Chapter
21
NUISANCES AND
PROPERTY ENHANCEMENT
Art.
I. Nuisances, §§ 21-1—21-20
Art. II. Rental Housing Code, §§ 21-21—21-40
Div. 1. Generally, §§ 21-21—21-30
Div.
2. Rental Housing Standards, §§
21-31—21-40
Art.
III. Administration and
Enforcement, §§ 21-41—21-55
ARTICLE I. NUISANCES[1]
Sec.
21-1. Definitions.
For
the purposes of this article, the following words, terms and phrases shall have
the meaning respectively ascribed to them as follows, unless the context
clearly indicates otherwise:
Animal means any types of animals, both
domesticated and wild, male, female or neutered, singular and plural.
Architectural pool means a constructed
or excavated exterior area designed to hold water on a continuous basis other
than a swimming pool or a spa.
Deteriorated or deterioration means a lowering in quality of the condition or
appearance of a building, structure or premises, characterized by holes,
breaks, rot, crumbling, cracking, peeling, rusting or any other evidence of
physical decay, neglect, damage or lack of maintenance.
Dumping ground means any area that is
used for the storing, leaving, or abandoning of refuse, garbage, waste, earth,
rock or debris, including construction, agricultural, landscape, residential,
commercial and industrial solid waste.
Garage sale means and includes yard
sales, carport sales or similar types of sales on the seller’s own premises,
involving the sale of used or second hand tangible personal property
customarily found in and about the residence, and not including property
acquired for resale and not for personal use.
Habitual offender means any person that
on at least one prior occasion within a twelve (12) month period of
adjudication has had:
(1) At
least one conviction, either civil or criminal, or a default judgment entered,
of a violation of this chapter; or
(2) Has
had abatement action approved against any property the habitual offender owns.
Improved area means an area having a
surface of asphalt, concrete, crushed rock, gravel, masonry or wood, maintained
free of all vegetation and contained within a permanent curb or border,
constructed of asphalt, concrete, masonry, metal, wood or other approved
permanent material secured to or embedded in the ground, delineating the
improved area from the remainder of the yard area.
Inoperable vehicle means a vehicle that
is physically incapable of its intended operation, or unable to be safely
operated at that time, including but not limited to vehicles on blocks or
similar devices, with a deflated tire or tires, or from which the engine,
wheels or tires have been removed.
Junkyard means a place used for the
storage, keeping or abandonment of junk, stripped, substantially damaged,
discarded or dismantled vehicles or machinery, or parts thereof, scrap metals,
rags, scrap materials or articles that are worn out or fit to be discarded;
including places used for the wrecking, disassembling, repair or rebuilding of
vehicles or machinery of any kind. The term junk as used in this definition
does not include ongoing restoration projects.
Landscaping means the combination of
elements such as trees, shrubs, ground covers, vines and other organic and
inorganic material for the express purpose of creating an attractive and
pleasing environment.
Off-road vehicle means a recreational
vehicle designed for off-road use and not required to be licensed, including
without limitation all-terrain vehicles, motocross cycles, sand rails and dune
buggies.
Ongoing restoration project means a
project involving a single vehicle or machinery that is kept in a clean and
neat condition during the term of active repair and rebuilding.
Slum-like means the unsightly condition
of a building, structure or premises characterized by deterioration or other
similar conditions regardless of the condition of other properties in the
neighborhood.
Street or highway means the entire width between the boundary lines of every
way publicly owned or maintained when any part thereof is open to the use of
the public for the purpose of vehicular travel.
Vehicle means a machine propelled by
power other than human power designed to travel along the ground, water or air
to transport persons, property or machinery, and shall include, without
limitation, automobile, truck, trailer, motorcycle, tractor, boat or aircraft.
(Ord. No. 99.35, 9-30-99; Ord. No.
2001.17, 7-26-01; Ord. No. 2002.06, 5-30-02; Ord. No. 2007.80, 12-13-07)
Sec.
21-2. Purpose and scope.
