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

Code Enforcement Policy 
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.

Code Enforcement Policy 
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-

Code Enforcement Policy 
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.