Attachment A - Code Enforcement Policy
City of Phoenix — Community and Cultural Investment Subcommittee (2022-06-01)
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CODE
ENFORCEMENT
POLICY
Neighborhood Services Department:
A dynamic, committed partner in building vibrant neighborhoods
City of Phoenix
Neighborhood Services Department
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 June 29, 2006
Attachment A
Contact Us
To report a violation, ask about a case
or get information about the Neighborhood
Preservation Ordinance and/or Code
Enforcement Policy, contact the Neighborhood
Preservation Division at:
blight@phoenix.gov
or
(602) 534-4444.
Learn about the Neighborhood Services
Department by visiting phoenix.gov/NSD
Neighborhood Services Department
Our mission
To preserve and improve the physical, social and economic health of
Phoenix neighborhoods, support neighborhood self-reliance, and enhance
the quality of life for residents through community-based problem solving,
neighborhood-oriented services and public/private cooperation.
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) 495-5456. TTY (602) 495-0685.
Esta información está disponible en español.
Effective June 29, 2006
Code Enforcement Policy
Effective June 29, 2006
Page 1
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
10 days.
Included with the pre-notification letter will be an explanation that recidivists
will receive only one official notice of ordinance violation 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 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
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Effective June 29, 2006
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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.
Also included with the NOV to owners/responsible parties who have not
previously received the information with a pre-notification letter will be an
explanation that recidivists will receive only one official notice of ordinance
violation 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.
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.
II. Recidivists Persons/Properties
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 24 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.
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Effective June 29, 2006
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A chronic recidivist case is a case on a property where within the last 24 months the
property has had unresolved notice(s) of violation of the City codes for six months or
more, excluding time for administrative appeals or hardship assistance processes. A
chronic recidivist designation shall apply until the property has remained in compliance
for past violation(s) and any of the common blight violations, as specified in Section III
(B) (4) (a) for a period of 90 days following the date the prior case was closed.
If unusual or mitigating circumstances warrant, the City Manager or designee may 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 which have been designated as recidivist or chronic
recidivist will proceed through a legal fast track. The discovery of a repeat offense or
continuous offenses of six months or more will be cause to:
issue an immediate civil citation (for those offenses deemed appropriate);
issue a formal notice of violation in conjunction with a civil citation for offenses that
warrant abatement; and/ or;
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-
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Effective June 29, 2006
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based enforcement process will take place at the request of, and with the active
support and cooperation of, area residents.
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 t
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:
Overheight weeds/grass or dead/dry bushes, trees, weeds and/or other
vegetation
Inoperable vehicles
Junk, litter and/or debris
Open/vacant buildings and structures
Outside storage
Fences in disrepair
Vehicles parked on non-dustproofed surfaces or in non-permitted areas of
residential front or side yards
Graffiti
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Effective June 29, 2006
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b. Inspect additional properties in the immediate area of the initial reported
violation; and
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 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).
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. Assistance will be provided in the
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Effective June 29, 2006
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form of information, referral, counseling, the provision of volunteer labor and/or the
provision of direct financial assistance.
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
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.