Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-499, Arizona Revised
Statutes, is amended to read:
START_STATUTE9-499. Removal of rubbish, trash, weeds,
filth, debris and dilapidated structures; removal by city; costs assessed;
collection; priority of assessment; definitions
A. The governing body of a city or town, by
ordinance, shall compel the owner, lessee or occupant of property to remove from the property and its contiguous
sidewalks, streets and alleys any rubbish, trash, weeds or other
accumulation of filth, debris or dilapidated structures which that
constitute a hazard to public health and safety from buildings, grounds, lots, contiguous sidewalks, streets
and alleys. An ordinance shall require:
1. Written notice to the owner, the owner's
authorized agent or the owner's statutory agent and to the occupant or lessee.
The notice shall be served either by personal service or by certified mail. If
notice is served by certified mail, the notice shall be mailed to the last
known address of the owner, the owner's authorized agent or the owner's
statutory agent and to the address to which the tax bill for the property was
last mailed. The notice shall be given not less than thirty days
before the day set for compliance and shall include the legal description of
the property and the cost of such removal to the city or town if the owner,
occupant or lessee does not comply. The owner shall be given not
less than thirty days to comply. The city or town may record the notice in the
county recorder's office in the county in which the property is
located. If the notice is recorded and compliance with the notice is
subsequently satisfied, the city or town shall record a release of the notice.
2. Provisions for appeal to and a hearing by the governing body of the city or town or
a board of citizens that is appointed by the governing body on that include appropriate documentation that
the rubbish, trash, filth or debris is of a quantity, nature or specificity
that the property owner is unlikely to be the originator of the violation. Both
the notice and the assessments may be
appealed, unless the removal or abatement is ordered by a court.
If ownership of the rubbish, trash,
filth or debris cannot be determined, any civil penalty may be waived and the
property owner is responsible for all removal.
3. That any
person, firm or corporation that places any rubbish, trash, filth or debris
upon any private or public property not owned or under the control of that
person, firm or corporation is guilty of a class 1 misdemeanor or a civil
violation and, in addition to any fine or penalty which may be imposed for a
violation of any provision of this section, is liable for all costs which may
be assessed pursuant to this section for removing, abating or enjoining the
rubbish, trash, filth or debris.
3. That any
person that places or causes to be placed any rubbish, trash, filth or debris
on any property not owned or under the control of that person:
(a) Is guilty of a class 1
misdemeanor or a civil violation and shall pay a fine or civil penalty of not
less than one thousand eight hundred dollars. This fine or civil penalty shall
not be waived or suspended. Fifty per cent of any assessed fine or civil
penalty shall be deposited in the general fund of the city or town in which the
fine or civil penalty was assessed for the purposes of illegal dumping cleanup.
(b) In addition to any fine or
penalty imposed for a violation of this section, is liable for all costs that
may be assessed pursuant to this section for removing, abating or enjoining the
rubbish, trash, filth or debris and for all costs incurred by the owner,
lessee, occupant or lienholder of the property in the removal and disposal of
the rubbish, trash, filth or debris.
(c) If required to remove any
rubbish, trash, filth or debris pursuant to this section, shall provide the
city or town with a receipt from a disposal facility or other documentation
evidencing lawful disposal of the rubbish, trash, filth or debris.
B. Any
person that places or causes to be placed any rubbish, trash, filth or debris
on any property that is not owned or under the control of that person or on any
state trust land or federal land and not under the control of that person
retains ownership of the rubbish, trash, filth or debris until the person
lawfully disposes of the rubbish, trash, filth or debris.
B. c. The ordinance may
provide that if any person with an interest in the property, including an
owner, lienholder, lessee or occupant, after notice as required by subsection
A, paragraph 1 of this section does not remove such or
cause to be removed the rubbish, trash, weeds, filth, debris or
dilapidated structures and abate the condition which that
constitutes a hazard to public health and safety, the city or
town may remove, abate, enjoin or cause their removal.
C. d. The governing
body of the city or town may prescribe by ordinance a procedure for the 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
connected costs, an assessment upon
on the property from
which the rubbish, trash, weeds,
structures or other accumulations are removed or abated.
D. e. The ordinance may
provide that the cost of removal, abatement or injunction of such the
rubbish, trash, weeds, filth, debris or dilapidated structures
from any lot or tract of land property, and associated legal
costs for abatement or injunctions, shall be assessed on the property from
which the rubbish, trash, weeds, accumulations or dilapidated structures are
removed, abated or enjoined. The city or town may 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, the legal
description of the property and the name of the city or town imposing the
assessment. Any assessment recorded after July 15, 1996 is prior and superior
to all other liens, obligations, mortgages or other encumbrances, except liens
for general taxes. A sale of the property to satisfy an assessment obtained
under the provisions of
this section shall be made upon
on judgment of
foreclosure and order of sale. A city or town shall have the right
to bring an action to enforce the assessment 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 assessment by such action shall not
affect its validity. The recorded assessment shall be prima facie evidence of
the truth of all matters recited in the assessment and of the regularity of all
proceedings prior to before the recording of the
assessment.
E. f. Assessments that
are imposed under subsection D of
this section run against the property until paid and are due and payable in
equal annual installments as follows:
1. Assessments of less than five hundred dollars
shall be paid within one year after the assessment is recorded.
2. Assessments of five hundred dollars or more but
less than one thousand dollars shall be paid within two years after the
assessment is recorded.
