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Sober Living Homes - CIOSI Presented by Deputy City Manager Rick St. John Sober Living Homes 2 Staff is providing Council with information on how the City plans to handle unlicensed sober living homes in our neighborhoods. Sober Living Homes 3 • Over the past year or so many valley cities and towns have experienced an unprecedented number of unlicensed sober living homes operating in residential neighborhoods • The issue is being investigated at federal, State, county, and local levels • Local municipalities are restricted under Federal and State law on when and how we can regulate Sober Living Homes 4 • Our regulations must comply with State and federal fair housing laws and the Americans with Disabilities Act • ARS 36-582 Residential facilities; zoning – Six or fewer unrelated persons living in a home shall be considered a “family” for the purpose of any local law or ordinance – Does not differ in any way from any other single family residence Sober Living Homes 5 • ARS 36-582 continued; – No residential facility shall be established within a 1,200 foot radius of an existing facility – The City can enforce adopted Fire code and Building Safety code standards – These protections only apply to State licensed homes Sober Living Homes 6 Our plan to address unlicensed sober living homes; – City requirements – • Reservation application and fee payment – the new home needs to meet the 1,320 foot radius rule • State license to operate – the State defines the type of license needed • A City Certificate of Occupancy – Fire and Building Safety code requirements and inspections met • City business license pursuant to our Zoning Ordinance – Class I or Class II depending on use Sober Living Homes 7 • The investigative process – Code makes initial contact and advises the manager of the City requirements and that they cannot operate without our requirements having been met • 1st Notice of Violation if operating – Reinspect after seven (7) days • 2nd Notice of Violation if still operating – Reinspect after seven (7) days • Civil citation if still operating – Move to criminal if still operating after being found responsible in a civil hearing Sober Living Homes 8 • Federal, State and County activities – FBI investigating fraud involving the native American community – State Attorney General investigating fraud schemes – AZDHS suspending licensing – AHCCCS suspending funding for certain providers – Discussions with State legislators – Discussions with the County Attorney 9 Sober Living Homes • The State established 211 hotline for people displaced by the closing of these unlicensed homes Sober Living Homes 10 Questions?