SB1493 - 551R

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

Section 1. Transfer and renumber

Section 9-499, Arizona Revised Statutes, is transferred and renumbered for placement in title 9, chapter 14, article 1, Arizona Revised Statutes, as added by this act, as section 9-1461.

Sec. 2. Section 9-500.21, Arizona Revised Statutes, is amended to read:

START_STATUTE9-500.21. Civil enforcement of municipal ordinances

A city or town that classifies ordinance violations as civil offenses shall establish procedures to hear and determine these violations that may include the following:

1. Filing of a complaint before a hearing officer. The city or town magistrate may serve as a hearing officer or the city or town may appoint a separate hearing officer.

2. Timely notice of the citation to the violator. If the city or town is unable to personally serve the notice, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure or by certified or registered mail, return receipt requested.

3. Procedures for the hearing, record on appeal, default by a defendant and rules of evidence that generally comply with those for civil traffic offenses.

4. Imposition of a civil penalty. At the conclusion of the hearing, the hearing officer shall determine whether a violation exists and, if so, may impose civil penalties of up to the maximum amount specified in section 9-240 for ordinance violations for each day a violation exists beyond the initial notice constituting a separate offense. The hearing officer may also order abatement of the violation pursuant to section 9-499 9-1461.

5. A provision that if the violator does not comply with a civil enforcement action, the city or town may file a criminal charge. A civil enforcement action is not a prerequisite to the filing of a criminal charge.

6. Judicial review of the final decisions of the hearing officer pursuant to section 12-124. END_STATUTE

Sec. 3. Title 9, Arizona Revised Statutes, is amended by adding chapter 14, to read:

CHAPTER 14

PROPERTY

ARTICLE 1. ABANDONED BUILDINGS

START_STATUTE9-1462. Registration; inspection and maintenance requirements; fees; administration; enforcement; definitions

A. The governing body of a city or town may adopt, implement and enforce an ordinance that establishes registration, inspection and maintenance requirements for a building in a commercial zone that is abandoned for more than one hundred fifty days.

B. The ordinance must include all of the following:

1. Registration requirements, including the name, residence or business address, telephone number and email address of each owner of the abandoned building. An owner residing outside of this state shall provide the name and address of a person who resides in this state who is authorized to accept service of process and notices on behalf of the owner and who is designated as a responsible local party or agent for the purposes of notification in the event of an emergency.

2. Property standards for abandoned buildings that require the owner to secure the property, ensure buildings are structurally sound, maintain utility connections required for fire protection and security, maintain all structures, fences and yards pursuant to the city or town code and maintain the building and property in a sanitary, safe and secure manner.

3. Requirements that an abandoned building be inspected. When carrying out inspections, the city or town shall comply with the requirements of section 9-833. The city or town may require the owner to make a request for inspection. The city or town inspector shall examine whether the abandoned building is secure from trespassers, is safe for entry by firefighters and police officers in an emergency, presents a hazard to the public or impedes efforts to rehabilitate or maintain surrounding properties. An abandoned building that is a hazard to public health and safety is subject to section 9-1461 and applicable city or town code. If the owner fails to request a required inspection or refuses to consent to an inspection initiated by the city or town or it is not possible to reasonably obtain consent from the owner, the city or town shall obtain a search warrant for the inspection of the abandoned building or property in compliance with title 13, chapter 38, article 8. If an abandoned building is owned by more than one person, consent for inspection may be obtained from any one of the owners.

4. Notice provisions for registration, inspection and maintenance requirements and assessment of fees or other penalties. The city or town must provide notices in writing by certified mail to the last known address of the owner or the address to which the tax bill for the property on which the building is located was last mailed. The notice shall include the legal description of the property, the fee owed to the city or town pursuant to this section and any penalty if the owner does not comply.

5. Requirements for the owner to provide proof of an insurance policy that shows sufficient liability coverage for the abandoned building.

