sanitary regulations
(now: sanitary regulations;
enforcement)
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Committee on Counties & Municipalities |
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Committee on Health |
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Caucus and COW |
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Third Read |
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As Passed the House |
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SB 1167 increases the maximum penalties for the violation of a published sanitary order or regulation and allows local health or environmental departments to impose civil penalties against food service establishments, taverns and hotels.
Current statute (A.R.S. 36-183.04) requires counties to investigate all nuisances, sources of filth and causes of sickness and make regulations necessary for the public health and safety of the residents. A person who maintains an unsanitary premise and does not bring the premises up to sanitary standards within three days after being ordered to do so is guilty of a class 3 misdemeanor. Currently, a county may also impose civil penalties for a violation of any sanitary regulation or code except in the case of food service establishments, hotels or taverns. Those civil penalties shall not exceed the amount of the maximum fine for a class 3 misdemeanor (currently $500 for persons and $2,000 for enterprises).
SB 1167 increases the maximum penalty for a violation of a sanitary code or regulation to a class 2 misdemeanor if the person does not hold a valid permit and removes the exemption from civil penalties for food service establishments, hotels and taverns.
· Increases the penalty for violating a county compliance order, sanitary code or regulation or maintaining a premises in an unsanitary condition from a class 3 misdemeanor to a class 2 misdemeanor, if the person does not hold a valid permit. Retains the class 3 misdemeanor classification for persons who hold a permit.
· Includes food service establishments, hotels and taverns in statutes that relate to civil penalties for violating sanitary codes and regulations.
· Repeals current statute that relates to civil penalties, administrative hearings and hearing officers for sanitary code violators.
· Allows the director of a local health or environmental department or public health services district (director) to issue a notice of violation and demand for compliance to any violator of a sanitary statute or regulation.
· Outlines what the notice of violation and demand for compliance must contain.
· Permits the issuance of a compliance order if the person does not comply with the deadline or request a hearing within 15 days.
· Preserves the ability for the director to appoint a hearing officer for compliance order hearings and requires the hearing officer to either issue or deny a compliance order and to make a finding regarding a civil penalty.
· Stipulates that a compliance order is final and is enforceable in superior court unless the person files an appeal to the director within 15 days after receiving the order.
· Allows the director to affirm, modify, or vacate the hearing officer’s decision and states the director’s decision is enforceable as a judgement in superior court.
· States that compliance orders may provide for a civil penalty of not more than $750 for individuals and $5000 for enterprises. Stipulates that a compliance order may not impose a civil penalty for the same acts for which a court has previously imposed a civil or criminal penalty.
· Outlines the factors that the director, hearing officer and superior court must consider when imposing a civil penalty.
· Inserts specific statutory language that allows the director, if the director has reasonable cause to believe that a person is violating any sanitary code, regulation or compliance order, either on public or private property, to file an action in superior court through the county attorney. Outlines what actions may be filed for.
· Allows the director to settle any court action by submitting a consent decree signed by all parties for the court’s approval.
· Preserve the ability for county health inspectors to issue and serve a notice of violation and demand for compliance. The notice and demand must state the nature of the violation and the deadline for compliance.
· Permits, rather than requires, county boards of health and local health departments to impose a civil penalty for nuisances on private property. Expands the authority to impose a civil penalty for nuisances on private property to the directors of local environmental departments and health districts.
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45th Legislature
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Second Regular Session 2 April
2, 2002
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