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; grazing leases; definitions
A. The governing body of a city or town, by
ordinance, shall compel the owner, the
lessee or the occupant of
property to remove rubbish, trash, weeds or other accumulation of filth, debris
or dilapidated structures which 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 both the notice and the assessments, unless the removal
or abatement is ordered by a court.
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:
(a) Is guilty of a
class 1 misdemeanor or a civil violation and, shall
pay a fine or civil penalty of not less than five hundred dollars.
(b) In addition to any the fine or penalty which may be that is 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.
(c) Retains ownership and responsibility for the rubbish, trash,
filth or debris until it is disposed of as required by law.
B. 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 rubbish, trash, weeds, filth, debris or dilapidated
structures and abate the condition which constitutes a hazard to public health
and safety, the city or town may remove, abate, enjoin or cause their removal.
C. 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
the property from which the rubbish, trash, weeds or other accumulations are removed
or abated.
D. The ordinance may provide that the cost of
removal, abatement or injunction of such rubbish, trash, weeds, filth, debris
or dilapidated structures from any lot or tract of land, 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 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 the
recording of the assessment.
E. 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. An assessment that is past due accrues interest
at the rate prescribed by section 44‑1201.
G. 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
may be enforced in the same action.
H. 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 city or town 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. Notwithstanding
subsection A of this section, a person who has a grazing lease for state land
is not responsible for removal of any rubbish, trash, filth or debris that is
placed by another person on the leased land in violation of subsection A,
paragraph 3 of this section, if the other person is not an employee or agent of
the person leasing the property.
H. J. 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. K. For the purposes of this section:
1. "Property" includes buildings, grounds,
lots and tracts of land.
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; grazing leases;
definition
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 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 both the notice and the assessments.
3. That any person, firm or corporation that places
any rubbish, trash, filth or debris upon 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 five hundred
dollars.
(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 may be
assessed pursuant to this section for the removal of the rubbish, trash, filth
or debris.
(c) Retains ownership and responsibility for the rubbish, trash,
filth or debris until it is disposed of as required by law.
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, does not remove the rubbish, trash, weeds, filth, debris or
dilapidated buildings and abate the condition which constitutes a hazard to
public health and safety, the county may, at the expense of the owner, lessee
or occupant, 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 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 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
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, 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.
J. Notwithstanding
subsection A, a person who has a grazing lease for state land is not
responsible for removal of any rubbish, trash, filth or debris that is placed
by another person on the leased land in violation of subsection A, paragraph 3,
if the other person is not an employee or agent of the person leasing the
property.
I. K. As used in For the purposes of 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. L. As used in For the purposes of this section,
"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. 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 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, or 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 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. If the act is punishable under this paragraph, the person
shall pay a fine of not less than one thousand dollars.
2. 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. A class 2 misdemeanor if the act is not punishable under paragraph 1 or
2 of this subsection. END_STATUTE
Sec. 4. Section 49-745, Arizona Revised
Statutes, is amended to read:
START_STATUTE49-745. Ownership of solid waste
a. Solid
waste offered or set out for collection, transportation, storage, disposal or
recovery becomes, on acceptance by a management agency or solid waste facility,
the sole property of the accepting management agency or solid waste facility.
B. Any
person who places solid waste on any private or public property that is not
owned or under the control of that person retains ownership and responsibility
for the solid waste until the solid waste is disposed of as required by law.
END_STATUTE
