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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2578 |
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AN ACT
Amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-499.17; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-268.01; relating to wildfire hazards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-499.17, to read:
9-499.17. Removal of wildfire hazards; definition
A. The governing body of a city or town that contains a wildland-urban interface area, by ordinance, shall compel the owner, lessee or occupant of private property that is located in the wildland-urban interface area to remove from the property any hazardous vegetation, other natural fuels, trash or other accumulation that constitutes a wildfire hazard. An ordinance must require:
1. The fire chief or fire district to coordinate with the state fire marshal and the state forester to identify and map wildfire risk areas.
2. Written notice to the owner, lessee or occupant of private property. The notice must be given at least thirty days before the day set for compliance and must include the estimated cost of any removal to the city or town if the owner, occupant or lessee does not comply. The owner shall be given at least thirty days to comply. The notice must be either personally served or mailed by certified mail to the owner, lessee or occupant's 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 must also be sent to the owner at the owner's last known address.
3. Provisions for appeal on both the notice and the assessments.
4. That An owner, lessee or occupant of private property who is required to remove any hazardous vegetation, other natural fuels, trash or other accumulation provide the city or town with documentation evidencing compliance with the ordinance.
5. That an owner, lessee or occupant of private property who fails to comply with the ordinance is guilty of a petty offense. One hundred per cent of any assessed fine or civil penalty must be deposited in the general fund of the city or town in which the fine or civil penalty was assessed. At least fifty per cent of the fine or civil penalty must be used by the city or town for the purposes of creating defensible space in and around wildland-urban interface areas.
B. The ordinance may provide that if the owner, lessee or occupant, after notice as required by subsection A, paragraph 2 of this section, does not remove or cause to be removed the hazardous vegetation, other natural fuels, trash or other accumulation and abate the condition that constitutes a wildfire hazard, the city or town may remove, abate, enjoin or cause their removal and the owner, lessee or occupant is liable for all costs associated with removal of the hazardous vegetation, other natural fuels, trash or other accumulation.
C. For the purposes of this section, "wildland-urban interface area" means a geographical area where residential or commercial structures meet or intermingle with federal, state, tribal or other public land that is undeveloped, other than transportation or utility infrastructure.
Sec. 2. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-268.01, to read:
11-268.01. Removal of wildfire hazards; definition
A. The board of supervisors of a county that contains a wildland-urban interface area, by ordinance, shall compel the owner, lessee or occupant of private property that is located in the wildland-urban interface area to remove from the property any hazardous vegetation, other natural fuels, trash or other accumulation that constitutes a wildfire hazard. An ordinance must require and include:
1. A fire district to coordinate with the state fire marshal and the state forester to identify and map wildfire risk areas.
2. Written notice to the owner, lessee or occupant of private property. The notice must be given at least thirty days before the day set for compliance and must include the estimated cost of any removal to the county if the owner, occupant or lessee does not comply. The owner shall be given at least thirty days to comply. The notice must be either personally served or mailed by certified mail to the owner, lessee or occupant's 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 must also be sent to the owner at the owners last known address.
3. Provisions for appeal on both the notice and the assessments.
4. That an owner, lessee or occupant of private property who is required to remove any hazardous vegetation, other natural fuels, trash or other accumulation provide the county with documentation evidencing compliance with the ordinance.
5. That An owner, lessee or occupant of private property who fails to comply with the ordinance is guilty of a petty offense. One hundred per cent of any assessed fine or civil penalty must be deposited in the general fund of the county in which the fine or civil penalty was assessed. At least fifty per cent of the fine or civil penalty must be used by the county for the purposes of creating defensible space in and around wildland-urban interface areas.
B. The ordinance may provide that if the owner, lessee or occupant, after notice as required by subsection A, paragraph 2 of this section does not remove or cause to be removed the hazardous vegetation, other natural fuels, trash or other accumulation and abate the condition that constitutes a wildfire hazard, the county may remove, abate, enjoin or cause their removal and the owner, lessee or occupant is liable for all costs associated with removal of the hazardous vegetation, other natural fuels, trash or other accumulation.
C. For the purposes of this section, "wildland-urban interface area" means a geographical area where residential or commercial structures meet or intermingle with federal, state, tribal or other public land that is undeveloped, other than transportation or utility infrastructure.