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HB2716 - 572R - I Ver
REFERENCE TITLE:
vacant; abandoned property; inspection; maintenance
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2716
Introduced by
Representatives
Villegas: Abeytia, Austin, Cavero, De Los Santos, Garcia, Gutierrez, Liguori,
Luna-N�jera, M�rquez, Mathis, Sandoval, Simacek, Stahl Hamilton
AN
ACT
amending title 9, chapter 4, article 8,
arizona revised statutes, by adding section 9-500.54; relating to
municipal authority.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona
Revised Statutes, is amended by adding section 9-500.54, to read:
START_STATUTE
9-500.54.
Vacant; abandoned property; inspection; maintenance; fees;
applicability; definition
A. The governing body of a city or
town may adopt, implement and enforce an ordinance that establishes
registration, inspection and maintenance requirements for residential and
commercial buildings that are vacant or abandoned for more than one hundred
fifty days.
B. An ordinance established pursuant
to subsection A of this section must include all of the following:
1. A requirement that the vacant or
abandoned building be registered. The registration shall include the
name, residence or business address, telephone number and email addresses of
each owner of the vacant or abandoned building. A vacant or abandoned
building owner who is residing outside of this state shall provide with the
registration the name and address of a person who resides in this state, who is
authorized to accept service of process and notices on behalf of the owner and
who is designated as a responsible local party or agent for the purposes of
notification in the event of an emergency.
2. Property standards for vacant or
abandoned buildings that require the owner to do all of the following:
(
a
) Secure the
property.
(
b
) Ensure that
all buildings are structurally sound.
(
c
) Maintain
utility connections that are required for fire protection and security
protection.
(
d
) Maintain
all structures, fences and yards pursuant to applicable city or town codes.
(
e
) Maintain
the building and property in a sanitary, safe and secure manner.
3. A requirement that a vacant or
abandoned building be inspected. When carrying out inspections, the city or
town shall comply with the requirements of section 9-833. The city or
town may require the vacant or abandoned building owner to make a request for
inspection. The city or town inspector shall determine if the vacant or
abandoned building is any of the following:
(
a
) Secure from
trespassers.
(
b
) Safe for
entry by firefighters and police officers.
(
c
) A hazard to
the public or an impediment to efforts to rehabilitate or maintain surrounding
properties.
4. A Notice provision for
registration, inspection and maintenance requirements and assessment of fees or
other penalties. �The city or town shall provide notice in writing by certified
mail to the last known address of the owner of the vacant or abandoned building
or to the address to which the property tax bill for the property on which the
vacant or abandoned building is located was last mailed. �The notice must
include the legal description of the property, the fee owed to the city or town
pursuant to this section and any penalty that may be assessed if the owner does
not comply WITH the requirements of this section.
5. A requirement for the owner of a
vacant or abandoned building to provide proof of an insurance policy that shows
sufficient liability coverage for the building.
6. An appeal process for the owner of
a vacant or abandoned building to challenge any determination made pursuant to
an ordinance adopted pursuant to this section. The owner may appeal
the final decision by the city or town to the superior court of the county in
which the property is located within thirty days after the decision is entered.
C. The city or town may charge the
owner of a vacant or abandoned building fees for registration and inspection of
the vacant or abandoned building, and all of the owners of the vacant or
abandoned building shall be jointly and severally liable for the payment of any
fees that are imposed pursuant to this subsection. An ordinance adopted
pursuant to subsection A of this section shall provide procedures for
administering and enforcing the fees for registration and inspections and
paying and collecting the fees. The city or town shall separately account
for fees collected pursuant to this section, which shall be used as follows:
1. To improve and maintain public
safety in and around vacant or abandoned buildings and properties.
2. To administer the vacant or
abandoned building registration, inspection and maintenance requirements
established pursuant to this section.
3. To repair, close or demolish a
vacant or abandoned building as authorized by section 9-499.
D. The city or town may grant a
waiver from fees for a vacant or abandoned building on a favorable inspection
or an extension to comply with the registration, inspection and maintenance
requirements of this section if the owner shows good cause why the owner is
unable to occupy the building for a determined period of time and the building
or property is not a nuisance or a hazard to the public. Delinquent fees are
not eligible for a fee waiver pursuant to this subsection.
E. A vacant or abandoned building
that is a hazard to public health and safety is subject to section 9-499 and
all applicable city or town codes.
F. If the owner fails to request a
required inspection pursuant to subsection B, paragraph 3 of this section or
refuses to consent to an inspection initiated by the city or town or if it is
not possible to reasonably obtain consent from the owner, the city or town
shall obtain a search warrant for the inspection of the vacant or abandoned
building or property in compliance with title 13, chapter 38, article 8.
If a vacant or abandoned building is owned by more than one person, consent for
inspection may be obtained from any one of the owners.
G. A vacant or abandoned building may
not be reclassified as an unoccupied structure until the building has not been
abandoned or vacant for a minimum period of ninety days and the owner has
complied with the registration, inspection, maintenance and payment of fees
requirements of this section.
H. The governing body of a city or
town may limit the registration, inspection and maintenance requirements to one
or more zoning districts.
I. This section does not impose a
duty, obligation or requirement that a city or town undertake repairs,
demolition or maintenance measures that are the obligation and responsibility
of the owner of the abandoned or vacant building. Costs of repairs,
demolition and maintenance and related legal and administrative costs incurred
by the city or town to secure the vacant or abandoned building are the
responsibility of the owner of the vacant or abandoned building. The city
or town may file liens on real property to collect amounts owed to the city or
town for delinquent fees and costs incurred by the city or town for repairs,
demolition or maintenance measures for the vacant or abandoned building.
J. An owner may not avoid compliance
or liability with this section by transferring the property to one or more
persons or entities that are controlled by the owner or a subsidiary or an
affiliate of the owner.
K. This section does not apply to an
unoccupied structure.
L. For the purposes of this section "abandoned"
means a building that is vacant and two or more of the following conditions
exist on the property:
1. accumulation of trash, junk or
debris or hazardous, noxious or unhealthy substances or materials.
2. absence of furnishings or window
coverings.
3. at least one report to a law
enforcement agency involving trespassing, vandalism or other illegal acts being
committed at the property within the preceding one hundred fifty days.
4. the property is open and
unprotected or there is evidence of dilapidation, decay, deterioration due to
exposure to the elements or damage due to wind, fire, flood or pests.
5. nonpayment or disconnection of
gas, electrical, water or wastewater utilities.
6. construction was initiated on the
property and was discontinued before the city or town issued a certificate of
occupancy, or its equivalent, leaving the building unsuitable for occupancy,
and no construction has taken place for at least one hundred fifty days or
other time period pursuant to the city or town building code in effect at the
time construction was initiated, whichever is less.
7. more than one window or door on
the property is boarded, closed off, smashed, broken, unhinged, continuously
unlocked or is in an unrepaired or unsecured state.
END_STATUTE