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2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1201 - Definitions

11-1201.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Landowner"  means any owner of a legal or equitable interest in real property,  including the heirs,  devisees,  successors,  assigns and personal representative of the owner,  or a representative authorized by a landowner to submit to a county a development application for a property for approval.
2. " Property"  means all real property subject to zoning regulations and restrictions by a county.
3. " Protected development right"  means the right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan established pursuant to this article,  without compliance with subsequent changes in zoning regulations and development standards,  except as provided by section 11-1204.
4. " Protected development right plan"  means a plan submitted by a landowner to a county,  which,  if approved by the board of supervisors of the county and if identified as a protected development right plan at the time it is submitted,  grants the landowner,  for a specified period of time,  a protected development right to undertake and complete the development as shown on the plan. The protected development right plan shall be submitted to a county for site development approval. A protected development right plan for a phased development shall be in the form of a plan for a master plan development which may include a plan for a planned unit development,  planned community development or district,  planned residential development or district or planned area development or district if such land use category or district is recognized and provided for in the zoning ordinance of the county. A protected development right plan for a nonphased development must provide the final site development approval needed for issuance of a building permit.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1203 - Duration of a protected development right; termination

11-1203.
Duration of a protected development right;  termination
A. A protected development right established under a protected development right plan is valid for three years for a nonphased development,  five years for a phased development and ten years for a phased development that contains at least one section of land as defined by 43 United States Code section 751 or has a gross acreage of more than six hundred forty acres.
B. A county may extend for a maximum of two additional years,  ten years for a phased development that contains at least one section of land as defined by 43 United States Code section 751 or has a gross acreage of more than six hundred forty acres and thirty years for a phased development that has a gross acreage of more than one thousand six hundred acres,  the duration of a protected development right obtained through approval of a protected development right plan,  if a longer time period is warranted by all relevant circumstances,  including the size,  type and phasing of the development on the property,  the level of investment of the landowner,  economic cycles and market conditions. The decision to extend the time period for a protected development right is at the discretion of the county. However,  a protected development right shall not remain established for more than five years for a nonphased development,  seven years for a phased development,  twenty years for a phased development that contains at least one section of land as defined by 43 United States Code section 751 or has a gross acreage of more than six hundred forty acres or forty years for a phased development that has a gross acreage of more than one thousand six hundred acres.
C. After the approval of a protected development right plan,  the plan may be subject to subsequent reviews and approvals by the county to ensure compliance with the terms and conditions of the original approval if the reviews and approvals are not inconsistent with the original approval. The county may revoke its approval of the protected development right plan for failure to comply with applicable terms and conditions imposed on the approval.
D. A protected development right terminates at the end of the applicable period established under this section. If a building permit has been issued before the date of termination of a protected development right,  the protected development right remains valid until the building permit expires,  but in no event for longer than one year. On expiration,  only principal structures for which footings or foundations have been completed may be finished under the protected development right. On the expiration of a protected development right,  development may continue based on a valid building permit and according to standards in effect at that time. An unexpired building permit issued for a property with a protected development right does not expire or shall not be revoked merely because a protected development right expires under the time limitations specified in this section.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1204 - Subsequent changes prohibited; exceptions

11-1204.
Subsequent changes prohibited;  exceptions
A. A protected development right established under this section precludes the enforcement against the property to which the protected development right applies of any legislative or administrative land use regulation by a county or pursuant to an initiated measure that would change,  alter,  impair,  prevent,  diminish,  delay or otherwise impact the development or use of the property as set forth in an approved protected development right plan,  except under any one or more of the following circumstances:
1. With the written consent of the affected landowner.
2. On findings,  by ordinance or resolution and after notice and a public hearing,  that natural or man-made hazards on or in the immediate vicinity of the property,  if uncorrected,  would pose a serious threat to the public health,  safety and welfare if the project were to proceed as approved in the protected development right plan.
3. On findings,  by ordinance or resolution and after notice and a hearing,  that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval of the protected development right plan by the county.
4. On the enactment of a state or federal law or regulation that precludes development as approved in the protected development right plan,  in which case the governing body of the county,  after notice and a hearing,  may modify the affected provisions,  on a finding that the change in state or federal law has a fundamental effect on the protected development right plan.
B. A protected development right does not preclude the enforcement of a subsequently adopted overlay zoning classification that imposes additional requirements and that does not affect the allowable type or density of use,  or ordinances or regulations that are general in nature and that are applicable to all property subject to land use regulation by the county,  such as building,  fire,  plumbing,  electrical and mechanical codes.
C. Notwithstanding any other provision of this article,  the establishment of a protected development right does not preclude,  change or impair the authority of a county to adopt and enforce zoning ordinance provisions governing nonconforming property or uses.
D. This article does not alter or diminish the authority of a county to exercise its eminent domain powers.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1205 - Protected development right; exercise; agreements

