For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. A vehicle, motor home, trailer or semi-trailer that is of a type subject to registration in the state, whether lost, stolen, abandoned or otherwise unclaimed, and that has been abandoned on a public highway, public property or private property. Evidence that a vehicle was left unattended for a period of 48 hours within the right-of-way of any highway, road, street or other public thoroughfare, or for a period of 72 hours on public property or private property, is prima facie evidence of abandonment.
ANIMAL WASTE. Household pet waste and waste from stables, kennels, pet pens, chicken coops, veterinary establishments and others of a similar nature.
APPROVED. Acceptable to the Code Official.
BLIGHT or BLIGHTED. Unsightly conditions of a building, structure, accessory building, fence, landscaping or property characterized by neglect, lack of maintenance, damage or any other similar conditions of disrepair or deterioration, unsanitary or unsafe conditions, or the existence of conditions that endanger life or property by fire and other causes. Examples include, but are not limited to: the accumulation of debris, wood, scrap iron or other metal, boxes, paper, vehicle parts, tires, inoperable equipment or vehicles, discarded appliances; or any items that may harbor insect or vermin infestation or create a fire hazard; landscaping that is overgrown, dead or damaged; weeds; fences that are broken, rotted, damaged or leaning; or buildings or structures exhibiting general disrepair or dilapidation, including but not limited to, deteriorated shingles, peeling paint, broken doors or windows, boarded-over windows, or any other evidence of neglect or lack of maintenance; and the exterior visible use or display of tarps, plastic sheeting, or other similar materials as weather protection for roofs or structures, or as, flexible or inflexible screening, fencing, or wall covering upon any parcels within the city regardless of the condition of other properties in the neighborhood.
BOARDINGHOUSE. A single-family, detached or attached dwelling unit in which any of the rooms are rented or leased to persons on a transient or temporary basis, but which does not include group homes, dormitories, convalescent homes, nursing homes, substance abuse detoxification centers or substance abuse treatment centers.
BUILDING. Any structure, either temporary or permanent, having a roof and used or built for the shelter and enclosure of persons, animals, chattels or property of any kind. This shall include tents, awnings or vehicles situated on private property and used for purposes of a building.
BUILDING CODE. The construction codes that were in force at time of building construction, including plumbing and mechanical codes, electric codes, residential construction codes, energyconservation codes and existing building construction codes, and includes any property maintenance codes, neighborhood preservation codes, anti-blight codes or other similar codes, however denominated. With respect to manufactured homes, as defined in A.R.S. § 41-4001, BUILDING CODE means the federal construction codes applicable to manufactured homes constructed after June 15, 1976, and the Arizona codes applicable to mobile homes constructed before that date.
BUILDING, ENCLOSED. A building with a perimeter composed of rigid walls and a roof.
CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
CONDEMN. To adjudge unfit for occupancy.
DEBRIS, TRASH, LITTER. Substance or material of little or no apparent value, aesthetic or economic, including but not limited to: broken glass, broken concrete, broken plaster or gypsum board, scrap lumber, siding or roofing material, ceiling tile or floor covering material, broken asphalt materials, clay, tile or plastic pipe or any similar discarded scrap building or construction materials, scrap metal of all types, appliances or parts thereof, parts of motor vehicles, tires, glass, wood or lumber, indoor furniture and mattresses, bedding, boxes, crates, packing cases, cabinets, household fixtures, plumbing fixtures, including but not limited to, toilets, or any other plumbing material, abandoned, broken or neglected equipment, or the scattered remains of items, shopping carts on residential zoned property, any solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, weeds, cigarettes, cardboard, metal or plastic cans, yard clippings, leaves, tree trimmings, or any material in which insects may breed or multiply or which provides harborage for rodents, reptiles or vermin, or which would contribute to the spread of fire or prevent its rapid control.
DETERIORATION or DISREPAIR. A decline of the general condition or appearance of a building,
structure, or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or any other evidence of physical decay, neglect, or lack of maintenance.
DEVELOPED PROPERTY. Property that has been modified purposefully from its original state, resulting in a condition of gainful or productive use.
DRIVEWAY. An unobstructed paved area, or compliantly dustproofed area per § 9-1-3(B)(9)(a), that directly connects a public or private street with vehicle parking, loading or maneuvering areas. For residential properties, a DRIVEWAY connects from a street to a garage, carport, or other properly maintained and compliant parking area.
