Assigned to GOV                                                                                                                             FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR S.B. 1297

 

county zoning violation; notice

 

Purpose

 

            Increases the timeframe of notification of a zoning violation hearing from five days to 30 days. Requires the notice to be mailed first class rather than served personally.

 

Background

 

Governing the use of land and buildings is the responsibility of each county. According to statute, each county must create a zoning ordinance that is adopted by the county board of supervisors and that contains zoning regulations along with a map setting forth the precise boundaries of zoning districts for which the regulations are effective.  Zoning regulations govern the height and location of buildings, the size of yards, courts and open spaces, the establishment of setback lines and other matters the board of supervisors deems proper.

 

Pursuant to statute, the county zoning ordinance must provide enforcement within a zoned territory and may establish the position of county zoning inspector who must be appointed by the county board of supervisors.  A county may establish civil penalties for the violation of zoning regulations not exceeding the maximum fine for a class 2 misdemeanor and may appoint hearing officers to hear and determine zoning violations.

 

Currently, hearing notices regarding zoning violations are served to violators by the county zoning inspector at least five days prior to the hearing or by alternative methods stated in the Arizona Rules of Civil Procedure at least 30 days prior to the hearing.  S.B. 1297 requires notices to be sent by first class mail at least 30 days prior to the hearing.

 

There is no fiscal impact to the state general fund associated with this legislation.

 

Provisions

 

1.      Removes the requirement that the county zoning inspector personally serve a notice to a violator regarding a zoning violation at least five days before the hearing.

 

2.      Requires the violator of a zoning regulation to receive a notice by first class mail at least 30 days prior to the hearing.

 

3.      Removes the alternative methods of service prescribed in the Arizona Rules of Civil Procedure.

 


4.      Makes technical changes.

 

5.      Provides for a general effective date.

 

 

Prepared by Senate Staff

February 14, 2002