ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: GOV DP 8-3-0-0

HB 2705: vacant; abandoned buildings; ordinances

Sponsor:  Representative Shope, LD 8

Caucus & COW

Overview

Allows the governing body of a city or town to adopt, implement and enforce an ordinance establishing requirements for a building that is vacant or abandoned.

History

Governing bodies of a city or town can require an owner, lessee or occupant of a property to remove any trash, weeds, accumulation of filth, debris or dilapidated buildings that pose a hazard to public health and safety through an ordinance. The ordinance is required to contain a written notice to the owner, provisions for appeal on both notices and assessments and stated violation penalties. Cities may remove, abate, forbid or cause the removal of the properties after the written notice is not adhered to (A.R.S. § 9-499).

Provisions

1.    Transfers the section of statute relating to the power of a city to remove rubbish and debris and dilapidated buildings to a new section. (Sec. 1)

2.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows the governing body of a city or town to adopt, implement and enforce an ordinance establishing the following requirements for a building that is vacant or abandoned for more than 150 days:

a)    Registration;

b)    Property standards;

c)    Inspection;

d)    Notice provisions;

e)    Proof of insurance and liability coverage from the owner; and

f)     An appeal process for the owner to challenge the determination of a city or town. (Sec. 3)

3.    Grants a city or town the ability to charge fees against an owner for the registration and inspection of the vacant or abandoned property, maintaining public safety, administering inspection and maintenance requirements and repairing, closing or demolishing the building or property. (Sec. 3)

4.    Allows a city or town to waive fees upon a favorable inspection, or grant an extension to comply with registration, inspection and maintenance requirements if the owner has a good reason for why the building or property is unoccupied while not being hazardous to the public. (Sec. 3)

5.    Specifies that delinquent fees are not eligible for a fee waiver. (Sec. 3)

6.    Prohibits a vacant or abandoned building from being reclassified as an unoccupied structure until the building no longer can be described as abandoned for at least 90 days and upon the compliance of the owner with the ordinance. (Sec. 3)

7.    Allows a city or town to limit the ordinance requirements to one or more zoning districts. (Sec. 3)

8.    Specifies that the owner has sole obligation to undertake the responsibilities and costs outlined in the ordinance and that the city or town can file liens for any real property costs related to the vacant or abandoned building. (Sec. 3)

9.    Prohibits an owner from avoiding compliance or liability by transferring property to people or entities controlled by the owner or a subsidiary or affiliate of the owner. (Sec. 3)

10.  Specifies that this Act does not apply to an unoccupied structure. (Sec. 3)

11.  Defines abandoned, owner, unoccupied structure and vacant. (Sec. 3)

12.  Makes technical and conforming changes. (Sec. 2)

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16.  Initials SJ/IR                     Caucus & COW

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