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 an action for a violation of this subsection shall not be initiated,
unless a petition is received signed by at least three (3) witnesses in
separate households with independent knowledge of the nuisance. The petition requirements may be waived if
the circumstances and evidence otherwise support grounds for enforcement; 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; Ord. No. 2008.21, 6-5-08)
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;
b. For a partnership, a general partner;
c. For a limited liability company, the
managing or administrative member;
d. For a limited partnership, a general
partner;
e. For a trust, a trustee; or
f. For a real estate investment trust, a
general partner or an officer.
(3) The street address and parcel number of the
property; and
(4) The year the building was built.
(b) An owner of residential rental property who
lives outside this state shall designate and record with the assessor an agent
who lives in this state and who will accept legal service on behalf of the
owner. The owner shall designate the agent in a manner to be determined by the
assessor. The information shall include the name, address and telephone number
of the agent.
(c) Residential rental property shall not be
occupied if the information required by this section is not on file with the
county assessor. This subsection applies to any existing lease and to any new
lease after August 25, 2004.
(d) All records, files and documents that are
required by this section are public records.
(e) A person who fails to comply with any
provision of this section shall be cited pursuant to § 21-42(b). Violations of this subsection shall be
assessed a civil penalty of one thousand dollars ($1,000), plus an additional
one hundred dollars ($100) for each month after the date of the original
violation until compliance occurs. The
court shall not suspend any portion of the civil penalty provided by this
subsection.
(f) Notwithstanding subsection (e) of this
section, if a person complies within ten (10) days after receiving the
complaint that notices the violation, the court shall dismiss the complaint and
shall not impose a civil penalty.
(Ord. No. 2002.06, 5-30-02; Ord. No.
2007.80, 12-13-07)
Sec.
21-26. Information furnished to tenants.
(a) Informational
material furnished to owners. The
city shall provide informational material explaining the Rental Housing
Code. The city shall make such material
available to local owners, agents and managers of rental housing units without
charge.
(b) Informational
material furnished to tenants. When
such material is made available by the city, no owner, agent or manager shall
lease, rent or otherwise make available for occupancy by tenants any rental
housing unit without furnishing to the tenant(s), prior to the time of
occupancy, a copy of said materials.
(c) Distribution
of material; multiple tenants. In
the event the rental housing unit is being leased or rented to more than one
tenant, it shall be sufficient to offer a single copy of the material for each
rental housing unit.
(d) Lease
renewals. For the purposes of this
section, the renewal of a lease or rental agreement shall be considered the
same as the making of a new lease or rental agreement; however, if an owner,
agent or manager has previously furnished a tenant of a rental housing unit a
copy of the material, the owner, agent or manager shall not be required to
furnish another copy of the material upon the renewal of the lease or rental
agreement, unless one is requested by the tenant.
(e) Rental
or lease agreement requirements. No
owner, agent or manager of a rental housing unit shall execute a lease or
rental agreement or otherwise make available for occupancy by tenants any
rental housing unit, unless a statement is contained in the lease or rental
agreement, in boldface type no smaller than the remainder of the agreement, in
substantially the following form: "Upon the execution of a lease or rental
agreement for a rental housing unit, a tenant is entitled to receive a copy of
the informational material provided by the City of Tempe concerning rental
housing standards. By executing this
lease or rental agreement, the tenant acknowledges receipt of such
material."
(Ord. No. 2002.06, 5-30-02; Ord. No.
2007.80, 12-13-07)
Secs.
21-27—21-30. Reserved.
DIVISION 2. RENTAL HOUSING STANDARDS
Sec.
21-31. Sanitary facilities.
(a) General provision. Every rental housing unit should have
sanitary facilities, adequate for personal cleanliness and the disposal of
human waste, which are properly installed and maintained in sound condition,
free from defects, leaks or obstructions and connected to a safe supply of
potable water and an approved sewage system.
(b) Flush
toilet. Every rental housing unit
shall contain a room that is equipped with a flush toilet in sound condition
and properly connected to an approved water and sewage system. Every flush toilet shall have:
(1) An integral water-seal trap that eliminates the passage of
sewage gases into the room; and
(2) Smooth, impervious, easily cleanable surfaces free from cracks
or breaks and makeshift repairs that leak or are likely to cause injury to
someone and shall be equipped with seats and flush tank covers constructed of
smooth impervious materials free of cracks or breaks that leak or are likely to
injure a person.
(c)
Lavatory basins.
Every rental housing unit shall contain a fixed lavatory basin in sound
condition and properly connected to an approved hot and cold water system and a
sewage system. The basin shall be in the
same room as the toilet or as near to that room as practicable. If a rental housing unit contains a flush
toilet in more than one room, it shall also contain a fixed lavatory basin in
each room with a flush toilet or as near to each room as is practicable. Lavatory basin surfaces shall be smooth,
easily cleanable, impervious and free from cracks or breaks that leak or are
likely to cause injury to a person.
Sinks used for kitchen purposes and bathtubs are not acceptable substitutes
for lavatory basins.
(d) Bathtub
or shower. Every rental housing unit
shall contain a room that is equipped with a bathtub or shower in sound
condition and properly connected to an approved hot and cold water system and a
sewage system. Every bathtub shall have
a smooth, impervious and easily cleanable inner surface, with a pitch
sufficient to drain properly, free from makeshift repairs and free from cracks
or breaks that leak or are likely to cause injury to a person. Every shower compartment or cabinet shall
have a base with a leak-proof receptor that is made of impervious materials
with a pitch sufficient to drain properly. The interior walls shall be made of
a smooth, impervious, easily cleanable material free from cracks or breaks that
leak or are likely to cause injury to a person.
