Attachment A - Chapter 39 City Code.pdf

ATTACHMENT A 
 
Chapter 39 Revisions  
39-3 Definitions. 
Acceptable evidence of majority: "Acceptable evidence of majority" means: 
1. An unexpired driver’s license issued by any state, provided such license 
includes a picture of the licensee; 
2. An identification license issued pursuant to A.R.S. § 28-3165, as and if 
amended; 
3. An armed forces identification card; or 
4. A valid unexpired passport which is issued by a government and which 
contains a photograph of the person and the date of birth. 
 
Accumulation of inoperable vehicles: Two or more inoperable vehicles upon a 
residential lot, or upon a commercial or industrial lot where the primary business does 
not involve the service of vehicles or the storage of inoperable vehicles. 
 
Agent: A natural person residing within Maricopa County authorized to make or order 
repairs, service to units and receive notices. 
 
Architectural pool: A constructed or excavated exterior area designed to contain a 
regular supply of water, other than a swimming pool. 
 
Blight or blighted: Unsightly conditions including accumulation of debris; fences 
characterized by holes, breaks, rot, crumbling, cracking, peeling or rusting; landscaping 
that is dead, characterized by uncontrolled growth or lack of maintenance, or is 
damaged; any other similar conditions of disrepair and deterioration; and the exterior 
visible use or display of tarps, plastic sheeting, or other similar materials as flexible or 
inflexible screening, fencing, or wall covering upon a residential lot; regardless of the 
condition of other properties in the neighborhood. 
 
Broad-tipped indelible marker: Any felt-tip marker, or similar implement, which contains 
a fluid which is not water soluble and which has a flat or angled writing surface one-half 
inch or greater. 
 
Building: Any structure designed for occupancy including mobile homes, manufactured 
homes, factory-built buildings, and like property for which taxes may be assessed.

Curb line: The edge of a roadway whether marked by a curb or not. 
 
Debris: Substance of little or no apparent economic value, which may be present in 
accumulations in excess of six inches in height and ten inches in diameter, including, 
but not limited to, deteriorated lumber, old newspapers, furniture parts, stoves, sinks, 
cabinets, household fixtures, refrigerators, car parts, abandoned, broken or neglected 
equipment, or the scattered remains of items. 
 
Deterioration: A lowering in quality of the condition or appearance of a building, 
structure or parts thereof characterized by holes, breaks, rot, crumbling, cracking, 
peeling, rusting or any other evidence of physical decay or neglect or excessive use or 
lack of maintenance. 
 
Dustproof: A lot or area maintained by paving with one of the following methods: 
asphaltic concrete, cement concrete, penetration treatment of bituminous material and 
seal coat of bituminous binder and a mineral aggregate, or the equivalent as approved 
by the Zoning Administrator. A lot or area that encompasses all or part of a residential lot 
which contains one single-family or duplex residential unit is also dustproof if covered by 
a smooth layer of crushed rock or gravel no smaller than one-quarter-inch and no longer 
than three-quarters-inch maintained to a minimum depth of two inches and contained 
within a permanent border or by an alternative surface treatment as approved by the 
Zoning Administrator that will equal or exceed the dustproof characteristics of the above 
listed alternatives. 
 
Dwelling: Any building or a portion thereof which is intended, or designated to be built, 
used, rented, leased, let, or hired out for human occupancy, or which is occupied by a 
human being. 
 
Dwelling unit: A dwelling unit is: 
1. A single unit providing independent living facilities for one or more persons 
including permanent provisions for living, sleeping, eating, cooking and 
sanitation. 
2. One or more rooms within a building arranged, designed, or used for 
residential purposes for one family and containing independent sanitary and 
cooking facilities. The presence of cooking facilities conclusively establishes the 
intent to use for residential purposes. 
 
Etch: To permanently alter a surface by use of an etching solution or implement.

Etching implement: Tool, instrument, product, solution or substance capable of being 
used to etch a surface. 
 
Etching solution: Any product or compound manufactured for the purpose of 
permanently altering a glass or other surface. 
 
