The following acts, omissions, conditions, and things in or upon any land or structure in the city constitute public nuisances, the existence of which are hereby prohibited and declared to be unlawful, and are enforceable and punishable as set forth below.
(A) Exterior property and premises.
(1) (a) Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The responsible person shall keep that part of the exterior property that such responsible person occupies or controls in a clean and sanitary condition. Exterior property and premises shall be free from any accumulation of debris, trash, litter, garbage or junk vehicles.
(b) Garbage shall only be stored in approved receptacles designed to prevent leakage, designed to prevent access from animals, rodents and insects, and designed to be washable. Bagged or loose garbage shall not be stored for more than 24 hours outside of an enclosed building or an approved receptacle. Date-stamped photos shall be prima facie evidence of garbage stored in violation of this section.
(c) No person shall deposit or cause to be deposited, store or maintain any debris, trash or litter, on any land within the city, unless stored safely within a lawful, enclosed building or structure, or within a trash receptacle in such a manner as to not be visible from the public right-of-way or a neighboring property, except as authorized by the city or for collection under this chapter.
(d) It is unlawful for any person to place any garbage, debris, trash or litter upon any private or public property not owned or under the control of that person. In addition to any civil penalty or criminal fine that may be imposed for violation of any provision of this section, that person shall be liable for all costs that may be assessed pursuant to this article for the removal of the garbage, debris, trash or litter.
(e) Nothing in this section shall prohibit the outside storage of materials specifically permitted under the zoning code, and arranged in accordance with the provisions of and covered under a permit issued in accordance with the permit requirements of the city code. Exterior storage of materials for work that does not require a permit is limited to 60 calendar days. Dated photos of such storage are prima facie evidence for enforcement purposes.
(2) No person shall deposit in or allow to be deposited, sweep upon, or permit to drain into any public right-of-way, natural terrain feature, river bed or wash, or any public place of the city, any garbage, debris, trash or litter, obstruction, or similar matteror any hazardous material offensive to sight or smell or that impedes passage or is detrimental to public health, except when authorized by the city.
(3) It is unlawful to store, keep or maintain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under the control of any person, and in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other appliance or container with an airtight door or lid, snaplock or other locking device that may not be released from the inside, without first removing the door or lid, snaplock or other locking device from the icebox, refrigerator or container. This division shall not apply to appliances used for animal or livestock purposes, with a latch or lock on the outside requiring a key or combination access.
(4) (a) It is unlawful for any business, corporation, firm or person to fail to provide approved litter or trash receptacles for the containment of litter and trash generated within or upon their premises, or to allow litter or trash from approved receptacles to become windblown and be disbursed about the area.
(b) It is unlawful for any property owner, agent or contractor to cause, maintain, permit or allow to be caused, maintained or permitted any accumulation of any litter or debris on any construction or demolition site, before, during or after completion of the project, to become windblown and carried from the site, or deposited upon any alley, street, public place or private property.
(5) It is unlawful to allow the accumulation of putrid, unsound or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish or fowl, butcher’s trimmings and offal, or any waste vegetable or animal matter in any quantity, garbage, animal or human excreta, sewage, or other offensive substances; provided that nothing herein contained shall prevent the temporary retention of waste in receptacles in the manner approved by the Pinal or Maricopa County Health Officer or other ordinances of this city.
(B) Vehicles.
(1) Except as provided for in other regulations, no inoperable vehicle or junk vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. This applies to all residential districts, and MHP, RVP, MPC and PI districts.
(2) Performance of minor vehicle repairs is not prohibited within residential districts, except where not allowed under covenants, conditions and restrictions “CC&R,” homeowners’ association “HOA” rules, or by the owner or management of a multifamily property.
(3) Major vehicle repairs shall be conducted inside a garage or an approved structure.
(4) (a) All vehicle repairs performed must be customary and incidental to the principal use of the property.
(b) Any vehicle undergoing repair must be titled to the owner or occupant of the property.
(c) Only 1 vehicle may be undergoing repair at 1 time.
(d) Vehicle repairs shall not exceed 10 calendar days, unless performed inside a garage or other approved structure.
(e) The painting of vehicles or other parts thereof in any residentially zoned district is prohibited, unless performed inside a legally permitted and inspected spray booth.
(f) While conducting vehicle repairs, it is the property owner’s responsibility to ensure that any and all fluids are not discharged into the stormwater drainage system or soil.
(5) It shall be unlawful for any person to display any vehicle or boat for sale, rent or lease on undeveloped property, and no owner or occupant of undeveloped property shall allow or permit such displays.
(6) The display of 1 vehicle or boat for sale is permitted at a residence when the vehicle is titled to the owner or occupant of the property, and is not being sold in connection with an automobile sales business. No more than 3 vehicles or boats may be displayed for sale at the same residence within a 12-month period, and only 1 vehicle or boat shall be displayed for sale at 1 time.