11-1205.
Protected development right;  exercise;  agreements
A. A protected development right obtained under this chapter is not a personal right but attaches to and runs with the applicable property. After approval of a protected development right plan,  all successors to the original landowner are entitled to exercise the protected development right.
B. Nothing in this article precludes judicial determination,  based on common law principles or statutory provisions,  that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this chapter,  nothing in this chapter shall be construed to alter the existing common law of vested rights.
C. Nothing in this article shall preclude,  change,  or limit the ability of a county to enter into a development agreement as defined in section 11-1101.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1206 - Protected development right; agreements regarding public safety

11-1206.
Protected development right;  agreements regarding public safety
Notwithstanding any other law,  a county,  for public safety purposes and with the written consent of the owner of property which has been granted a protected development right pursuant to section 11-1202 or the owner of any other residential or commercial development subject to the supervision of the county under this title,  by resolution or ordinance may provide for:
1. The application and enforcement of speed limits,  weight restrictions or other safety measures on a private roadway that is located within any development in the unincorporated areas of the county and that is open to and used by the public provided that a county may require payment from the property owner prior to installation for the actual cost of signs which are required to provide notice of any speed limitation or other restriction which applies on the private roadway.
2. The approval of an extension or addition to any roadway which has been or may be designated as a primitive road pursuant to section 28-6706,  provided that any extension or addition is made to connect the primitive road with a road or highway serving a development and the total length of the extension or addition does not exceed one mile. Upon completion of the extension or addition as authorized by this section the entire road may be designated as a primitive road pursuant to section 28-6706 as long as the existing portion of the road qualifies to be so designated pursuant to section 28-6706.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1402 - Operating agreement

11-1402.
Operating agreement
A. The board of supervisors of a county with a population of more than one million five hundred thousand persons according to the most recent United States decennial census may enter into an operating agreement as provided by this chapter with a nonprofit corporation for purposes of:
1. Acting as a provider of health care services for compensation.
2. To assume the responsibility for managing,  maintaining and operating a community health system,  including health system assets that are transferred to the corporation pursuant to a lease agreement.
B. The board of supervisors may enter into an operating agreement with only one nonprofit corporation for operation in the sponsoring county at any time.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1403 - Request for expressions of interest

11-1403.
Request for expressions of interest
A. Before entering into an operating agreement,  the board of supervisors shall publish,  four times in a newspaper of general circulation in the county,  a request for expressions of interest from existing nonprofit corporations and others. The request shall include the date on which expressions of interest must be submitted to the board.
B. Expressions of interest shall contain the names of parties that wish to enter into the operating agreement and a statement of their ability to comply with the requirements of this chapter.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1404 - Evaluation of expressions of interest

11-1404.
Evaluation of expressions of interest
A. The board of supervisors shall evaluate expressions of interest that are received and may award the operating agreement to a nonprofit corporation that is best qualified to perform the requirements of this chapter,  except that the board of supervisors may agree to waive any organizational requirements prescribed by section 11-1405 for an existing nonprofit corporation that is otherwise qualified and that agrees to perform under and comply with the remaining provisions of this chapter.
B. If no qualified existing nonprofit corporation expresses an interest in entering into an operating agreement under this chapter,  the board of supervisors may enter into an operating agreement under this chapter with a newly formed nonprofit corporation.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1405 - Corporate board of directors; membership; terms of office of initial members

