HB2316 - 541R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-268, Arizona Revised Statutes, is amended to read:

START_STATUTE11-268. Removal of rubbish, trash, junk vehicles, weeds, filth, debris and dilapidated buildings; violation; classification; 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, junk vehicles, 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 the owner's, occupant's or lessee'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 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, junk vehicles, 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, junk vehicles, filth or debris from that property. 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, junk vehicles, 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, junk vehicles, 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, junk vehicles, 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, junk vehicles, weeds, filth, debris or dilapidated buildings are removed.

D. the board of supervisors may prescribe by ordinance a procedure for removing and disposing of junk vehicles from a property where abatement of a dilapidated building is occurring. The department of transportation shall determine whether the vehicle is a junk vehicle as defined in this section. if the vehicle is not a junk vehicle, the county may relocate the vehicle to a secure location during the time of actual abatement and return the vehicle to the property once the abatement is complete. all costs associated with removing, storing and returning the vehicle to the property shall be included as part of the assessment for the abatement of the property. Returning a vehicle to the property after abatement does not waive or provide relief for any violation related to the vehicle being on the property.

D. e. The ordinance may provide that the cost of removal, abatement or injunction of the rubbish, trash, junk vehicles, 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, junk vehicles, weeds, filth, debris or dilapidated buildings are removed, abated or enjoined. 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. f. Assessments that are imposed under subsection D e 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. g. 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. h. 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. i. 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. j. If a person, firm or corporation is required to remove any rubbish, trash, junk vehicle, 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, junk vehicle, filth or debris has been disposed of as required by law.

J. k. For the purposes of this section:

1. "Dilapidated building" means any real property structure that is likely to burn or collapse and its or the condition of the real property structure is a public nuisance or endangers the life, health, safety or property of the public.

2. "JUNK VEHICLE" has the same meaning prescribed in section 28‑4881.

2. 3. 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. 4. Owner does not include a state or federal landowner.

5. "PUBLIC NUISANCE" means a condition described in section 36‑601, subsection A, paragraph 12. END_STATUTE