Proposed Code Amendments Ch 90

PROPOSED CODE REVISIONS 
Below are the proposed changes to Sections § 90.2, § 90.03, § 90.04, § 90.07, § 90.13, 
§ 90.14 and § 90.99 of the City Code. 
 
§ 90.02  DEFINITIONS. 
For the purpose of this chapter, the following definitions shall apply unless the 
context clearly indicates or requires a different meaning. 
ABANDONED/INOPERABLE VEHICLE. Any vehicle which is partially or wholly 
dismantled, discarded, or wrecked; or on blocks, stands, or similar devices; or stripped 
or scrapped; or inoperable due to mechanical disassembly; or with a deflated tire or 
tires, or physically incapable of operation; or other reasons that may include an expired 
license plate or the absence of a license affixed or assigned thereto. 
ANIMAL WASTE. Waste from stables, kennels, pet pens, chicken coops, veterinary 
establishments, and others of similar nature and household pet waste. 
BOARD OF APPEAL. The BOARD OF APPEAL established pursuant to § 111 of 
the International Property Maintenance Code (IPMC), 2006 edition, as adopted by the 
City of El Mirage Council. 
CONSTRUCTION AND DEMOLITION WASTES. All waste building materials, 
rubble, and spoils resulting from construction, remodeling, repair, and demolition 
operations on any building or structure. 
CONSTRUCTION MATERIAL. Includes but is not limited to asphalt, concrete, 
plaster, tile, rocks, bricks, sand, dirt, lumber, blocks, or any other materials commonly 
used in construction or landscaping material. 
COUNCIL. The Mayor and City Council of El Mirage, Arizona. 
DEBRIS. Substance or material of little or no apparent value, including but not 
limited to deteriorated lumber, old newspapers, cardboard material, scrap metal, vehicle 
parts, discarded furniture parts, stoves, sinks, cabinets, household fixtures, 
refrigerators, abandoned, broken, or neglected equipment, or the scattered remains of 
items. 
     FRONT YARD.  An open space extending the full width of the lot between the front 
lot line and the front planes of the building projected to the side lot lines. 
LITTER.  All solid waste including, but not limited to, ashes, street cleanings, 
severed plant growth, garbage, dead animals, abandoned or junked vehicles or parts 
thereof, solid commercial and industrial waste, paper, rugs, empty barrels, crates, 
packing cases, boxes, cartons, wood shavings, packing materials, wrapping, cigarettes, 
cardboard, landscape clippings, leaves, metal, mattresses, bedding, crockery, bottles, 
cans, glass, plaster, plastic, asphalt, tile, rock, bricks, clean fill, fill dirt, excavation

material, or other materials tending to create an unsightly condition and having an 
adverse effect upon the health, safety, aesthetic, or general welfare of citizens. 
PERSON. A PERSON as defined in § 10.03 of the City of El Mirage City Code and 
shall for purposes of this chapter include an occupant, responsible party, or owner of 
the property.   
PRIVATE PROPERTY. Land owned by any person other than the United States, the 
State of Arizona, a county, city, or town. 
RESIDENTIAL AREA.  Any area of the city which is comprised primarily of 
residential structures. 
RESPONSIBLE PARTY.  An owner, tenant, lessee, occupant, or person with lawful 
control over the property or building. 
SIDE YARD.  An open space between the side lot line and the side planes of the 
building and extending from the front yard to the rear yard. 
TRASH. All nonputrescible wastes consisting of both combustible and 
noncombustible solid waste material, excluding ashes. 
UNSHELTERED. Items, rubbish, debris, or any other items located outside a garage 
or other building or structure in such a manner as to be visible to a person standing 
upon any public street or sidewalk or at ground level upon any adjoining piece of 
property or right-of-way. 
VEHICLE. Every device by which any person or property is or may be transported or 
drawn; including but not limited to automobiles, motor homes, travel trailers, utility 
trailers, recreational vehicles, or watercraft. Devices moved by human power or used 
exclusively upon stationary rails or tracks are exempt. 
VEHICLE PARTS. Any part(s), component(s), or accessory of a vehicle. 
(Prior Code, § 20-1-2)  (Ord. O06-11-21, passed 12-14-2006; Res. R06-11-33, passed - 
-) 
§ 90.03  ENFORCEMENT. 
(A)   The provisions of this chapter shall only apply to conditions that are visible to a 
person standing upon a public street or sidewalk except where the city determines that 
the conditions are, or are likely to become, a threat to the public health or safety or 
where the conditions are so severe they are, or are likely to become, a nuisance to a 
neighborhood. 
(B)   A violation of any of the provisions of this chapter shall be considered to be a 
public nuisance. The city may elect to proceed either civilly or criminally against any 
person who is found to be responsible for causing, permitting, facilitating, or aiding or 
abetting a violation of any provision of this chapter.