Built-in bathtubs with overhead showers shall have waterproof joints
between the tub and the adjacent walls and the walls shall be made of
impervious material free from cracks or breaks that leak or are likely to cause
injury to a person.
(e) Hot
water service. Every rental housing
unit shall have hot water service properly installed and maintained in sound
condition capable of furnishing reasonable amounts of hot water with a minimum
temperature of one hundred ten degrees (110º). Water heating units shall be
equipped with a temperature and pressure relief valve and a discharge line in
accordance with the
(f) Water-seal
traps. Bathroom plumbing fixtures,
except those having integral traps, shall be separately trapped by a water-seal
trap that will eliminate the passage of sewage gases into the room. The water-seal trap shall be located as near
the outlet as possible.
(g) Flow
of water. Bathroom plumbing fixtures
shall have a reasonable flow of water and the minimum flow of hot or cold water
issuing from a faucet or fixture shall be not less than one gallon per minute.
(Ord. No. 2002.06, 5-30-02)
Sec.
21-32. Food preparation facilities.
(a) General
provision. Every rental housing unit
should have a kitchen or kitchen area with suitable space and equipment to
store, prepare and serve food in a sanitary manner. Adequate facilities for the disposal of food
waste and refuse should also be provided.
(b) Kitchen
sink. Every kitchen or kitchen area
shall contain a fixed kitchen sink in sound condition, functioning properly and
properly connected to an approved hot and cold water system and a sewage
system. Each kitchen sink shall be of
seamless construction and impervious to water and grease. The interior surfaces shall be smooth with
rounded internal angles and corners, easily cleanable and free from cracks or
breaks that leak or are likely to cause injury to a person. Lavatory basins and bathtubs are not
acceptable substitutes for required kitchen sinks.
(c) Water-seal
traps. Kitchen plumbing fixtures
shall be separately trapped by a water-seal trap that will eliminate the
passage of sewage gases into the kitchen.
The water-seal traps shall be located as near the outlet as
possible.
.
(d) Flow
of water. Kitchen plumbing
facilities shall have a reasonable flow of water and the minimum flow of hot or
cold water issuing from a faucet or fixture shall be not less than one gallon
per minute.
(e) Oven
and range or stove. Every kitchen or
kitchen area shall be equipped with a cooking oven and range or a stove
properly connected and in sound condition.
If the oven and range or stove is provided by the tenant per the rental
agreement, the owner, agent or manager is exempt from the provisions of this
section.
(f) Refrigerator. Every kitchen or kitchen area shall be
equipped with a refrigerator properly connected and in sound condition. Refrigerators shall be capable of maintaining
a temperature between forty degrees (40º) and forty-five degrees (45º)
Fahrenheit. Refrigerators shall have
some capacity for storing frozen food.
If the refrigerator is provided by the tenant per the rental agreement,
the owner, agent or manager is exempt from the provisions of this section.
(g) Sanitary
surfaces; preparation and storage areas.
Countertops, food preparation surfaces, food storage pantries and
cupboards shall be easily cleanable and free from holes, breaks or cracks that
can leak, are likely to cause injury to a person or could permit the harborage
of insects and dampness that could promote the growth of bacteria.
(h) Storage
of garbage. No owner, agent or
manager of any rental housing unit shall permit upon his premises the exterior
accumulation of any garbage or refuse, except in covered portable containers of
rust-resistant metal, rubber, plastic or similar material.
(i) Removal
of garbage. The owner, agent or
manager of a rental housing unit shall provide for the removal of garbage and
refuse by a properly licensed and authorized refuse hauler sufficient to
maintain a clean and sanitary condition on the premises or shall require the
tenant, lessee or occupant to provide such service from a properly licensed and
authorized refuse hauler.
(Ord. No. 2002.06, 5-30-02)
Sec.
21-33. Electrical and lighting.
(a) General
provision. Every rental housing unit
should have electrical service and lighting properly installed and maintained
in sound condition adequate to support the health and safety of occupants,
permit the safe use of electrical appliances and permit normal indoor
activities.
(b) Habitable
rooms; outlets and lights. Every
habitable room shall contain at least two (2) electrical convenience outlets
and either a permanently installed light fixture controlled by a wall switch or
an additional electrical convenience outlet controlled by a wall switch. Ceiling or sidewall light fixtures controlled
by a wall switch shall be required in all kitchens or kitchen areas. In
addition to the above minimum requirements, every owner, agent and manager
shall provide sufficient electrical outlets to service the appliances and
fixtures furnished by the owner, agent or manager and located within the room.
(c) Other
rooms; outlets and lights. Every
laundry room, bathroom and toilet compartment shall contain at least one
permanently installed ceiling or sidewall light fixture controlled by a wall
switch. In addition to the above minimum
requirements, every owner, agent and manager shall provide sufficient
electrical convenience outlets to service the appliances and fixtures furnished
by the owner, agent or manager and located within the room.
(d) Ground-fault
circuit-interrupters. All electrical
convenience outlets installed in bathrooms and within six (6) feet of a
lavatory or kitchen sink shall have ground-fault circuit-interrupter
protection, provided it can be installed without additional wiring to the main
electrical service panel. As used in
this section, a bathroom is an area with a tub or shower, with or without a
lavatory.