(7) For all developments other than residential buildings with 4 or fewer units, affected surfaces subject to the dustproofing requirement include any areas utilized for parking, maneuvering or ingress and egress of on- or off-road vehicles. Access lanes and working surfaces for vehicles shall qualify as affected surfaces. All parking, maneuvering, ingress and egress areas at developments other than residential buildings with 4 or fewer units must be maintained with 1 or more of the following permanent dustproof paving methods:
(a) Paving with asphaltic concrete;
(b) Paving with Portland cement-based concrete;
(c) Surfacing with a penetrating asphalt and a gravel surface known as chip sealing;
(d) Surfacing with, and uniformly maintaining a 2-inch-deep layer of rock having a nominal size of 1/4-inch or larger;
(e) Surfacing with a 2-inch-deep layer of recycled asphalt;
(f) Surfacing with any other dustproof paving treatment method that has been approved by the Development Services Director or his or her designee.
(8) Undisturbed surfaces at developments other than residential buildings with 4 or fewer units shall be exempt from the dustproofing requirements of this section, but only if those undisturbed surfaces are fenced or otherwise clearly delineated from affected surfaces by means of a fence or other physical barrier. Delineated, long-term storage stalls, where a vehicle, trailer or other item is stored and not normally removed and replaced more than once in a 60-day period, shall also be considered undisturbed surfaces.
(9) Any dustproofing shall be maintained in a manner that prevents visible track-out.
(10) (a) For any residential property with 4 or fewer units, affected surfaces subject to the stabilization requirement include any areas in a front yard utilized for parking, maneuvering or ingress of on- and off-road vehicles. All parking, maneuvering, ingress and egress areas that are 3,000 square feet or more in size, at residential buildings with 4 or fewer units, must be stabilized with 1 or more of the following methods:
1. Paving with asphaltic concrete;
2. Paving with Portland cement-based concrete;
3. Surfacing with a penetrating asphalt and a gravel surface commonly known as chip sealing;
4. Surfacing with, and uniformly maintaining a 2-inch-deep layer of rock having a nominal size of 1/4-inch or larger;
5. Surfacing with a 2-inch-deep layer of recycled asphalt; or
6. Surfacing with any other surface treatment that has approved by the Development Services Director or his or her designee.
(b) Any stabilization shall be maintained in a manner that prevents visible track-out over 10 feet in length.
(c) Undisturbed surfaces at a residential property with 4 or fewer units shall be exempt from the stabilization requirements of this section, but only if those undisturbed surfaces are fenced or otherwise clearly delineated from affected surfaces by means of a fence or other physical barrier. Even if not physically delineated, long-term storage stalls where a vehicle, trailer or other item is stored and not normally removed and replaced more than once in a 30-calendar-day period shall also be considered undisturbed surfaces. Access lanes to such long-term storage stalls shall similarly qualify as undisturbed surfaces.
(11) Vehicle parking shall not be allowed on an unpaved, unstabilized, and/or undeveloped lot. For purposes of this limitation, adjoining, commonly-owned parcels shall be deemed a single lot.
(C) Land maintenance and weeds.
(1) (a) All persons owning or occupying land or places of business within the city shall keep the sidewalk or public places fronting or bordering their property free of weeds or grass in excess of 10 inches, or when such conditions create a blighting condition.
(b) Any landscaping, visible from public property or from beyond the lot boundaries, that is dead, damaged or characterized by uncontrolled vegetation, or presents a deteriorated or slumlike appearance, is uncared for and any weeds, tall grass, shrubs or growth (whether growing or otherwise) higher than 10 inches, or any dead trees, bushes, shrubs or portions thereof, including stumps, or any palm or similar type tree having dead or dry fronds descending downward from the base of the lowest living frond more than 8 feet, or dry fronds longer than 5 feet and closer than 8 feet to the ground, shall be removed and disposed of in a lawful manner.
(2) No owner or occupant of land shall allow or permit trees, shrubs, or plant growth on that land to impede, obstruct, or interfere with vehicular or pedestrian passage on any street, sidewalk or alley within the city, or allow such overgrowth to interfere with the visibility of passing traffic or obstruct traffic control devices or signals.
(3) No owner or occupant of land within the city shall allow plant growth that is dead, or so dry as to be readily flammable or combustible on such land that may constitute a fire hazard or other threat to the public health or safety.
(4) No person shall offer to sell, sell or plant any male mulberry tree (morus alba) or olive tree (olea europea) in the city unless it is one of the nonpollinating varieties of such trees.
(D) Exterior building, structures and signage.