The
purpose of this chapter is to promote the health, safety and welfare of
(1) Contribute
to or cause injury or endangerment to the health, safety or welfare of others;
(2) Are contrary to community standards of
decency;
(3) Are offensive to the senses of any
reasonable person of normal sensitiveness;
(4) Unlawfully
interfere with, obstruct or tend to obstruct or render dangerous the free
passage or use, in the customary manner, of any stream, public park, parkway,
square, sidewalk, street or highway in the city;
(5) Obstruct
the free use of property so as to essentially interfere with the comfortable
enjoyment of life and property by the public; or
(6) Damage
or contribute to the deterioration of property or improvements in the
community.
(Ord.
No. 99.35, 9-30-99; Ord. No. 2002.06, 5-30-02)
Sec.
21-3. Enumerated violations.
(a) It shall be unlawful and a violation of
this code for any person to commit a nuisance or willfully omit to perform any
legal duty relating to the removal of a nuisance.
(b) A nuisance includes any one or more of the
following conditions:
(1) Filthy, littered, debris or trash-covered exterior areas,
including exterior areas under any roof not enclosed by the walls, doors or
windows of any building; including, but not limited to, areas that contain
items such as cans, bottles, wood, metal, plastic, rags, boxes, paper, tires,
auto parts; unused, inoperable, worn out or discarded appliances or other
household items; lumber, scrap iron, tin and other metal not neatly piled, or
anything whatsoever that is or may become a hazard to public health and safety,
or that may harbor insect, rodent or vermin infestation. This subsection shall not be deemed to include
items kept in covered bins or metal receptacles approved by the county health
officer or this code or any other ordinance of the city;
(2) Exterior areas used or maintained as
junkyards or dumping grounds, except:
a. Any automobile wrecking yard or other
junkyard where the same are permitted by the city zoning regulations; or
b. The disassembling, repair, rebuilding,
storage or keeping of vehicles, machinery or any of the parts thereof on any
farm or ranch where such disassembling, repair, rebuilding, storage or keeping
are customary and incidental to such farming or ranching activities;
(3) Any inoperable or unregistered vehicle, or parts thereof,
outside of or under a roof area not enclosed by walls, doors or windows of any
building on any lot, except the safe and neat keeping of:
a. Substantially complete inoperable or
unregistered vehicles with inflated tires under the roof area of any building;
b. A vehicle undergoing repair, titled to the
owner or resident of the property, provided that the repair is complete within
fourteen (14) days after the repair was begun, provided that not more than
three (3) such fourteen (14) day repairs will be permitted in any twelve (12)
month period;
c. Not more than two (2) ongoing restoration
projects or inoperable or unregistered vehicles in a backyard area, screened by
a substantially opaque fence at a minimum height of five (5) feet or the height
of the vehicles, whichever is more, provided that any fence constructed or
modified pursuant to this subsection must meet any and all other requirements
of the city code;
d. Lawful commercial activities involving
vehicles as allowed by the Zoning and Development Code; or
e. Operable, off-road vehicles, under the
roof area of any building, or in a backyard area, screened by a substantially
opaque fence at a minimum height of five (5) feet or the height of the
vehicles, whichever is more, provided that any fence constructed or modified
pursuant to this subsection must meet any and all other requirements of the
city code;
(4)
To
leave or permit to remain outside of any single-family or multifamily dwelling
or accessory building any camper, vehicle, or part thereof in any portion of
the front or side area of the building visible from the street that is not on
an improved area designed or intended for such use. An improved area shall:
a. Be
contiguous to, parallel with, and share an access point with, the required
driveway;
b. Have a consistent length and width, but
not necessarily the same dimensions of the parking area or required driveway;
c. Be no greater than thirty-five percent
(35%) of the front and side areas visible from the street;
d. Be a minimum of three (3) inches in depth if
gravel, crushed rock or other aggregate.
If using materials other than asphalt or concrete, an improved surface
containing material such as gravel or crushed rock must be contained within a
permanent border, imbedded in the ground, delineating the improved area from
the remainder of the yard; and
e. Be maintained free of all vegetation,
including, but not limited to grasses, trees and bushes.
Zoning and Development Code reference—Section 4-602(B)(7),
recreational vehicle parking.