DUMPING. Unlawful placement of debris, trash, litter, waste matter, rubbish or garbage upon any private or public property.
EXTERIOR INSPECTION. The visual inspection of any portion of a residential dwelling unit that can be seen from a public street or other right-of-way, or that can be seen from an adjacent property if a complaint or consent to enter is received from the adjacent property owner, lawful resident or lawful tenant.
FENCE, MATERIALS PROHIBITED. Includes: rope; string; wire products, including but not limited to, chicken wire, wire fabric, and similar welded or woven wire fabrics; chain; netting; dangerous cut or broken glass; paper; unapproved corrugated metal panels; galvanized sheet metal; plywood; or fiberglass panels in any fence or any other materials that are not manufactured specifically as fencing materials. The Director may require the applicant to provide the manufacturer’s standards to establish the intended use of a proposed fencing material.
FENCE, SCREEN WALL, and/or RETAINING WALL. Freestanding, self-supporting structures constructed of durable, decay- and moisture-resistant
wood, chain link, metal, masonry, or other opaque standard fencing materials, maintained where vertical structural members do not list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall through the middle 1/3 of the base, designed for decorative purposes or to provide privacy, security, screening, or bank retention between grade separations.
GARBAGE. An accumulation of spoiled or discarded animal or vegetable material resulting from the handling, preparation, cooking or consumption of food for humans or animals, as well as other organic waste material subject to rapid decomposition, and its waste wrappers or containers.
GRASS. Barnyard grass, bermuda grass, bluegrass, brome, crab grass, foxtail, Johnson grass ragweed, rye grass, wild oats, or hybrids thereof.
HABITABLE ROOM/SPACE. A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered HABITABLE SPACE.
HAZARD. Any source of potential damage, harm or adverse health effects on something or someone.
IMMINENT DANGER. Any condition that could cause serious or life-threatening injury or death at any time.
IMPROVED PROPERTY. Parcels on which buildings or other structures are legally located.
INFESTATION. The presence, within or contiguous to, a structure or premises of damaging or unhealthful insects, rodents, reptiles or pests. Insect, rodent, reptile or pest droppings indicate a presence.
INOPERABLE VEHICLE. Any vehicle that is physically incapable of its intended operation and is partially or wholly dismantled, discarded, wrecked, on
blocks or on similar devices, stripped or scrapped; or a vehicle with missing or deflated tires or missing wheels; or any vehicle that is inoperable due to mechanical failure or mechanical disability; or any vehicle that is missing a legally assigned license plate or that has an expired registration sticker, or one that does not have a current registration legally issued by any state.
INSPECTION WARRANT. An order, in writing, signed by a judge of a court of competent jurisdiction, directed to a state, county or local official, authorizing entry onto private property to inspect for violations of the city code or other relevant laws and regulations.
INTERIOR INSPECTION. A physical or visual inspection of the interior of a residential rental dwelling unit, and other portions of a residential rental dwelling unit that are not visible from a public street, right-of-way or neighboring property that is made for the purpose of discovering or confirming building code violations.
JUDGE. A city municipal court judge or other judicial officer authorized to issue inspection and abatement warrants.
JUNK VEHICLE. A vehicle that is in such a state of deterioration that it cannot be profitably dismantled or salvaged for parts and cannot be profitably restored (A.R.S § 28-4881).
LAND. All parcels within the exterior boundaries of the city limits, whether developed, improved, undeveloped or unimproved.
LANDSCAPING. The placement of trees, shrubs, vegetative and organic or inorganic materials, including gravel, cinders, rock and bark materials.
LAWFUL TENANT. In regards to a residential rental dwelling unit, a renter or occupant that has a signed lease agreement with an owner of record, agent or property manager and is not currently in arrears for
rent payments. A tenant can sign an affidavit on a form produced by the Building and Safety Manager, or provide a signed copy of the lease, and a declaration by the owner of record, agent or property manager that they are current on monthly rent.
MAJOR BODY REPAIR. The removal and replacement of body panels, straightening of frame, replacement of more than one hinged appurtenance (hood, door, trunk, and the like), bondo, fiberglass, and the like, or dent repair exceeding 23% of surface area, replacement of roof.