11-1405.
Corporate board of directors;  membership;  terms of office of initial members
A. Unless this requirement is waived under section 11-1404,  subsection A,  the nonprofit corporation with which the board of supervisors enters into an operating agreement shall be governed by a board of directors consisting of eleven voting members including:
1. The chief executive officer of the corporation.
2. The chief of the medical staff of a hospital in the community health system. If there is more than one chief of staff,  the remaining directors shall appoint one to serve on the board of directors. If there is no chief of staff,  the board shall appoint a physician who is licensed under title 32,  chapter 13 or 17 to practice in this state.
3. At least one attorney who is licensed to practice law in this state.
4. At least one physician who is licensed under title 32,  chapter 13 or 17 to practice in this state but who does not practice within the community health system.
5. At least one registered professional nurse who is licensed under title 32,  chapter 15 to practice in this state but who does not practice within the community health system.
6. At least one member who has experience in financial management.
B. Except in the case of an existing corporate board of directors,  the county board of supervisors shall approve the members of the initial board of directors. Except for the chief executive officer of the corporation,  the initial directors' terms shall be determined by lot to terms of office of two,  four and six years.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1406 - Conflicts of interest

11-1406.
Conflicts of interest
Section 38-511 does not apply to this chapter,  the nonprofit corporation or an operating agreement entered into under this chapter unless a person who was directly responsible for reaching a settlement of terms or making a recommendation for action to the board of supervisors with respect to the agreement,  or who was a member of the board of supervisors at the time of any action by the board of supervisors to approve the establishment of the nonprofit corporation or enter into or modify the operating agreement,  is an employee or agent of the nonprofit corporation in any capacity or a consultant to the corporation with respect to the subject matter of the operating agreement.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1407 - Corporate powers, immunities and limitations

11-1407.
Corporate powers,  immunities and limitations
A nonprofit corporation that is organized as provided by this article and that enters into an operating agreement with a sponsoring county:
1. Is considered to:
(a) Exercise its powers for the benefit of the people,  to improve their health and welfare and to increase their prosperity.
(b) Engage in a purpose that is essential to public health care.
(c) Have all powers of a nonprofit corporation under title 10.
2. Is entitled to the exemptions and immunities provided by law to similar corporations that are organized for similar purposes including exemptions from taxation of its property and bonds.
3. Possesses and may exercise those powers that are delegated to the corporation by the board of supervisors and that are necessary to satisfy the requirements of section 103 of the internal revenue code as stated in the terms,  conditions,  restrictions and agreements of the operating agreement. These powers are in addition to the powers that are granted to nonprofit corporations by title 10.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1408 - Other powers

11-1408.
Other powers
This chapter does not restrict,  limit or preclude the nonprofit corporation from exercising any rights or powers or performing any duties provided or prescribed by any other law of this state. This chapter provides a complete,  additional and alternative method for doing the things that it authorizes and is supplemental and additional to powers conferred by other laws.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1431 - Purposes of the nonprofit corporation

11-1431.
Purposes of the nonprofit corporation
The board of supervisors may enter into an operating agreement only with a nonprofit corporation with articles of incorporation or bylaws that provide that the primary purposes of the corporation under this chapter are to:
1. Provide quality,  cost-effective health care services for individuals,  families and communities residing,  employed or located,  as applicable,  in the sponsoring county and elsewhere.
2. Act as a provider of health care services for compensation.
3. Assume the responsibility for managing,  maintaining and operating health system assets that are transferred to the corporation pursuant to a lease agreement.
4. Provide health care to the public.
5. Promote public health.
6. Support and facilitate medical and public health research and clinical education for health care professionals.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1432 - Lease of health system assets to nonprofit corporation