(5) The storing or leaving of any machinery or equipment designed for
or used by contractors or builders for commercial purposes, except where
permitted by the city zoning regulations;
(6) Excessive animal waste that is not securely protected from
insects and the elements, or that is kept or handled in violation of this code
or any other ordinance of the city or the county; provided, that nothing in
this subsection shall be deemed to prohibit the use of such animal waste on any
farm or ranch in such a manner and for such purposes as are compatible with
customary methods of good husbandry or cultivation;
(7) Any object, building, tree, bush or vehicle that interferes
with, obstructs, tends to obstruct, or renders dangerous the free passage, use
or vision in the customary manner of any sidewalk, street or highway in the
city;
(8) Any landscaping, visible from public property, that is
substantially dead, damaged, or characterized by uncontrolled growth, or
presents a deteriorated or slum-like appearance; uncultivated plants, weeds,
tall grass, uncultivated shrubs or growth (whether growing or otherwise) higher
than twelve (12) inches; or any dead trees, bushes, shrubs or portions thereof,
including stumps; or any palm or similar type tree having dead or dry fronds
descending downward from the base of the lowest living frond more than eight
(8) feet or dry fronds longer than five (5) feet and closer than eight (8) feet
to the ground;
(9) Any dangerous, deteriorated, abandoned, partially destroyed or
unfinished building, addition, appendage or other structure, or any building in
violation of the uniform building code as adopted by the city, and any vacated
or abandoned building not securely closed at all times; any wood, metal or
other material used for securing a vacated or abandoned building must be
compatible with the color of the building;
(10) Any putrid, unsound or unwholesome bones, meat, hides, skins or
the whole or any part of any dead animal, butcher's trimmings and offal, or any
waste vegetable or animal matter in any quantity, garbage, human excreta, sewage
or other offensive substances; provided, that nothing contained in this
subsection shall prevent the temporary retention of waste in receptacles in the
manner approved by the health officer of the county or this code or any other
ordinance of the city;
(11) The erection, continuance or use of any building, room or other
place in the city that, by noxious exhalations, including but not limited to
smoke, soot, dust, fumes or other gases, offensive odors or other annoyances,
is discomforting or offensive or detrimental to the health of individuals or of
the public;
(12) Burning or disposal of refuse, sawdust or other material in such a
manner as to cause or permit ashes, sawdust, soot or cinders to be cast upon
the sidewalk, streets, alleys or highways of the city, or to cause or permit
the smoke, ashes, soot or gasses arising from such burning to constitute a
potential hazard to public health, safety and welfare; provided, that this
subsection shall not apply where the person responsible for the action has
properly obtained a fire permit from the city fire department or the county
health officer;
(13) Any unguarded or abandoned excavation, pit, well or hole that may
constitute a threat to public health, safety and welfare; or any well, cellar,
pit or other excavation of more than two (2) feet in depth, on any unenclosed lot,
without substantial curbing, covering or protection;
(14) To
leave or permit to remain exposed outside on any property, or within any
unoccupied or abandoned building, dwelling or other structure or in a place
accessible to children, any abandoned, unattended or discarded ice box,
refrigerator or other container that has an airtight door or lid, snaplock or
other locking device that may not be released from the inside, without first
removing such door or lid, snaplock or other locking device from such ice box,
refrigerator or container;
(15) Any wall or fence that is missing blocks, boards or other
material, or is otherwise deteriorated so as to constitute a hazard to persons
or property. This includes but is not
limited to, leaning or damaged fences, fences missing slats or blocks or any
other materials that are otherwise broken or damaged in such amounts as to
present a deteriorated or slum-like appearance.