(e) Stairway
and hall lights; except public.
Every stairway and hall, except public or common stairways and halls,
shall contain at least one ceiling or sidewall light fixture controlled by a
wall switch except where light is available from a permanent source or an
adjacent space. The switch or switches
shall be located so as not to have to traverse darkened areas to access them.
(f) Stairway
and hall lights; public. Every
public or common stairway, hallway, corridor or breezeway in or leading into
multifamily dwellings shall be lighted, by natural or artificial means, at all
times.
(g) Exterior
entrances; multifamily. Every
building serving four (4) or more rental housing units shall have the main
building entrances lighted with specific lighting during nighttime hours. The entrances into individual rental housing
units shall also be provided with specific lighting which shall be controlled
either automatically or manually by a switch controlled by the tenant.
(h) Exterior
areas; multifamily. Every common
area, accessory use area, aisle, passageway, pedestrian walkway and sidewalk of
buildings serving four (4) or more rental housing units shall be lighted with
specific lighting during nighttime hours.
(i) Parking
lots; multifamily. Common parking
lots and covered and uncovered parking areas serving four (4) or more rental
housing units shall be lighted with specific lighting during nighttime hours.
(j) Mailboxes;
multifamily. Postal service
"gang boxes" in buildings serving four (4) or more rental housing
units shall be lighted with specific lighting during nighttime hours.
(k) Installation
and maintenance. Every outlet,
switch and fixture shall be properly installed and maintained in sound
condition. No owner, agent or manager
shall provide, install or allow to be installed or used any frayed and exposed
wiring; wiring unprotected by proper covering; fixtures in disrepair; tacked
extension cording; or makeshift wiring, outlets or fixture repairs.
(Ord. No. 2002.06, 5-30-02)
Sec.
21-34. Thermal environment.
(a) General
provision. Every rental housing unit
should contain safe heating and cooling facilities which are properly installed
and maintained in sound condition and capable of providing adequate heating and
cooling, appropriate for the climate, to assure a comfortable and healthy
living environment.
(b) Heating
requirements. Every rental housing
unit shall have heating, under the tenant's control, capable of safely heating
all habitable rooms, bathrooms and flush toilet rooms located therein to a
temperature of at least seventy degrees (70º) Fahrenheit at a distance three
(3) feet above floor level in the center of the room. Required heating shall be provided by
permanently installed heating facilities.
(c) Cooling
requirements. Every rental housing
unit shall have cooling, under the tenant's control, capable of safely cooling
all habitable rooms, bathrooms and flush toilet rooms located therein to a
temperature no greater than eighty-eight degrees (88º) Fahrenheit, if cooled by
evaporative cooling, or eighty-two degrees (82º) Fahrenheit, if cooled by air
conditioning. Temperature measurements
shall be taken at a distance three (3) feet above floor level in the center of
the room. Required cooling shall be
provided by permanently installed cooling facilities. Except that those air conditioning facilities
serving more than one rental housing unit shall only be required to be designed
and operating in conformance with manufacturer's specifications.
(d) Unvented
combustion heaters; prohibited. No
owner, agent or manager shall provide, install or allow to be installed or used
any unvented portable space heaters burning solid, liquid or gaseous fuels.
(e) Cooking
appliances as heaters; prohibited.
No owner, agent or manager shall allow the use of any ovens, stoves or
ranges, or other cooking appliances for the purpose of heating any portion of a
dwelling.
(Ord. No. 2002.06, 5-30-02)
Sec. 21-35.
Doors; windows; ventilation.
(a) General
provision. Every rental housing unit
should have doors and windows which provide adequate natural light and
ventilation to permit normal indoor activities and at the same time support the
health and safety of the occupants while providing protection from the elements
and privacy for the occupants.
(b) Habitable
rooms; natural light. Every
habitable room within a rental housing unit shall have at least one exterior
glazed opening, facing directly to the outside, to provide natural light. The total glazed area for each habitable room
shall be not less than ten (10) square feet.
Kitchens and kitchen areas shall not be required to meet the glazed
exterior opening requirement.
(c) Habitable
rooms; ventilation. Every habitable
room within a rental housing unit shall have at least one openable exterior
opening, vented directly to the outside air, to provide natural ventilation.
The total area of openable venting for each habitable room shall be not less
than five (5) square feet. Habitable
rooms, except those used for sleeping, shall not be required to meet the
openable exterior opening requirement if
mechanical ventilation is provided.
Kitchens and kitchen areas shall not be required to meet the openable
exterior opening requirement if mechanical ventilation is provided.
(d) Other
rooms; ventilation. Every bathroom,
flush toilet room and laundry room shall have at least one openable exterior
opening, vented directly to the outside air, to provide natural
ventilation. The total area of openable
venting shall be not less than one and one-half (1½) square feet. Bathrooms, flush toilet rooms and laundry
rooms shall not be required to meet the openable exterior opening requirement
if mechanical ventilation is provided.
(e) Screened
openings. Any rental housing unit
which is cooled by evaporative cooling and is not equipped with upducts or
other similar venting, shall have at least one openable exterior opening which
is screened. All required screens shall
be free from tears, holes or imperfections of the frame that could admit
insects and other vermin detrimental to the health of the occupants. Any screens which are provided by the owner,
agent or manager shall be maintained in sound condition and in good working
order.