Excavation: A swimming pool, architectural pool, pond, shaft, test hole, well, pit, trench, 
or other condition resulting from the removal or absence of earthen material resulting in 
a cavity or opening that is more than four inches (102 mm) in any lateral dimension and 
more than three feet (914 mm) in depth, excluding active sand or gravel mines being 
operated in compliance with City and State laws. 
 
Exterior opening: An open or closed window, door, or passage between interior and 
exterior spaces. 
 
Facilities/building service and equipment: Plumbing, piping and/or fixtures that convey 
or dispose of liquid or waste, electric wiring, components or fixtures, mechanical 
heat/cooling equipment, ductwork or fixtures. 
 
Fences, screen walls and/or retaining walls: Self-standing structures, including gates 
and other structures, designed to provide privacy, semi-privacy, security or bank 
retention between grade separations. 
 
Final inspection: An inspection of a property conducted pursuant to this chapter where 
all violations of this chapter previously identified to the owner or responsible party have 
been corrected, as determined by the City. 
 
Garbage: Swill, offal, and any accumulation of spoiled, partially or fully decomposed, 
rotting or discarded animal, vegetable or other matter that attends the preparation, 
handling, consumption, storage or decay of plant and animal matter including meats, 
fish, fowl, buds, fruits, vegetable or dairy products and their waste wrappers or 
containers. 
 
Graffiti: Initials, slogans, designs or drawings, written, spray-painted, etched or sketched 
or otherwise applied on a sidewalk, wall, building, fence, sign, or any other structure or 
surface without consent of the owner and visible from a public right-of-way.

Hazard: Any condition that presents a risk to the safety of any person or adversely 
affects or jeopardizes the health or well-being of any person or endangers property. 
Such conditions include, but are not limited to, occupancy without adequate water or 
sanitation facilities, accumulation of human or animal waste, presence of medical or 
biological waste, sharps, gaseous or combustible materials, radioactive waste, 
dangerous or corrosive chemicals or liquids, flammable or explosive materials, friable 
asbestos, offal or decay matter. 
 
Hazardous waste: Any chemical, compound, mixture, substance or article which is 
identified or listed by the United States Environmental Protection Agency or appropriate 
agency of the State to be "hazardous waste" as defined in 40 Code of Federal 
Regulations Sections 261.1 through 261.33, as and if amended, except that, for 
purposes of this chapter hazardous waste shall include household waste as defined 
in 40 Code of Federal Regulations Section 261.4.B.1. 
 
Heated water: Water at a temperature of not less than 110 degrees Fahrenheit (43 
degrees Celsius). 
 
IMMEDIATELY ABUTTING RIGHT OF WAY: MEANS ANY RIGHT OF WAY 
DIRECTLY TOUCHING AND HAVING COMMON BOUNDARIES WITH THE 
SUBJECT PROPERTY. 
 
Imminent hazard: A hazard on or condition of real property that creates an immediate or 
unreasonable risk of death or injury to any person or an immediate or unreasonable risk 
of loss of or damage to property. 
 
Incipient hazard: A hazard on or condition of real property that may become an 
imminent hazard upon further deterioration or worsening of the hazard or condition, and 
such deterioration or worsening is probable. 
 
Infestation: The apparent presence of unpleasant, damaging, or unhealthful insects, 
rodents, reptiles or pests. 
 
Initial inspection: The first inspection of a specific property conducted pursuant to this 
chapter, other than inspections requested by the owner or responsible party. 
 
Inoperable vehicle: A vehicle physically incapable of operation or a vehicle which 
exhibits one or more of the following conditions: wrecked, partially or fully dismantled, 
abandoned, stripped, substantially damaged, inoperative, scrapped, having the status of

a hulk or shell, discarded, tires that cause the rim of the wheel to rest on the tire tread or 
the ground, rotted, deteriorated or unable to hold air, or unable to be safely operated. 
 
Litter: Decaying or non-decaying solid and semi-solid wastes, including but not limited to 
both combustible and noncombustible wastes, such as paper, trash, cardboard, waste 
material, cans, yard clippings, wood, glass, bedding, debris, scrap paving material, 
discarded appliances, discarded furniture, dry vegetation, weeds, dead trees and 
branches, vegetation and trees which may harbor insect or rodent infestations or may 
become a fire hazard, piles of earth mixed with any of the above or any foreign objects, 
including inoperable vehicles. 
 