All replacement materials shall be uniform, compatible and consistent
with the design thereof;
(16) Any swimming pool areas that are not enclosed by a fence of at
least five (5) feet in height and equipped with self-closing, self-latching
gate(s), or padlocked at all times. Any
openings in the fencing shall be of a size to prohibit a spherical object four
(4) inches in diameter from passing through or under the fence or gate; or any
swimming pool, architectural pool or spa that creates a health hazard, harbors
insect infestation or presents a deteriorated appearance;
(17) Making, causing or permitting to be made any vibration or
artificial illumination of such intensity as to interfere substantially and
unnecessarily with the use and enjoyment of public or private property by the
public, or as to constitute a hazard or threat to the public health, safety or
welfare of the people of the city;
Zoning and Development Code
reference—Part
4, Chapter 8, Lighting
(18) Willfully
or negligently permitting or causing the escape or flow of water into the
public right-of-way in such quantity as to cause flooding, to impede vehicular
or pedestrian traffic, to create a hazardous condition for such traffic, or to
cause damage to the public streets or alleys of the city through the failure or
neglect to operate or maintain properly any water facility or device,
including, but not limited to, swimming pools, architectural pools, spas,
sprinklers, hoses, pipes, ditches, standpipes, berms, valves and gates;
(19) The keeping or harboring of any dog or other animal that by
frequent or habitual howling, yelping, barking, crowing or the making of other
noises, annoys or disturbs a neighborhood or any number of persons; provided,
that a complaint for a violation of this subsection shall not be initiated,
unless there are at least three (3) written statements from witnesses as to the
facts constituting the offense; or
(20) To leave or permit to remain on any property, areas infested with
insects or rodents including, but not limited to: bees, wasps, hornets, yellow jackets, mice,
rats, or roaches, in an amount that may become a hazard to public health or
safety.
(c) Nothing in subsections (1) through (5) of
this section shall be deemed to apply to safe and neat outdoor accessory
storage, use or repair of items customarily associated with the lawful use of
such property in the city, screened by a substantially opaque fence at a
minimum height of five (5) feet or the height of the storage, use or repair,
whichever is more, provided that any fence constructed or modified pursuant to
this subsection must meet any and all other requirements of the city code.
(Ord. No.
99.35, 9-30-99; Ord. No. 2002.06, 5-30-02; Ord. No. 2004.42, 1-20-05; Ord. No.
2006.53, 7-20-06; Ord. No. 2007.80, 12-13-07)
Sec. 21-4. Other enumerated violations.
(a) It shall be unlawful and a violation of
this code for any person to erect, maintain, use, place, deposit, cause, allow,
leave or permit to remain any of the following:
(1) In a residential district, any vehicle or
trailer that was designed or is used for any commercial purpose, of more than
one-ton capacity or in excess of twenty-one (21) feet in length; or two (2) or
more commercial vehicles, regardless of size;
(2) For
any residential property:
a. Any wood
surfaces unprotected from the elements by paint or other protective treatment,
except those naturally resistant to decay;
b. Exterior
painted surfaces with loose, cracked, scaling, chipping or peeling paint,
visible from a public area, in such amounts as to present a deteriorated or
slum-like appearance;
c. Broken, rotted,
split, curled or missing roofing material in such amounts as to present a
deteriorated or slum-like appearance;
d. Replacement
materials and paint used to repair or repaint exterior surfaces of a building
shall be visually compatible with the remainder of the materials and paint on
the exterior of the structure;
e. Glazed areas not in sound condition or
maintained free of missing, loose, cracked or broken glass; or
f. Exterior doors, garage doors, door
hardware and door frames not maintained in sound condition, or kept free from
holes, breaks and cracks; or any exterior door incapable of functioning as
intended by its design.
(3) Outside of any building, any required
address numbers which are not mounted to the building in a permanent and
stationary manner, or are obstructed by trees, shrubs, or anything that would
tend to hide or obscure the numbers, or are not visible at all times from public
access areas to the dwelling; or
Cross Reference—Number assignment; placement on buildings, §
25-41.
(4) Conducting garage sales from any property
in excess of five (5) days in any six (6) month period, or between the hours of
8:00 p.m. and 7:00 a.m., or the sale of property acquired for resale and not
for personal use in any residential district at any time.
(b) It
shall be a separate citable offense to be a habitual offender of this code.
(Ord. No. 99.35, 9-30-99; Ord. No. 99.44,
12-16-99; Ord. No. 2002.06, 5-30-02; Ord. No. 2007.80, 12-13-07)
Sec.
21-5. Violations not exclusive.
Violations
of this article are in addition to any other violation enumerated within this
chapter or other code provisions and in no way limits the penalties, actions or
abatement procedures that may be taken by the city for any violation of this
article that is also a violation of any other ordinance of the city, or statute
of the State of Arizona.
(Ord. No. 99.35, 9-30-99; Ord. No.
2002.06, 5-30-02)
Sec.
21-6. Repealed.
