Bill Text: AZ HB2827 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Administrative procedures; counties; districts
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-04-16 - Senate Committee of the Whole action: Do Pass Amended [HB2827 Detail]
Download: Arizona-2012-HB2827-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HOUSE BILL 2827 |
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AN ACT
AMENDING SECTION 11‑251.05, Arizona Revised Statutes; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding sections 11‑251.16 and 11‑251.17; amending sections 11‑1602, 11‑1605 and 11‑1608, Arizona Revised Statutes; amending title 11, chapter 11, article 1, Arizona Revised Statutes, by adding sections 11‑1608.01, 11‑1611 and 11‑1612; amending title 48, chapter 21, article 1, Arizona Revised Statutes, by adding sections 48‑3609.02 and 48‑3609.03; amending sections 48‑3642 and 48‑3648, Arizona Revised Statutes; amending title 48, chapter 21, article 2, Arizona Revised Statutes, by adding sections 48‑3648.01 and 48‑3651; relating to administrative procedures for counties and flood control districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-251.05, Arizona Revised Statutes, is amended to read:
11-251.05. Ordinances
A. The board of supervisors may:
1. In the conduct of county business, adopt, amend and repeal all ordinances necessary or proper to carry out the duties, responsibilities and functions of the county which that are not otherwise specifically limited by section 11-251 or any other law or in conflict with any rule or law of this state.
2. Prescribe punishment by fine or imprisonment, or both, for the violation of an ordinance adopted pursuant to paragraph 1 of this subsection. A fine or imprisonment shall not exceed the maximum limitations for a class 1 misdemeanor.
B. In a county with a population of less than three hundred thousand persons, ordinance authority under subsection A of this section shall be in addition to and preemptive of ordinance, rule making or regulatory authority of any other county board or county commission.
C. In a county with a population of three hundred thousand or more persons, the adoption of ordinances is solely within the authority of the board unless otherwise explicitly provided by statute. The board may not delegate this authority to any county board, commission or administrative unit.
d. A county may not impose taxes except as otherwise provided by law and as specified in section 11‑251.
C. e. Prior to adoption, amendment or repeal of an ordinance under this section, the board of supervisors in a county with a population of three hundred thousand or more persons shall substantially comply with the procedures in section 11‑251.16. The board of supervisors in a county with a population of less than three hundred thousand persons shall hold a public hearing thereon at least fifteen days' notice of which shall be given by one publication in a newspaper of general circulation in the county seat. After adopted or amended, the ordinance shall be published at least once in a newspaper of general circulation in the county seat pursuant to section 11‑251.17.
D. f. An ordinance adopted under this section may apply to the unincorporated and incorporated areas in the county if the ordinance is not in conflict with an existing city or town ordinance or state law or otherwise regulated by the state. If the ordinance is intended to apply to any incorporated area of the county, prior to the ordinance becoming effective within the boundaries of a city or town, the city or town council shall consider the ordinance and, if the council finds that the subject matter of the ordinance is not either a matter of local concern or governed by an existing city or town ordinance, the council shall approve by resolution the application or enforcement of such ordinance within the boundaries of the city or town. Upon thirty days' notice to the county, a city or town council may rescind such approval by resolution if the subject matter of the ordinance is governed or to be governed by a city or town ordinance. An ordinance may apply to the unincorporated areas of the county, to part or parts of such areas or to a combination of incorporated and unincorporated areas of the county, as the board deems appropriate and subject to the approval of a city or town as specified in this subsection.
E. g. Nothing contained in this section shall be construed to prohibit a county from exercising such powers and authority as are granted under other provisions of state law.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding sections 11-251.16 and 11‑251.17, to read:
11-251.16. Adoption, amendment or repeal of ordinances; procedures; definition
A. The board of supervisors in a county with a population of three hundred thousand or more persons shall adopt procedures for the adoption, amendment or repeal of an ordinance, except where comparable procedures are otherwise provided by law.
