House of Representatives

SB 1331

teachers contracts; technical correction

(now: municipal ordinances, civil enforcement)

Sponsors: Senator Mitchell

DPA	Committee on Counties & Municipalities
dp	Committee on Judiciary
DPA	Caucus and COW
X	As Passed the House

SB 1331 adds a new section of statute relating to the civil enforcement of municipal ordinances.

History

Laws 1999, Chapter 175, Section 1, allowed the common council of municipalities to classify an ordinance violation as either criminal or civil offenses. Examples of city ordinances are noise and conform to zoning code ordinances. SB 1331 outlines the procedures for hearing ordinance violations that have been classified as civil offenses.

Provisions

· Stipulates that municipalities that classify ordinance violations as civil offenses must establish procedures for hearing and determining the violations which may include the following:

Ø the filing of a complaint before a hearing officer

Ø timely notice of the citation to the violator through certified or registered mail

Ø procedures for the hearing, record on appeal, default by a defendant and rules of evidence that generally comply with those for civil traffic offenses

Ø the imposition a civil penalty of up to $2500 or no more than 6 months of imprisonment or confinement at hard labor for each existing violations

Ø an order of abatement for violations relating to rubbish and dilapidated structures

Ø noncompliance with civil enforcement action may result in a criminal charge, though it is not a prerequisite

Ø judicial review of the final decisions of the hearing officer

· Clarifies that changes in procedure do not need to be in effect before the effective date of this act.

SB 1331 was amended in the Counties & Municipalities Committee as follows:

· Provides that a notice of the citation shall be given to the violator.

· Allows notice of the violation to be given by certified or registered mail, return receipt requested.

· Changes the penalty from a $750 maximum to the maximum amount specified in A.R.S. § 9-240 for ordinance violations.

· Clarifies that a civil enforcement action is not a prerequisite to the filing of a criminal charge.

SB 1331 passed the Judiciary Committee unamended.

The Counties & Municipalities Amendment was adopted in the Committee of the Whole and was further amended as follows:

· Makes a technical and conforming change.

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45th Legislature

First Regular Session 2 April 18, 2001

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