(Ord. No. 99.35, 9-30-99; Ord. No. 2000.13, 3-30-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.06, 5-30-02)
Sec.
21-7. Repealed.
(Ord. No. 99.35, 9-30-99; Ord. No. 2000.13,
3-30-00; Ord. No. 2002.06, 5-30-02)
Sec.
21-8. Repealed.
(Ord. No. 99.35, 9-30-99; Ord. No.
2000.13, 3-30-00; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.06, 5-30-02)
Sec.
21-9. Repealed.
(Ord. No. 99.35, 9-30-99; Ord. No.
2002.06, 5-30-02)
Sec.
21-10. Repealed.
(Ord. No. 99.35, 9-30-99; Ord. No.
2000.13, 3-30-00; Ord. No. 2002.06, 5-30-02)
Sec.
21-11. Repealed.
(Ord. No. 99.35, 9-30-99; Ord. No.
2002.06, 5-30-02)
Sec. 21-12.
Repealed.
(Ord. No. 99.35, 9-30-99; Ord. No.
2002.06, 5-30-02)
Sec.
21-13. Unenumerated violations.
Notwithstanding
any other provisions of this article, a person who commits a nuisance or
willfully omits to perform any legal duty relating to the removal of a nuisance
not enumerated in § 21-3 or § 21-4, but otherwise provided for within
the scope of authority to regulate nuisances as granted to the city by state
law, shall nonetheless be in violation of this chapter, provided the following
conditions are satisfied:
(1) The violation must meet any or all of the
standards contained in § 21-2 of this article;
(2) The
community development manager or designee must submit a report of the violation
to the city prosecutor for review. The
report shall contain a detailed description of the violation and explain why
the violation does not come within § 21-3 or § 21-4; and
(3) The
city prosecutor may commence, or cause the community development manager or
designee to commence, an action under this section in any manner described in
article III of this chapter.
(Ord. No. 99.35, 9-30-99; Ord. No.
2001.17, 7-26-01; Ord. No. 2002.06, 5-30-02; Ord. No. 2005.18, 4-7-05)
Sec.
21-14. Repealed.
(Ord. No. 99.35, 9-30-99; Ord. No.
2001.17, 7-26-01; Ord. No. 2002.06, 5-30-02)
Sec.
21-15. Repealed.
(Ord. No. 99.35, 9-30-99; Ord. No.
2001.17, 7-26-01; Ord. No. 2002.06, 5-30-02)
Sec.
21-16. Repealed.
(Ord. No. 99.35, 9-30-99; Ord. No.
2001.17, 7-26-01; Ord. No. 2002.06, 5-30-02)
Sec. 21-17.
Repealed.
(Ord. No. 99.35, 9-30-99; Ord. No.
2001.17, 7-26-01; Ord. No. 2002.06, 5-30-02)
Secs.
21-18—21-20. Reserved.
ARTICLE
II. RENTAL HOUSING CODE[2]
DIVISION 1. GENERALLY
Sec.
21-21. Title.
This
article shall be known as the Rental Housing Code, may be cited as such, and
will be referred to hereafter as the "Code".
(Ord. No. 2002.06, 5-30-02)
Sec.
21-22. Scope.
This
code shall apply to all rental housing units located within the city including
mobile homes, single family homes and multifamily units. The intent of this code is to establish base
standards for rental housing in
(Ord. No. 2002.06, 5-30-02)
Sec.
21-23. Definitions.
For
the purposes of this article, the following words, terms and phrases shall have
the meaning respectively ascribed to them as follows, unless the context
clearly indicates otherwise:
Accessory use areas means those areas and buildings around a
rental dwelling which provide space for amenities and facilities, including but
not limited to pay phones, picnic areas, recreation areas, laundry rooms,
recreation rooms and refuse collection facilities.
Agent means a person residing or located within
Approved means in conformance with the
appropriate codes and approved by the community development manager for the
City of
Architectural pool means a constructed or excavated
exterior area designed to contain a regular supply of water other than a
swimming pool or a spa.
Deterioration means a lowering in quality of the
condition or appearance of a building, structure or premises characterized by
holes, breaks, rot, crumbling, cracking, peeling, rusting or any other evidence
of physical decay, neglect, damage or lack of maintenance.