Major appliances: Any stove, cooktop, range, oven, refrigerator, clothing washer, 
clothing dryer, dishwasher, swimming pool filter, or any device which is designed to 
utilize natural gas from a public utility or to utilize a 220-volt electrical circuit. 
 
Occupant: A person, persons or legal entity that, through rights of ownership or tenancy, 
has possession or the use and enjoyment of the subject real property. 
 
Owner: A person, persons or legal entity listed as current title holder as recorded in the 
official records of Maricopa County Recorder’s office. 
 
Owner’s agent: A statutory agent designated pursuant to A.R.S. § 33-1902 as and if 
amended. 
 
Physical force: Force used upon or directed toward the body of another person and may 
include confinement. 
 
Pond: An in-ground body of water that is at least 18 inches deep and eight feet or 
greater in any dimension. This does not apply to City-approved retention basins or other 
like conditions. 
 
Residential: Single and multiple dwellings, such as hotels, motels, dormitories, and 
mobile homes. 
 
Residential rental property: Property that is used solely as leased or rented property for 
residential purposes. If the property is a space rental mobile home park, residential 
rental property includes the rental space that is leased or rented by the owner of that 
rental space but does not include the mobile home or recreational vehicle that serves as

the actual dwelling if the dwelling is owned and occupied by the tenant of the rental 
space and not by the owner of the rental space. 
 
Responsible party: An occupant, lessor, lessee, manager, licensee, or other person 
having control over a structure or parcel of land; and in the case where the demolition of 
a structure is proposed as a means of abatement, any lienholder whose lien interest is 
recorded in the official records of the Maricopa County Recorder’s Office. 
 
Rubble: Broken solid surface fragments usually resulting from the decay or deterioration 
of a building; miscellaneous mass of broken or apparently worthless materials. 
 
Screened area—Exterior: An area separated by a permanent non-flexible device to 
completely conceal one element of a property from other elements or from adjacent or 
contiguous property. Examples include but are not limited to fencing six feet in height 
that is made from solid wood, brick or chain link with opaque slats. 
 
Single room occupancy: A unit for occupancy by a single individual capable of 
independent living which does not contain installed sanitary facilities or food preparation 
capabilities. 
 
Smoke detector: An approved detector which senses visible or invisible particles of 
combustion. The detector shall bear a label or other identification issued by an 
approved testing agency having a service for inspection of workmanship and material at 
the factory during fabrication and assembly. 
 
Solidified paint marker: A device that contains paint or other substance in a solid or 
semi-solid form and releases the paint or other substance in a manner capable of 
marking surfaces. 
 
Sound condition: Able to support itself under reasonable loading or weather conditions, 
free from decay or defect. 
 
Structure: That which is built or constructed, an edifice or building of any kind or any 
piece of work artificially built up or composed of parts joined together in some definite 
manner. 
 
Swimming pool: Artificial basin, chamber, or tank constructed and used, or designed to 
be used, for swimming, diving or bathing or wading.

Unimproved land: Land that has either never been developed or was formerly 
developed but has now been cleared of all buildings or structures. 
 
Unsecured structure: Any structure that is vacant with a damaged or open door, window, 
or other opening not secured in accordance with City standards to prevent unauthorized 
entry. 
 
Vacant: Unoccupied or illegally occupied. 
 
Vacant structure: An unoccupied or an illegally occupied structure or an occupied 
structure without adequate facilities/utilities. 
 
Vegetation: Plant life of any kind. 
 
Weeds: A useless and troublesome plant generally accepted as having no value and 
frequently of uncontrolled growth. 
 
Yard: A space on any lot, unoccupied by a fully enclosed structure including but not 
limited to carports and porches. 
 
 
 
39-6 Building and structure exteriors.   
 