MINOR BODY REPAIR. Bondo, fiberglass, and the like, and dent repair not exceeding 25% of surface area; replacing glass, windows; replacing a bumper and installation of appurtenances like mirrors, tailgates, and the like.
MANAGING AGENT. A person, corporation, partnership or limited liability company that is authorized by the owner to operate and manage the property.
MAJOR VEHICLE REPAIRS. The pulling of an engine block, repair or replacement of a transmission and front and rear axles, major body repair, dismantling, and similar work associated with automobiles, boats or other motorized or nonmotorized vehicle repair.
MINOR VEHICLE REPAIRS. Routine maintenance such as changing oil and tires; replacement of water pump, alternator, brakes, shocks, oil and air filters, and spark plugs; minor body repairs and similar work associated with automobiles, boats or other motorized or nonmotorized vehicle repair.
MOTOR HOME. A motor vehicle that is designed as temporary living quarters and that:
(1) Is built onto as an integral part of, or is permanently attached to, a motor vehicle chassis;
(2) Contains at least 4 of the following independent, life-support systems if each is permanently installed, operable and designed to be removed only for purposes of repair or replacement:
(a) A cooking facility with an onboard fuel source;
(b) A gas or electric refrigerator;
(c) A toilet with exterior evacuation;
(d) A heating or air conditioning system, with an onboard power or fuel source separate from the vehicle engine;
(e) A potable water supply system that includes at least a sink, a faucet and a water tank with an exterior service supply connection;
(f) A 110-125 volt electric power supply.
MUNICIPAL COURT. The City of Apache Junction Municipal Court.
OCCUPANT or TENANT. Any person who occupies the whole or any part of such building or land, whether alone or with others.
OWNER. A person, persons or legal entity listed as titleholder for parcels of land in the official records of the Pinal or Maricopa County Recorder’s Office, or any person or entity with any ownership or possessory or beneficiary right or interest, including deed holders, mortgagees, lessees and other tenants, residents, and any agent of any of same.
PERSON. A human being, individual, enterprise, corporation, trust, association, partnership, firm or society.
PLANT GROWTH. Vegetation of any and all kinds, whether living or dead.
POLLUTED. A condition that exists in water and is characterized by bacterial growth, algae, insect infestation, the remains of litter, debris, garbage, or any other foreign matter that, because of its nature or location, constitutes an unhealthy, unsafe or unsightly condition.
POTENTIAL HAZARD. A condition that can cause an unreasonable risk of death or serious personal injury or serious damage to property, and that can become an imminent hazard if further deterioration occurs.
PRIVATE PREMISES. Any parcel of land, developed or undeveloped, or any dwelling, house, building or other structure, designed or used, either wholly or in part, for residential or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and any yard, grounds, walk, driveway, porch, steps or vestibules belonging or appurtenant to such dwelling, house, building or other structures.
PRIVATE PROPERTY. Land owned by any person other than the United States, the State of Arizona, a county, a city, a school district or a special district.
PROPERTY. Includes buildings, grounds, lots and tracts of land.
PUBLIC PLACE or PUBLIC RIGHT-OF-WAY. Any street, sidewalk, easement, boulevard, alley or other public way, and any public park, square, space, ground or building.
PUBLIC NUISANCE. To be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community a neighborhood, or by a considerable number of persons.
RESIDENTIAL DWELLING UNIT. A building or structure or part of a building or structure that is
used for a home or residence by 1 or more persons who maintain a household. It also means a mobile/manufactured home, regardless of ownership of the land.
RESIDENTIAL RENTAL DWELLING UNIT. A dwelling unit leased or rented to 1 or more tenants. A dwelling unit that is occupied in part by the owner of the dwelling unit is not a RESIDENTIAL RENTAL DWELLING UNIT, unless a tenant occupies a part of the dwelling unit that has its own cooking and sleeping areas, a bathroom and a separate entrance, unless otherwise provided in the city’s zoning ordinance. RESIDENTIAL RENTAL DWELLING UNIT does not include an owner-occupied, mobile/manufactured home in a mobile/manufactured home park that is not owned by the landlord of the mobile home park.