B. At least forty‑five days before the adoption, amendment or repeal of an ordinance by the board, the clerk of the board shall provide a notice and make available the entire text of any proposed ordinance at the office of the clerk and on the county website. The notice shall contain an explanation of the proposed ordinance, including the county's reasons for initiating the proposed ordinance, the statutory authority for the proposed ordinance, a reference to any study known at that time to be used in consideration of the proposed ordinance and where it may be obtained and where any electronic or written statements or questions concerning the proposed ordinance should be addressed. The notice shall also contain the date, time and place of any public hearing to be conducted by the board of supervisors or any county board, commission or administrative unit designated by the board.
C. Not less than thirty days after the posting of the notice, the board of supervisors or the county board, commission or administrative unit designated by the board shall conduct a public hearing and receive written, electronic and oral statements concerning the proposed adoption, amendment or repeal of an ordinance.
D. If a county board, commission or administrative unit designated by the board of supervisors conducts a public hearing other than as required by statute, a person submitting written or electronic comments may request and receive a response to the comments. The board of supervisors shall receive a record of all written, electronic and oral comments and any responses before adopting, amending or repealing an ordinance.
E. If as a result of public comments or internal review the board of supervisors determines that a proposed adoption, amendment or repeal of an ordinance requires substantial changes, the board shall issue a supplemental notice containing the changes in the proposed ordinance and provide for additional public comment before adoption, amendment or repeal.
F. The board may adopt procedures for the adoption, amendment or repeal of ordinances that do not comply with this section if the board makes a finding that an emergency exists and adoption, amendment or repeal is necessary to protect the public health, safety or welfare, avoid an imminent budget reduction or avoid serious prejudice to the public interest, if the ordinance terminates after the board determines the emergency situation no longer exists.
G. The board may adopt procedures for the adoption, amendment or repeal of ordinances that do not comply with this section if the ordinance is required by state or federal law or regulation and the situation is not the result of delay or inaction by the board.
H. The board may adopt any other provision the board determines is necessary.
I. The requirements of this section shall not apply to:
1. Substantive policy statements.
2. Internal procedural documents that only affect the internal procedures of the county and do not impose additional requirements or penalties on regulated parties.
3. An interpretation requested by a regulated person provided it is subject to a public appeals process.
4. Authorized functions of an elected county officer as established by chapter 3, articles 2, 3, 4, 5, 6 and 7 of this title.
5. A county function, power or duty to the extent the function, power or duty is subject to the requirements of chapter 6 of this title or title 36 or 49, chapter 3, article 3.
6. The adoption, amendment or repeal of an ordinance if specific procedures relating to public notice, comment and response to comments apply to the adoption, amendment or repeal of the ordinance pursuant to any other provision of statute.
7. Any form whose contents or substantive requirements are prescribed by ordinance or statute and instructions for the execution or use of the form.
j. For the purposes of this section, "ordinance" means a legislative act of general applicability passed by the board of supervisors pursuant to this section.
11-251.17. Publication of county ordinances; register
A. The clerk of the board shall publish on the county website all ordinances adopted by the county board of supervisors.
B. The clerk of the board shall maintain on the county website a register of activities related to the adoption of ordinances that shall include:
1. A schedule of the time, date and place of all hearings on proposed repeals, adoptions or amendments of ordinances.
2. Any notices related to proposed ordinances, including the full text of any proposed ordinance, an explanation of any proposed ordinance, and the statutory authority for the ordinance.
3. A summary of board action on each ordinance.
4. Supplemental notices and any new amended or added language to a proposed ordinance.
Sec. 3. Section 11-1602, Arizona Revised Statutes, is amended to read:
11-1602. Regulatory bill of rights
A. To ensure fair and open regulation by counties, a person:
1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a county in a court proceeding regarding a county decision as provided in section 12‑348.
2. Is entitled to receive information and notice regarding inspections as provided in section 11‑1603.
3. Is entitled to have a county not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 11‑1604.
4. May have a county approve or deny the person's license application within a predetermined period of time as provided in section 11‑1605.
5. Is entitled to receive written or electronic notice from a county on denial of a license application:
(a) That justifies the denial with references to the statute, ordinance, regulation, delegation agreement or authorized substantive policy statements on which the denial is based as provided in section 11‑1605.
(b) That explains the applicant's right to appeal the denial as provided in section 11‑1605.