A. Exterior surfaces. All exposed exterior surfaces, windows and doors shall be 
maintained so as to be free of deterioration that is a threat to health and safety, 
impervious to moisture and weather elements, or shall not otherwise present a 
deteriorated or blighted appearance. Windows, doors, locks on doors, and hinges must 
be present and installed properly. These items must be free from deterioration or 
blighting conditions. Any temporary securement of vacant structures must be done in 
accordance with City specifications. 
Examples of such deterioration and blight include but are not limited to: 
1. Improperly anchored canopies, metal awnings, stairways, exhaust ducts, and 
overhead extensions; 
2. Chimneys that are structurally unsafe; 
3. Exterior windows and doors that are not fitted securely in their frames and are 
not substantially weathertight or have inoperable locks;

4. Paint that is deteriorated, indicated by peeling, flaking, cracked, blistering or 
mildew, resulting in exposed, bare unprotected surfaces; 
5. Window screening, if present, shall be maintained in good condition; 
6. Boarded window or door openings on an occupied structure; 
7. Secured window or door openings on an unoccupied structure for more than 
90 days requires polycarbonate material securement specifications on all 
openings visible from the street. 
B. Fences, screen walls, and retaining walls. All fences, screen walls, and retaining 
walls on the premises OR IMMEDIATELY ABUTTING RIGHT OF WAY shall be safe, 
structurally sound and uniform or compatible in color and structure; they shall be 
maintained so that they do not constitute a hazard, blight or condition of disrepair. 
Examples of hazards, blight or conditions of disrepair include but are not limited to, 
leaning fences or walls, fences or walls that are missing slats or blocks, that exhibit rot, 
damage, graffiti, peeling paint, or deterioration of paint or materials. 
C. Exterior insect, rodent and animal control. All premises shall be kept free from insect 
and rodent infestation and other noxious pests. This provision shall not require action to 
disturb the natural or cultivated activity of bees, rabbits, or other insects and animals 
where such activity is not a danger or nuisance to any resident or residents of the area, 
and where other applicable legal requirements are met. 
D. Drainage. 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 which is causing soil erosion or damage to foundation 
walls. This does not apply to City-approved retention basins or other similar conditions. 
This exemption is not operable when actual and probable danger exists due to neglect. 
E. Foundations, walls and roofs. Every foundation, exterior wall, roof and all other 
exterior surfaces shall be maintained in structurally sound and weathertight condition. 
The foundation elements shall adequately support the building at all points and shall 
also be free from deterioration. 
1. Foundation. The building foundation shall be maintained in a safe condition 
and be capable of supporting the load which normal use may place thereon. 
2. Exterior walls. The exterior walls shall be substantially weathertight, 
weatherproof, free from dry rot and mildew, and shall be maintained in sound 
condition and good repair so as to prevent infestation. All exterior surfaces, other 
than decay-resistant materials, shall be protected from the elements by painting 
or other protective covering according to manufacturer’s specifications. No lead-
based paint shall be used on any surface of any structure. 
3. Roofs. Roofs shall be maintained in a safe condition and have no defects 
which might admit rain or cause dampness in the walls or interior portion of the

building. Roofs shall be free from conditions that contribute to the deterioration of 
the structure or otherwise present a deteriorated or blighted appearance. 
4. Coolers and their apparatus. Coolers and their mounting apparatus shall be 
maintained in a condition free from excessive accumulation of scale, rust, 
corrosion or mineral deposits. Cooler stands or mounts shall be structurally 
sound. Unused, deteriorating and unattached evaporative coolers are to be 
removed from the structure. 
F. Outdoor stairs, porches, railings. All outdoor stairs, porches, and hand railings shall 
be adequate for safety. Every stair and porch shall be maintained so as to be safe and 
in structurally sound condition. The support for railings, stairs, and porches shall be 
structurally sound and adequate. Every stairway, stair, porch and any appendage 
thereto shall be maintained in safe condition and capable of supporting a load that 
normal use may place thereon. Required protective railing shall be located in the 
manner prescribed by the City of Phoenix Construction Code. Such handrails (or 
protective railings) shall be maintained in good condition and be capable of bearing 
normally imposed loads. 
G. Approved address numbers shall be provided for all new and existing buildings in 
such a manner as to be plainly visible and legible from the street or road fronting the 
property.