Assigned to GOV AS
PASSED BY HOUSE
Assigned to GOV AS
PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
zoning violations; notice; service
Purpose
Specifies when alternative methods for serving notice may be utilized and permits any authorized person to serve the notice. Modifies when fees will be paid for a writ on behalf of a justice of the peace.
Background
Currently, hearing officers may be appointed by a county to hear and determine violations of zoning regulations or ordinances. After a violation report, the hearing officer must hold a hearing upon serving a notice on the alleged violator (A.R.S. § 11-815).
At least five days before the hearing, the zoning inspector must personally serve the notice on the alleged violator. If the inspector is unable to personally serve the notice, it may be served in the same manner prescribed for alternative methods of service by the Arizona Rules of Civil Procedure. A notice served, other than by personal service, must be served at least 30 days before the hearing (A.R.S. § 11-815).
The Arizona Rules of Civil Procedure (Rules) provides court guidelines for serving summons to individuals, minors and governmental entities. However, if a party shows that means of service provided are impracticable, the court may order the service be accomplished in another manner (AZ R. Civil Rule 4.1(k)). These alternative means of service include mailing the summons and pleading to the last known business or residential address of the person being served, or by publication in a newspaper where the court action is pending.
Statute outlines fees due to a county sheriff for civil actions. For every writ served on behalf of a justice of the peace, the sheriff will receive a fee not exceeding $5 per writ, as established by a county Board of Supervisors (A.R.S. § 11-445).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems if a zoning inspector finds it is impracticable, rather than being unable, to personally serve the notice, alternative methods of service may be used as prescribed by the Rules.
2. Specifies impracticable includes serving notice outside the county boundaries or in situations when the hearing officer determines that personal service jeopardizes the safety of the zoning inspector or other authorized persons to perform the personal service.
3. Allows any authorized person, instead of only a zoning inspector, to perform personal service of the notice as authorized by the Rules.
4. Stipulates a sheriff will receive a fee for every writ issued, instead of served, on behalf of a justice of the peace.
5. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
· Establishes a sheriff will receive a fee for every writ issued, rather than served.
Senate Action House Action
GOV 1/24/18 DP 5-2-0 LIA 2/28/18 DPA 5-0-0-2
3rd Read 2/1/18 23-5-2 3rd Read 4/4/18 51-8-1
Prepared by Senate Research
April 4, 2018
JO/lat