6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 11‑1606.
7. May inspect all ordinances, regulations and substantive policy statements of a county, including a directory of documents, at the office of the county or on the county's website as provided in section 11‑1607.
8. Unless specifically authorized, may expect counties to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 11‑1604.
9. May file a complaint with the board of supervisors concerning an ordinance, regulation or substantive policy statement that fails to comply with this section.
B. In a county with a population of three hundred thousand or more persons, a person may:
1. Review the full text or summary of all ordinance adoption activity, the summary of substantive policy statements and the full text of executive orders in the register as provided in article 2 of this chapter.
2. Participate in the ordinance adoption process as provided in section 11‑251.16, including providing written or oral comments on proposed ordinances to a county and having the county address those comments as provided in that section.
3. Allege, pursuant to sections 11‑1608.01 and 11‑1612, that an existing county practice or substantive policy statement constitutes an ordinance and have that county practice or substantive policy statement declared void because the practice or substantive policy statement constitutes an ordinance as provided in section 11-251.05.
Sec. 4. Section 11-1605, Arizona Revised Statutes, is amended to read:
11-1605. Licensing time frames; compliance; consequence for failure to comply with time frame; exemption
A. For any new ordinance or regulation requiring a license, a county shall have in place an overall time frame during which the county will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame.
B. On or before December 31, 2012, a county that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the county will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame. Counties shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public.
C. In establishing time frames, counties shall consider all of the following:
1. The complexity of the licensing subject matter.
2. The resources of the county.
3. The economic impact of delay on the regulated community.
4. The impact of the licensing decision on public health and safety.
5. The possible use of volunteers with expertise in the subject matter area.
6. The possible increased use of general licenses for similar types of licensed businesses or facilities.
7. The possible increased cooperation between the county and the regulated community.
8. Increased county flexibility in structuring the licensing process and personnel including:
(a) Adult businesses and other licenses that are related to the first amendment.
(b) Master planned communities.
(c) Suspension of the substantive and overall time frames for purposes including public hearings or state or federal licenses.
9. That the substantive review and overall time frames do not include the time required by the applicant to obtain other non‑county licenses or to participate in meetings as required by law.
D. A county shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the county, each department may issue a written or electronic notice of administrative completeness or deficiencies.
E. If a county determines that an application for a license is not administratively complete, the county shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D. If the county issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the county receives the missing information from the applicant. The county may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the county, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information.
F. If a county does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a county issues a timely written or electronic notice of deficiencies, an application shall not be complete until all requested information has been received by the county.
G. During the substantive review time frame, a county may make one comprehensive written or electronic request for additional information. If the permit sought requires approval of more than one department of the county, each department may issue a written or electronic request for additional information. The county and applicant may mutually agree in writing or electronically to allow the county to submit supplemental requests for additional information. If a county issues a comprehensive written or electronic request or a supplemental request by mutual written or electronic agreement for additional information, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the county receives the additional information from the applicant.
H. By mutual written or electronic agreement, a county and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed twenty-five per cent of the overall time frame.
I. Unless a county and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection H, a county shall issue a written or electronic notice granting or denying a license to an applicant. If a county denies an application for a license, the county shall include in the written or electronic notice at least the following information:
1. Justification for the denial with references to the statutes, ordinances, regulations, substantive policy statements or delegation agreements on which the denial is based.
2. An explanation of the applicant's right to appeal the denial. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial and the name and telephone number of a county contact person who can answer questions regarding the appeals process.
J. If a county does not issue to the applicant the written or electronic notice granting or denying a license within the overall time frame or within the mutually agreed upon time frame extension, the county shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The county shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The county shall continue to process the application. Notwithstanding any other statute, the county shall make the refund from the fund in which the application fees were originally deposited.
K. This section does not apply to either licenses issued within seven working days after receipt of the initial application or a permit that expire expires within twenty‑one working days after issuance.