(C)   Any code enforcement officer or police officer who observes a violation of any 
of the provisions of this chapter is empowered to issue a citation to the alleged violator. 
Prior to issuing a citation, the code enforcement officer or police officer may, except as 
otherwise specifically provided here, issue a written or verbal notice of violation. If the 
violation is not remedied within the time frame specified in the notice of violation, a 
citation may be issued. 
(Prior Code, § 20-1-3)  (Ord. O06-11-21, passed 12-14-2006; Res. R06-11-33, passed - 
-) 
§ 90.04  OWNER OF RECORD RESPONSIBLE PARTY. 
An occupant, tenant, lessee, person having lawful control and any   The owner of 
record, as recorded in the Maricopa County Recorder’s Office, of or over any building or 
parcel of land shall be presumed a Responsible Party jointly and severally who may be 
held responsible for violations of this Chapter in or on such building or parcel.  to be a 
person having lawful control over any building or parcel of land. If more than one person 
is recorded as the owner of the property, those persons shall be jointly and severally 
presumed to be persons having lawful control over the building or parcel. 
(Prior Code, § 20-1-4)  (Ord. O06-11-21, passed 12-14-2006; Res. R06-11-33, passed - 
-) 
§ 90.07  SERVICE OF NOTICE. 
Notice shall be personally served on the owner, person, controlling the property, and 
on the occupant or lessee by a code enforcement officer or police officer, or a vendor 
who provides such services, or mailed certified mail to the owner or person controlling 
the property at his or her last known address, or the address to which the tax bill for the 
property was last mailed. If the owner does not reside on the property, a duplicate 
notice shall be sent to him or her by certified or registered mail at his or her last known 
address. In the event that the post office address of the owner or person controlling the 
property is unknown or if the owner or person controlling the property cannot be 
reached by mail, a notice may be posted at or on the property in a conspicuous place, 
the City Clerk may cause the notice to be published in the newspaper used by the city 
for one publication, and that service posting shall be complete and shall have the same 
effect and force as if personally served upon the owner or user of the property.  
(Prior Code, § 20-1-7)  (Ord. O06-11-21, passed 12-14-2006; Res. R06-11-33, passed - 
-) 
§ 90.13  LAND MAINTENANCE. 
The following acts, omissions, conditions, and things in or upon any land, building, or 
structure in the city constitute public nuisances, the existence which are hereby 
prohibited and declared to be unlawful. 
(A)   No person, shall place or allow to remain any personal property, materials, 
good, wares, merchandise, or similar items of any kind in or upon any public street,