3. Assessments of one thousand dollars or more but
less than five thousand dollars shall be paid within three years after the
assessment is recorded.
4. Assessments of five thousand dollars or more but
less than ten thousand dollars shall be paid within six years after the
assessment is recorded.
5. Assessments of ten thousand dollars or more shall
be paid within ten years after the assessment is recorded.
F. g. An assessment
that is past due accrues interest at the rate prescribed by section 44‑1201.
G. h. A prior
assessment for the purposes provided in this section shall not be a bar to a
subsequent assessment or assessments for these purposes, and any number of
assessments on the same lot or tract of
land property may
be enforced in the same action.
H. i. This section
applies to all cities and towns organized and operating under the general law
of this state, and
cities and towns organized and operating under a special act or charter.
I. j. For the purposes of this section:
1. "Property" includes buildings, grounds, lots and tracts of land real property and structures on the real
property.
2. "Structures" includes buildings,
improvements and other structures that are constructed or placed on land. END_STATUTE
Sec. 2. Section
11-268, Arizona Revised Statutes, is amended to read:
START_STATUTE11-268. Removal of rubbish, trash, 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, weeds, filth,
debris or dilapidated buildings which
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 not less than 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 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 to the board of supervisors on that include appropriate documentation that the rubbish,
trash, filth or debris is of a quantity, nature or specificity that the
property owner is unlikely to be the originator of the violation. Both
the notice and the assessments may be
appealed. If ownership of the rubbish, trash, filth or debris cannot be
determined, any civil penalty may be waived and the property owner is
responsible for all removal.
3. That any person, firm or corporation that places
any rubbish, trash, filth or debris upon
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 and shall pay a
fine of not less than one thousand eight hundred dollars. Fifty per cent of
any assessed fine shall be deposited in the SOLID waste fee fund established by
section 49‑881. ,
(b) In addition to any the fine which may be that is
imposed for a violation of any
provision of this section, is liable for all costs which that
may be assessed pursuant to this section for the removal of the
rubbish, trash, 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, weeds, filth, debris or dilapidated
buildings and abate the condition which
that constitutes a hazard
to public health and safety, the county may,
at the expense of the owner, lessee or occupant, may remove, abate, enjoin or cause the removal
of the rubbish, trash, 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 such removal or abatement, including the actual costs of any additional
inspection and other incidental costs in connection with the removal or
abatement, an assessment upon
on the lots and tracts of
land from which the rubbish, trash, weeds, filth, debris or dilapidated
buildings are removed.
D. The ordinance may provide that the cost of
removal, abatement or injunction of the rubbish, trash, 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 upon on
the property from which the rubbish, trash, 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 the effective date of this amendment to this
section 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.
E. Assessments that are imposed under subsection D 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
shall be paid within one year after the assessment is recorded.
2. Assessments of five hundred dollars or more but
less than one thousand dollars shall be paid within two years after the
assessment is recorded.
3. Assessments of one thousand dollars or more but
less than five thousand dollars shall be paid within three years after the
assessment is recorded.
4. Assessments of five thousand dollars or more but
less than ten thousand dollars shall be paid within six years after the
assessment is recorded.
5. Assessments of ten thousand dollars or more shall
be paid within ten years after the assessment is recorded.
F. 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. 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. 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. If a
person, firm or corporation is required to remove any rubbish, trash, 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, filth or debris has been disposed of as
required by law.
I. As used in
this section 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.
J. As used in
for the purposes of this
section: ,
1. "Dilapidated
building" means any real property structure that is in such disrepair or
is damaged to the extent that its strength or stability is substantially less
than a new building or it is likely to burn or collapse and its condition
endangers the life, health, safety or property of the public.
2. "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. END_STATUTE
Sec. 3. Section 13-1603, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-1603. Criminal littering or polluting;
classification
A. A person commits criminal littering or polluting
if such the person without lawful authority does any
of the following:
1. Throws, places, drops or permits to be dropped on
public property or property of another which
that is not a lawful dump
any litter, destructive or injurious material which he that the person does not immediately remove.
2. Discharges or permits to be discharged any
sewage, oil products or other harmful substances into any waters or onto any
shorelines within the this state.
3. Dumps any earth, soil, stones, ores or minerals
on any land.
B. Criminal littering or polluting is punished PUNISHABLE as follows:
1. A class 6 felony if the act is a knowing violation of subsection A
in which the amount of litter or other prohibited material or substance exceeds
three hundred pounds in weight or one hundred cubic feet in volume or is done
in any quantity for a commercial purpose.
2. A class 1
misdemeanor if the act is a knowing violation of subsection A, paragraph 1 in
which the amount of litter or prohibited material or substance is three hundred
pounds or less in weight or one hundred cubic feet or less in volume and is not
done for a commercial purpose.
2. 3. A class 1
misdemeanor if the act is not punishable under paragraph 1 of this subsection
and involves placing any destructive or injurious material on or within fifty
feet of a highway, beach or shoreline of any body of water used by the public.
3. 4. A class 2
misdemeanor if the act is not
punishable under paragraph 1,
or 2 or 3 of this subsection.
C. A
violation of subsection A, paragraph 1 or 2 is punishable by a fine of not less
that two thousand five hundred dollars, and the fine shall not be waived or
suspended. Fifty per cent of any assessed fine shall be deposited in the
general fund of the county in which the fine was assessed for the purposes of
illegal dumping cleanup. END_STATUTE