REVISED Attachment B - Code Enforcement Policy.pdf

City of Phoenix — Formal (2023-06-14)

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REVISED Attachment B – Proposed Revised Policy
Effective June 14, 2023
NEIGHBORHOOD
SERVICES
DEPARTMENT
CODE
ENFORCEMENT
POLICY
The Code Enforcement Policy,
adopted by the Phoenix City
Council, provides guidelines for
enforcement of the Neighborhood
Preservation Ordinance, Zoning
Ordinance and portions of other
codes and ordinances.

Effective May 31, 2023

Code Enforcement Policy

Effective June 14, 2023

Neighborhood Services Department Mission
To Preserve, Enhance and Engage Phoenix Neighborhoods

Report a code violation:
phoenix.gov/myPHX311
(602) 534-4444

Check the status of a code enforcement case:
nsdonline.phoenix.gov/CodeEnforcement
(602) 534-4444

For information about the Neighborhood
Preservation Code Compliance program:
phoenix.gov/nsd/programs/compliance

For a copy of this publication in an alternate format or for reasonable accommodations contact:
Neighborhood Services Department ADA Liaison,
200 W. Washington St., Phoenix, AZ 85003. Voice (602) 534-4444. TTY 711.
Esta información está disponible en español.

Effective May 31, 2023

Code Enforcement Policy
Statement of Intent
The Code Enforcement Policy is to be used to guide the efforts of the Neighborhood Services
Department to address violations of the City Code. To achieve compliance, it is the intent of the
department to lead with education, provide resources when hardships exist, and enforce when
necessary. Code enforcement is intended to be used to foster partnership with residents to support
the overall health, safety, and welfare of the City, and to protect neighborhoods against hazardous,
blighting, and deteriorating influences or conditions. Neighborhood Preservation Inspectors provide
excellent customer service and will operate with fairness, integrity, transparency, and consistent
professionalism while working to meet the department’s intent.

I.
Standard Code Enforcement
A.
Purpose
It is the intent of the city of Phoenix to promote the health, safety, and welfare of
the residents of Phoenix, Arizona. Part of this responsibility includes protecting
neighborhoods from blighting and deteriorating conditions that have a negative
impact on area property values and encourage social disorder and crime. This is
achieved through ordinances and by establishing a policy to guide enforcement of
the ordinances.

B.
Standard Enforcement Policy
City of Phoenix residents are encouraged and supported in their efforts to
maintain the physical environment of their neighborhoods through standards set in
local ordinances. To assist in this endeavor, the following code enforcement policy
has been established to guide the city in addressing properties with code
violations.

The following actions will be taken on properties where there has been no case history or
history of violations and/or previous enforcement action:

1. Inspection/Pre-notification

When a property complaint is received, the city will respond in the following
manner:

a. Immediate Inspections
If the alleged violation concerns a potential health or safety hazard to the
neighborhood or neighbors, inclusive of open/vacant buildings, fire and/or
health hazards, unsecured pools or other health and safety hazards, the city
will respond with an immediate inspection.

b. Pre-Notification Letter
If the alleged violation is not a potential health or safety hazard, if the property
is occupied and if a mailing address is available, the city will issue a pre-
notification letter to the owner/responsible parties notifying them that specific
complaints have been received and that an inspection will be conducted within

Effective May 31, 2023

Code Enforcement Policy
ten days. Information on the most common blighting violations will also be
included with the pre-notification letter.

2. Formal Notice of Ordinance Violation (NOV)

Except in cases involving health and safety violations, cases with previous
history of code violations, violations of a transient nature such as commercial
business violations, home occupation violations and violations involving
vendors, the responsible party or parties will be officially notified that a
violation has been discovered through an inspection and will be advised of
specific corrective action required. They will also be advised through this
process of what further action will be taken by the city if they do not comply. In
addition, owners/responsible parties will be advised of available appropriate
assistance as enumerated in Section IV.B. of this policy.

a. Timelines for NOV Reinspection
i. Standard – 15 days (minor violations)
ii. Standard – 35 days (significant cost to correct)
iii. Abatement – 35 days
iv. Hazard – 0 to 24 hours
v. Graffiti – 10 days
vi. Rental Registration – 10 days
vii. Illegal Signs - 5 days
viii. Mobile Vending – 0 to 15 days

The NOV will include an explanation that recidivists will receive only one
official notice for a violation and that future offenses of city ordinances may
result in legal action without issuance of further notices of ordinance violation.
Information on the most common blighting violations will also be included with
the NOV.

3. Civil Citation

Owners/responsible parties who fail to comply will be subject to the issuance
of a civil citation that will be adjudicated by a hearing officer/judge. In the case
of properties that are not owner occupied the following general guidelines will
apply:


In general, tenants/occupants will be held responsible for items concerning
routine maintenance and for personal property items.

