05/04/2026 | Press release | Distributed by Public on 05/04/2026 19:42
In November 2024, Arizona voters approved Proposition 312, which can impose an obligation upon cities and towns to address public nuisances even when occurring on private property. Proposition 312 allows property owners to apply for a refund of property taxes paid to the City if it is determined that the City's efforts to mitigate a nuisance are insufficient.
To provide clarity and enforcement parameters, the City Attorney's Office is proposing a codification of what is already recognized by the courts as a private property use that can create a public nuisance. This will be limited to those uses where these three conditions are occurring: 1) regularly occurring distribution of food, beverages, or merchandise, etc.; 2) that leads to criminal activities or similar public offenses in the neighboring area; and 3) that substantially interferes with the use and enjoyment of the neighboring properties.
May 5 meetings