A.R.S. tit. 48 ch. 15 — Arizona Revised Statutes Title 48 Chapter 15 — Pest Abatement Districts

48-2101. Definitions In this chapter, unless the context otherwise requires: 1. "Agricultural land" means property that has a current agricultural use designation from the county assessor. 2. "Board" means a county board of supervisors. 3. "Director" means one or all of the board of directors of a pest abatement district established pursuant to this chapter. 4. "District" means a pest abatement district established pursuant to this chapter and includes the governing body of the district and all its authorized personnel. 5. "Landowner" means a person who owns land within the boundaries of a proposed or existing district. 6. "Pest" means any arthropods, rats and mice that the district determines to be a public nuisance to persons or property. Pest does not include arthropods which primarily attack agricultural crops. 48-2102. Petition to form district; contents of petition A. Any one or more persons intending to form a pest abatement district shall comply with section 48-261. In addition to the requirements for an impact statement prescribed in section 48-261, subsection A, an impact statement for the formation of a pest abatement district shall also include a plan for pest abatement, including a listing of any chemicals to be used and an estimated application schedule and a certification from the county health officer that states that the pest sought to be prevented, controlled or eradicated has invaded or threatens to invade the boundaries of the proposed district. B. In addition to the requirements for a petition prescribed by section 48-266, the petition for a pest abatement district shall include the name of the pest to be prevented, controlled or eradicated. 48-2103. Exclusion of agricultural land A. At the hearing required under section 48-261 or within thirty days after the required hearing, if any owner of agricultural land within the proposed district presents evidence that the property is subject to an internal and ongoing pest control program, the landowner's property shall be excluded from the proposed district. B. Evidence shall include an affidavit by property owners regarding continuation of the internal pest abatement program while the special district exists and: 1. Contracts with pest control companies. 2. Receipts for purchase of pest abatement equipment and chemicals. 3. Other evidence deemed appropriate by the board of supervisors. 48-2106. Amendment of district boundaries A. At any time after the district has been established, a landowner or a majority of the landowners of a specifically designated area whose land is within the county in which the district is established may request the directors to have the board amend the boundaries of the district to include the landowner's property. The land need not be contiguous to the district. The directors, after notice and hearing upon the request, may require the landowners to agree to equitable terms and conditions as a condition to approval of the request. B. If the directors determine that a majority of the landowners of the area sought to be included in the district have signed the request and that the inclusion of such land will benefit both the landowner or landowners and the district, the directors shall approve the request and present the matter to the board for the inclusion of the land identified in the request and the boundaries shall be amended by order of the board. 48-2107. Directors; terms; qualifications; first meeting A. The term of office of a director is for two years after election and until the director's successor has qualified, except that if during the director's term of office the director sells or otherwise disposes of the land the director owned within the district, the director's term automatically expires and a vacancy exists in the directors. If for any reason a vacancy exists in the directors, the board of supervisors shall appoint a director who is a landowner within the district to serve for the remainder of the unexpired term. The election for the office of director shall be held every two years after the first election on a date to be set by the board. Candidates for the office of director shall file nominating petitions with the board of supervisors as prescribed by title 16, chapter 3. If only one person files or no person files a nominating petition for an election to fill a district office, the board of supervisors may cancel the election for the position and appoint the person who filed the nominating petition to fill the position. If no person files a nominating petition for an election to fill a district office, the board of supervisors may cancel the election for that office and that office is deemed vacant and shall be filled as otherwise provided by law. A person who is appointed pursuant to this section is fully vested with the powers and duties of the office as if elected to that office. B. To qualify as director, every person so elected or appointed shall file an oath of office with the clerk of the board in the same manner as all other county officers. C. Within ten days after the director's election and qualification, the directors shall meet and elect from its members a chairperson, vice-chairperson and secretary, whose duties shall be those commonly performed by those officers. 