6. An appeal process for the owner to challenge any determination made pursuant to the ordinance. The owner may appeal the final decision by the city or town to the superior court in the county in which the property is located within thirty days after the decision is rendered.

C. The city or town may charge fees to an owner for registration and inspection of the abandoned building and owners shall be jointly and severally liable for the payment of such fees. The ordinance shall provide procedures for administering and enforcing the fees for registration and inspections and paying and collecting the fees. The city or town shall separately account for fees collected under this section, which shall be used as follows:

1. To improve and maintain public safety in and around abandoned buildings and properties.

2. To administer the abandoned building registration, inspection and maintenance requirements established pursuant to this section.

3. To repair, close or demolish an abandoned building as authorized by section 9-1461.

D. The city or town may grant a waiver from fees for a favorable inspection or an extension to comply with the registration, inspection and maintenance requirements for an abandoned building if the owner demonstrates that the imposition of the fee would constitute a financial hardship or shows good cause for why the owner is unable to occupy the building for a determined period of time and the building or property is not a nuisance or a hazard to the public. Delinquent fees are not eligible for a fee waiver.

E. A building that is abandoned may not be reclassified as an unoccupied structure until the building no longer meets the definition of abandoned for a minimum period of ninety days and the owner has complied with the registration, inspection and maintenance requirements under this section, including paying any fees.

F. The governing body of a city or town shall limit the registration, inspection and maintenance requirements to an abandoned building in a commercial zone, including a business or historic district or a redevelopment project area, and an abandoned building that is contiguous to and including a highway if the abandoned building is WITHIN any six hundred feet along the highway that occupies at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.

G. This section does not impose a duty, obligation or requirement that a city or town undertake such repairs, demolition or maintenance measures that remain the obligation and responsibility of the owner. Costs of repairs, demolition and maintenance and related legal and administrative costs incurred by the city or town to secure the abandoned building are to be paid by the owner. The city or town may file liens on real property to collect amounts owed to the city or town for delinquent fees and costs incurred by the city or town for repairs, demolition or maintenance measures to the abandoned building.

H. An owner may not avoid compliance with or liability pursuant to this section by transferring the property to one or more persons or entities that are controlled by the owner or a subsidiary or an affiliate of the owner.

I. This section does not apply to an unoccupied structure.

J. For the purposes of this section:

1. "abandoned" means a building that is vacant and two or more of the following conditions exist on the property:

(a) Accumulation of trash, junk or debris or hazardous, noxious or unhealthy substances or materials.

(b) At least one filed report to law enforcement involving trespassing, vandalism or other illegal acts being committed at the property within the preceding one hundred fifty days.

(c) The property is open and unprotected or there is evidence of dilapidation, decay, deterioration due to exposure to the elements or damage due to wind, fire, flood or pests.

(d) More than one window or door on the property is boarded up, closed off, smashed through, broken, unhinged, continuously unlocked or is in an unrepaired or unsecured state.

(e) There are one or more written complaints by neighbors or representatives of a community association indicating the building or property contains any of the factors prescribed in subdivision (a), (c), or (d) of this paragraph.

2. "owner":

(a) Means a person or entity that individually or jointly with others:

(i) Has legal title to the property, with or without actual possession of the property.

(ii) Has charge, care or control of the property as an authorized agent, guardian or conservator of the owner.

(iii) Is an executor, administrator, trustee or personal representative of the estate of the owner.

(iv) Is entitled to control or direct the management or disposition of the property.

(b) Does not include this state or the federal government.

3. "unoccupied structure" means a building under construction or possessing an issued certificate of occupancy, or its equivalent, that does not meet the definition of abandoned pursuant to paragraph 1 of this subsection, and the owner is actively seeking occupancy through sale or lease of the property through customary commercial methods, including bona fide rental or sale signs on the property or the listing of the property on a multiple listing service.

4. "vacant":

(a) Means a building no longer used or occupied by its owner or other legally allowed occupant.

(b) Does not include an unoccupied structure. END_STATUTE