sidewalk, alleyway, or right-of-way. Items placed by or approved by the city are exempt 
from this division. 
(B)   No person, shall place, deposit, or leave, or allow to remain in or upon any 
public street, alleyway, sidewalk, right-of-way, park, or other city building or property any 
bottles, glass, cans, graffiti, handbills, posters, pieces of scrap metal, metal articles, 
paper, or other material or items, except in proper containers for collection. 
(C)   No owner or an occupant of any property shall allow or permit any trees, 
shrubs, or other plant growth on the property to impede, obstruct, or interfere with the 
free passage upon any public street, sidewalk, or alleyway; or obstruct the visibility of 
drivers; or interfere with any traffic control device; or signs or street lighting. Tree limbs 
must be maintained to hang no lower than 12 feet above any public street or alleyway 
and seven feet above any public sidewalk. Trees below seven feet, shrubs, or other 
plant growth must be maintained one foot from any public sidewalk. Dead trees, dead 
plants, and dead shrubs must be removed. 
(D)   No person shall allow the accumulation of items such as but not limited to 
bottles, glass, cans, pieces of scrap wood, metal, metal articles, paper, plastic, boxes, 
tires, vehicle parts, or other such materials or items in unsheltered areas of private 
property. 
(E)   No person shall place, and/or store, or allow to remain furniture, except 
furniture designed and placed for outdoor use, household equipment, appliances, 
construction or landscape material, cardboard material, plastic material, debris, or any 
similar materials in a location that is visible to a person standing upon any public street 
or sidewalk. 
(F)   No person owning or occupying any property fronting on any street, alleyway, or 
public place in the city including the area between the property line of the property and 
the street shall allow thereon grass or weeds to exceed a height over six inches when 
such conditions create a blighting condition or may harbor infestations or are likely to 
become a hazard to the public health and safety. Dead trees, dead plants, and dead 
shrubs must be removed. 
(G)   No person owning any vacant building or vacant property within the city shall 
allow thereon grass or weeds to exceed a height over six inches, dead trees and 
bushes, or allow the accumulations of discarded construction materials, construction 
waste, trash, or any other debris or when such conditions create a blighting condition, or 
may harbor infestations or are likely to become a hazard to public health or safety. 
(H)   No person shall place any waste materials, trash, weeds, or other accumulation 
of debris upon any public or private property not owned or under the control of that 
person, other than the placement of refuse for collection in accordance with policy. 
(I)   The storage of construction materials in unsheltered areas of the yard in which 
insects may breed or multiply or which provides harborage for rodents or which 
constitutes a hazard to the public health or safety is prohibited. This division shall not 
apply to any construction materials when a valid building permit exists for the property

on which the construction material is located and the construction materials is intended 
to be incorporated in the project for which the permit is issued. 
(J)   Any person owning any vacant property that has been subject to illegal dumping 
on more than three occasions within a 12-month period must effectively secure the area 
where the illegal dumping has occurred and place “no dumping” signs. 
(K)   The person in control of any private property shall at all times maintain adjacent 
unutilized street right-of-way and the portion of the alley contiguous with the property up 
the centerline of the alley free of litter. 
(Prior Code, § 20-1-13)  (Ord. O06-11-21, passed 12-14-2006; Res. R06-11-33, passed 
- -) 
§ 90.14  VEHICLES. 
(A)   No person shall park or permit to be parked any vehicle for the purpose of sale 
upon any property or vacant property except where the sale of a vehicle is customary 
and incidental to the principal use of the property and in accordance with Chapter 154 of 
this code. 
(1)   The display of one vehicle for sale is permitted at a residence when the 
vehicle is titled to the owner or occupant of the property, is parked on an improved 
surface, would otherwise be permitted to be parked there, and is not being sold in 
connection with an automobile sales business. 
(2)   No more than three vehicles may be displayed for sale at the same 
residence within a 12-month period and only one vehicle shall be displayed for sale at 
one time. 
(B)   No person shall park or permit to be parked any vehicle, including but not 
limited to semi-tractors, semi-tractor trailers, trailers, recreational vehicles, or limousines 
on any property or vacant property except where the parking of such vehicles is 
customary and incidental to the principal use of the property and in accordance 
with Chapter 154 of this code. 
(C)   No person shall park or permit to be parked any vehicle, including but not 
limited to semi-tractors, semi-tractor trailers, trailers, recreational vehicles, or any other 
vehicle with a gross vehicle weight of 20,000 pounds or more in any residentially-zoned 
district area. 
(D)   The unsheltered storage of any abandoned or inoperable vehicle, including any 
vehicle being repaired or restored, that is visible from any public street or sidewalk is 
prohibited except where the storage, repair, or restoration is customary and incidental to 
the principal use of the property and in accordance with Chapter 154 of this code. 
(E)   An abandoned or inoperable vehicle, including any vehicle being repaired or 
restored, may be stored in a carport if the vehicle is covered with a properly maintained 
vehicle cover made exclusively for covering vehicles.

