the time of the removal of the rubbish, trash, filth or debris.
K. For the purposes of this section:
1. "Dilapidated building" means any real property structure that is likely to burn or collapse and its condition endangers the life, health, safety or property of the public.
2. Owner does not include a state or federal landowner.
3. "Property" includes real property and structures on the real property.
Sec. 2. Section 11-268, Arizona Revised Statutes, is amended to read:
11-268. Removal of rubbish, trash, weeds, filth, debris and dilapidated buildings; removal by county; costs assessed; collection; priority of lien; definitions
A. The board of supervisors, by ordinance, shall compel the owner, lessee or occupant of buildings, grounds or lots located in the unincorporated areas of the county to remove rubbish, trash, weeds, filth, debris or dilapidated buildings that constitute a hazard to public health and safety from buildings, grounds, lots, contiguous sidewalks, streets and alleys. Any such ordinance shall require and include:
1. Reasonable written notice to the owner, any lienholder, the occupant or the lessee. The notice shall be given at least thirty days before the day set for compliance and shall include the estimated cost to the county for the removal if the owner, occupant or lessee does not comply. The notice shall be either personally served or mailed by certified mail to the owner, occupant or lessee at his last known address, or the address to which the tax bill for the property was last mailed. If the owner does not reside on the property, a duplicate notice shall also be sent to the owner at the owner's last known address.
2. Provisions for appeal on both the notice and the assessments.
3. That any person, firm or corporation that recklessly places any rubbish, trash, filth or debris on any private or public property located in the unincorporated areas of the county not owned or under the control of the person, firm or corporation:
(a) Is guilty of a class 1 misdemeanor unless that person, firm or corporation immediately removes or causes to be removed the rubbish, trash, filth or debris from that property. notwithstanding section 13‑707, the penalty for a violation of this section may not exceed the amount of the maximum fine for a class 1 misdemeanor and may not include any period of incarceration. One hundred per cent percent of any assessed fine shall be deposited in the general fund of the county in which the fine was assessed. At least fifty per cent percent of the fine shall be used by the county for the purposes of illegal dumping cleanup.
(b) In addition to the fine that is imposed for a violation of this section, is liable for all costs that may be assessed pursuant to this section for the removal of the rubbish, trash, filth or debris.
B. The ordinance may provide that if any person with an interest in the property, including an owner, lienholder, lessee or occupant of the buildings, grounds or lots, after notice as required by subsection A, paragraph 1 of this section, does not remove the rubbish, trash, weeds, filth, debris or dilapidated buildings and abate the condition that constitutes a hazard to public health and safety, the county, at the expense of the owner, lessee or occupant, may remove, abate, enjoin or cause the removal of the rubbish, trash, weeds, filth, debris or dilapidated buildings.
C. The board of supervisors may prescribe by the ordinance a procedure for such removal or abatement and for making the actual cost of the removal or abatement, including the actual costs of any additional inspection and other incidental costs in connection with the removal or abatement, an assessment on the lots and tracts of land from which the rubbish, trash, weeds, filth, debris or dilapidated buildings are removed.
D. The ordinance may provide that the cost of removal, abatement or injunction of the rubbish, trash, weeds, filth, debris or dilapidated buildings from any lot or tract of land located in the unincorporated areas of the county and associated legal costs be assessed in the manner and form prescribed by ordinance of the county on the property from which the rubbish, trash, weeds, filth, debris or dilapidated buildings are removed, abated or enjoined. the ordinance may not include any period of incarceration for a violation of this section by a person with an interest in the property. The county shall record the assessment in the county recorder's office in the county in which the property is located, including the date and amount of the assessment and the legal description of the property. Any assessment recorded after August 6, 1999 is prior and superior to all other liens, obligations or other encumbrances, except liens for general taxes and prior recorded mortgages. A sale of the property to satisfy an assessment obtained under this section shall be made on judgment of foreclosure and order of sale. The county may bring an action to enforce the lien in the superior court in the county in which the property is located at any time after the recording of the assessment, but failure to enforce the lien by such action does not affect its validity. The recorded assessment is prima facie evidence of the truth of all matters recited in the assessment and of the regularity of all proceedings before the recording of the assessment. The assessment provided for in this subsection shall not be levied against state or federal property.
E. Assessments that are imposed under subsection D of this section run against the property until they are paid and are due and payable in equal annual installments as follows:
1. Assessments of less than five hundred dollars $500 shall be paid within one year after the assessment is recorded.
2. Assessments of five hundred dollars $500 or more but less than one thousand dollars $1,000 shall be paid within two years after the assessment is recorded.
3. Assessments of one thousand dollars $1,000 or more but less than five thousand dollars $5,000 shall be paid within three years after the assessment is recorded.
4. Assessments of five thousand dollars $5,000 or more but less than ten thousand dollars $10,000 shall be paid within six years after the assessment is recorded.
5. Assessments of ten thousand dollars $10,000 or more shall be paid within ten years after the assessment is recorded.
F. A prior assessment for the purposes provided in this section is not a bar to a subsequent assessment or assessments for such purposes, and any number of liens on the same lot or tract of land may be enforced in the same action.
G. Before the removal of a dilapidated building the board of supervisors shall consult with the state historic preservation officer to determine if the building is of historical value.
H. If a county removes a dilapidated building pursuant to this section, the county assessor shall adjust the valuation of the property on the property assessment tax rolls from the date of removal.
I. If a person, firm or corporation is required to remove any rubbish, trash, filth or debris pursuant to subsection A, paragraph 3 of this section, the person, firm or corporation shall provide the county with a receipt from a disposal facility to indicate that the rubbish, trash, filth or debris has been disposed of as required by law.
J. For the purposes of this section:
1. "Dilapidated building" means any real property structure that is likely to burn or collapse and its condition endangers the life, health, safety or property of the public.
2. Occupant does not include any corporation or association operating or maintaining rights‑of‑way for and on behalf of the United States government, either under contract or under federal law.
3. Owner does not include a state or federal landowner.
