Purpose

Allows general law cities and towns to establish procedures for hearing and determining civil ordinance violations.

Background

In 1999, S.B. 1019 allowed general law cities and towns to classify ordinance violations as civil offenses. However, the League of Arizona Cities and Towns believes that additional authority must be granted to allow such municipalities to establish related procedures for hearings and appeals and to impose sanctions or injunctive relief. This strike everything amendment would grant general law cities and towns the authority to establish such procedures.

This legislation has no direct impact upon the state general fund.

Provisions

1. Requires cities and towns that classify ordinance violations as civil offenses to establish procedures to hear and determine the violations.

2. Requires hearing officers hearing violations as civil offenses to determine whether a violation exists.

3. Allows the hearing officer to impose civil penalties up to $750 for each day a violation exists beyond the initial notice of the offense or to order abatement of the violation.

4. Allows hearing officers to order abatement of violations relating to rubbish and dilapidated structures.

5. Provides optional elements of the civil offense hearing procedures.

6. Stipulates that no changes are required to existing procedures.

7. Provides for a general effective date.

Amendments Adopted by Committee

Adopted the strike everything amendment.

Senate Action

GOV 3/5/01 DPA/SE 5-1-0-0

JFK/ac