ARIZONA STATE SENATE
Phoenix, Arizona
slum property;
abatement
Removes the requirement that owners must be non-compliant with property registration laws in order for a temporary receiver to be appointed for a slum property.
Background
Arizona law allows residential property that is regularly used in the commission of a crime to be declared a nuisance and action to be taken in the Superior Court by the affected government entity against an owner of a property. If the court determines that a nuisance exist, the court may do any of the following:
a) issue any order necessary to stop criminal activity.
b) award expenses for costs incurred.
c) appoint a temporary receiver.
d) impose a civil penalty of not more than $10,000.
The State or a city, town or municipality can apply to the Superior Court for the appointment of a temporary receiver to manage a property if two requirements are met:
a) the owner of the property has not registered the property with the county assessor.
b) the property is designated a slum property.
A recent Arizona Attorney General opinion states both requirements must be met before a city, town, county or the State may apply for the appointment of a temporary receiver.
H.B. 2518 eliminates the requirement that the owner of slum property must also be non-compliant with registration laws in order for a temporary receiver to be appointed.
There is no anticipated state fiscal impact related to this legislation.
1. Eliminates the requirement that owners must be in non-compliance with property registration laws for the State or a city, town or county to apply for the appointment of a temporary receiver.
2. Removes the condition that a property must be properly registered with the county assessor in order to terminate the temporary receivership.
3. Requires the court to issue a temporary restraining order if, in addition to other requirements, the court finds that the owner or other responsible party knew or had reason to know of the criminal activity and did not take reasonable actions to stop the nuisance.
4. Defines the term “owner” for purposes of a residential property that is declared a nuisance.
5. Makes technical changes.
6. Provides for a general effective date.
JUD 3/19/02 DP 6-0-0-4
3rd Read 4/02/02 47-7-6-0
Prepared by Senate Staff
April 5, 2002