Clark Bar Updates:

April 7, 2022 : JUDY DRICKEY-PROHOW, ESQ February 1, 2022 : UPDATED NOTICE & MANDATORY EVICTION INTAKE FORM October 4th, 2021 : NOTICE & MANDATORY EVICTION INTAKE FORM September 1st, 2021 : COVID-19 - NON-PAYMENT CASES REQUIRE 6 MONTHS OF TENANT LEDGER August 27th, 2021 : COVID-19 - FOLLOW-UP - CDC EVICTION MORATORIUM DECLARED UNCONSTITUTIONAL August 26th, 2021 : COVID-19 - CDC EVICTION MORATORIUM DECLARED UNCONSTITUTIONAL August 19th, 2021 : COVID-19 - CARES ACT COMMUNITIES REMINDER & NOTICE August 6th, 2021 : COVID-19 - POSSIBLE DELAYED COURT HEARINGS August 3rd, 2021 : COVID-19 - *** CDC Issues New Order Temporarily Halting All Financial Evictions in the United States *** July 30th, 2021 : COVID-19 - *** Advisory for Cares Act Covered Communities *** July 22nd, 2021 : COVID-19 - The Return to Normalcy: How to Execute Writs on Cases Delayed by the CDC Moratorium June 30th, 2021 : COVID-19 - UPDATED AO 2021-47 LANDLORD CERTIFICATION 7/1/2021 June 24th, 2021 : COVID-19 - CDC EXTENDED ITS ORDER THROUGH 7/31/2021 June 11th, 2021 : COVID-19 - ** CRITICAL CDC ORDER UPDATE & UPDATED FORM ** June 7th, 2021 : COVID-19 - ** CRITICAL CDC ORDER UPDATE & UPDATED FORM ** May 24th, 2021 : COVID-19 - Expiration of CARES Act - Changes to Non-Payment of Rent Notice April 22, 2021 : COVID-19 - CFPB RULE CHANGE AFFECTION ISSUANCE OF NON-PAYMENT OF RENT NOTICES IN ARIZONA April 14, 2021 : COVID-19 - **UPDATE - CRITICAL CDC ORDER UPDATE & UPDATED FORM** April 5, 2021 : COVID-19 - **CRITICAL CDC ORDER UPDATE & UPDATED FORM** March 30, 2021 : COVID-19 - CDC EXTENDED ITS ORDER THROUGH 6/30/2021 February 26, 2021 : COVID-19 - CDC ORDER TEMPORARILY HALTING CERTAIN RESIDENTIAL EVICTIONS DECLARED UNCONSTITUTIONAL February 23, 2021 : COVID-19 - UPDATED RENTAL ASSISTANCE PROGRAMS BY COUNTY February 19, 2021 : COVID-19 - RENTAL ASSISTANCE PROGRAMS BY COUNTY February 2, 2021 : COVID-19 - PIMA COUNTY - CDC EVICTION MORATORIUM February 1, 2021 : COVID-19 - CDC EXTENDS ORDER TEMPORARILY HALTING ALL FINANCIAL EVICTIONS IN U.S. January 28, 2021 : COVID-19 - ** CRITICAL CDC ORDER UPDATE ** January 4, 2021 : COVID-19 - NEW CDC DECLARATION ATTESTATION FORM - AO 229 LANDLORD CERTIFCATION December 22, 2020 : COVID-19 - EVICTION PROTOCOL UPDATE December 18, 2020 : PIMA COUNTY - NEW MASK RESOLUTION October 22, 2020 : COVID-19 - UPDATED CDC DECLARATION ATTESTATION FORM (V5) October 14, 2020 : COVID-19 - CRITICAL SECOND UPDATE - CDC Order Temporarily Halting Evictions October 12, 2020 : COVID-19 - CRITICAL UPDATE - CDC Order Temporarily Halting Evictions September 23, 2020 : COVID-19 - Thirty (30) day notice (CARES ACT COVERED PROPERTY) September 9, 2020 : COVID-19 - Arizona Non-Payment Evictions During the CDC Order September 2, 2020 : COVID-19 - CDC SEEKS TO TEMPORARILY HALT ALL FINANCIAL EVICTIONS IN THE UNITED STATES August 26, 2020 : COVID-19 - ARIZONA GYM/FITNESS REOPENING August 18, 2020 : COVID-19 - ARIZONA GYM/FITNESS CENTER REOPENING GUIDELINES August 12, 2020 : COVID-19 - WHY FILE NON-PAYMENT EVICTIONS? August 4, 2020 : COVID-19 - GOVERNOR RELEASED RENTAL PROPERTY OWNER PRESERVATION FUND - APPLY TODAY! July 17, 2020 : COVID-19 - EXTENSION OF TEMPORARY POSTPONEMENT OF THE EXECUTION OF THE WRIT OF RESTITUTION July 7, 2020 : COVID-19 - EXPIRATION OF CARES ACT - Changes to Non-Payment of Rent Notice June 29, 2020 : COVID-19 - PAUSING OF ARIZONA'S REOPENING April 3, 2020 : COVID-19: NEW PAID LEAVE AND FMLA RULES April 1, 2020 : COVID-19: Governor Ducey's Stay at Home Order April 1, 2020 : COVID-19: EVICTION PROTOCOL UPDATE March 28, 2020 : COVID-19: SUMMARY March 25, 2020 : COVID-19: PIMA COUNTY JUSTICE COURT CHANGES March 25, 2020 : COVID-19: Compliance with Non-Discrimination Laws March 24, 2020 : **REVISED** COVID-19 Eviction Protocol Update March 23, 2020 : IMPORTANT LEGAL UPDATE - Families First Coronavirus Response Act March 20, 2020 : Arizona Multihousing Association seeks assistance in getting tenants to petition AZ Legislature to Approve Immediate Emergency Funding for Eviction Prevention March 20, 2020 : IMPORTANT LEGAL UPDATE for Coronavirus Disease 2019 (COVID-19) March 20, 2020 : SUMMARY OF AZ TRIAL COURT COVID-19 PROCEDURES March 19, 2020 : IMPORTANT EVICTION UPDATE for Coronavirus Disease 2019 (COVID-19) March 18, 2020 : FAQ for Coronavirus Disease 2019 (COVID-19) March 15, 2020 : Coronavirus ("Covid-19")


