Condensed landowner "bill of rights" in Arizona
Arizona Revised Statutes ("ARS") 11-1601 through 1610 give landowners
certain rights in dealing with the County. You can see all these
Notably, "The board of supervisors shall receive complaints concerning
ordinances, regulations [etc., and] may recommend actions to alleviate
[items] alleged to violate this article." See ARS 11-1608.
Here's a condensation of ARS 11-1602: "To ensure fair and open regulation by counties, a person:
. "1. Is eligible for reimbursement of ... expenses if [he]
prevails by adjudication on the merits against a county in a [lawsuit]
regarding a county decision ....
. "2. Is entitled to receive information and notice regarding inspections ....
. "3. Is entitled to have a county not base a licensing decision
[on] requirements ... not specifically authorized ... in section
. "4. May have a county approve or deny [a] license application within a predetermined period of time ....
. "5. Is entitled to receive written or electronic notice from a county on denial of a license application:
. "6. Is entitled to receive information regarding the ... application process ....
. "7. May inspect all [laws and policies] of a county, including
a directory of documents, at the office of the county or [its] website
. "8.... may expect counties to avoid duplication of other laws
that do not enhance regulatory clarity and to avoid dual permitting ....
. "9. May file a complaint with the board of supervisors ...."
ARS 11-1603(A) says "A county inspector who enters any premises [to conduct] an inspection shall:
. "1. Present photo identification ....
. "2. ... state the purpose of the inspection and the legal authority for conducting [it].
. "3. Disclose any ... inspection fees.
. "4. Except for a food and swimming pool inspection,
afford an opportunity to have [a] representative ... accompany the ...
inspector ... except during confidential interviews...."
1603(B) requires an inspector to give various notices; then comes
. "C. A county inspector shall obtain the signature of the
regulated person or on-site representative ... indicating that the
[person or representative] has read the writing prescribed in
subsection B ... and is notified of [his] rights....
. "D. A county ... shall give a copy of, or provide
electronic access to, the inspection report to the [person or
. "E. The ... report shall contain deficiencies identified
during an inspection. Unless otherwise provided by law, the
county may provide the [person] an opportunity to correct
the deficiencies unless the county determines that [they] are:
. "1. Committed intentionally.
. "2. Not correctable within a reasonable period of time as determined by the county.
. "3. Evidence of a pattern of noncompliance.
. "4. A risk to any person, the public health, safety or welfare or the environment.
. "F. If the county allows the [person] an opportunity to
correct the deficiencies [he] shall notify the county when [they] have
been corrected. Within thirty working days of receipt ... the
county shall ... notify [him] whether or not [he] is in substantial
compliance, unless the determination is not possible due to ... normal
operations at the premises. If [he] fails to correct the
deficiencies or the county determines [they] have not been corrected
within a reasonable period of time, the county may take any enforcement
action authorized by law ....
. "G. A county decision pursuant to subsection E or F ... is not an appealable county action.
. "H. At least once every month ... a county shall provide
the [person] with an update ... on ... any county action resulting from
an inspection ....
. "J. This section... does not apply:
. "1. To criminal [or] undercover investigations ....
. "2. If the county inspector or regulator has reasonable suspicion [of] criminal activity.
. "3. Inspections by a county board
of health or a local health department pursuant to [ARS] 36-603.
. "K. If a county inspector ... gathers evidence in
violation of this section, the violation shall ... be a basis to
exclude the evidence in a civil or administrative proceeding [unless]
the penalty sought is the denial, suspension or revocation of [a]
license or a civil penalty of more than one thousand dollars.
. "L. Failure of a county employee to comply with this section:
. "1. [Is] cause for disciplinary action or dismissal ....
. "2. Shall be considered by the
judge ... as grounds for reduction of any fine or civil penalty....
. "N. This section:
. "1. Shall not be used to exclude evidence in a criminal proceeding.
. "2. Does not apply to a county inspection that is requested by the [person]."
ARS 11-1604(A) says "A county shall not base a licensing decision ...
on a licensing requirement ... that is not specifically authorized by
statute, rule, ordinance or delegation agreement." This matters
when, for instance, a county tries to get a person to give up part of
his property in exchange for getting a permit.
11-1605 governs time limits for handling applications.
11-1606 says "A county ... shall provide the following information ...
at the time the applicant obtains an application for a license:
. "1. A list of all of the steps the applicant is required to take ....
. "2. The applicable licensing time frames.
. "3. The name and telephone number of a county contact person who can ... provide assistance ....
. "4. The website address and any other information, if
applicable, to allow the regulated person to use electronic
communication with the county.
. "5. Notice that an applicant may receive a clarification
from the county of its interpretation ... as provided in [ARS] 11-1609."
11-1607 requires the county to "publish, or prominently place on the
county website, at least annually a directory summarizing ... all
currently applicable ordinances, regulations and substantive policy
statements.... The [items] shall be open to public inspection at
the office of the county or the county website."
11-1608 says "The board of supervisors shall receive complaints
concerning ordinances, regulations, substantive policy statements or
county practices alleged to violate this article. The [BOS] may
review any [such item] and may hold hearings [and] recommend actions to
alleviate the [items] alleged to violate this article."
. "A. An applicant for a license ... may request a county
to clarify its interpretation or application of a [law or policy]
affecting the procurement of that license by [making] a written request
. "1. The name and address of the applicant ....
. "2. The [law or policy] that requires clarification.
. "3. Any facts relevant to the requested ruling.
. "4. The applicant's proposed interpretation ....
. "5. Whether ... the issues or related
issues are being considered by the county in connection with an
existing license or license application.
. "B. On receipt of a request ... the county may meet with
the applicant ... and shall respond within thirty days ... with a
written explanation [and] provide the applicant with an opportunity to
meet and discuss the county's written explanation.
. "C. The county may modify [the] written explanation ... if required by a change in the law ...."
11-1610 lists exceptions to coverage, most of which don't apply to the general run of cases.