11-1432.
Lease of health system assets to nonprofit corporation
A. As part of the operating agreement,  the board of supervisors of the sponsoring county may agree to lease health system assets to the nonprofit corporation for purposes prescribed in section 11-1402.
B. If the board of supervisors leases the health system assets to the corporation,  the board of supervisors may convey,  sell or otherwise transfer title to any of those health system assets,  including personal property and improvements to real property,  except that:
1. The sponsoring county shall retain title to any fee interest in the land underlying any conveyed improvements.
2. The lease agreement,  including any amendments,  renewals or extensions of the lease agreement,  remains binding and effective according to its terms regardless of ownership of any health system assets.
C. If,  under the lease agreement,  any of the health system assets or operations are conveyed to the nonprofit corporation,  they are presumed to have been conveyed for their current fair market value.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1433 - Power to acquire and operate community health system

11-1433.
Power to acquire and operate community health system
A. The nonprofit corporation may acquire,  by purchase,  lease or otherwise,  and operate the community health system,  other health care institutions and real and personal property,  both in and outside the sponsoring county.
B. Acquiring or operating other health care institutions and real and personal property does not affect the powers,  rights,  privileges or immunities conferred on the nonprofit corporation by an operating agreement entered into under this chapter.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1435 - Power to perform operating agreement

11-1435.
Power to perform operating agreement
A. The board of directors of the nonprofit corporation has all of the powers that are necessary to perform or comply with the obligations of the board of supervisors or the sponsoring county under an operating agreement under this chapter.
B. The operating agreement,  and all amendments,  renewals or extensions,  are exempt from the requirements of section 11-251,  paragraphs 9,  18 and 58 and sections 11-256,  11-256.01,  11-256.03 and 11-291.
C. For the purposes of any covenant,  condition or restriction that may apply to any real property or health system assets that are leased or transferred to a nonprofit corporation under a lease agreement,  the real property and health system assets:
1. Shall be used in a manner that is consistent and complies with the applicable covenants,  conditions and restrictions.
2. Are presumed to be used for county hospital purposes consistent with deed restrictions attached to the land that was conveyed to the county.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1436 - Renegotiation of agreements on change in county's health care duties

11-1436.
Renegotiation of agreements on change in county's health care duties
A. The operating agreement shall provide that:
1. If the state or federal government amends,  modifies,  alters or changes the law to reduce the county's financial or programmatic responsibility for health care for the indigent sick of the county,  any agreement for compensation or reimbursement between the sponsoring county and the nonprofit corporation is voidable within sixty days after the effective date of the change.
2. During the sixty day period:
(a) The corporation and the sponsoring county shall renegotiate the financial or programmatic terms,  or both,  of the operating agreement to prevent the corporation from retaining or being compensated in amounts that are greater than fair compensation for its duties and obligations under the agreement in light of the changes in the state or federal law.
(b) The sponsoring county has the right to recoup from the corporation any monies paid that are not consistent with the corporation's receipt of fair compensation in light of the changes in the state or federal law.
3. If the nonprofit corporation and the sponsoring county are unable to complete the required renegotiations within the sixty day period,  the corporation shall:
(a) Continue to provide the services and obligations required of it by the terms of the applicable agreement.
(b) Pay to the sponsoring county a penalty in an amount that was previously negotiated between the parties and that is contained in the agreement. The penalty plus interest are the sole obligations of the nonprofit corporation and shall continue to accrue and be paid by the corporation until the renegotiation of the compensation provisions of the agreement are finalized.
B. The agreement may contain provisions permitting arbitration of any dispute if the parties do not complete the renegotiation within the sixty day period.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1437 - Transfer of county employees

11-1437.
Transfer of county employees
A. The operating agreement:
1. Shall include provisions to ensure that all employees of the county health system are considered for employment by the nonprofit corporation.
2. May include provisions with respect to the transfer of county health system employees,  including appropriate arrangements for hiring preferences,  employee seniority,  rates of pay,  benefits,  accrued leave and retirement benefits and for financial adjustments and settlements.
B. The nonprofit corporation shall allow employees chosen to perform services under the operating agreement who have ten or more years of credited service with the county health system as of the transfer date and employees who are within four years of becoming eligible for retirement benefits under the Arizona state retirement system as of the transfer date to remain at their option as employees of the sponsoring county on loan to the corporation for purposes of membership in the Arizona state retirement system for up to four years. The corporation shall pay all costs incurred by the county to implement this subsection. The sponsoring county may pay any amounts received from the corporation under this subsection to the Arizona state retirement system regardless of whether the county budgeted the expenditure pursuant to section title 42,  chapter 17,  article 3. All amounts received by the county from the corporation under this subsection are considered to be held by the county as a custodian pursuant to article IX,  section 20,  subsection (3),  paragraph (d),  subdivision (iii),  Constitution of Arizona.
C. This chapter shall not be construed to require the nonprofit corporation to employ any employee of the county or the county health system.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1439 - Limitation of county liability