(f) Glazing. Glazed areas shall be soundly glazed and free
from missing, loose, cracked or broken glass that is likely to injure a person,
allows the elements or vermin to enter the structure, allows air escape or
infiltration, or otherwise diminishes the thermal efficiency of the structure.
(g) Windows. Windows shall be maintained in sound
condition. Exterior windows shall fit
the window openings and shall be properly sealed or weatherstripped in a manner
that prevents the entrance of the elements or vermin or excessive air escape or
infiltration. The fit of exterior
windows shall not otherwise diminish the thermal efficiency of the
structure.
(h) Exterior
doors. Exterior doors leading into
rental housing units shall fit the door openings and shall also be
weatherstripped in a manner that prevents the entrance of the elements or
vermin or excessive air escape or infiltration.
The fit of exterior doors shall not otherwise diminish the thermal
efficiency of the structure. Exterior doors,
garage doors, door hardware and door frames shall be maintained in sound
condition and capable of the use intended by their design. Any
hollow core or solid core doors leading into rental housing units which
are replaced after the effective date of this code, shall be replaced with
solid core or metal wrapped doors that have a sound transmission rating at
least equal to the rating of the door being replaced.
(i) Interior
doors. Interior doors, door hardware
and door frames shall be maintained in sound condition free from holes, breaks
or cracks and capable of the use intended by their design. They shall also be
capable of affording privacy to the occupants.
(Ord. No. 2002.06, 5-30-02; Ord. No.
2007.80, 12-13-07)
Sec. 21-36.
Space and occupancy.
(a) General
provision. Every rental housing unit
should have sufficient access and space to allow for adequate living and
sleeping conditions while providing for the occupant's health, safety, privacy
and general welfare.
(b) Floor
area; rental housing unit. Every
rental housing unit shall have at least two hundred twenty (220) square feet of
total room area and shall contain at least one common room having not less than
one hundred twenty (120) square feet.
(c) Floor
area; habitable room. Every
habitable room, except a kitchen, shall have not less than seventy (70) square
feet of habitable room area and shall not be less than seven (7) feet in any
dimension.
(d) Occupancy
load; sleeping room. Every rental
housing unit shall contain at least one bedroom or living/sleeping room of
appropriate size for each two (2) persons.
Every room occupied for sleeping purposes by one person shall contain at
least seventy (70) square feet of habitable room area and every room occupied
for sleeping purposes by two (2) people shall contain at least fifty (50)
square feet of habitable room area for each person.
(e) Occupancy
load; rental housing unit. Every
rental housing unit shall provide at least two hundred twenty (220) square feet
of floor area for the first two (2) occupants and one hundred (100) square feet
of floor area for each additional occupant.
The floor area is to be calculated on the basis of total dwelling unit
area.
(f) Bedroom
access. In any rental housing unit
that has more than one bedroom, access to any bedroom shall not be through
another bedroom or a bathroom.
(g) Bathroom
access. In any rental housing unit,
the occupants of each bedroom must have access to a bathroom without going
through another bedroom.
(h) Interior
access. In any rental housing unit,
access to bedrooms and bathrooms shall be from within the unit.
(Ord. No. 2002.06, 5-30-02)
Sec. 21-37.
Safety and security.
(a) General
provision. Every rental housing unit
should have security devices which restrict unlawful entry, smoke detectors to provide
fire safety and should be maintained free from hazards to the health, safety or
welfare of the occupants.
(b) Stairway;
tripping hazard. Every inside and
outside stairway shall be maintained in sound condition and free from any
broken, rotted or missing steps or tripping hazards.
(c) Stairway;
handrail. Every inside and outside
stairway which contains four (4) or more risers shall be provided with a
handrail in sound condition securely fastened to a wall or balusters.
(d) Stairway;
guardrail and enclosures. Every
stairway which exceeds thirty (30) inches in height shall be protected by a
guardrail and enclosure material in sound condition. The openings in the enclosure material shall
be of a size to prohibit a spherical object seven (7) inches in diameter from
passing through or under.
(e) Balcony
and porch; guardrail and enclosures.
Every balcony or porch higher than thirty (30) inches above the ground
shall be protected by a guardrail and enclosure material in sound
condition. The openings in the enclosure
material shall be of a size to prohibit a spherical object seven (7) inches in
diameter from passing through or under.
(f) Locking
devices; exterior doors. Exterior
doors leading into rental housing units or tenant storage rooms, which are
reasonably accessible, shall have a locking device properly installed and in
sound condition capable of the use intended by its design. Specific
requirements are as follows:
(1) Swinging exterior doors leading into rental housing units shall
have dead bolt locks with a minimum one inch throw; and
(2) Sliding doors shall be provided with a locking device or devices
which prevent lifting or sliding of the locked door from the exterior of the
unit.
(g) Door
viewers. Every principal entrance
door shall be equipped with at least a one hundred sixty degree (160º)
eyeviewer. Principal entrance doors
which contain a window or have an adjacent window which allows a view of the
area directly in front of the door, shall not require an eyeviewer.
(h) Locking
devices; windows. Every openable
window reasonably accessible from the outside shall have a locking device or
devices properly installed and in sound condition capable of the use intended
by its design. Such devices shall
prevent opening, lifting or sliding of the locked window from the exterior of
the unit.