48-2108. Powers and duties of directors; assessments A. The directors shall hold an annual meeting and other meetings as they may determine are necessary. They shall make an annual report pursuant to section 48-251 showing the receipts and disbursements of all monies and property belonging to the district. They shall prepare an annual budget of the proposed expenditures to be made during the succeeding year. Any monies that may accrue to the district and that are in excess of the budgetary requirements for the succeeding year may be invested by the directors in public bonds or deposited in a federal reserve bank or other federally insured depository. B. After the directors hold the first annual meeting, they shall mail a consent form to each landowner in the district. The consent form shall state that if the landowner signs the form and returns it to the directors the form constitutes prior written consent to district entry onto the landowner's property pursuant to section 48-2109. The district shall keep the signed forms on file. C. The directors may contract with any person or organization to perform district functions on terms and conditions as they find advisable and shall supervise the performance of all contracts. D. The directors may expend district monies to employ personnel and purchase equipment, supplies, services and all other things required to carry out the intent and purpose of the district. The directors shall not expend district monies for the purchase of real property without prior written consent of the board. The directors may sell or lease any lands, rights-of-way, easements, material or other property, real or personal, acquired by the district. E. The directors may assign such district business as they may determine to a manager appointed by them and paid by the district. The manager has such powers as the directors may authorize. F. The directors shall annually set the assessment for each parcel of land to be protected by the district and shall so notify the county assessor before March 1 of each year. G. The directors may ask for amendments to the district either adding or removing pests from the list of those to be controlled or extending or contracting the boundaries of the district. H. The directors may contract and cooperate with agencies, instrumentalities and departments of the state, the county and the United States interested in the control, extermination and eradication of the pest sought to be controlled or eradicated and may act to secure financial assistance from those agencies, instrumentalities and departments. 48-2109. Powers of district A. The district may enter any property within the district with the prior written consent of the landowner to inspect any breeding site for the presence of any of the enumerated pests. With the prior written consent of the landowner, the district may enter any property adjacent to the district which may be a breeding place for the pest sought to be controlled or eradicated to inspect and conduct control measures. The adjacent landowner shall reimburse the district for its actual costs incurred in conducting inspection or control measures. B. The district may conduct control measures within the district to control or eradicate any enumerated pest or prevent the introduction of any enumerated pest into the district. The expense of control measures shall be paid from district monies. C. The district may enter into an agreement with a landowner within or adjacent to the district to conduct control measures on the landowner's property which would benefit both the landowner and the district. The district and the landowner shall divide the costs of these control measures according to the agreement. D. The district does not have the power of eminent domain. E. The district may sue and be sued. F. All district property and equipment are exempt from state and local property taxes of any kind. G. If the district intends to sell or otherwise dispose of any real property which has been acquired for the purpose of rights-of-way or easements, the person from whom the district acquired the property has first right of refusal. H. The district may levy an assessment of not to exceed fifty cents on each one hundred dollars of assessed valuation on all taxable property within the district to carry out the purposes of this chapter. This assessment shall be collected by the county tax collector in the same manner and at the same time as other county taxes are collected if the district has notified the county assessor by March 1 of each year of the amount of the assessment. Delinquent assessments become a lien on the property of the owner ninety days after the due date and shall be collected in the same manner as other county tax liens. I. All monies collected by the tax collector under this article shall be paid into the county treasury to the credit of the district. J. All monies shall be withdrawn by warrant of the district, which is signed by the president and secretary of the board of directors of the district. 48-2110. Dissolution of district A. Districts may be dissolved by an order of the board of directors of the district or dissolved by petition, hearing and election in the same manner as they were initiated. After an order of the board has been made dissolving a district, the board shall succeed to all the powers of the district until the obligations and disposal of district assets have been fully satisfied. B. If any monies remain in the district fund after dissolution and satisfaction of all outstanding obligations and sale of district property, the remainder shall be credited to each owner of property in the former district in proportion to the assessment last paid by him. 48-2111. Reimbursement for county services Services provided by a county to a pest abatement district are subject to reimbursement pursuant to section 11-251.06.