Sec. 5. Section 11-1608, Arizona Revised Statutes, is amended to read:
11-1608. Complaints; board of supervisors review
The board of supervisors in a county with a population of less than three hundred thousand persons shall receive complaints concerning ordinances, regulations, substantive policy statements or county practices alleged to violate this article. The board of supervisors may review any ordinance, regulation, substantive policy statement or county practice alleged to violate this article and may hold hearings regarding the allegations. The board of supervisors may recommend actions to alleviate the aspects of the ordinances, regulations, substantive policy statements or county practices alleged to violate this article.
Sec. 6. Title 11, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 11-1608.01, to read:
11-1608.01. Complaints; larger counties; board of supervisors review
A. The board of supervisors in a county with a population of three hundred thousand or more persons shall provide a procedure for complaints from an affected person concerning ordinances, substantive policy statements or county practices alleged to violate this chapter or section 11‑251.05. The board of supervisors may review any ordinance, substantive policy statement or county practice alleged to violate this chapter or section 11‑251.05.
B. The board of supervisors may require the complaint to be made in writing and include the following information:
1. The name and address of the affected person making the complaint.
2. The ordinance, substantive policy statement or county practice alleged to violate this chapter.
3. Any facts relevant to and the legal basis for the complaint.
C. If the complaint concerns a substantive policy statement or county practice the complaint shall be submitted to the board, commission or administrative unit with which the affected person has a complaint. Within forty-five days after submission, the board, commission or administrative unit shall in writing respond to the complaint or make recommendations for action to the board of supervisors.
D. The affected person, by filing with the clerk of the board, may appeal to the board of supervisors within thirty days after the county board, commission or administrative unit gives a written decision pursuant to subsection c of this section. The board shall place the complaint concerning a substantive policy statement or county practice on its agenda within thirty days of its filing with the clerk and provide a response to the complaint at the meeting.
E. If the complaint concerns whether an ordinance has been adopted in substantial compliance with the requirements of section 11-251.16, the affected person, by filing a complaint with the clerk of the board, may request a review of the validity of an ordinance. The board shall place the complaint on the board's agenda within thirty days of its filing with the clerk and provide a response to the complaint at the meeting.
F. If the complainant is unsatisfied with an action taken by the board on the complaint, the complainant may file an action for declaratory judgment pursuant to section 11-1612.
Sec. 7. Title 11, chapter 11, article 1, Arizona Revised Statutes, is amended by adding sections 11-1611 and 11‑1612, to read:
11-1611. Substantive policy statement; directory
A. A county with a population of three hundred thousand or more persons shall file substantive policy statements.
B. A county shall ensure that the first page of each substantive policy statement includes the following notice:
This substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the county and does not impose additional requirements or penalties on regulated parties or include confidential information or ordinances made pursuant to title 11, chapter 11, article 1, Arizona Revised Statutes. If you believe that this substantive policy statement does impose additional requirements or penalties on regulated parties you may petition the county under section 11-1608.01, Arizona Revised Statutes, for a review of the statement.
C. A county with a population of three hundred thousand or more persons shall publish at least annually a directory summarizing the subject matter of all currently applicable ordinances and substantive policy statements. The county shall keep copies of this directory and all of its substantive policy statements at one location. The directory, ordinances and substantive policy statements and any materials incorporated by reference in the ordinances or substantive policy statements shall be open to public inspection at the office of the county director or county website. END_STATUTE
11-1612. Declaratory judgment
A. Any person who is affected by a county policy or practice that the affected person alleges to constitute an ordinance may obtain a judicial declaration of the validity of the policy or practice under section 11-251.05 by filing an action for declaratory relief pursuant to title 12, chapter 10, article 2.
B. Any person who is affected by a county ordinance may obtain a judicial declaration of whether the ordinance is void because the ordinance fails to substantially comply with the procedures adopted by the board pursuant to section 11-251.16 by filing an action for declaratory relief pursuant to title 12, chapter 10, article 2.
C. Before filing an action pursuant to this section the person must comply with the requirements of section 11-1608.01.
Sec. 8. Title 48, chapter 21, article 1, Arizona Revised Statutes, is amended by adding sections 48-3609.02 and 48-3609.03, to read:
48-3609.02. Adoption of floodplain regulations; procedures
A. The board of directors in a county with a population of three hundred thousand or more persons shall adopt procedures for the adoption, amendment or repeal of floodplain regulations in addition to those provided in section 48-3609, subsection e.