(i) Smoke
detectors. Smoke detectors shall be
installed in all existing rental housing units. The installation of smoke
detectors shall meet the requirements of the currently adopted building code. The owner shall be responsible for the
installation, replacing the battery annually (if battery operated) and
maintaining appropriate records of required smoke detectors. Upon termination of a tenancy in any rental
housing unit, the owner, owner's agent or manager shall insure that any
required smoke detectors are operational prior to reoccupancy of the unit.
(Ord. No. 2002.06, 5-30-02; Ord. No.
2007.80, 12-13-07)
Sec. 21-38.
Maintenance.
(a) General
provision. Every rental housing unit
interior and exterior should be maintained in a condition which provides the
occupants with protection from the elements, a safe and healthy living
environment and housing free from deterioration or slum-like conditions.
(b) Interior;
holes, cracks or breaks. Every
floor, interior wall and ceiling, cabinet and all appurtenances thereto shall
be kept in sound condition and free of holes, cracks or breaks that could
injure a person, admit or harbor insects or rodents, admit dampness or restrict
privacy. Every hole cut in floors, walls
or ceilings for the passage of plumbing fixtures or pipes shall be sealed to
prevent the passage of insects, rodents or vermin.
(c) Interior;
paint and plaster. Every floor,
interior wall and ceiling, cabinet and all appurtenances thereto shall be kept
free of any loose, cracked, scaling, chipping or peeling paint or plaster. All interior painted surfaces shall be
painted with paint which is lead free.
(d) Floor
coverings; tripping hazards. Floor
coverings that are torn or loose and located on a stairway or within three (3)
feet of a stairway shall be removed or repaired to prevent tripping. Tears in excess of six (6) inches and tears
or projections rising one-quarter (¼) inch or more above the floor surface in
any location present a tripping hazard and shall be repaired.
(e) Floor
coverings; deteriorated, unsafe, unsanitary. Floor coverings such as carpeting, tile,
linoleum and similar materials shall be repaired or replaced when the floor
covering is severely deteriorated or when the condition of the floor covering
creates an unsafe or unsanitary environment.
(f) Exterior;
weather tight, watertight and vermin proof.
Every foundation, roof and exterior wall shall be reasonably weather
tight, watertight and vermin proof and shall be kept in sound condition.
(g) Exterior;
deteriorated or slum-like. All
exposed exterior surfaces shall be maintained so as to be impervious to
moisture and weather elements and every rental housing unit shall be free of
broken, rotted, split or buckled exterior wall coverings or roof
coverings. All exposed exterior surfaces
shall not otherwise present a deteriorated or slum-like appearance and will
meet the specific requirements which follow:
(1) All exterior wood surfaces shall be protected from the elements
and from deterioration by paint or other protective treatment; except such wood
surfaces composed of wood that is naturally resistant to decay;
(2) All exterior painted surfaces shall be painted with paint that
is lead free and shall be free of loose, cracked, scaling, chipping or peeling
paint in such amounts as to present a deteriorated or slum-like appearance;
(3) Roof coverings shall be watertight and weather tight and shall
be free of broken, rotted, split, curled or missing roofing material in such
amounts as to present a deteriorated or slum-like appearance. All roofing
materials shall meet the requirements of the
(4) Replacement materials and paint used to repair or repaint
exterior surfaces of a rental housing unit shall be visually compatible with
the remainder of the materials and paint on the exterior of the unit.
(h) Landscaping. Every rental housing unit shall have
landscaping in all yard areas which are visible from a public street, alley or
sidewalk or a neighboring property. Such
landscaping shall be installed and maintained so as to enhance the appearance
and value of the property on which it is located and shall not present a deteriorated
or slum-like appearance.
(i) Exterior
areas; tripping hazards. Every
common area, sidewalk, driveway, parking lot and parking area of rental housing
units shall be free from holes, depressions or projections that are likely to
cause tripping or injury to a person or otherwise present a hazard.
(j) Inoperable
vehicles; common parking areas.
Common parking lots and parking areas, serving more than one rental
housing unit, shall be maintained free from the storage of abandoned, wrecked,
dismantled, unregistered or inoperable vehicles.
(k) Inoperable
vehicles; other areas. Parking areas
serving only one rental housing unit, shall be maintained free from the storage
of wrecked, dismantled or inoperable vehicles when such vehicles can be seen
from a public street or sidewalk or a neighboring property. It is an affirmative defense to a violation
of this subsection based on a wrecked, dismantled or inoperable vehicle, that
the vehicle was titled to a resident of the property, that the vehicle was
undergoing repair, and that the wrecked, dismantled or inoperable vehicle was
repaired and any evidence of the repairs was removed within fourteen (14) days
after the repair was begun.
(l) Swimming
pools; maintenance. All swimming
pools, architectural pools and spas shall be properly maintained so as not to
create a safety hazard, harbor insect infestation or create a deteriorated or
slum-like appearance.
(m) Stagnant
water. All premises shall be
maintained so as to prevent the accumulation of stagnant water when such water
causes a hazardous or unhealthy condition, becomes a breeding area for insects
or causes damage to foundation walls.
(n) Infestation. Every rental housing unit and premises shall
be kept free from insect, rodent or vermin infestation. Every rental housing unit and premises shall
be free from the presence or apparent evidence of insect or rodent infestation,
other noxious pests, nesting places and any other unsightly or unsanitary
accumulation which could harbor insects, rodents or other vermin.
(o) Maintenance
of facility and equipment. Every
supplied facility, piece of equipment or utility shall be so constructed,
installed and maintained that it will function safely and effectively and
remain in sound condition.
