12-991

12-991. Nuisance; applicability; residential
property used for crime; action to abate and prevent; notice;
definitions

A. Residential property that is regularly used in the commission of a crime is a
nuisance, and the criminal activity causing the nuisance shall be enjoined, abated and
prevented.

B. If there is reason to believe that a nuisance as described in subsection A of
this section exists, the attorney general, the county attorney, the city attorney or a
resident of a county or city who is affected by the nuisance may bring an action in
superior court against the owner, the owner's managing agent or any other party
responsible for the property to abate and prevent the criminal activity.

C. The court shall not assess a civil penalty against any person unless that person
knew or had reason to know of the criminal activity.

D. An injunction that is ordered pursuant to this article shall be necessary to
protect the health and safety of the public or prevent further criminal activity.

E. An order shall not affect the owner's interest in the property unless all of the
following apply:

1. The owner is a defendant in the action.

2. The owner knew of the criminal activity.

3. The owner failed to take reasonable, legally available actions to abate the
nuisance.

F. If the owner, the owner's managing agent or the party responsible for the
property knows or has reason to know of the criminal activity and fails to take
reasonable, legally available actions to abate the nuisance, a governmental authority may
abate the nuisance. The court may assess the owner for the cost of abating the nuisance.
On recording with the county recorder in the county in which the property is located, the
assessment is prior to all other liens, obligations or encumbrances except for prior
recorded mortgages, restitution liens, child support liens and general tax liens. A city,
town or county may bring an action to enforce the assessment in the superior court in the
county in which the property is located.

G. For purposes of this section, an owner, the owner's managing agent or the party
responsible for the property is deemed to know or have reason to know of the nuisance if
the owner, the owner's managing agent or the party responsible for the property has
received notice from a governmental authority of documented reports of criminal offenses
occurring on the residential property.

H. A law enforcement agency, a city attorney, a county attorney, the attorney
general or any other person who is at least twenty-one years of age may serve the notice
provided for in subsection G of this section, either personally or by certified mail. If
personal service or service by certified mail cannot be completed or the address of the
person to be notified is unknown, notice may be served by publishing the notice three
times within ten consecutive days in a newspaper of general circulation in the county in
which the property is located. In all cases a copy of the notice shall be posted on the
premises where the nuisance exists.

I. The notice shall be printed in at least twelve point type in substantially the
following form:

Notice

This is formal notice that the property at (insert address and unit
number if applicable) has had (insert number of) arrests or (insert number of)
documented reports of alleged criminal activity and is considered a nuisance
under section 12-991, Arizona Revised Statutes. A copy of the police report
numbers is attached. Police reports are available at (insert applicable police
agency).

Within five business days you must begin to take action that is legally
available to you to abate the nuisance from the property. If you fail to do
so, a restraining order to abate and prevent continuing or recurring criminal
activity will be pursued.

If you fail to cooperate to abate the nuisance, the appropriate
authorities will abate the nuisance and their costs will be a lien on the
property.

You may contact (local agency) in order to obtain information on how to
abate the nuisance.

J. For the purposes of this article:

1. "Owner" means a person or persons or a legal entity listed as the current title
holder as recorded in the official records of the county recorder in the county in which
the title is recorded.

2. "Owner's managing agent" means a person, corporation, partnership or limited
liability company that is authorized by the owner to operate and manage the property.