11-1439.
Limitation of county liability
A. Debts and other liabilities of the nonprofit corporation are not liabilities or responsibilities of the sponsoring county. Unless expressly authorized by this chapter:
1. Public monies of the county shall not be appropriated to pay the debts or obligations of the corporation.
2. A garnishment,  attachment or execution shall not be levied or issued against the sponsoring county for the benefit of any creditor or judgment creditor of the nonprofit corporation whether or not the corporation's obligation accrues by operation of law,  contract or tortious act by the corporation or its agents or employees.
B. The nonprofit corporation is not considered to be the alter ego of the sponsoring county,  except as specifically permitted by this chapter. A creditor or judgment creditor of the corporation may not pierce the corporate veil of the corporation to seek monetary damages from the sponsoring county.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1440 - Corporate bonds

11-1440.
Corporate bonds
A. The nonprofit corporation may issue its corporate bonds in principal amounts as the board of directors determines to be necessary to provide sufficient monies for purposes of the community health system.
B. Bonds issued by the nonprofit corporation:
1. Are entitled to all of the immunities and exemptions afforded bonds of other nonprofit corporations.
2. Are obligations of the nonprofit corporation,  and are not in any manner obligations of the sponsoring county or of this state.
3. Do not constitute a legal debt of the sponsoring county or of this state.
4. Are not enforceable against the sponsoring county or this state.
5. Are not enforceable against the county's interest in any health system assets that are leased pursuant to section 11-1432. The county shall not subordinate its lessor interest to any obligee of the nonprofit corporation.
6. Are payable only from the revenues or other assets of the nonprofit corporation that is pledged and assigned to,  or in trust for the benefit of,  the holder or holders of the bonds.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1441 - Honoring outstanding debt obligations of sponsoring county

11-1441.
Honoring outstanding debt obligations of sponsoring county
A. The operating agreement entered into pursuant to this chapter shall require the nonprofit corporation to:
1. Honor all covenants and obligations made by the sponsoring county pursuant to title 35,  chapter 3,  article 7 with respect to the county health system.
2. Assume and perform all covenants,  conditions and requirements undertaken by the sponsoring county pursuant to title 35,  chapter 3,  article 7 with respect to bonds issued to provide monies for the county health system before the transfer date in which the proceeds were used or intended to be used to finance parts of the county health system covered by the operating agreement.
3. Comply with all covenants and conditions against private use,  private security interests and private loans contained in the operating agreement or in any proceeding that pertains to issuing the bonds,  notes or other obligations of the sponsoring county issued to originally acquire,  construct or purchase the health system assets.
B. Notwithstanding any law to the contrary or the articles of incorporation or bylaws of the nonprofit corporation,  any action taken by the corporation in violation of those covenants and conditions described in this section is void.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1442 - Annual audit and report

11-1442.
Annual audit and report
The operating agreement entered into pursuant to this chapter shall require:
1. The board of directors to cause an audit to be made of the funds,  revenues and expenditures of the nonprofit corporation. The audit shall be conducted within sixty days after the close of the corporation's fiscal year.
2. The nonprofit corporation to prepare and publish an annual report within three months after the end of the corporation's fiscal year containing a full and complete account of its transactions and proceedings for the preceding year and other facts and recommendations that are considered to be of public value. The annual report may also include a copy of the audit under paragraph 1.
3. The corporation to provide copies of the annual report and audit to each member of the sponsoring county's board of supervisors,  to the auditor general and,  on request,  to any member of the public.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1601 - Definitions