B. At least forty‑five days before the adoption of floodplain regulations by the board of directors, the district shall make available the entire text of any proposed floodplain regulation at the office of the district and on the district website. The notice shall contain an explanation of the floodplain regulation, including the district's reasons for initiating the floodplain regulation, the statutory authority for the floodplain regulation, a reference to any study known at that time to be used in consideration of the floodplain regulation and where it may be obtained, the name and address of district personnel with whom persons may communicate regarding the floodplain regulation and where any electronic or written statements concerning the floodplain regulation should be addressed. The district shall also post notice of the date, time and place of a public hearing to be conducted by the citizens flood control advisory board or other entity designated by the board.
B. Not less than thirty days after the posting of the notice, the advisory board or other entity designated by the board shall conduct a public hearing and receive written, electronic and oral statements concerning the proposed floodplain regulation.
C. At least fifteen days before the meeting at which the board of directors will adopt, amend or repeal a floodplain regulation, a notice shall be given of the date, time and location of the meeting by publication on the county website. The notice also shall contain a response to the public comments.
D. The board of directors shall receive a record of all written, electronic and oral statements, including the responses to the public comments pursuant to subsection D of this section, before adopting the floodplain regulation.
E. If as a result of public comments or internal review the board of directors determines that a proposed floodplain regulation requires substantial change, the board shall issue a supplemental notice containing the changes in the proposed floodplain regulation and provide for additional public comment pursuant to this section before adoption.
F. Notwithstanding this section, the board may adopt a floodplain regulation when the board makes a finding that an emergency exists if the floodplain regulation terminates after the board determines the emergency situation no longer exists. An emergency exists to do any of the following:
1. Protect the public health, safety or welfare.
2. Comply with deadlines in amendments to a county's governing law or federal programs.
3. Avoid violation of federal law or regulation or other state law if the situation is not the result of delay or inaction by the board.
4. Avoid an imminent budget reduction.
5. Avoid serious prejudice to the public interest or the interest of the parties concerned.
G. The board of directors, advisory board or other entity designated by the board shall consider each of the following methods and may reduce the impact of the floodplain regulation on small businesses by using one or more of the following methods if it finds that the methods are legal and feasible in meeting the objectives that are the basis of the proposed floodplain regulation:
1. Establish less stringent compliance or reporting requirements.
2. Establish less stringent schedules or deadlines.
3. Consolidate or simplify the compliance or reporting requirements.
4. Establish performance standards for small businesses to replace design or operational standards.
5. Exempt small businesses from any or all requirements.
H. A floodplain regulation is invalid unless it is made and approved in substantial compliance with this section, unless otherwise provided by law.
I. The requirements of this section do not apply to:
1. Substantive policy statements.
2. Internal procedural documents that only affect the internal procedures of the district and do not impose additional requirements or penalties on regulated parties.
3. An interpretation requested by a regulated person provided it is subject to a public appeals process.
4. Any form whose contents or substantive requirements are prescribed by ordinance or statute, and instructions for the execution or use of the form.
48-3609.03. Publication of floodplain regulations
A. There shall be published on the district website all floodplain regulations adopted by the district board of directors.
B. There shall be published on the district website a register of activities related to the adoption of floodplain regulations that shall include:
1. A schedule of the time, date and place of all hearings on proposed repeals, adoptions or amendments of floodplain regulations.
2. Any notices related to proposed floodplain regulations, including the full text of any proposed floodplain regulation, an explanation of any proposed floodplain regulation and the statutory authority for the floodplain regulation.
3. A summary of board action on each floodplain regulation.
4. Supplemental notices and any new amended or added language to a proposed floodplain regulation.
Sec. 9. Section 48-3642, Arizona Revised Statutes, is amended to read:
48-3642. Regulatory bill of rights
A. To ensure fair and open regulation by districts, a person:
1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a district in a court proceeding regarding a district decision as provided in section 12‑348.
2. Is entitled to receive information and notice regarding inspections as provided in section 48‑3643.
3. Is entitled to have a district not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 48‑3644.
4. May have a district approve or deny the person's license application within a predetermined period of time as provided in section 48‑3645.
