malicious delay; enforcement; penalty
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill establishes penalties for cities, towns, and counties in Arizona that maliciously delay the approval of single-family residential construction applications. It allows the Attorney General to investigate and impose a $5,000 civil penalty per violation if delays are deemed intentional and excessive. The bill also creates a process for expedited judicial review of ‘malicious delay’ claims in court, aiming to resolve disputes quickly and prevent prolonged uncertainty for property owners.
Key provisions
- Cities and towns may not maliciously delay licensing time frames for single-family residential construction.
- The Attorney General can investigate and enforce these delays, imposing a $5,000 civil penalty per violation.
- Counties may also be subject to the same penalties for malicious delays in residential construction.
- The definition of ‘malicious’ includes repeated unexplained delays exceeding twice the adopted licensing time frame.
- The bill does not affect a building code official’s authority to withhold certificates of occupancy.
- Property owners can seek expedited judicial review of ‘malicious delay’ claims.
- A streamlined process is established for court proceedings related to these claims.
- The legislature finds that expedited resolution of these claims is necessary to prevent harm to property owners.
Who is affected
- City and town governments
Bill text
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