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REFERENCE TITLE: water conservation; cities; towns |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2600 |
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Introduced by Representative Miranda C
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AN ACT
amending section 9‑500.08, Arizona Revised Statutes; RELATING to city or town water conservation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-500.08, Arizona Revised Statutes, is amended to read:
9-500.08. Enforcement of water conservation plumbing requirements; residential and commercial water conservation; civil penalty
A. The governing body of a city or town may designate an appropriate official to enforce all or a portion of title 45, chapter 1, article 12, relating to water conservation plumbing requirements. If a city or town designates an official pursuant to this subsection, it shall notify the department of water resources, in writing, of its intent to do so. An election under this subsection divests the department of water resources of jurisdiction to enforce those provisions, except that the department may enforce those provisions against any person who manufactures or distributes to a wholesaler or retailer any plumbing fixture for use in this state.
B. The city or town may retain the revenues from all civil penalties and assessments collected by the city or town under this section subsection A and title 45, chapter 1, article 12 as reimbursement for the costs of past enforcement actions and to fund future enforcement efforts.
C. The governing body of a city or town shall enact an ordinance regulating the watering of landscape for a residential or commercial property. The ordinance shall prescribe that during the period of April 15 through October 15 the landscape of a residential or commercial property may only be watered three times a week and during the period of October 16 through April 14 the landscape of a residential or commercial property owner may only be watered two times a week. A residential property owner who violates the ordinance is subject to a civil penalty of fifty dollars for each violation, and a commercial property owner who violates the ordinance is subject to a civil penalty of one hundred dollars for each violation. A city or town enforcement officer shall not issue a citation for a violation of the ordinance unless the enforcement officer has reasonable cause to believe there is another alleged violation of an ordinance of the city or town that relates to the residential or commercial property. The city or town shall retain the revenues from all civil penalties collected by the city or town under this subsection as reimbursement for the costs of enforcement actions and to fund future enforcement efforts.