For purposes of this chapter, the following terms shall have the definitions provided below, provided, however, where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Pluming Code, International Mechanical Code, or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes:
Abandoned property. The word “abandoned” is hereby defined as voluntarily relinquished by the owner for an apparently indefinite period of time. As applied to motor vehicles or other articles of property, the term includes, but is not limited to, any motor vehicle or other article of personal property which is left upon the public or private property without the consent of the public entity, owner, lessee, or occupant thereof for longer than two (2) hours.
Abandoned structure. An “abandoned structure” is hereby defined as any structure that is in a partially dismantled state, and which remains uninhabitable for more than twelve (12) consecutive months and there is no active building permit for work to the structure or which remains uninhabitable for more than thirty (30) months, even if there is an active building permit for work to the structure; and one of the following conditions exists:
a. The structure’s roof or any part thereof is missing, or
b. Any outside wall of the structure or portion thereof is missing, including any windows that are missing, or the structure is not dried-in.
Abate. Correct, including, but not limited to, repair, rehabilitate, demolish, or remove.
Accessory improvements. Improvements to land other than buildings, including, but not limited to, driveways, parking areas, pools, bridges, monuments, signs, sidewalks, walkways, exterior steps, railings, fences, screening walls, and retaining walls.
Acceptable indoor air quality. Air in which there are no known contaminants at harmful concentrations.
Addition. An extension or increase to floor area or height of a building or structure.
Aggregate Material. Any rock fragments, pebbles, sand, gravel, cobbles, crushed base, asphalt, dirt or similar material.
Air Pollution. No emission shall be permitted which can cause damage to health, animals, vegetation, or other forms of property, or which can cause any excessive soiling.
Alter or alteration. Any change in construction or a change in occupancy. Where the term of alteration is applied to a change of construction, it is intended to apply to any change, addition, or modification in construction. When the term is used in connection with a change of occupancy, it is intended to apply to changes of occupancy from one trade or use to another.
Attractive Nuisance. The maintaining of a condition, instrumentality, machine, or other agency that is dangerous to young children because of a child's ability to appreciate peril and which may be reasonably expected to attract them.
Bathroom. A room containing plumbing fixtures including a bathtub or shower.
Bedroom. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
Blight or Blighted. Unsightly, unsafe, or unsanitary conditions including, but not limited to, the accumulation of litter or debris; fences, buildings or other structures that have holes, breaks, rot, crumbling, cracking, peeling, or rusting; landscaping that is dead, damaged, or has uncontrolled growth or lack of maintenance; any other similar conditions of neglect, excessive use, decay, degeneration, infestation, disrepair and deterioration that contribute to the depreciation of neighborhood property values or affect the health, safety, economic, aesthetic, or general welfare of citizens.
Building. Any structure, either temporary or permanent, having a roof, supported by columns or walls, and use or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This shall include tents, awnings, or vehicles situated on private property and used for the purposes of building.
Closed container. A container designed for transporting loose material such as garbage, refuse, or aggregate material with sides, top, and bottom made of solid and durable material such as metal or plastic, which will resist normal wear and tear and without any holes, cracks, or openings through which materials containing therein may escape, regardless of the degree to which the container is filled.
Compliance order. An order notifying the recipient that he or she is subject to civil or criminal prosecution for a violation of this chapter unless the violation is corrected.
Debris. Junk, including, but not limited to, lumber, furniture, furniture parts, stoves, sinks, cabinets, household fixtures, refrigerators, car parts, equipment that is abandoned, broken, or neglected, or the scattered remains of something of little or no apparent economic value.
Designee. A person authorized in writing by the City Manager to carry out specific actions to enforce this chapter.
Deteriorated or Deterioration. A lowering in quality in the condition or appearance of a building, structure, or parts thereof. The fact or process of decay or degeneration, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, vermin infestation, unsafe or unsanitary conditions, or any other evidence of physical decay or neglect.
Dwelling unit. An enclosed space of one or more rooms providing for complete independent living facilities for one family including permanent provisions for living, sleeping, sanitation, and kitchen facilities.
Exterior surface. Building exterior surfaces and attachments to buildings, including, but not limited to, walls, roofs, doors, windows, gutters, down spouts, antennas, fixtures, satellite dishes, porches, garages, patios, and chimneys.
Garbage. Any 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.
Guard. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
Graffiti. Any unauthorized inscription, figure, drawings or other defacement that is written, marked, scratched, carved, painted or otherwise affixed to any exterior building surface, unscreened area, accessory improvement, or vehicle in a place which can be seen by the public and that degrades the beauty and appearance of property.
Habitable space. A space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, screen enclosures, sunrooms, storage or utility space and similar areas are not considered habitable space.
Hearing Officer. The administrative appeals officer appointed by the City Council.
Housekeeping unit. A room or group of rooms forming a single habitable space equipped and intended to be used for living, cooking, sleeping and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
Imminent danger. A condition that could cause serious or life-threatening injury or death at any time.
Infestation. The presence or apparent presence of insects, rodents, birds, animals, or other noxious pests of a kind or in a quantity that may have an adverse affect upon a building or structure or upon the health, safety, aesthetics, or general welfare of citizens.