Law Offices of Scott M. Clark, PC
Date: December 18, 2020

By: Judy Drickey-Prohow

Dear Client(s):

New Pima Outnumbered Resolution Regarding Face Coverings and Enforcement Mechanisms

The Pima County Board of Supervisors has adopted a new resolution, 2020-96, that requires face coverings in public places where people cannot easily maintain a continuous distance of at least six (6) feet from all other persons. It applies throughout Pima County, including in both all incorporated and unincorporated areas.

While Resolution 2020-96 may sound typical of other ordinances and resolutions, it contains enforcement procedures and penalties that most other rules and requirements have lacked.

Specifically the Resolution mandates that businesses and other establishments that are open to members of the public, including offices and any “business or other establishment where people assemble or members of the public may enter” to
1. Refuse to allow any non-exempt person to enter if the person is not wearing a face covering, and
2. Request that any person who is in the building or office to leave if the person is not exempt and is not wearing a face covering.

Pima County is providing a public website through which any person can report violations. The website allows submission of photographs depicting violations. When those violations are reported, the Pima County Health Dept. will investigate and post copies of any complaints and substantiating photographs on its own website.

In addition,
1. Persons who violate the face covering provisions face a civil infraction that carries a fine of $50.00 per infraction, AND
2. Businesses and other establishments that have been found to violate this Resolution face fines of $500.00 per infraction and the possible suspension of the establishment’s business license.

Because the offices and many other common areas of apartment communities are covered by this Resolution, property owners, management companies and their employees are responsible for complying with it.

Exemptions identified in Resolution 2029-96 include only the following:

1. Children under the age of 5 years old.
2. Persons who cannot medically tolerate wearing a face covering.
3. Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.
4. Persons for whom wearing a mask would create a risk to the person performing the work as determined by local, state or federal regulators or workplace safety guidelines.
5. Persons who are obtaining a service involving the nose, face or head for which temporary removal of the face covering is necessary to perform the service.
6. Persons who are eating or drinking at a restaurant or other establishment that offers food or beverage service as long as that person is able to maintain a distance of six (6) feet from persons who are not members of the same household or party.
7. Any member of a group of persons who are in a public place together and live in the same household or are part of a party of ten (10) or less, as long as they can maintain at least six (6) feet distance from all other persons.
8. Persons who are engaged in outdoor work, recreation or exercise when alone or part of a group of ten (10) or less, as long as they can maintain a continuous physical distance from all other persons
9. Persons who are incarcerated.
10. Persons who are swimming. And
11. Persons who have been given a case-by- case exemption by the Pima County Health Department.

Owners and Management companies should take extra care to notify all employees of these requirements and ensure that all employees strictly comply with them, as lack of knowledge is unlikely to be considered a defense to any proven violation.

Anyone with questions about these new requirements should seek legal advice.

Law Offices of Scott M Clark, PC


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