5. Is entitled to receive written or electronic notice from a district on denial of a license application:
(a) That justifies the denial with references to the statute, ordinance, regulation, executive order, delegation agreement or authorized substantive policy statement on which the denial is based as provided in section 48‑3645.
(b) That explains the applicant's right to appeal the denial as provided in section 48‑3645.
6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 48‑3646.
7. May inspect all ordinances, regulations and substantive policy statements of a district, including a directory of documents, at the office of the district or a district website as provided in section 48‑3647.
8. Unless specifically authorized, may expect districts to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 48‑3644.
9. May file a complaint with the board of review concerning an ordinance, rule, regulation or substantive policy statement that fails to comply with this section.
B. In a county with a population of three hundred thousand or more persons, a person may:
1. Review the full text or summary of all activity related to the adoption of floodplain regulations pursuant to section 48‑3609.03 and the summary of substantive policy statements in the directory as provided in section 48‑3647.
2. Allege that an existing district practice or substantive policy statement constitutes a floodplain regulation and have that district practice or substantive policy statement declared void because the practice or substantive policy statement constitutes a floodplain regulation.
Sec. 10. Section 48-3648, Arizona Revised Statutes, is amended to read:
48-3648. Complaints; board of review
The board of review in a county with a population of less than three hundred thousand persons shall receive complaints concerning ordinances, substantive policy statements or district practices alleged to violate this article. The board of review may review any ordinance, regulation, substantive policy statement or district practice alleged to violate this article and may hold hearings regarding the allegations. The board of review may recommend actions to alleviate the aspects of the ordinances, regulations, substantive policy statements or district practices alleged to violate this article.
Sec. 11. Title 48, chapter 21, article 2, Arizona Revised Statutes, is amended by adding section 48-3648.01, to read:
48-3648.01. Complaints; districts in large counties
A. The board of review in a county with a population of three hundred thousand or more persons shall provide a procedure for complaints concerning ordinances, substantive policy statements or district practices alleged to violate this chapter.
B. The board of directors may require the complaint to be made in writing and include the following information:
1. The name and address of the person making the complaint.
2. The ordinance, rule, substantive policy statement alleged to violate this chapter.
3. Any facts relevant to and the legal basis for the complaint.
C. If the complaint concerns a substantive policy statement or district practice, the complaint shall be submitted to the board of review. Within forty-five days after submission, the board of review shall in writing respond to the complaint or make recommendations for action to the board of directors.
D. The affected person, by filing with the clerk of the board, may appeal to the board of directors within thirty days after the board of review gives a written decision pursuant to subsection C of this section. The board of directors shall place the complaint concerning a substantive policy statement or district practice on its agenda within thirty days of its filing with the clerk.
E. If the complaint concerns whether a floodplain regulation has been adopted in substantial compliance with the requirements of this chapter, the affected person, by filing a complaint with the clerk of the board, may request a review of the validity of a floodplain regulation. The board of directors shall place the complaint on the board's agenda within thirty days of its filing with the clerk and provide a response to the complaint at the meeting.
F. If the complainant is unsatisfied with an action taken by the board on the complaint, the complainant may file an action for declaratory judgment pursuant to section 48-3651.
Sec. 12. Title 48, chapter 21, article 2, Arizona Revised Statutes, is amended by adding section 48-3651, to read:
48-3651. Declaratory judgment
A. in a county with a population of three hundred thousand or more persons, any person who is affected by a district policy or practice may obtain a judicial declaration of the validity of the policy or practice under section 48-3609, subsection B by filing an action for declaratory relief pursuant to title 12, chapter 10, article 2.
B. In a county with a population of three hundred thousand or more persons, Any person who is affected by a district floodplain regulation may obtain a judicial declaration of whether the floodplain regulation is void because it fails to substantially comply with the procedures adopted by the board pursuant to section 48-3609.02 or the provisions of this chapter by filing an action for declaratory relief in accordance with title 12, chapter 10, article 2.
C. Before filing an action pursuant to this section the person must comply with the requirements of section 48-3648.
Sec. 13. Effective date
This act is effective from and after August 31, 2013.