Inoperative vehicle. The word “inoperative” is hereby defined as not in working condition as designed, or incapable of being operated lawfully. For example, without limiting the meaning of the term, a motor vehicle designed to be operated upon the public streets shall be deemed inoperative if a tag with a current registration (also known as a license plate) of a kind required under Arizona law as a condition of operation upon the public streets is not affixed thereto, or if one (1) or more parts which are required for the operation of the vehicle are missing or not attached to the vehicle as designed; provided, however, that the following shall not be considered inoperative:
a. A motor vehicle not in working condition or incapable of being operated lawfully kept on residentially zoned property or the property of a residential use for not more than thirty (30) days, unless kept in a garage or under a carport;
b. A motor vehicle not in working condition or incapable of being operated lawfully, kept in a garage or under a carport;
c. A motor vehicle not in working condition or incapable of being operated lawfully on residentially zoned property or the property of a residential use as long as said vehicle is covered by a cover designed and manufactured to cover said vehicle and said cover is maintained in a clean and reasonable manner; or
d. A motor vehicle not in working condition or incapable of being operated lawfully kept upon nonresidential property where the owner or tenant is authorized by the city for the service or storage of motor vehicles.
e. Only one (1) such vehicle, which meets the above exceptions, excluding nonresidential properties licensed for the service or storage of motor vehicles, may be permitted per address or property.
Labeled. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that’s maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.
Land. All land in the city whether improved or unimproved.
Litter. All putrescible and nonputrescible solid waste consisting of both combustible and noncombustible wastes including, but not limited to, ashes, street cleanings, garbage, rubbish, dead animals, abandoned or junked vehicles or parts thereof, solid market and industrial waste, paper, rags, empty barrels, crates, packing cases, excelsior, packing material, wrappings, cigarettes, cardboard, cans, yard clippings, leaves, metal, mattresses, bedding, crockery, trash, boxes, bottles, glass, cartons, refuse, plaster, plastic, asphalt, tile, rock, bricks, concrete dribble, or other materials tending to create an unsightly condition and having an adverse effect upon the health, safety, economic, aesthetic, or general welfare of adjoining properties or occupants thereof.
Notice to Abate. A notice issued to a property owner concerning violation of this chapter.
Noxious Weed. Any species of plant which is, or is liable to be, detrimental or destructive and difficult to control or eradicate and shall include any species that the Arizona Department of Agriculture, after investigation and hearing, determines to be a noxious weed.
Nuisance. Any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
a. Injures or endangers the comfort, repose, health or safety of others;
b. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
c. In any way renders other persons insecure in life or the use of property; or
d. Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
Occupancy. The purpose for which a building, or part thereof, is used or intended to be used.
Occupant. An occupant is the individual or individuals in actual possession of the premises. Any person, permittee, licensee, or franchisee that places or maintains facilities in the city streets and public ways.
Openable area.That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
Owner. The owner of fee title to the property in question.
Person. Any person, firm, partnership, association, social or fraternal organization, corporate, estate, trust, receiver, syndicate, branch of government, or any other group or combination of acting as a unit.
Polluted. A condition that exists in the water and is characterized by bacterial growth, algae, insect infestation, the remains of litter, debris, garbage, or any other foreign matter of which because of its nature or location, constitutes an unhealthy, unsafe, or unsightly condition.
Pool. A constructed or excavated exterior area designed to contain a regular supply of water.
Premises. A lot, plot or parcel of land, easement or public way, including any structures thereon.
Private property. Any real property not owned by the federal government, state, county, city, or political subdivision of the state.
Public way. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
Refuse. Solid waste, including garbage.
Rooming house. A building arranged or occupied for lodging with or without meals, for compensation and not occupied as a one- or two-family dwelling.
Rooming unit. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
Sleeping unit. A room or space in which people sleep which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
Slum property. Residential rental property that has deteriorated or is in a state of disrepair and that manifests one (1) or more of the following conditions that are a danger to the health or safety of the public:
(a) Structurally unsound surfaces, roof, walls, doors, floors, stairs, stairwells, porches or railings.
(b) Lack of potable water, adequate sanitation facilities, adequate water or waste pipe connections.
(c) Hazardous electrical system or gas connections.
(d) Lack of safe, rapid egress.
(e) Accumulation of human or animal waste, medical or biological waste, gaseous or combustible materials, dangerous or corrosive liquids, flammable or explosive materials or drug paraphernalia.
Smoke. No emission of smoke from any source shall be permitted to exceed a greater density than the density described as No. 1 on the Ringleman Chart. However, smoke may be emitted, which is equal to but not darker than No. 2 on the Ringleman Chart, for not more than four minutes in any eight hour period. For the purpose of grading the density of smoke, the Ringleman Chart, as published by the U.S. Bureau of Mines shall be the standard. All measurements shall be taken at the point of emissions of the smoke.
Store. The parking, leaving, locating, keeping, maintaining, depositing, remaining, or having a physical presence.
Structure. A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.
Tenant. A person who rents, leases or subleases, through either a written or oral agreement, real property from another for a fixed time.
Toilet room. A room containing a water closet or urinal but not a bathtub or shower.
Vegetation. Plant growth, whether living or dead, characterized by grass, weeds, bushes, cactus, or trees.
Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracts.
Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from any space.
(Ord. 2015-009, passed 12-17-15; Am. Ord. 2018-003, passed 2-8-18)