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REFERENCE TITLE: vacant; abandoned property; inspection; maintenance |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2716 |
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Introduced by Representatives Villegas: Abeytia, Austin, Cavero, De Los Santos, Garcia, Gutierrez, Liguori, Luna-Nájera, Márquez, Mathis, Sandoval, Simacek, Stahl Hamilton
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AN ACT
amending title 9, chapter 4, article 8, arizona revised statutes, by adding section 9-500.54; relating to municipal authority.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.54, to read:
9-500.54. Vacant; abandoned property; inspection; maintenance; fees; applicability; definition
A. The governing body of a city or town may adopt, implement and enforce an ordinance that establishes registration, inspection and maintenance requirements for residential and commercial buildings that are vacant or abandoned for more than one hundred fifty days.
B. An ordinance established pursuant to subsection A of this section must include all of the following:
1. A requirement that the vacant or abandoned building be registered. The registration shall include the name, residence or business address, telephone number and email addresses of each owner of the vacant or abandoned building. A vacant or abandoned building owner who is residing outside of this state shall provide with the registration the name and address of a person who resides in this state, who is authorized to accept service of process and notices on behalf of the owner and who is designated as a responsible local party or agent for the purposes of notification in the event of an emergency.
2. Property standards for vacant or abandoned buildings that require the owner to do all of the following:
(a) Secure the property.
(b) Ensure that all buildings are structurally sound.
(c) Maintain utility connections that are required for fire protection and security protection.
(d) Maintain all structures, fences and yards pursuant to applicable city or town codes.
(e) Maintain the building and property in a sanitary, safe and secure manner.
3. A requirement that a vacant or abandoned building be inspected. When carrying out inspections, the city or town shall comply with the requirements of section 9-833. The city or town may require the vacant or abandoned building owner to make a request for inspection. The city or town inspector shall determine if the vacant or abandoned building is any of the following:
(a) Secure from trespassers.
(b) Safe for entry by firefighters and police officers.
(c) A hazard to the public or an impediment to efforts to rehabilitate or maintain surrounding properties.
4. A Notice provision for registration, inspection and maintenance requirements and assessment of fees or other penalties. The city or town shall provide notice in writing by certified mail to the last known address of the owner of the vacant or abandoned building or to the address to which the property tax bill for the property on which the vacant or abandoned building is located was last mailed. The notice must include the legal description of the property, the fee owed to the city or town pursuant to this section and any penalty that may be assessed if the owner does not comply WITH the requirements of this section.
5. A requirement for the owner of a vacant or abandoned building to provide proof of an insurance policy that shows sufficient liability coverage for the building.
6. An appeal process for the owner of a vacant or abandoned building to challenge any determination made pursuant to an ordinance adopted pursuant to this section. The owner may appeal the final decision by the city or town to the superior court of the county in which the property is located within thirty days after the decision is entered.
C. The city or town may charge the owner of a vacant or abandoned building fees for registration and inspection of the vacant or abandoned building, and all of the owners of the vacant or abandoned building shall be jointly and severally liable for the payment of any fees that are imposed pursuant to this subsection. An ordinance adopted pursuant to subsection A of this section shall provide procedures for administering and enforcing the fees for registration and inspections and paying and collecting the fees. The city or town shall separately account for fees collected pursuant to this section, which shall be used as follows:
1. To improve and maintain public safety in and around vacant or abandoned buildings and properties.
2. To administer the vacant or abandoned building registration, inspection and maintenance requirements established pursuant to this section.
3. To repair, close or demolish a vacant or abandoned building as authorized by section 9-499.
D. The city or town may grant a waiver from fees for a vacant or abandoned building on a favorable inspection or an extension to comply with the registration, inspection and maintenance requirements of this section if the owner shows good cause why the owner is unable to occupy the building for a determined period of time and the building or property is not a nuisance or a hazard to the public. Delinquent fees are not eligible for a fee waiver pursuant to this subsection.
E. A vacant or abandoned building that is a hazard to public health and safety is subject to section 9-499 and all applicable city or town codes.
F. If the owner fails to request a required inspection pursuant to subsection B, paragraph 3 of this section or refuses to consent to an inspection initiated by the city or town or if it is not possible to reasonably obtain consent from the owner, the city or town shall obtain a search warrant for the inspection of the vacant or abandoned building or property in compliance with title 13, chapter 38, article 8. If a vacant or abandoned building is owned by more than one person, consent for inspection may be obtained from any one of the owners.
G. A vacant or abandoned building may not be reclassified as an unoccupied structure until the building has not been abandoned or vacant for a minimum period of ninety days and the owner has complied with the registration, inspection, maintenance and payment of fees requirements of this section.
H. The governing body of a city or town may limit the registration, inspection and maintenance requirements to one or more zoning districts.
I. This section does not impose a duty, obligation or requirement that a city or town undertake repairs, demolition or maintenance measures that are the obligation and responsibility of the owner of the abandoned or vacant building. Costs of repairs, demolition and maintenance and related legal and administrative costs incurred by the city or town to secure the vacant or abandoned building are the responsibility of the owner of the vacant or abandoned building. The city or town may file liens on real property to collect amounts owed to the city or town for delinquent fees and costs incurred by the city or town for repairs, demolition or maintenance measures for the vacant or abandoned building.
J. An owner may not avoid compliance or liability with this section by transferring the property to one or more persons or entities that are controlled by the owner or a subsidiary or an affiliate of the owner.
K. This section does not apply to an unoccupied structure.
L. For the purposes of this section "abandoned" means a building that is vacant and two or more of the following conditions exist on the property:
1. accumulation of trash, junk or debris or hazardous, noxious or unhealthy substances or materials.
2. absence of furnishings or window coverings.
3. at least one report to a law enforcement agency involving trespassing, vandalism or other illegal acts being committed at the property within the preceding one hundred fifty days.
4. the property is open and unprotected or there is evidence of dilapidation, decay, deterioration due to exposure to the elements or damage due to wind, fire, flood or pests.
5. nonpayment or disconnection of gas, electrical, water or wastewater utilities.
6. construction was initiated on the property and was discontinued before the city or town issued a certificate of occupancy, or its equivalent, leaving the building unsuitable for occupancy, and no construction has taken place for at least one hundred fifty days or other time period pursuant to the city or town building code in effect at the time construction was initiated, whichever is less.
7. more than one window or door on the property is boarded, closed off, smashed, broken, unhinged, continuously unlocked or is in an unrepaired or unsecured state.