|
REFERENCE TITLE: municipalities; counties; wildfire hazard removal |
|
State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
|
|
SB 1478 |
|
|
|
Introduced by Senators Otondo: Alston, Borrelli, Bowie, Bradley, Brophy McGee, Carter, Contreras, Dalessandro, Gonzales, Leach, Navarrete, Peshlakai, Pratt
|
AN ACT
Amending title 9, chapter 4, article 8, Arizona Revised Statutes, by adding section 9-500.46; amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-268.01; amending title 37, chapter 9, article 1, Arizona Revised Statutes, by adding section 37‑1309; appropriating monies; 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 9-500.46, to read:
9-500.46. Removal of wildfire hazards; fund; 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's, lessee's 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 percent of any assessed fine must be deposited in the general fund of the city or town in which the fine was assessed. At least fifty percent of the fine must be used by the city or town for the purposes of creating defensible space in and around wildland‑urban interface areas.
6. The city or town to establish an environmental review committee to oversee cleanup efforts.
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. The governing body of a city or town may establish a local wildfire hazard removal matching fund to aid in the removal of wildfire hazards in wildland-urban interface areas in the city or town. The fund shall consist of all of the following:
1. All amounts received by the city or town in the form of bequests, donations, grants or gifts of all kinds or property, in fee simple or otherwise, for the purpose of the removal of wildfire hazards in wildland-urban interface areas. Cities and towns may accept such bequests, donations, grants and gifts.
2. Matching monies deposited pursuant to section 37-1309.
3. Any other monies as determined by the governing body.
D. 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; fund; 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's, lessee's 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 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 percent of any assessed fine must be deposited in the general fund of the county in which the fine was assessed. At least fifty percent of the fine must be used by the county for the purposes of creating defensible space in and around wildland-urban interface areas.
6. That the county establish an environmental review committee to oversee cleanup efforts.
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. The county board of supervisors may establish a local wildfire hazard removal matching fund to aid in the removal of wildfire hazards in wildland-urban interface areas in the county. The fund shall consist of all of the following:
1. All amounts received by the county in the form of bequests, donations, grants or gifts of all kinds or property, in fee simple or otherwise, for the purpose of the removal of wildfire hazards in wildland‑urban interface areas. Counties may accept such bequests, donations, grants and gifts.
2. Matching monies deposited pursuant to section 37-1309.
3. Any other monies as determined by the board of supervisors.
D. 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. 3. Title 37, chapter 9, article 1, Arizona Revised Statutes, is amended by adding section 37-1309, to read:
37-1309. Wildfire hazard removal matching fund
A. The wildfire hazard removal matching fund is established consisting of legislative appropriations and any other monies. The Arizona department of forestry and fire management shall administer the fund. Monies in the fund are subject to legislative appropriation.
B. Subject to available monies, a city, town or county that establishes a local wildfire hazard removal matching fund pursuant to section 9-500.46, subsection C or section 11-268.01, subsection C may apply for a onetime, dollar-for-dollar state matching grant from the fund to assist the city, town or county in the removal of wildfire hazards in wildland-urban interface areas. The state forester shall prescribe the manner in which a city, town or county shall:
1. Apply for the grant.
2. Certify the amount of matching monies raised by the city, town or county.
3. Otherwise demonstrate eligibility.
C. On determining that the city, town or county has met the eligibility requirements prescribed by the state forester pursuant to subsection B of this section, the state forester shall transmit the state matching monies under this section to the city, town or county, and the city, town or county shall deposit the monies in the local wildfire hazard removal matching fund pursuant to section 9-500.46, subsection C or section 11-268.01, subsection C.
Sec. 4. Appropriation; wildfire hazard removal matching fund
The sum of $1,000,000 is appropriated from the state general fund in fiscal year 2019-2020 to the wildfire hazard removal matching fund established by section 37‑1309, Arizona Revised Statutes, as added by this act.