Attachment B_Code Enforcement Policy_Amended__EDH_05.08.24.pdf

Attachment B
Proposed Revised Policy 
Effective Date: TBD 
CODE
NEIGHBORHOOD 
SERVICES 
DEPARTMENT 
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.

Code Enforcement Policy 
 
 
 
Neighborhood Services Department Mission 
To Preserve, Enhance and Engage Phoenix Neighborhoods 
 
 
 
Contact Us 
 
 
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.

Code Enforcement Policy 
 
3 
 
 
 
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 ten days. Information on the most common blighting 
violations will also be included with the pre-notification letter.

Code Enforcement Policy 
 
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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 home occupation standards 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. 
 
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.

Code Enforcement Policy 
 
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6. Exceptions 
Exceptions to the standard code enforcement policy are as follows: 
 
Episodic Violations 
a. An episodic violation is one that occurs intermittently. 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. 
 
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 a 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 
• 
request a criminal summons

Code Enforcement Policy 
 
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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, mobile vending regulations, Vacant Property 
Registry, and common blight violations identified along arterial streets may be enforced proactively. 
 
Anonymous complaints will be accepted with the following exceptions: home occupation complaints; 
portions of the animal ordinance (Chapter 8); 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. 
 
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.

Code Enforcement Policy 
 
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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 
• 
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 
• 
Properties not listed on the Vacant Property Registry 
 
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.

Code Enforcement Policy 
 
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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). 
 
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. 
 
10. Short Term Rental Properties 
 
To ensure the appropriate permitting requirements are met, the Neighborhood Services Department 
may proactively enforce non-permitted Short-Term Rentals. Additionally, the Director may adopt a 
policy to regularly inspect properties for compliance with Section 10-205. 
 
 
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)

Code Enforcement Policy 
 
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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.