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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2716: vacant; abandoned property; inspection; maintenance
Sponsor: Representative Villegas, LD 20
Committee on Government
Overview
Allows a municipality to enforce an ordinance that establishes requirements for vacant or abandoned buildings. Outlines an ordinance's conditions.
History
Abandonment of a dwelling unit, under the Arizona Residential Landlord and Tenant Act, is a tenant's absence from the dwelling unit without notice to landlord for at least seven days in the case that rent is outstanding and unpaid for ten days and there is no reasonable evidence that the tenant is occupying the residence other than personal property. Abandonment is also a tenant's absence for at least five days if the rent is outstanding and unpaid for five days and none of the tenant's personal property is in the dwelling unit (A.R.S. § 33-1370).
Provisions
1. Permits a municipality's governing body to adopt, implement and enforce an ordinance to establish registration, inspection and maintenance requirements for residential and commercial buildings that are abandoned or vacant for over 150 days. (Sec. 1)
2. Asserts that the ordinance must include all of the following:
a. a requirement that the vacant or abandoned building is registered;
b. property standards for such buildings;
c. a requirement that such buildings be inspected;
d. a notice provision for registration, inspection and maintenance requirements and assessment of fees or other penalties;
e. a requirement for the owner to provide proof of an insurance policy showing sufficient liability coverage; and
f. an appeal process for the owner to challenge any determination made under this legislation. (Sec. 1)
3. Specifies that the registration must include each owner's name, residence or business address, phone number and email address. (Sec. 1)
4. Requires that a vacant or abandoned building owner who resides outside of Arizona must provide the name and address of someone who lives in Arizona, is authorized to accept service and notice on the owner's behalf and is designated as a responsible local party for notification during an emergency. (Sec. 1)
5. Mandates the owner to do the following to comply with property standards:
a. secure the property;
b. ensure that all buildings are structurally sound;
c. maintain utility connection as required for fire and security protection;
d. maintain all structures, fences and yards according to municipality codes; and
e. maintain the building and property in a sanitary, safe and secure manner. (Sec. 1)
6. Requires the municipality to comply with statute relating to inspections for municipal regulations. (Sec. 1)
7. Allows the municipality to require the owner to make a request for inspection and the municipality to charge the owner registration and inspection fees. (Sec. 1)
8. Directs the municipality's inspector to determine if the building is any of the following:
a. secure from trespassers;
b. safe for firefighter and police entry; or
c. a hazard to the public or impediment to efforts to rehabilitate or maintain surrounding properties. (Sec. 1)
9. Requires a municipality to provide notice for requirements, fee assessments or penalties via certified mail to the owner's last known address or the address to which the property tax bill was last mailed and include:
a. the property's legal description;
b. the fee owed to the municipality under this legislation; and
c. any penalty that could be assessed if the owner does not comply with this legislation. (Sec. 1)
10. Permits the owner to appeal the municipality's final decision to the county superior court within 30 days. (Sec. 1)
11. Asserts that all owners must be jointly and severally liable for any fee payment according to this legislation. (Sec. 1)
12. Requires the ordinance to provide procedures for administering, enforcement and collecting fees and the municipality to separately account for fees collected under this act and use them as follows:
a. to improve and maintain public safety in and around vacant or abandoned buildings;
b. to administer the vacant or abandoned building registration, inspection and maintenance requirements; and
c. to repair, close or demolish a vacant or abandoned building. (Sec. 1)
13. Permits a municipality to grant a fee waiver, excluding delinquent fees, on a favorable inspection or an extension to comply with the requirements in the case that the owner shows good cause for being unable to occupy the building for a certain time period and that the building is not a nuisance or hazard to the public. (Sec. 1)
14. Subjects a vacant or abandoned building that is a hazard to public health and safety to the statute relating to removal of dilapidated buildings and all applicable municipality code. (Sec. 1)
15. Directs the municipality to obtain a search warrant to inspect such buildings in the case that an owner does not request the inspection, refuses to consent to the inspection or the municipality cannot obtain the owner's consent. (Sec. 1)
16. Stipulates that consent for inspection can be obtained by any one of the owners of such buildings in the case that there is more than one owner. (Sec. 1)
17. Prohibits such buildings from being reclassified as an unoccupied structure until the building has not been abandoned or vacant for at least 90 days and the owner has complied with all requirements. (Sec. 1)
18. Permits a municipality's governing body to limit the requirements to one or more zoning districts. (Sec. 1)
19. Permits the municipality to file liens on real property to collect amounts owed to the municipality for delinquent fees and costs as a result of repair, demolition or maintenance measures. (Sec. 1)
20. Asserts that repair, demolition, maintenance, legal and administrative costs are the owner's responsibility and that an owner cannot avoid compliance or liability by transferring the property to entities that are controlled by the owner or an affiliate of the owner. (Sec. 1)
21. Exempts an unoccupied structure from application to this legislation. (Sec. 1)
22. Defines abandoned. (Sec. 1)
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26. Initials ML/MN HB 2716
27. 2/16/2026 Page 0 Government
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