Make cities pay for not enforcing the law

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An Arizona ballot initiative would let homeowners sue their city if their property was damaged due to nonenforcement of vagrancy laws.

in his garage, and the fermenting yeast made your house smell like rotten eggs, you could sue him for nuisance, enjoin him from making beer, and seekBut what if the city you live in refuses to enforce anti-vagrancy laws, such as bans on camping, panhandling, or public urination? What if the resulting homelessness encampments increase crime in your neighborhood and result in your home smelling like...

“What it really boils down to is, when we have citizens who break laws, the government has a lot of tools to go after citizens that don’t follow the law,” Arizona Senate President Warren Petersen said when debating the legislation. “But when our government doesn’t follow the law or enforce the law, our citizens are limited on what they can do.”

Once the “policy, pattern, or practice” of nonenforcement has been established, the property owner must document expenses undertaken to undo the harm caused by the localities’ nonenforcement. Once those damages are established, the Arizona Department of Revenue will subtract those damages from the property owner’s tax bill, which includes revenue collected by cities, towns, and counties. The value of the reward can be spread over a property owner’s tax liability for up to 10 years.

 

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