RESPONSIBLE PERSON. An owner, occupant, tenant, renter, lessor, lessee, manager, agent, lienholder or any fiduciary or person with power of attorney, or other person who is occupying or having charge, possession or control of the premises, or has the authority and ability to act on behalf of, or in the interest of, the owner. When property is held in common by more than 1 owner, each owner is a RESPONSIBLE PERSON, even when a homeowners’ association has been formed to manage and maintain such commonly-owned property. Such a homeowners’ association shall also be a RESPONSIBLE PERSON.
SECURING. The action deemed necessary by the Building Official or designee to protect the general safety and welfare of occupants and public, and shall include the use of materials with sufficient strength and structural value installed in a manner that restricts or prohibits access.
SLUM AREA. An area in which the public health, safety or welfare is threatened because of any of the following:
(1) Dilapidated, deteriorated, aging or obsolescent buildings or improvements;
(2) The inadequate provision for ventilation, light, air, sanitation or open spaces;
(3) Overcrowding; and
(4) The existence of conditions that endanger life or property by fire and other causes.
SOUND CONDITION. Free from decay or defects and capable of performing the task for which it was designed and in the manner it was intended.
STORED. Parking, leaving, locating, keeping, maintaining, depositing, remaining or being physically present on private property.
STREET or HIGHWAY. A right-of-way within which improvements are constructed for the conveyance of vehicular and pedestrian traffic, and includes highways, streets, roads and alleys, including the entire width.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act that was prohibited, or failed to do an act that the defendant was legally required to do.
STRUCTURE. Includes any building or improvement constructed or placed on land, or built or constructed on a portion thereof. Any piece of work artificially built up or composed of parts joined together in some definite manner.
STRUCTURE UNFIT FOR HUMAN OCCUPANCY. A building improvement, dwelling unit or premises that has conditions that are dangerous or injurious to the health or safety of its occupants or to the occupants of neighboring dwellings, or to residents of the city, including defects increasing the risk of fire or accident, inadequate ventilation, light, potable water or sanitary facilities, dilapidation, disrepair, structural defects, uncleanliness, overcrowding, inadequate drainage, lacking operating
utility service or other essential equipment, or infested with vermin.
TRASH. All non-putrescible wastes consisting of both combustible and noncombustible, solid waste material, excluding ashes.
UNCONTROLLED VEGETATION. Plants, trees, shrubs, grass, and the like, allowed to grow unattended, or containing a mixture of weeds and other plant materials, all of which includes trees, shrubs, weeds, grass, as well as other vegetation that grows unattended along fence lines and walls.
UNDEVELOPED PROPERTY. Vacant land with no lawfully approved use.
UNSAFE EQUIPMENT. Includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other mechanical, plumbing or electrical equipment on the premises or within the structure that is in such disrepair or condition that it is a hazard to life, health, property or a risk to the public or occupants of the premises or structure.
UNSAFE STRUCTURE. A structure found to be dangerous to the life, health, property or safety of its occupants or the public by not providing minimum safeguards to protect or warn occupants, in the event of fire, or because it contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is likely.
UNSHELTERED. Any area on a premise located outside a garage or structure in such a manner as to be visible to a person standing upon any public street, sidewalk or at ground level upon any adjoining piece of property.
UTILITY SERVICE. Those services required for plumbing and electrical systems, heating and cooling systems, ventilation systems, fixtures and
appliances to properly operate, including water service, sewer service, electric service and gas service.
UTILITY TRAILER. A vehicle designed to be pulled by a motor vehicle, and which is used to carry property, trash or special equipment. Boat trailers and homemade trailers are included as UTILITY TRAILERS.
VEHICLE. Every device by which any person or property is or may be transported or drawn upon a street or highway; including but not limited to, automobiles, motor homes, travel trailers, utility trailers or watercraft, but excluding devices moved by human power or used exclusively upon stationary rails or tracks.
WEEDS. Bull thistle, cocklebur, foxtail, horseweed, lambsquarters, London rocket, mallow, milkweed, pigweed, mustards, prickly lettuce, ragweed, Russian thistle, shepardspurse, sowthistle, white horsenettle, willow weed, and those types of plant growth defined as noxious weeds in A.R.S. § 3-201, regardless of whether a particular property owner or occupant who is the subject of enforcement action under this code regards the growth as desirable.
(Ord. 1255, passed 1-3-2006; Am. Ord. 1467, passed 12-4-2018)