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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
rubbish; removal; penalties
Purpose
Prohibits the penalty for violating a municipal or county ordinance relating to the removal of rubbish, trash, weeds, filth, debris or dilapidated buildings from exceeding the maximum fine for a class 1 misdemeanor or from including any period of incarceration.
Background
The governing body of a city or town and the board of supervisors of a county, by ordinance, must compel the owner, lessee or occupant of property to remove any rubbish, trash, weeds, filth, debris or dilapidated buildings that constitute a public health and safety hazard from the property and contiguous sidewalks, streets and alleys. The ordinance must specify the person, firm or corporation that recklessly places any rubbish, trash, filth, debris or dilapidated buildings on any property not owned or under control of that person is guilty of a class 1 misdemeanor or a civil violation, unless the person immediately removes the rubbish, trash, filth, debris or dilapidated buildings from the property. Any assessed fine or civil penalty must be deposited into the city, town or county general fund. Additionally, the ordinance may provide that the cost of removal, abatement or injunction of the rubbish, trash, weeds, filth, debris or dilapidated buildings from any property be assessed on the property from which the rubbish, trash, weeds, filth, debris or dilapidated buildings are removed, abated or enjoined (A.R.S. §§ 9-499 and 11-268).
The maximum sentence of imprisonment for a class 1 misdemeanor is six months and the maximum fine for a class 1 misdemeanor is $2,500 for an individual (A.R.S. §§ 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the penalty for violating a city, town or county ordinance relating to the removal of rubbish, trash, weeds, filth, debris or dilapidated buildings from exceeding the amount of the maximum fine for a class 1 misdemeanor or from including any period of incarceration.
2. Prohibits a city, town or county ordinance relating to the removal of rubbish, trash, weeds, filth, debris or dilapidated buildings from a property from including any period of incarceration for a violation by a person with an interest in the property.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
GOV 2/13/20 DP 11-0-0-0
3rd Read 2/27/20 50-10-0
Prepared by Senate Research
March 5, 2020
MH/CS/kja