(p) Discontinuation
of services. No owner, agent or
manager shall cause any services, facilities, equipment or utilities which are
required under this code to be removed from, shut off or discontinued in any
occupied rental housing unit except for such temporary interruption as may be
necessary while actual repairs or alterations are in process.
(q) Responsibility
for maintenance. It shall be the
responsibility of the owner, agent and manager to provide for the interior and
exterior maintenance of the rental housing unit and premises.
(Ord. No. 2002.06, 5-30-02)
Secs.
21-39—21-40. Reserved.
ARTICLE
III. ADMINISTRATION AND ENFORCEMENT
Sec.
21-41. Commencement of action.
(a) The community development department is
assigned the primary responsibility of enforcing this chapter and is granted
the authority expressly and impliedly needed and necessary for enforcement.
(b) Nothing in this section shall preclude
employees of the community development department from seeking voluntary
compliance with the provisions of this chapter or from enforcing this chapter,
proactively or reactively, through warnings, notices to comply, or other such
devices designed to achieve compliance in the most efficient and effective
manner under the circumstances.
(c) The community development department is
authorized to recommend reasonable and necessary rules and regulations to carry
out the provisions of this article which shall be approved by resolution of the
city council.
(Ord. No. 2002.06, 5-30-02; Ord. No.
2005.18, 4-7-05)
Sec.
21-42. Remedies and penalties.
(a) Cumulative
remedies. The remedies herein are
cumulative when there are separate violations and the city may proceed under
one or more of such remedies when there is more than one violation. Remedies and penalties will be pursued by the
city in conformance with the rules and regulations adopted pursuant to this
chapter.
(b) Civil
sanction. Any person who causes,
permits, facilitates or aids or abets any violation of any provision of this
chapter or who fails to perform any act or duty required by this chapter is
subject to a civil sanction as enumerated in the fine schedule adopted by the
city council. In no circumstances shall
the fine be less than the current fine schedule and total fines shall not
exceed two thousand dollars ($2,000) per day for each property. In addition to the amount of the fine
imposed, there is imposed a default penalty in the amount of fifty dollars
($50) should the defendant fail to appear and answer for a violation of this
chapter within the time period stated on the citation or fails to appear at the
time and place set by the court for a matter arising under this chapter.
(c) Criminal
misdemeanor. Notwithstanding the
provisions of subsection (b) above, any person who causes, permits, facilitates
or aids or abets any violation of any provision of this chapter or who fails to
perform any act or duty required by this chapter is guilty of a class 1
misdemeanor. The city prosecutor is
authorized to file a criminal misdemeanor complaint in the Tempe Municipal
Court for violation of this chapter. The
rental agent or property manager may avoid criminal liability by forwarding a
copy of the notice to comply to the owner if it is sent by certified mail/return
receipt requested within two (2) days of receiving the notice to comply.
(d) Separate
offenses. Each day any violation of
any provision of this chapter or the failure to perform any act or duty
required by this chapter exists, shall constitute a separate violation or
offense.
(e) Property
owner. For the purpose of
enforcement of this chapter, the owner of record, as recorded by the Maricopa
County Recorder's office, of the property upon which the violation exists,
shall be presumed to be a person having lawful control over the property. If more than one person shall be recorded as
the owner of the property, said persons shall be jointly and severally presumed
to be persons having lawful control over the property. This presumption shall not prevent
enforcement of the provisions of article II against any person specified in
subsection (b) or (c) of this section.
(f) Abatement. In addition to any other sanction or penalty
authorized under subsection (b) or (c) of this section, the designated hearing
officer may issue an order directing the owner, occupant, rental agent,
property manager or responsible person to abate the violation or authorize the
city to abate the condition giving rise to the violation. The costs of such abatement shall be the
responsibility of the owner of the property where the violation occurred and
may be collected as a lien against the property found to be in violation.
(Ord. No. 2002.06, 5-30-02; Ord. No.
2007.80, 12-13-07)
Sec. 21-43.
Notice to comply.
(a) Notification. If the city finds a violation of this
chapter, in the first instance, in any given twelve (12) month period, the city
shall notify the responsible person through the issuance of a notice to comply.
(b) Contents
of notification. A notice to comply
issued pursuant to this code shall include:
(1) Identification of the property in
violation;
(2) Statement of violation in sufficient detail to allow the owner,
occupant, rental agent, property manager or responsible person to identify and
correct the problem;
(3) Compliance date which shall be a reasonable time period as
determined by the inspector or adopted by resolution of the city council;
(4) Name and phone number of the inspector;
(5) Criminal and civil penalties for failing to correct the
violation; and
(6) City authority to abate the violation should the owner neglect,
fail or refuse to correct the violation within thirty (30) days and to assess a
lien against the property for the cost of abatement.
(c)
Service of notice.
The notice to comply may be served and shall be deemed proper and
complete by any of the following methods:
(1) Delivered in person to the owner, occupant, manager or agent of
the premises where the violation has occurred, or to the person responsible for
the violation;
(2) Posted on or about the entrance of the premises where the
violation occurred;
(3) By first class mail, postage prepaid, addressed to the owner,
occupant, agent, manager or responsible person at the last known address. Service by mail is deemed complete upon
deposit in the
(4) Serving the owner, occupant, agent, manager or responsible
person in the same manner as provided by the Arizona Rules of Civil Procedure.