In situations where tenants/occupants have failed to fulfill their responsibility for
compliance with city ordinances, owners/responsible parties may also be held
accountable.

In cases involving unoccupied properties, owners/ responsible parties will be
held accountable for all property conditions.

Effective May 31, 2023

Code Enforcement Policy
4. Criminal Complaint

Failure to comply with any of the preceding actions will be cause to proceed
with a criminal complaint.

5. City Abatement

The city, at its own discretion, may choose to directly abate and assess
(lien) for any and all violations that remain in non-compliance with city
ordinances or regulations.

6. Exceptions

Exceptions to the standard code enforcement policy are as follows:

Episodic Violations

a. An episodic violation is one that occurs intermittently, including violations
at Short Term Rentals. To effectively address episodic violations in an
expediated manner, the Neighborhood Services Department will deviate
from the standard enforcement process and proceed to an immediate
citation.

Violations include, but are not limited to, non-permitted events where the
owner has been notified but activity continues, such as unauthorized
parties that occur on commercial properties and events with outdoor
entertainment without the appropriate use permit.

II.
Recidivists Persons/Properties and Egregious Violations

A. Purpose
The recidivist process is designed to provide relief via an expedited enforcement
process for neighborhoods experiencing problems with residents who repeatedly
violate city ordinances and who have demonstrated an inability or unwillingness to
remain a good neighbor by maintaining their property.

B. Definition
A recidivist case is a newly opened case on a property involving the same responsible
party for the same violation or any of the common blight violations as specified in Section
III (B) (4) (a), where within the last 12 months, the responsible party has been issued a
Notice of Ordinance Violation and/or civil citation, and/or had criminal charges filed for,
and/or contractual abatement initiated.

An egregious violation is when the condition or state of a property is in an extreme
state of violation, which could present health and safety issues, or is beyond the
reasonable scenario where the owner may not be aware there is a violation.

Effective May 31, 2023

Code Enforcement Policy

If unusual or mitigating circumstances warrant, the City Manager or designee exempt
a responsible party from the recidivist designation. In such cases, the City Manager or
designee will seek input from the complainant, neighborhood associations or block
watches in the area, area residents or other staff, as appropriate, to assist in making a
determination.

C. Notification Policy
Cases with violation which have been determined to be recidivist or chronic recidivist
will not be issued a pre-notification letter or standard NOV, and will proceed
immediately to one of the following code enforcement actions based on the unique
facts of the case:


issue a NOV requiring the abatement of the violations

issue a civil citation

issue a criminal summons

III.
Inspection/Enforcement

A. Purpose
The Neighborhood Preservation Ordinance, Zoning Ordinance and other ordinances
and codes enforced by the Neighborhood Services Department are enforced on a
complaint basis. This is designed to encourage resident, neighborhood association,
block watch or other city department participation in the enforcement process. The
graffiti supplies non- access regulations (Section 39-10 D) of the Neighborhood
Preservation Ordinance and mobile vending regulations are enforced proactively.

Anonymous complaints will be accepted with the following exceptions: illegal
commercial business complaints; when past complaints for the same alleged violation
on the same property have been found to be invalid on three or more occasions; and
in situations when a street address is not provided. Complaints in these categories will
require that the complainant provide a name and contact phone number.

B. Exceptions

Exceptions to the complaint-based enforcement policy are as follows:

1. Active Neighborhood Fight Back Areas

The Neighborhood Fight Back Program is a resident mobilization effort that
provides a temporary increase in city services to assist in community
revitalization efforts. The increased services are targeted to reduce crime,
eliminate, or prevent blight and help restore or stabilize neighborhoods.

Deviation from the complaint-based enforcement process will take place at the
request of, and with the active support and cooperation of, area residents.

Effective May 31, 2023

Code Enforcement Policy

2. Neighborhood Initiative Areas

Combined with the city's long-standing commitment to improve distressed
areas, the Neighborhood Services Department is focusing resources for
concentrated and comprehensive revitalization in five Neighborhood Initiative
Areas. The concept is to concentrate resources, complete revitalization, then
move to other areas of need. The neighborhoods identified and selected
require a comprehensive approach for restoration and revitalization. Staff
works with residents so that success can be defined, and a strategy developed
to achieve it.

These and future designated NIAs will allow for non-complaint-based
inspections and enforcement.

3. Redevelopment Areas, Neighborhood Revitalization Areas, or other Target
Areas

The Neighborhood Services Department works with resident advisory
committees and neighborhood organizations in the city's designated
Redevelopment Areas and other Target Areas to eliminate blight and to
promote residential and commercial redevelopment and revitalization. In order
to support and complement redevelopment and revitalization efforts within the
designated redevelopment and Target Areas, systematic and non-complaint-
based code enforcement may be required.

