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  3. DUT-AZ-012

Ex. DUT-AZ-012 Standing duty Primary source read

Statute

Abatement of nuisances, sources of filth and causes of sickness; civil penalty; property assessment; procedure

Arizona Legislature (Arizona Revised Statutes, title 36, ch. 6, art. 1) · Arizona (State)

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The record

Jurisdiction
Arizona
Level
State
Authority
Ariz. Const. art. IV; the police power of the State
Effective
in force throughout 2020 Q2 to 2021 Q3
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • owners and occupants of private property, including business premises
Character
sanitary code duty
Collection
Standing duties: Arizona DUT-AZ

Operative words

when a nuisance, source of filth or cause of sickness exists on private property, the county board of health, the local health department... shall order the owner or occupant to remove it within twenty-four hours at the expense of the owner or occupant.... If the order is not complied with, the board or department may impose a civil penalty pursuant to section 36-183.04

Penalty

civil penalty under A.R.S. § 36-183.04 (not more than $750 per violation by an individual and $5,000 per violation by an enterprise; read on azleg.gov, not separately saved); removal at the owner's or occupant's expense; assessment and lien on the land

What it required

Bound the owner or occupant of any private premises on which a 'cause of sickness' exists to remove it within twenty-four hours of a health-department order, at the owner's or occupant's expense, on pain of civil penalty, removal by the department and a lien.

Retrieval note

The county-level vehicle for closure or protocol enforcement against premises: EO 2020-43 para. 6 gave 'a local governmental jurisdiction... the authority to take immediate action against an entity that operates without submitting the prescribed attestation' (Ex. AZ-022), and county health and environmental departments held this abatement power throughout.