11-1601.
Definitions
In this article,  unless the context otherwise requires:
1. " Design-build"  means a construction project delivery system in which the design and construction aspects are contracted for with a single entity known as the design-builder or design-build contractor,  and in which the system is used to minimize the project risk for an owner and to reduce the delivery schedule by overlapping the design phase and construction phase of a project entity.
2. " Fire and life safety inspection"  means an inspection of a regulated person or facility conducted to ensure fire safety compliance.
3. " Food and swimming pool inspection"  means an inspection of a regulated person conducted to ensure the safety of food services,  swimming pools and other bathing places.
4. " License"  includes the whole or part of any county permit,  certificate,  approval,  registration,  charter or similar form of permission required by law.
5. " Licensing"  includes the county process respecting the grant,  denial,  renewal,  revocation,  suspension,  annulment,  withdrawal or amendment of a license.
6. " Person"  means an individual,  partnership,  corporation,  association,  governmental subdivision or unit of a governmental subdivision,  or a public or private organization of any character.
7. " Request for corrections"  means a request for technical or clarifying corrections from an applicant who has submitted an administratively complete application for a license.
8. " Substantive policy statement"  means a written expression that is only advisory and that informs the general public of a county's current approach to,  or opinion of,  the requirements of the ordinances or regulations,  including,  if appropriate,  the county's current practice,  procedure or method of action based on that approach or opinion. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the county and that do not impose additional requirements or penalties on regulated parties or confidential information.
9. " Working day"  means a twenty-four hour period excluding weekends and legal holidays.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1602 - Regulatory bill of rights

11-1602.
Regulatory bill of rights
To ensure fair and open regulation by counties,  a person:
1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a county in a court proceeding regarding a county decision as provided in section 12-348.
2. Is entitled to receive information and notice regarding inspections as provided in section 11-1603.
3. Is entitled to have a county not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 11-1604.
4. May have a county approve or deny the person's license application within a predetermined period of time as provided in section 11-1605.
5. Is entitled to receive written or electronic notice from a county on denial of a license application that:
(a) Justifies the denial with references to the statute,  ordinance,  regulation,  delegation agreement or authorized substantive policy statements on which the denial is based as provided in section 11-1605.
(b) Explains the applicant's right to appeal the denial as provided in section 11-1605.
6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 11-1606.
7. May inspect all ordinances,  regulations,  rules and substantive policy statements of a county,  including a directory of documents,  at the office of the county or on the county's website as provided in section 11-1607.
8. Unless specifically authorized,  may expect counties to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 11-1604.
9. May file a complaint with the board of supervisors concerning an ordinance,  regulation,  rule or substantive policy statement that fails to comply with this section.
10. As provided in section 11-1604,  is entitled to have a county not request or initiate discussions about waiving any of the rights prescribed in this section.
11. May participate in the rule development process as provided in section 11-251.18,  including providing written or verbal comments on proposed rules to a county department or agency and having the agency or department address comments as provided in section 11-251.18.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1604 - Prohibited acts by county and employees; enforcement; notice

11-1604.
Prohibited acts by county and employees;  enforcement;  notice
A. A county shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute,  rule,  ordinance or delegation agreement. A general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition.
B. Unless specifically authorized,  a county shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable.
C. This section does not prohibit county flexibility to issue licenses or adopt ordinances or codes.
D. A county shall not request or initiate discussions with a person about waiving that person's rights.
E. This section may be enforced in a private civil action and relief may be awarded against a county. The court may award reasonable attorney fees,  damages and all fees associated with the license application to a party that prevails in an action against a county for a violation of this section.
F. A county employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the county's adopted personnel policy.
G. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.
H. A county shall prominently print the provisions of subsections A,  B,  C,  D,  E,  F and G of this section on all license applications.
I. The licensing application may be in either print or electronic format.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1606 - License application process

11-1606.
License application process
A county that issues licenses shall provide the following information to an applicant 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 in order to obtain the license.
2. The applicable licensing time frames.
3. The name and telephone number of a county contact person who can answer questions or provide assistance throughout the application process.
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 or application of a statute,  ordinance,  regulation,  delegation agreement or authorized substantive policy statement as provided in section 11-1609.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1607 - Directory of documents