(F)   Within any residential zoned district area any vehicle undergoing repair must be 
titled to the owner or occupant of the property and not exceed 15 days and no more 
than three such repairs shall be permitted within a 12-month period. 
(G)   Within any residential zoned district area, no person shall park or store any 
vehicle such as but not limited to watercraft, camper shell, truck camper, trailer, boat, 
recreational vehicle or utility trailer in any portion of the side yard unless the side yard is 
screened from the street and the surface area is improved to gravel, concrete, asphalt, 
or paving bricks. 
(H)   Within any residentially-zoned district area no person shall park or store any 
vehicle, such as but not limited to watercraft, camper shell, truck camper, trailer, boat, 
recreational vehicle or utility trailer in any portion of the front yard. 
(Prior Code, § 20-1-14)  (Ord. O06-11-21, passed 12-14-2006; Res. R06-11-33, passed 
- -) 
 
§ 90.99  PENALTIES. 
(A)   The remedies herein are cumulative, and the City may proceed under one or 
more such remedies. 
(B)   (1)   Any owner or responsible party, 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 of not less than one hundred 
dollars or more than two thousand five hundred dollars. Any owner or responsible party 
who commits a second violation of this Chapter within thirty-six months of the 
commission of a prior violation of this Chapter shall be subject to a civil sanction of not 
less than two hundred fifty dollars. Any owner or responsible party who commits a third 
violation of this Chapter within thirty-six months of the commission of a violation of this 
Chapter shall be subject to a civil sanction of not less than five hundred dollars. 
(2)   The thirty-six-month period provision of subsection B(1) of this section shall 
be calculated by the dates the violations were committed. The owner or responsible 
party shall receive the enhanced civil sanction upon a finding of responsibility for any 
violation of this Chapter which was committed within thirty-six months of the commission 
of another violation for which the owner or responsible party was convicted or found 
responsible, irrespective of the order in which the violations occurred or whether the 
prior violation was civil or criminal. 
(C)   (1)   Any owner, responsible party, or other person having control over a 
structure or parcel of land 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.

(2)   Any person convicted of a violation of this Chapter shall be sentenced to a 
fine of not less than one hundred dollars. Any person who is convicted of a second 
violation of this Chapter committed within thirty-six months of a prior violation of this 
Chapter shall be subject to a fine of not less than two hundred fifty dollars. Any person 
who is convicted of a third or subsequent violation of this Chapter committed within 
thirty-six months of a prior violation of this Chapter shall be subject to a fine of not less 
than five hundred dollars. 
(3)   The thirty-six-month period provision of subsection C(2) of this section shall 
be calculated by the dates the violations were committed. The owner or responsible 
party shall receive the enhanced fine upon a conviction of any violation of this Chapter 
which was committed within thirty-six months of the commission of another violation for 
which the owner or responsible party was found responsible or convicted, irrespective of 
the order in which the violations occurred or whether the prior violation was civil or 
criminal. 
(D)   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)   In addition to any other sanction or penalty authorized under subsections B and 
C of this section, the court may issue an order permitting the City to abate the condition 
giving rise to the violation. The reasonable costs of any such abatement shall be the 
responsibility of the person found responsible or guilty of the violation and may be 
collected as provided in Section 90.09.