(d) Additional
notice; notice not required. Nothing
herein shall preclude the city from giving additional verbal or written notice
at its discretion but it is not obligated to notify the same person as to a
second (or additional) violation which has been the subject of a notice to
comply within the previous twelve (12) month period. If the city does elect to give any additional
notice in any instance, it shall not thereby become obligated to give such
additional notice thereafter in the same or other situations. Nothing in this section shall require the
issuance of a second notice to comply within twelve (12) months prior to
commencement of civil or criminal violation proceedings.
(e) Notification–habitual
offender. Complaints on properties
owned by habitual offenders will proceed through an expedited process. The expedited process applies to any person
who meets the definition of habitual offender, whether or not the person has
been convicted under § 21-4(b). Habitual
offenders are not entitled to a time period to cure infractions or other
written or formal notice of violations.
Upon discovering that a property is owned by a habitual offender, the
code inspector may:
(1) Initiate court or abatement action without providing written or
formal notice to the responsible party;
(2) Issue a formal notice of violation or civil infraction citation,
including notification that the responsible party has been deemed a habitual
offender; or
(3) Initiate abatement action or criminal
proceedings against the responsible party.
(Ord. No. 2002.06, 5-30-02; Ord. No.
2007.80, 12-13-07)
Sec.
21-44. Jurisdiction.
Unless
otherwise specified, the Municipal Court of the City of
(Ord. No. 2002.06, 5-30-02)
Sec.
21-45. Transfer of property after
notice.
(a) Written
assumption of responsibility. The
transfer of any or all property interest in any manner, including but not
limited to, the sale, trade, lease, gift or assignment of any real property
against which a notice to comply has been issued or allegations of violations
have been filed with the court shall not relieve the parties unless the legal
entity assuming interest in such property, in writing, assumes responsibility
for compliance with the notice to comply or alleged violations and a copy of
such writing is presented to the city.
(b) Criminal
violation. Any legal entity, real or
statutory, who transfers the ownership interest in real property, against which
a notice to comply has been issued or allegations of violations have been filed
with the court, shall be guilty of a class 1 misdemeanor unless they have
obtained a written acceptance of responsibility for compliance with the notice
or court action from the new owner.
(Ord. No. 2002.06, 5-30-02)
Sec.
21-46. Vacation of tenants; reoccupancy.
(a) Comply
even if vacated. An owner, agent or
manager served with a notice to comply or enforcement proceeding for violations
of article II of this chapter shall not be relieved from responsibility to comply
because the tenant(s) have vacated the rental housing unit.
(b) Compliance
before reoccupancy. The owner, agent
or manager of a rental housing unit shall not lease, rent or otherwise make
available for occupancy by tenants any unit against which a notice to comply
has been issued or an enforcement action has been instituted until the
violations contained in the notice to comply or enforcement proceeding have
been corrected.
(Ord. No. 2002.06, 5-30-02)
Sec. 21-47.
Commencement of civil action.
(a) After issuing a notice to comply and if the
violation(s) is not corrected within the designated time, the community
development manager or designee is authorized to commence a civil action under
this chapter by issuing a citation to the occupant of the property where the
violation has occurred, the owner, agent or manager of record, or any person
responsible for the violation.
(b) The citation form will be substantially in
the same form as the
(c) Service
of citation. The citation shall be
served by delivering a copy to the defendant by any of the following means:
(1) By service upon the defendant;
(2) By posting the citation on the property where the violation has
occurred or upon the property of the person responsible for the property where the
violation has occurred;
(3) By first class mail, postage prepaid, addressed to the defendant
at the last known address. Service by
mail is deemed complete upon deposit in the
(4) By any of the methods described in Rules 4, 4.1 or 4.2,
(d) Default. The citation shall state that if the
defendant fails to appear within the time specified, and either pay the fine
for the violation or request a hearing, judgment by default will be entered in
the amount of the fine designated on the citation for the violation charged
plus a penalty amount as established by this chapter for the defendant's
failure to appear.
(Ord. No. 2002.06, 5-30-02; Ord. No.
2005.18, 4-7-05)
Sec.
21-48. Appearance or payment by mail.
(a) The defendant shall, within fourteen (14)
days of the issuance of the citation, appear in person or through his attorney
in the Tempe Municipal Court, and shall either admit or deny the allegations
contained in the citation, or defendant may proceed as provided in subsection
(b) below. If the defendant admits the
allegations, the court shall immediately enter judgment against the defendant
in the amount of the fine for the violation charged as set by this
chapter. If the defendant denies the
allegations contained in the citation, the court shall set a date for a hearing
on the matter.
(b) The defendant may admit the allegation in
the citation and pay the fine indicated by mailing the citation together with a
check for the amount of the fine to and made payable to the Tempe Municipal
Court. Appearance by mail will be deemed
complete by the postmarked date on the mailing.
(c) Any defendant who appears in the Tempe
Municipal Court and denies the allegations as provided in subsection (a) above
shall be deemed to have waived any objection to service of the citation, unless
such objection is affirmatively raised by the defendant at the time of the
first appearance in relation to the citation.
(Ord. No. 2002.06, 5-30-02)
Sec. 21-49.
Default judgment.
If
the defendant fails to appear as directed on the citation, the court, upon
request of the community development manager or designee, shall enter a default
judgment for the amount of the fine indicated for the violation charged,
together with a penalty for the defendant's failure to appear as established by
this chapter. If a defendant fails to appear
at a hearing, the court may enter judgment against the nonappearing defendant
for the amount of the fine plus a penalty for failure to appear as established
by this chapter. No judgment may be
entered against a fictitiously identified defendant, unless the citation is
amended to reflect the true identity of the defendant who received the
citation.