At the request of Phoenix City Council members, certain Neighborhood
Revitalization Areas are designated by the Neighborhood Services
Department for neighborhood organization and revitalization activities. Based
upon the request of, and in partnership with, the neighborhood organization,
non- complaint-based code enforcement may be implemented in these areas.

4. Properties in the Immediate Area which are an Obvious Detriment or Blight

When an initial inspection is conducted, based on a complaint, the inspector
may:

a. Expand upon the initial complaint on the same property and determine
whether violations exist on the following items identified by City Council:


High weeds/grass or dead/dry bushes, trees, weeds and/or other
vegetation

Inoperable vehicles

Junk, litter and/or debris

Open/vacant buildings and structures

Effective May 31, 2023

Code Enforcement Policy

Outside storage

Fences in disrepair

Vehicles parked on a non-dust proofed surface or in non-permitted
areas of residential front or side yards

Graffiti

b. Inspect additional properties in the immediate area of the initial reported
violation
c. Limit the inspection to those items, which appeared as violations on the
initial property on which the complaint was received; and the items listed in
III (B)(4)(a).
d. Initiate appropriate enforcement action

5. Environmental, Imminent Hazard and/or Fire Safety Conditions

In order to maintain and protect neighborhoods from imminent hazards,
environmental hazards, fire hazards and other types of similar conditions that
may immediately endanger or place residents in peril, the city will summarily
inspect/abate any and all conditions which are discovered without benefit of
complaint.

6. Seamless Service Efforts

The Neighborhood Services Department may be called upon by other
departments or governmental agencies to partner on issues of community
concern in areas outside of the city’s designated Target Areas. It is the
department’s goal to provide seamless and coordinated service in such
circumstances to facilitate the resolution of an identified community problem.
In order to support and complement these interagency/interdepartmental
efforts, systematic and non-complaint-based code enforcement may be
implemented with the approval of the City Manager or designee.

7. City-designated Slum Properties

In an effort to comprehensively and effectively address multiple violations at
city- designated slum properties, the Neighborhood Services Department may
implement non-complaint-based code enforcement.

8. Recidivist/Chronic Recidivist Properties

To address frequently recurring violations on recidivist properties, the
Neighborhood Services Department may initiate non-complaint-based
inspections/ code enforcement on recidivist properties after case resolution to
check for a recurrence of the same violation(s) and/or any of the common
blight violations as identified in Section III. (B) (4) (a).

To assure lasting compliance on chronic recidivist properties, the
Neighborhood Services Department shall initiate non-complaint based exterior

Effective May 31, 2023

Code Enforcement Policy
inspections/ code enforcement on designated chronic recidivist properties after
case resolution, to check for a recurrence of the same violation(s) and/or any
of the common blight violations as identified in Section III. B. (4) (a).

9. Private Communities

Enforcement of violations within private communities with private roads and/or
limited public access are generally the responsibility of the owner(s),
responsible party, property manager, and/or park managers. NSD will enforce
violations visible from the property boundaries and health and safety violations
reported by residents within the community.

IV.
Hardship Assistance

A.
Purpose
It is the intent of the city to provide assistance to all low- and moderate-
income households that are eligible for financial assistance, and support
for owners/responsible parties who are impacted by homelessness.
Assistance and support will be provided in the form of information, referral,
counseling, outreach, the provision of volunteer labor and/or the provision
of direct financial assistance. Additional time to achieve compliance may
also be necessary due to the resources offered.

B.
Available Resources
Based upon funding availability and in some cases participant eligibility the
Neighborhood Services Department will provide or coordinate the following
types of assistance:


Information

Housing, financial, landlord/tenant counseling

Referral to public, private, or nonprofit sources of assistance

Tool lending

Volunteer labor assistance

Graffiti abatement supplies and assistance

Financial assistance to bring violations into compliance

Housing rehabilitation/reconstruction (limited geographic areas only)

V.
Interdepartmental/Interagency Cooperation

A.
Purpose
The Neighborhood Services Department will cooperate with other
departments and agencies when appropriate to further the mutual goals of
nuisance abatement and neighborhood maintenance for the benefit of the
entire community.

B.
Cooperation From Other Departments

Effective May 31, 2023

Code Enforcement Policy
Upon the request of the director or designee, the Police Department and
any other department of the city will assist and cooperate with the director
in the performance of duties related to the enforcement of ordinances. This
cooperation may include assistance in enforcement or abatement actions,
including removal of persons from buildings or structures to be
demolished.

C.
Hazardous Conditions
The city manager or designee may order immediate abatement of a hazard
without notice. The Neighborhood Services Department may also request
official concurrence from other departments as to whether immediate
abatement action is necessary. These departments or agencies include,
but are not limited to, Police, Fire, Public Works, Development Services,
and the Maricopa County Environmental Services departments.

VI.
Annual Review by City Council
This Code Enforcement Policy will be reviewed and evaluated annually by the City
Council.