ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 

HB 2719: rubbish; removal; penalties

Sponsor:  Representative Petersen, LD 12

Committee on Government

Overview

Outlines the restrictions on penalties for a violation of statute relating to the removal of trash from property.

History

The city or town governing body and the county board of supervisors must, by ordinance, compel an owner, lessee or occupant of property to remove any rubbish, weeds, trash or other accumulation of filth, debris or dilapidated buildings that are a hazard to public health and safety.  The ordinance put forth by the city, town or county must include:

1)    Written notice to the owner;

2)    Provisions for appeal; and

3)    The fines and penalties that shall be imposed.

Current statute allows the city, town or county ordinance to provide that if a person with interest in the property does not remove the rubbish, trash, weeds, filth, debris or dilapidated buildings, the city, town or county may remove, abate, enjoin or cause their removal (A.R.S. §§ 9-499, 11-268).

Provisions

1.    Stipulates that the penalty for a violation of city, town or county ordinances related to the removal of trash may not exceed the maximum amount for a class 1 misdemeanor and may not include incarceration. (Sec. 1, 2)

2.    Prohibits a city, town or county ordinance from including any period of incarceration for a violation of trash removal by a person with an interest in the property. (Sec. 1, 2)

3.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes technical changes. (Sec. 1, 2)

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