11-1607.
Directory of documents
The county shall publish,  or prominently place on the county website,  at least annually a directory summarizing the subject matter of all currently applicable ordinances,  regulations,  rules,  and substantive policy statements. The county shall keep copies of this directory and all substantive policy statements at one location. The directory,  ordinances,  regulations,  rules,  substantive policy statements and any materials incorporated by reference in these documents shall be open to public inspection at the office of the county or the county website.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1608 - Complaints; procedures

11-1608.
Complaints;  procedures
A. The board of supervisors shall establish a procedure for receiving complaints from an adversely affected person concerning ordinances,  rules,  regulations,  substantive policy statements or county practices alleged to violate this article or section 11-251.18.
B. The board of supervisors may require the complaint to be made in writing and to include the following information:
1. The name and address of the adversely affected person making the complaint.
2. The ordinance,  rule,  regulation,  substantive policy statement or county practice alleged to violate this article or section 11-251.18.
3. Any facts relevant to,  and the legal basis for,  the complaint.
C. Procedures adopted by the board of supervisors pursuant to this section shall include reasonable time frames to address complaints and shall provide a process for appeal.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1609 - Clarification of interpretation

11-1609.
Clarification of interpretation
A. An applicant for a license subject to this article may request a county to clarify its interpretation or application of a statute,  ordinance,  regulation,  delegation agreement or authorized substantive policy statement affecting the procurement of that license by providing the county with a written request that states:
1. The name and address of the applicant requesting the clarification.
2. The statute,  ordinance,  regulation,  delegation agreement or authorized substantive policy statement or part of the statute,  ordinance,  regulation,  delegation agreement or authorized substantive policy statement that requires clarification.
3. Any facts relevant to the requested ruling.
4. The applicant's proposed interpretation of the applicable statute,  ordinance,  regulation,  delegation agreement or authorized substantive policy statement or part of the statute,  ordinance,  regulation,  delegation agreement or authorized substantive policy statement that requires clarification.
5. Whether,  to the best knowledge of the applicant,  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 that complies with subsection A,  the county may meet with the applicant to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The county shall provide the applicant with an opportunity to meet and discuss the county's written explanation.
C. The county may modify a written explanation provided under subsection B on written notice to the applicant if required by a change in the law that was applicable at the time the clarification of interpretation was issued,  including changes caused by legislation,  administrative rules formally adopted by the board of supervisors or a court decision.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1610 - Exemptions

11-1610.
Exemptions
This article does not apply to:
1. A county function,  power or duty to the extent that it is subject to title 49,  chapter 3,  article 3.
2. An ordinance,  regulation or substantive policy statement that relates to only the internal management of a county and that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.
3. An ordinance,  regulation or substantive policy statement that relates to only the physical servicing,  maintenance,  operation or care of county owned or operated facilities or property.
4. An ordinance,  regulation or substantive policy statement that relates to inmates or committed youth,  a correctional or detention facility under the jurisdiction of the county or a patient admitted to an institution or treatment center pursuant to court order.
5. An ordinance,  regulation or substantive policy statement that relates to a county contract.
6. A design-build project in which,  at the request of the applicant,  the county agrees to exempt the project from this article. If there is no such agreement,  all of the requirements of this article apply.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1611 - Limitation on regulatory actions; health, safety and welfare; goods and services; definitions

11-1611.
Limitation on regulatory actions;  health,  safety and welfare;  goods and services;  definitions
A. Unless authorized by federal,  state or local law a county may not take any action that materially increases the regulatory burdens on a business unless there is a threat to the health,  safety and welfare of the public that has not been addressed by legislation or industry regulation within the proposed regulated field.
B. Unless authorized by federal,  state or local law,  a county may not apply a regulation to a qualified marketplace platform if the purpose of that regulation is to regulate a business that provides goods or services directly to the customer.
C. For the purposes of this section:
1. " Qualified marketplace contractor"  means any person or organization,  including an individual,  corporation,  limited liability company,  partnership,  sole proprietor or other entity,  that enters into an agreement with a qualified marketplace platform to use the qualified marketplace platform's digital platform to provide goods or services to third-party individuals or entities seeking those services.
2. " Qualified marketplace platform"  means an organization,  including a corporation,  limited liability company,  partnership,  sole proprietor or any other entity,  that operates a digital platform that facilitates the provision of goods or services by qualified marketplace contractors to third-party individuals or entities seeking those goods or services.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1613 - Licensing; permitting; free speech or assembly; land use; density; time frames; criteria; clarity

