ARIZONA STATE SENATE
Phoenix, Arizona
neighborhood preservation
and improvement act
Purpose
Requires a landlord, seller
and manager of real property to disclose the discovery of a drug laboratory by
law enforcement or the arrest of an individual in possession of material to
manufacture drugs to a purchaser, lessor or owner. Allows the Director of the Arizona Department of Environmental
Quality (ADEQ) to issue orders prohibiting the use of contaminated property
until cleanup is completed. Provides
methods and requirements for law enforcement’s and prosecutors’ actions
relating to drug contaminated property.
Allows a governmental agency to require an on-site manager of an
apartment complex of more than 20 units to submit a full set of fingerprints
for a criminal records check and to attend any crime prevention or abatement
program offered by the city, town or county in which the residential rental
property is located. Applies neighborhood
and victim’s rights for juvenile offenses statutes to acts that would be
considered a violation of graffiti laws if committed by an adult. Makes various changes to liquor laws and
licensing requirements. Appropriates
$10,000,000 in FY 2001-2002 from the state general fund to the Arizona
neighborhood preservation and investment fund and $200,000 in FY 2001-2002 from
the state general fund to the Arizona Department of Liquor Licenses and Control
(DLLC).
Background
In 2000, H.B. 2125 established the Arizona Neighborhood Preservation and Investment Commission and its membership, authorities and procedures and the Arizona neighborhood preservation and investment fund to award grants to cities to fund neighborhood preservation and investment projects that must be for the installation, repair or upgrading of publicly owned municipal infrastructure.
This legislation
appropriates $10,000,000 in FY 2001-2002 from the state general fund to the
Arizona neighborhood preservation and investment fund for the purpose of
providing grants for the improvement of declining areas in cities and towns and
$200,000 in FY 2001-2002 from the state general fund to DLLC for hiring four
special investigators for the purposes of this act and operating expenses
associated with the special investigators.
Future personnel costs related to the continued service of the newly
hired DLLC special investigators may be expected.
Provisions
1. Identifies this legislation as the “Neighborhood Preservation and Improvement Act.”
2. Requires a seller of real property who knows or reasonably should have known of the law enforcement discovery of a drug laboratory or of an arrest for having chemicals or equipment to manufacture illegal drugs or controlled substances on the real property to furnish a written affidavit of disclosure of such facts within five days after the buyer signs the real estate sales contract. Requires the buyer to acknowledge receipt. Assigns the buyer the right to cancel a real estate sales contract within five days of receiving the affidavit of disclosure. Allows the buyer to void the contract at any time if the seller does not provide affidavit. (12-1001, A, 1)
3. Requires a landlord of real property who knows or reasonably should have known of the law enforcement discovery of a drug laboratory or of an arrest for having chemicals or equipment to manufacture illegal drugs or controlled substances on the real property to furnish a written affidavit of disclosure of such facts to a tenant. Requires the tenant to acknowledge receipt of the affidavit before the tenant takes possession of the property or before the tenant signs a rental agreement. Requires the affidavit of disclosure to be attached to the rental agreement. Allows the tenant to void the rental agreement at the tenant’s discretion if the landlord does not comply with affidavit requirements. (12-1001, A, 2)
4. Requires the owner or manager of a hotel or motel who knows or reasonably should know of the law enforcement discovery of a drug laboratory or of the arrest on motel or hotel property to disclose their knowledge in writing to the customer before the customer occupies the room. (12-1001, A, 3)
5. Requires compliance with drug laboratory or drug arrests affidavits of disclosure if the residual contamination chemicals on the property exceed specified levels. (12-1001, B)
6. Allows ADEQ to adopt rules to establish maximum contamination levels for chemicals found in residual contamination in addition to statutorily set contamination levels. Requires compliance with disclosure requirements if contamination levels exceed levels established in rule by ADEQ. (12-1001, C)
7. Allows the Director of ADEQ, if there is reasonable cause to believe that contamination levels on a property exceed either statutorily specified levels or levels set by ADEQ in rule, to issue an order prohibiting the use, occupancy, lease, sale or other transfer of the property until remediation of the property is completed and the residual contamination chemicals do not exceed statutory and ADEQ levels. Requires the order to state the nature of the contamination and shall specify immediate compliance or a reasonable time period as determined by ADEQ. Requires the Director of ADEQ in determining the time period for compliance to consider the seriousness of the contamination and any good faith efforts to comply with the law. Establishes the order as effective immediately and as remaining in effect unless within 30 days the landlord or tenant request a hearing to appeal the order. (12-1001, D)
8. Allows a county attorney or the Attorney General, and requires the Attorney General upon request of the Director of ADEQ, to apply to the superior court in the county in which a violation occurs for a temporary restraining order, preliminary injunction or permanent injunction or any other relief necessary to protect the public health and environment if the Director of ADEQ, the county attorney of the county in which the property is located or the Attorney General believes that an ADEQ order prohibiting the use of contaminated property is being violated or if a person is creating an imminent and substantial danger to the public health or environment. Grants precedence to these actions over all other matters pending in superior court. (12-1001, E)