Dwelling means an enclosed occupied or unoccupied
space designed as or being used as
permanent living facilities, including single family and multifamily
dwellings and accessory use areas.
Exterior opening means an open or closed window, door or
passage between interior and exterior spaces.
Gang boxes means a group of postal service mail
boxes clustered together serving a residential area.
Glazed means fitted with glass.
Habitable room means a room or enclosed floor space
within a rental housing unit used, intended to be used or designed to be used
for living, sleeping, eating or cooking and excludes bathrooms, laundry rooms,
halls, closets and storage places.
Impervious means incapable of being penetrated or
affected by water or moisture.
Infestation means the presence or apparent presence
of insects, rodents, vermin or noxious pest of a kind or in a quantity that
endangers health within or around a dwelling or may cause structural damage to
the dwelling.
Inoperable vehicle means a vehicle which is physically
incapable of operation, stripped, substantially damaged, discarded or unable to
be safely operated.
Landscaping means the combination of elements such as
trees, shrubs, ground covers, vines and other organic and inorganic material
for the express purpose of creating an attractive and pleasing environment.
Makeshift means not in accordance with the
requirements of this code, any ordinance of the city or rules or regulations
adopted thereunder, accepted practices, prevailing standards, design of a
licensed contractor or manufacturers recommendation.
Manager means any person who has charge, care or
control of a rental housing unit.
Occupant means any person living in, sleeping in
or possessing a rental housing unit.
Owner means a person, persons or legal entity listed as the
current titleholder of real property, as recorded in the official records of
the Maricopa County Recorder's Office.
Parking area means any area adjacent to a rental
housing unit which was designed for or is used for the purpose of parking
vehicles.
Rental housing unit means that portion of a dwelling for
which payment or other consideration is being made to an owner, agent or
manager for the use or occupancy of that portion as an independent living
facility, excluding transient occupancy such as hotels and motels.
Slum-like means the unsightly condition of a
building, structure or premises characterized by deterioration or other similar
conditions regardless of the condition of other properties in the neighborhood.
Sound condition
means free from decay or defects and in good working condition if applicable.
Specific lighting means artificial illumination which was
designed and installed to provide adequate lighting for a specific area.
Storage means placing or leaving personal
property in a location for a period of time exceeding thirty (30) days or for
the purpose of preservation, seasonal or future use or disposal.
Vehicle means an automobile, truck, trailer,
camper, recreational vehicle, boat or motorcycle.
(Ord. No. 2002.06, 5-30-02; Ord. No.
2005.18, 4-7-05)
Sec.
21-24. Authority to inspect.
(a) Personnel. The community development manager or designee
is authorized to make reasonable and necessary inspections of rental housing
units and premises to determine compliance with this article.
(b) Access. Every owner, agent, manager or tenant of a
rental housing unit shall, upon reasonable notice, allow access to any part of
such rental housing unit at all reasonable times for the purpose of making such
inspections. If the owner, agent,
manager or tenant refuses access to make an inspection, the city is authorized
to obtain an inspection warrant in accordance with the provisions of chapter 34 of this code.
(c) Scope. An inspector may expand the scope of an
inspection to include other city code violations noted during the inspection.
(d) Compliance. If upon inspection, violations of interior or
exterior standards exist, the owner, agent or manager will be required to
correct all violations within a reasonable period of time as determined by the
inspector. In the event the rental
housing unit becomes unoccupied, future occupancy will be prohibited until all
violations have been corrected and the unit has been reinspected by the city
and deemed to be in compliance.
(Ord. No. 2002.06, 5-30-02; Ord. No.
2005.18, 4-7-05)
Sec. 21-25.
Owners of rental property, registration.
(a) An owner of residential rental property
within this city shall maintain with the Maricopa County Assessor information
required by this section in a manner to be determined by the assessor. The
owner shall update any information required by this section within ten (10)
days after a change in the information occurs. The following information shall
be maintained:
(1) The name, address and telephone number of
the property owner;
(2) If
the property is owned by a corporation, limited liability company, partnership,
limited partnership, trust or real estate investment trust, the name, address
and telephone number of any of the following:
a. For
a corporation, a corporate officer;