(Ord. No. 2002.06, 5-30-02; Ord. No.
2005.18, 4-7-05)
Sec.
21-50. Rules of procedure for civil
citations.
The
Arizona Rules of Procedure in Civil Traffic Violation Cases may be followed by the
Tempe Municipal Court for civil citations issued pursuant to this code except
as modified or where inconsistent with the provisions for this code or as
modified or established for use by the Arizona Supreme Court for the Tempe
Municipal Court.
(Ord. No. 2002.06, 5-30-02)
Sec. 21-51.
Collection of civil sanction, reinspection fees.
(a) The court may enforce collection of
delinquent fines, fees and penalties as may be provided by law. In addition, any judgment for a civil
sanction imposed pursuant to this code shall constitute a lien against the real
property of the owner of the rental housing unit where the violation
occurred. The lien may be perfected by
recording a copy of the judgment under seal of the City of
(b) Any person who neglects, fails or refuses
to correct the violations contained within a notice to comply or other similar
device issued pursuant to this chapter may be assessed a reinspection fee for
inspections which occur after the compliance date. The fee for these reinspections shall be set
by resolution of the city council.
Failure to pay reinspection fees within fourteen (14) days of assessment
is a violation of this section.
Reinspection fees may be collected as a lien against the real property
where the violation occurred in accordance with § 21‑53.
(Ord. No. 2002.06, 5-30-02)
Sec.
21-52. Interference with enforcement,
abatement.
Any person who interferes with, prevents, or attempts to interfere with or prevent an individual employed by the city or other person contracted for by the city, from investigating an alleged violation of this chapter, or from correcting or abating a violation of this chapter is guilty of a Class 1 misdemeanor.
(Ord. No. 2002.06, 5-30-02)
Sec.
21-53. Abatement.
(a) Hearing
Officer authorized. When a person is
served with a notice to abate in accordance with A.R.S. § 9-499 to comply
with the provisions of this code concerning matters within the scope of A.R.S.
§ 9-499 and neglects, fails or refuses to abate a violation for more than
thirty (30) days from the effective date of the notice, the designated hearing
officer shall hold an administrative hearing pursuant to the notice regarding
whether an order should be entered authorizing the community development
manager or designee to abate any condition that constitutes a violation. The hearing officer, after the hearing (or
time for hearing should the person fail to appear) shall enter such rulings and
orders which it determines to be appropriate including an order authorizing the
city to abate the condition, including the authorization of multiple abatements
for a period not to exceed one hundred eighty (180) days from the previous
abatement order.
(b) Appeals. Any person aggrieved by a decision of the
designated hearing officer may appeal to the city’s board of adjustment.
(c) Statement of abatement expenses. The community development manager or designee,
when so directed by the designated hearing officer to abate a violation of this
code, shall prepare a verified statement and account of all expenses incurred
by the city and file such verified statement and account with the designated
hearing officer. The verified statement
and account shall include the actual cost of such removal or abatement together
with an administration charge as set by the city council by motion or
resolution (Appendix A) with the cost of recording liens and releases thereof.
(d) Collection
of abatement expenses. The person
against whom the abatement order is issued shall have 15 days from the date of
delivery or mailing of the statement of abatement expenses to pay. If the person fails to pay within the
specified time period, the city manager or his designee shall prepare a
duplicate copy of the statement and account as a notice of lien and record one
copy with the office of the Maricopa County Recorder and within ten (10) days
thereafter serve the remaining copy of such notice of lien upon the owner of
the property liened in accordance with A.R.S. § 9-499. The recorded lien shall bear interest at the
legal rate for judgments in the State of
(e) Exemption. The provisions of this section shall not
apply to violations of article I, § 21-4 of this chapter.
(Ord. No. 2002.06, 5-30-02; Ord. No.
2005.18, 4-7-05; Ord. No. 2007.80, 12-13-07)
Sec.
21-54. Conflict of ordinances.
In
any case where a provision of this code is found to be in conflict with a
provision of any zoning, building, fire, safety, or health ordinance or code of
the city, existing on the effective date of this code, the provision which
establishes the higher standard for the promotion and protection of the health
and safety of the community shall prevail.
(Ord. No. 2002.06, 5-30-02)
Sec.
21-55. Recording a violation.
The
city may record a notice of violation with the county recorder. A recorded notice of violation shall run with
the land. Failure to record a notice of
violation shall not affect the validity of the notice as to persons who receive
the notice. When the property is brought
into compliance, a satisfaction of notice of violation shall be filed at the
request of the owner or responsible party at the requestor's expense.
(Ord. No. 2002.06, 5-30-02)
[1]Editor's note—Ch. 21, Art. I, Nuisances, was rewritten and
renumbered in its entirety (Ord. No. 99.35).
Prior ordinances were Ord. No. 87.16, 4-20-87; Ord. No. 87.31, 7-23-87;
Ord. No. 88.22, 4-14-88; Ord. No. 89.65, 1-11-90; Ord. No. 93.14, 5-13-93; Ord.
No. 93.42, 1-13-94.
[2]Editor’s note—Ch. 22, Art. VII, Rental housing code, §§
22-110 through 22-170 were incorporated into this article. Prior ordinances were Ord. No. 98.01, 1-8-98
and Ord. No. 2001.17, 7-26-01.