9. Allows law enforcement officers to remove all persons from a contaminated area of the property on which the officer has discovered a drug laboratory or on which a person was arrested for having chemicals or equipment for manufacturing dangerous drugs, narcotic drugs or any other controlled substance. (12-1001, F)
10. Prohibits unauthorized persons from entering contaminated property for at least 72 hours after the property has been vacated. (12-1001, F)
11. Requires ADEQ to take samples of and test for residual contamination within the 72 hour period if requested by the law enforcement officer. (12-1001, F)
12. Removes the responsibility to follow disclosure requirements and the prohibition on using, selling, entering, occupying and renting following a determination by ADEQ that the property no longer contains residual contamination in excess of statutory levels and ADEQ levels. (12-1001, G and H)
13. Removes the state or local government, and employees and authorized agents, from liability for costs or damages incurred as a result of complying with drug laboratory statutes. (12-1001, I)
14. Establishes the knowing violation of an ADEQ order prohibiting the use, sale, lease and entry into contaminated property or of a law enforcement officer order to vacate contaminated property as a class 1 misdemeanor. (12-1001, J)
15. Includes the manufacture of drugs as a required consideration of the judicial officer in determining bail. (13-3967)
On-Site Manager of Residential Rental Property
(33-1906)
16. Allows a governmental agency to require an on-site manager of an apartment complex that consists of 20 or more units:
a)
to
submit a full set of fingerprints and fingerprinting fee via the Department of
Public Safety for the purposes of a criminal records check. Requires the on-site manager to bear the
cost of obtaining a criminal records check, and
b)
to
attend any crime prevention or abatement program offered by the city, town or
county in which the residential rental property is located.
17. Establishes a $500 fine for a liquor licensee who serves a disorderly or obviously intoxicated person or allows them to remain on the premises. (4-246)
18. Requires off-site or on-sale retailers to post one or more signs in the patrons’ parking lot that clearly state that no trespassing is allowed. Requires the DLLC to adopt rules relating to the posting of no trespassing signs. (4-262)
19. Requires the Director of DLLC to notify a licensee of failure to post no trespassing signs on a determination that a licensee is in violation of no trespassing sign requirements. Subjects licensee to a civil penalty of no more than $500 if trespassing signs are not posted 30 days after notice of the violation. (4-262)
20. Establishes a rebuttable presumption that the location of the premises covered by a liquor license following transfer of control of the liquor license complies with requirements that a liquor license be issued only after satisfactory showing of capability, qualifications and reliability of the applicant and that the public convenience requires and the best interest of the community will be substantially served. (4-203, G)
21. Allows the rebuttable presumption to be overcome by clear and convincing evidence that significant changes relating to the location have occurred since the original issuance of the license and that the license does not substantially serve the public convenience or the best interest of the community. (4-203, G)
22. Places the burden of an original liquor license application during a liquor license hearing on individuals who acquired liquor licenses that have the rebuttable presumption overcome. Requires the State Liquor Board to determine original qualifications for the liquor license, including qualifications of the licensee and service of the public convenience or best interest of the community. (4-203, G)
23. Requires mandatory floor plan submittal of liquor licensees to include the designated customer parking area and prohibits physical alteration of the parking area without having obtained written approval from the Director of DLLC. (4-207.01)
24. Allows the Director of DLLC to suspend, revoke or refuse to renew any liquor license for the following reasons:
a)
the
licensee knows of and fails to avoid or mitigate acts that occur in an area
that is subject to the licensee’s control surrounding the licensed premises but
not on the licensed premises.
b)
the
licensee is convicted of a violation of recklessly creating or maintaining a
condition that endangers the health and safety of others or knowingly
conducting or maintaining any premises where persons gather to engage in
unlawful conduct under public nuisance laws.
c)
the
licensee violates three or more zoning regulations or ordinances in a three
month period. (4-210)
25. Includes parking lots in consideration as premises, licensed premises and areas for which an individual must be designated as responsible. (4-202, 4-210 and 4-244)
26. Requires liquor licensees to file floor plans and diagrams, including the designated customer parking area, with DLLC by August 1, 2002. Allows the Director of DLLC to suspend, revoke or refuse to renew the licenses of individuals who do not comply with the filing deadline. (Sec. 25)
27. Requires applicants for a liquor license, who have forfeited their license as opposed to having it revoked, to follow the normal application procedure for a liquor license. (4-210)
28. Expands the definition of “act of violence” to include assault. (4-101)
29. Applies neighborhood and victim’s rights for juvenile offenses statutes to acts that would be considered a violation of graffiti laws if committed by an adult. (8-381 and 13-4401.01)
30. Includes violation of graffiti laws under the definition of criminal offense under victim’s rights statutes. (13-4401)
31. Appropriates $10,000,000 in FY 2001-2002 from the state general fund to the Arizona neighborhood preservation and investment fund for the purpose of providing grants for the improvement of declining areas in cities and towns. Exempts the appropriation from lapsing.
32. Appropriates $200,000 in FY 2001-2002 from the state general fund to DLLC for hiring four special investigators for the purposes of this act and operating expenses associated with the special investigators.
33. Prescribes definitions.
34. Makes technical and conforming changes.
35. Provides for a general effective date.
Prepared by Senate Staff
February 1, 2001