Ord 621 N.S. Residential Rental Cooling and Heating Requirements 05 27 25

ORDINANCE NO. 621 N.S. 
 
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF TOLLESON, 
ARIZONA, AMENDING THE TOLLESON CITY CODE, CHAPTER 5, ARTICLE 5-10, BY 
AMENDING  SECTION 5-10-4, VIOLATIONS; PENALTIES, AND  ADDING A NEW 
SECTION 5-10-5, RESIDENTIAL RENTAL COOLING AND HEATING, PERTAINING TO 
MINIMUM COOLING AND HEATING STANDARDS OF RESIDENTIAL RENTALS; 
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR 
SEVERABILITY; AND PROVIDING FOR PENALTIES. 
 
WHEREAS, the City of Tolleson, Arizona (the “City”) desires to amend the City Code to 
promote the health, safety and welfare of the citizens of Tolleson by establishing minimum 
standards for the condition and maintenance of residential rental buildings. The intent is to 
insure that individuals and families do not suffer undue hardship; and  
 
WHEREAS, the City Council of the City of Tolleson has determined that the proposed 
amendments are in the best interests of City residents and protect public health and safety. 
 
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF 
TOLLESON ARIZONA, as follows: 
 
Section 1.  The recitals above are hereby incorporated as if fully set forth herein. 
 
Section 2. The Tolleson City Code, Chapter 5, Article 5-10, Section 5-10-4, VIOLATIONS; 
PENALTIES, Subsections (A), is amended to reads as follows (additions in ALL CAPS; deletions in 
strikeout): 
 
(A) Violations. 
(1) It shall be unlawful, punishable by civil sanctions as set forth below, for any owner of 
residential rental property to fail to perform any act or duty required by any provision 
of this article. 
 
(2) When two or more persons have liability to the city or are responsible for a violation 
of this article, their responsibility shall be joint and several. 
 
(3) NOTWITHSTANDING, THE CITY MAY ELECT TO PROCEED EITHER CIVILLY OR 
CRIMINALLY AGAINST ANY PERSON WHO CAUSES, PERMITS, FACILITATES, OR AIDS OR 
ABETTS ANY VIOLATION OF SECTION 5-10-5.  A CRIMINAL VIOLATION SHALL BE 
DESIGNATED AS A CLASS ONE MISDEMEANOR IN ACCORDANCE WITH SECTION 1-1-8 
OF THIS CODE. A CIVIL VIOLATION SHALL BE PUNISHABLE BY NOT LESS THAN ONE 
HUNDRED DOLLARS ($100.00) NOR MORE THAN ONE THOUSAND DOLLARS 
($1,000.00).

Section 3. The Tolleson City Code, Chapter 5, Article 5-10, is hereby amended by adding 
Section 5-10-5, RESIDENTIAL RENTAL COOLING AND HEATING, which shall read as follows: 
 
§ 5-10-5- RESIDENTIAL RENTAL COOLING AND HEATING. 
 
(A) General provision.  
 
Every Residential Rental Housing Unit shall contain safe cooling and heating facilities 
which are properly installed and maintained in sound condition and capable of providing 
adequate cooling  and heating, appropriate for the climate, to assure a comfortable and 
healthy living environment. For the purposes of this Section, Residential Rental Housing 
Unit means that portion of a dwelling for which payment or other consideration is being 
made to an owner, agent or manager for the use or occupancy of that portion as an 
independent living facility, excluding transient occupancy such as hotels and motels. 
(B) Cooling requirements.  
Every Residential Rental Housing Unit shall have cooling, under the tenant's control, 
capable of safely cooling all habitable rooms, bathrooms and flush toilet rooms located 
therein to a temperature no greater than eighty-six degrees (86º) Fahrenheit, if cooled 
by evaporative cooling, or eighty-two degrees (82º) Fahrenheit, if cooled by air 
conditioning. Temperature measurements shall be taken at a distance three (3) feet 
above floor level in the center of the room. Required cooling shall be provided by 
permanently installed cooling facilities. Except that those air conditioning facilities 
serving more than one (1) rental housing unit shall only be required to be designed and 
operating in conformance with manufacturer's specifications. 
(C) Heating requirements.  
Every rental housing unit shall have heating, under the tenant's control, capable of 
safely heating all habitable rooms, bathrooms and flush toilet rooms located therein to 
a temperature of at least sixty-eight degrees (68º) Fahrenheit at a distance three (3) 
feet above floor level in the center of the room. Required heating shall be provided by 
permanently installed heating facilities. 
(D) Unvented combustion heaters; prohibited.  
 
No owner, agent or manager shall provide, install or allow to be installed or used any 
unvented portable space heaters burning solid, liquid or gaseous fuels. 
 
(E) Cooking appliances as heaters; prohibited.  
 
No owner, agent or manager shall allow the use of any ovens, stoves or ranges, or other 
cooking appliances for the purpose of heating any portion of a dwelling.

Section 4.  Providing for Repeal of Conflicting Ordinances. All ordinances, parts of 
ordinances and resolutions in conflict with the provisions of this Ordinance, or any part of the City 
Code adopted here by reference, are repealed. 
 
Section 5.  Providing for Severability. If any provision of this Ordinance is for any reason 
held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof 
shall be deemed separate, distinct, and independent of all other provisions and such holding shall 
not affect the validity of the remaining portions of this Ordinance. 
Section 6.  Providing for Penalties. For a violation of this Ordinance, the city may elect to 
proceed either civilly or criminally. A criminal violation shall be designated as a class one 
misdemeanor and shall be subject to a fine not to exceed two thousand five hundred dollars 
($2,500.00), exclusive of penalty assessments prescribed by law, a sentence of incarceration not 
to exceed six (6) months in jail, and probation not to exceed three (3) years. Any person who is 
found responsible for committing a civil code infraction under this Ordinance is subject to a civil 
sanction of not less than one hundred dollars ($100.00) nor more than one thousand dollars 
($1,000.00). 
Section 5.  The Mayor, City Manager, City Clerk and City Attorney are hereby authorized 
and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. 
 
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona this 
27th day of May, 2025. 
 
 
____________________________________ 
Juan F. Rodriguez, Mayor 
 
 
                                                   ATTEST: ____________________________________ 
 
Crystal Zamora, City Clerk 
 
 
       APPROVED AS TO FORM: ____________________________________ 
 
Justin Pierce, City Attorney