ARIZONA STATE SENATE
Phoenix, Arizona
sanitary regulations
Purpose
Increases the maximum
penalties for the violation of a county sanitary regulation. Includes food service establishments, taverns
and hotels in sanitary regulation enforcement statutes.
Background
In addition to the Arizona
Department of Health Services, counties are required to establish sanitary
regulations to address nuisances, sources of filth and causes of sickness. Except for food service establishments,
hotels and taverns, current statute authorizes counties to issue a notice of
violation if the county health inspector has reasonable cause to believe a
person is violating sanitary laws or regulations. Counties may also establish their own civil penalties for
violations of sanitary regulations, up to the maximum fine for a class 3
misdemeanor. The penalty for a class 3
misdemeanor is a fine of up to $500 for a person and up to $2,000 for an
enterprise.
S.B. 1167 increases the
classification for violating a sanitary statute or regulation from a class 3
misdemeanor to a class 2 misdemeanor, including violations by food service
establishments, hotels and taverns.
This raises the maximum penalty to a fine of up to $750 for a person and
up to $10,000 for an enterprise. S.B.
1167 also allows the director of a county health department (director) to
proceed directly to superior court for a temporary restraining order,
injunction or other relief for violations of sanitary statutes or regulations.
There is no known fiscal
impact on the state general fund relating to the provisions of this bill.
Provisions
1. Includes food service establishments, hotels and taverns in all sanitary statutes and county regulations.
2. Expands enforcement options for pursuing persons who violate sanitary statutes or regulations by allowing a notice of violation or compliance order to be issued, or an action in superior court to be filed. Currently, the director can only issue a notice of violation.
3. Clarifies that the issuance of a compliance order or notice of violation does not limit the right of a county to take other actions authorized by law.
Superior Court Actions
4. Allows the director to take an action in superior court to compel compliance with a sanitary regulation, seek payment of a civil penalty or seek a temporary restraining order, a preliminary or permanent injunction or other relief.
5. Allows the director to settle any court action by submitting a consent decree signed by all parties for approval by the court.
6. Allows the director to seek civil penalties in superior court of up to $10,000 per day per violation.
Compliance Orders
7. Requires a compliance order to include the nature of the violation, the deadline for compliance and notification of the right to a hearing.
8. Declares a compliance order to be final and enforceable in superior court, unless the person named in the order requests a hearing within 15 days after the order is served. If a hearing is requested, the order is not enforceable until the hearing officer issues a final decision.
Notices of Violation
9. Preserves the current provisions for issuing and serving a notice of violation.
10. Declares that the lack of criminal intent does not constitute a defense to a violation cited in the notice.
Civil Penalties
11. Raises the maximum civil penalty that the director can seek for the violation of a sanitary ordinance to the maximum fine for a class 2 misdemeanor or $10,000 per day per violation (previously the penalty was the maximum fine for a class 3 misdemeanor).
12. Allows the director to impose a civil penalty for each violation. Declares each day that a violation continues to be a separate violation.
13. Prohibits the director from imposing a civil penalty if a court has imposed a civil or criminal penalty for the same act.
14. Requires the superior court or director to consider all of the following in determining the amount of the civil penalty:
(a)
the
history, duration and seriousness of the violation
(b)
good
faith efforts to comply with the applicable requirements
(c)
the
economic impact of the penalty on the violator
(d)
any
economic benefits as an aggravating factor
(e)
payment
by the violator of previous penalties
(f)
other
factors the director or court deems relevant
15. Directs that all civil penalties collected pursuant to an action in superior court be deposited in the county general fund.
16. Allows, rather than requires, the director to impose a civil penalty for nuisances on private property. Expands the civil penalty for nuisances on private property from a fine of not more than $500 to a fine of not more than the maximum fine for a class 2 misdemeanor.
Miscellaneous
17. Preserves the ability of the county to use hearing officers to decide cases involving violations of sanitary regulations.
18. Provides for a general effective date.
Prepared by Senate Staff
February 5, 2002