Arizona cities grapple with voter-approved measure aimed at public nuisances

After Arizona voters passed Proposition 312, a measure aimed at public nuisance laws, cities are trying to figure out what it could cost them.

The measure is meant to pressure local governments to enforce existing laws related to public nuisances, like loitering, homeless encampments, drug use and alcohol consumption.

If property owners – whether residential or commercial - spend their own money on things like cleaning hazardous waste, repairing damages or installing security devices they can request property tax refunds.

Amber Williamson, Phoenix's budget director, said property owners would apply for reimbursements with the Arizona Department of Revenue who would forward requests to the appropriate city, town or county.

She recently told council members, “The city of Phoenix would be able to take 30 days to respond to that, but it’s potential that this would cause an undue burden onto the general fund if we had to refund taxpayer dollars.”

Williamson said the budget and research department is working with the city’s law department to better understand the potential impact, but at this stage it sounds like if a city does not agree with the property owner’s request for reimbursement, it could end up in court.

Councilwoman Kesha Hodge Washing, who has more than 20 years experience as an attorney, said, “I understand no resident wants to have these types of encampments in their space, but this with all due respect was not the approach that needed to be taken. I continue to call for a regional approach to the homelessness because you are putting the cities in situations that are not helpful. ... I implore legislators to be a little more thoughtful in their process going forward.”

Arizona state lawmakers voted to place Proposition 312 on the ballot.