(1) It shall be unlawful for an owner or occupant to fail to properly maintain, repair or replace the exposed exterior surfaces of a building or structure, including siding, stucco, brick, stone, wood, exterior windows, doors, canopies, metal awnings, roofs, exhaust ducts, chimneys, painted surfaces, window screening, fences, retaining walls, foundations, cooling devices, outdoor stairs, porches and railings as visible from the adjacent public place, public right(s)-of-way or neighboring property. In addition, all premises shall be structurally sound and impervious to moisture and weather elements.
(a) Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
(b) Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
(c) Every handrail and guard shall be firmly fastened and capable of supporting normally a imposed loads, and shall be maintained in good condition.
(2) (a) All buildings, structures, accessory structures, detached garages, fences, walls and storage structures shall be maintained in a structurally sound condition, free from blight and in good repair, and must not be erected, altered or occupied contrary to applicable law. Sleeping or living in an accessory structure, which is not a legal accessory dwelling unit or residential addition, is contrary to applicable law.
(b) Upon issuance of a stop work order, no person shall continue any work on any building, structure, accessory structure, detached garage, fence, wall or storage structure erected, altered or occupied contrary to applicable law.
(c) No person shall cause, allow, leave or permit to be, or remain in or upon any private lot, building, structure or property any insect, bee, wasp, pigeon, rat, rodent or any vector or vermin infestation of any kind. All premises shall be kept free from the presence or apparent evidence of insects and rodent infestation, other noxious pests, nesting places and any other unsightly or unsanitary condition that could harbor insects, rodents or other vector or vermin.
(d) No person shall cause, allow or permit any condition or place in populous areas that constitutes a breeding place for flies, rodents, mosquitoes and other insects that are capable of carrying and transmitting disease-causing organisms to any person or persons, or any condition or place that constitutes a feral colony of honeybees that is not currently maintained by a beekeeper, and that poses a health or safety hazard to the public.
(3) It is unlawful for any person to erect or maintain within the city any fence that is, or may be, dangerous to persons, children or animals due to its design, construction, materials, maintenance or placement.
(4) It shall be unlawful to allow any swimming pool or similar body of water to stagnate, or, to be left untreated, allowing for the growth algae, and thereby become polluted or offensive to the senses and unsafe for its intended use. No person shall allow any swimming pool, architectural pool, pond or spa to remain or be maintained in a condition that may breed insects or result in insect or other infestations; become polluted or stagnant; or create a blighting condition.
(a) No person shall permit or cause the discharge of water from any swimming pool, architectural pool or spa into any public street, alleyway, rights-of-way or any abutting or adjacent public or private property.
(b) 1. Private swimming pools, hot tubs and spas, containing water more than 18 inches (457 mm) in depth shall be completely surrounded by a fence or barrier, not less than 60 inches (1,524 mm) in height above the finished ground level, measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is not less than 54 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
2. Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
(5) No person shall attach or place signs on any right-of-way, alleyway, or to any public or private utility pole or structure, streetlight, traffic control device, tree, fence, fire hydrant, fire escape, building access ladder, bridge, curb, sidewalk, park bench or other location on public property, except for official government signs, signs for city-sponsored events and signs permitted by state law.
(6) Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not less than 4 inches (102 mm) in height, with a minimum stroke width of 0.5 inch (12.7 mm).
(E) Vacant buildings and land.
(1) All vacant or abandoned buildings, structures or portions thereof, shall be secured at all points of ingress and egress and maintained against unauthorized entry at all times. Any dangerous, deteriorated, abandoned, partially destroyed or unfinished building, addition, appendage or other structure, or any building in violation of this chapter and in any provision under Vol. I, Chapter 7, and any vacated or abandoned building not securely closed at all times, shall be secured. Any wood, metal or other material used for securing a vacated or abandoned building must be the same color as the building.
(2) Any vacant lot or land, which has been used for dumping on more than 2 occasions within a 24-month consecutive period, shall be secured to prevent future occurrences of dumping. Methods of securing vacant lots or lands may include any of the following: permanent fencing; ditch and berm; placement of 4-foot-high barrier posts at 4-foot intervals; and other equally effective methods. Signs stating “No Dumping” shall be erected in accordance with the same state laws relating to “No Trespassing” signage. The required signage must be a minimum of 12 by 18 inches in size, with two 3-inch lettering mounted on durable-grade vinyl, aluminum, fiberglass or similar substrate. The signage must be mounted on a steel support post, a minimum of 1½ inches in diameter, and placed a minimum of 18 inches in the ground. Metal fasteners must be used to anchor the signage to the support post.
(3) It is unlawful to maintain any privy, vault, cesspool, septic system, sump, pit, private drain, or like place or thing that is not securely protected from insects or rodents, or that is foul, malodorous, nauseous or offensive to the senses.
(F) Individual property inspections.