11-1613.
Licensing;  permitting;  free speech or assembly;  land use;  density;  time frames;  criteria;  clarity
A. Notwithstanding any other law,  if a county requires a license or permit for any free speech or assembly activity or any activity that changes the use,  appearance or density of a structure or land,  the county shall specify in clear and unambiguous language the criteria for granting the license or permit,  unless criteria are established by existing state or federal law.
B. A county shall approve or deny application submittals for the activities prescribed in subsection a of this section within sixty days after a submittal is deemed administratively complete pursuant to section 11-1605 unless another time frame is specified by a county ordinance or state or federal law. If the county does not take action on a submittal within the applicable time frame,  the submittal is deemed approved,  unless the submittal is incomplete,  the county provides notice pursuant to section 11-1605 and the applicant fails to complete the submittal.
C. In a court proceeding involving a denial of a license or permit for any of the activities prescribed in subsection A of this section,  the court,  without deference to a previous determination made by the county,  shall determine whether the approval criteria language is clear and unambiguous.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1702 - Individual property inspections

11-1702.
Individual property inspections
A. For individual residential rental properties the county may conduct interior inspections if an exterior inspection of the property reveals or if the property is found to have any of the following:
1. Conditions that materially affect the health and safety of the occupants as prescribed by section 11-1703.
2. A significant level of crime associated with the property.
3. A documented history of building code violations.
4. The owner repeatedly fails to comply with building code enforcement requirements imposed by the county.
5. There is probable cause that the residential rental property is not in compliance with the county's building code.
6. A complaint is received from or consent for inspection is given by the owner of record,  agent or property manager,  a lawful resident or a lawful tenant of the residential rental unit.
B. If the county determines pursuant to subsection A of this section that an interior inspection is reasonably necessary and the property's tenant has vacated,  the county may require an additional inspection and approval by the county before a new occupancy is permitted.
C. Before entry the county shall receive consent of the owner of record or a lawful tenant or on issuance of a warrant.
D. This section does not limit the authority of a county to:
1. Perform an exterior inspection of any property in the county's jurisdiction at any time.
2. On receipt of a complaint or consent from the owner or lawful tenant,  perform an interior inspection of any property in the county's jurisdiction.
3. Perform interior,  exterior or construction jobsite inspections of new construction before issuance of a certificate of occupancy.
4. Perform interior or exterior inspections of illegal construction that occurred without a required building permit.
5. Perform an interior inspection of any property during an emergency or natural disaster.
E. A county may designate any of its departments to perform all or part of the duties granted to the county pursuant to this chapter.
2023 Arizona Revised Statutes › Title 11 - Counties › § 11-1704 - Countywide residential rental property inspection program requirements; residential rental licensing or registration prohibition

11-1704.
Countywide residential rental property inspection program requirements;  residential rental licensing or registration prohibition
(L23,  Ch. 204,  sec. 2. Eff. 1/1/25)
A. A county may adopt a countywide residential rental property inspection program only if the following occurs:
1. The county conducts a public hearing and adopts the rental property inspection program ordinance or resolution at a regularly held county board meeting that occurs at least thirty days after the public hearing.
2. The ordinance or resolution is adopted by at least a majority vote of the entire board.
3. The county notifies all owners of residential rental properties who are then currently registered with the county assessor of the county.
4. The notice to owners is mailed by first class mail at least twenty days before the required public hearing.
5. A notice of the public hearing is published in a local newspaper of general circulation and posted on any official county website not less than two weeks before the required public hearing.
B. A county shall not adopt a residential rental licensing requirement for residential rental properties or property owners.
C. A county shall not adopt a residential rental registration requirement. A county shall obtain rental registration information only from the county assessor's office.