(1) For individual residential rental properties, the city may conduct interior inspections if an exterior inspection of the property reveals, or if the property is found to have any of the following:
(a) Conditions that materially affect the health and safety of the occupants as prescribed by § 9-1-3(G).
(b) A significant level of crime associated with the property.
(c) A documented history of building code violations.
(d) The owner repeatedly fails to comply with building code enforcement requirements imposed by the city.
(e) There is probable cause that the residential rental property is not in compliance with the city’s building code.
(f) A complaint is received from a lawful tenant or consent for inspection is given by the owner of record, agent or property manager, a lawful resident or a lawful tenant of the residential rental unit.
(2) If the city determines, pursuant to division (G) of this section, that an interior inspection is reasonably necessary and the property’s tenant has vacated the premises, the city may require an additional inspection and approval by the city before a new occupancy is permitted.
(3) Before entry, the city shall receive consent of the owner of record or a lawful tenant, or on issuance of a warrant. A LAWFUL TENANT is a tenant that presents an executed lease and is not late in the paying of rent.
(G) Residential rental dwelling unit conditions. For the purposes of this chapter, a condition that materially affects the health and safety of the occupants of a residential rental dwelling unit includes any of the following conditions.
(1) Inadequate sanitation, ventilation or space requirements, including the following:
(a) Lack of or inadequate water closets, lavatories, bathtubs or showers.
(b) Lack of a required kitchen sink or a kitchen sink that does not comply with the building code of the city or town in which the property is located.
(c) Lack of hot and cold running water to plumbing fixtures.
(d) Lack of adequate heating and cooling.
(e) Lack of or improper operation of required ventilating equipment, or broken or missing windows or doors that create a hazardous condition or a potential attraction to trespassers.
(f) Lack of minimum amounts of natural light and ventilation as required by the building code.
(g) Inadequate room and space dimensions as required by the building code.
(h) Lack of adequate electricity and lighting as required by the building code.
(i) Infestation of insects, vermin or rodents.
(j) Lack of connection to a sewage disposal system as required by the building code.
(k) Lack of adequate garbage and rubbish storage and removal facilities.
(2) Structural hazards, including the following:
(a) Significantly deteriorated or inadequate foundations, or foundation areas that are not provided with adequate drainage.
(b) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(c) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
(d) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that significantly sag, split or buckle due to defective material or deterioration.
(e) Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration, or that are of insufficient size or strength to safely carry imposed loads.
(3) Hazardous wiring that does not conform with the building code, or that has not been maintained in good condition, or both, and that is not being used in a safe manner.
(4) Hazardous plumbing that does not conform with the building code, or that has not been maintained in good condition, or both, and that is not free of cross-connections and siphonage between fixtures.
(5) Hazardous mechanical equipment, including vents that do not conform with the building code, or that have not been maintained in good and safe condition and that are not working properly.
(6) Faulty weather protection that may include:
(a) Significantly deteriorated, crumbling or loose plaster.
(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. Use of tarps or other unapproved materials for more than 30 calendar days.
(c) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(d) Broken, rotted, split or buckled exterior wall coverings or roof coverings.
(7) Fire hazards or inadequate fire protection, including:
(a) Any building or portion of a building or any device, apparatus, equipment, combustible waste or vegetation that is not in compliance with the building code, and that is in such a condition as to cause a fire or explosion, or to provide a ready fuel to augment the spread and intensity of a fire or explosion arising from any cause.
(b) Any building or portion of a building that is not provided with fire-resistive construction or fire-extinguishing systems or equipment required by the building code, except those buildings or portions of buildings that conform with all applicable building code laws, and that have fire-resistive integrity and fire-extinguishing systems or equipment that has been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(c) Lack of adequate fire-detection systems as required by law.
(8) Faulty materials or construction that is not specifically allowed or approved by the building code, or that has not been adequately maintained in good and safe condition.
(9) Hazardous or unsanitary premises, including those premises on which an accumulation of weeds, vegetation, refuse, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards.
(10) Inadequate maintenance, including any building or portion of a building that is determined to be an unsafe building in accordance with the building code.
(11) Unhealthy conditions, including any condition as defined in the building code that results in the failure to maintain minimum standards of sanitation, health or safety, or that renders air, food or drink unwholesome or detrimental to health.
(12) Inadequate exits, including all buildings or portions of a building that are not provided with adequate exit facilities as required by the building code, and that have not been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(13) Improper occupancy, including all buildings or portions of a building that are occupied for living, sleeping, cooking or dining purposes and that were not designed and permitted to be used for such occupancies, or that are occupied in excess of the maximum occupancy load allowed by any applicable provision of the building code or state law.
(Ord. 1255, passed 1-3-2006; Am. Ord. 1316, passed 2-19-2008; Am. Ord. 1467, passed 12-4-2018) Penalty, see Vol. I, § 9-1-4