Chapter 16
NEIGHBORHOOD PRESERVATION*

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*   Editors Note: Ord. No. 9816, §§ 1--13, adopted Feb. 24, 2003, repealed various provisions of Chs. 6, 11 and 15. Section 15 of said Ord. No. 9816 enacted provisions designated as a new Ch. 16 to read as herein set out. The disposition of former Code sections and their respective new designations is as shown below:

NEIGHBORHOOD PRESERVATION ORDINANCE DISPOSITION TABLE

Showing where the subject matter of former sections of the Tucson City Code is incorporated in the Neighborhood Preservation Ordinance, effective _____________, 200__.

Former section(s)	Subject matter	New section(s)
6-66--6-68	Dangerous buildings and slum property	16-12; 16-14; 16-20--16-28
6-71--6-73	Minimum housing requirements	16-11; 16-12
11-46	Public nuisance	16-34
11-65	Junked motor vehicles	16-15
11-71--11-84	Noise	16-31
11-130--11-135	Graffiti	16-30
11-140--11-145	Loud or unruly gatherings	16-32
11-170--11-170.3	Registration of residential rental properties	16-20,16-21
15-7--15-10	Accumulation of refuse and vegetation; illegal dumping and littering; persons liable; duty to remove weeds and refuse from abutting sidewalks, streets and alleys; abatement by city; composting; and burning of refuse	16-13; 16-33
15-75	Placing rubbish, trash, filth or debris upon the property of another or public property	16-33

 

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Art. I.   General Provisions, §§ 16-1--16-9

Art. II.   Maintenance Standards, §§ 16-10--16-19

Art. III.   Slum Property, §§ 16-20--16-29

Art. IV.   Unlawful Acts, §§ 16-30--16-39.1

Art. V.   Administration and Enforcement, §§ 16-40--16-59

Art. VI.   Abatement, §§ 16-60--16-69

Art. VII.   Administrative Appeals, §§ 16-70--16-79

Art. VIII.   Liability; Conflicts; Severability; Acknowledgement, §§ 16-80--16-99

Article I. General Provisions

Sec. 16-1.   Title.

Sec. 16-2.   Purpose and scope; application of other codes.

Sec. 16-3.   Definitions.

Sec. 16-4.   Permits required.

Secs. 16-5--16-9.   Reserved.

Article II. Maintenance Standards

Sec. 16-10.   Scope.

Sec. 16-11.   Building interior.

Sec. 16-12.   Building and structure exteriors.

Sec. 16-13.   Exterior premises and vacant land.

Sec. 16-14.   Dilapidated structures; vacant and unsecured structures; buildings and structures constituting a nuisance.

Sec. 16-15.   Junked or inoperable vehicles.

Secs. 16-16--16-19.   Reserved.

Article III. Slum Property

Sec. 16-20.   Slum property; definitions.

Sec. 16-21.   Registration of residential rental property.

Sec. 16-22.   Inspection of residential rental property.

Sec. 16-23.   Abatement of slum property.

Sec. 16-24.   Designation of slum property; recordation.

Sec. 16-25.   Notice of designation.

Sec. 16-26.   Appointment of temporary receiver and recovery of costs.

Sec. 16-27.   Recovery of inspection costs.

Sec. 16-28.   Appeal from designation as slum property.

Sec. 16-29.   Licensed property management company; crime free multihousing program; required training.

Article IV. Unlawful Acts

Sec. 16-30.   Graffiti prevention, prohibition and removal.

Sec. 16-31.   Excessive noise.

Sec. 16-32.   Unruly gatherings.

Sec. 16-33.   Placing refuse upon the property of another or public property; illegal littering or dumping prohibited; persons responsible.

Sec. 16-34.   Public nuisance.

Sec. 16-35.   Obstructing streets, alleys or sidewalks prohibited.

Sec. 16-36.   Posting of handbills prohibited.

Sec. 16-37.   Group dwelling public nuisance; abatement.

Sec. 16-38.   Transfer of group dwelling public nuisance property after remediation plan or court order.

Sec. 16-39.   Shopping cart impoundment.

Sec. 16-39.1.   Limitations on yard sales.

Article V. Administration and Enforcement

Sec. 16-40.   Authority to enforce.

Sec. 16-41.   Rules and regulations.

Sec. 16-42.   Authority and inspections; re-inspection fees; appeal.

Sec. 16-43.   Enforcement independent of other provisions.

Sec. 16-44.   Cooperation of other departments.

Sec. 16-45.   Notice of violation.

Sec. 16-46.   Transfer of property after notice.

Sec. 16-47.   Recording a violation.

Sec. 16-48.   Violations and penalties.

Sec. 16-49.   Jurisdiction of court.

Sec. 16-50.   Commencement of civil infraction proceedings.

Sec. 16-51.   Appeal of court decision.

Secs. 16-52--16-59.   Reserved.

Article VI. Abatement

Sec. 16-60.   Court ordered abatement.

Sec. 16-61.   Abatement by the city.

Sec. 16-62.   Temporary abatement.

Sec. 16-63.   Emergency abatement.

Sec. 16-64.   Structures posted as hazardous.

Sec. 16-65.   Abatement by demolition.

Sec. 16-66.   Historic structures.

Sec. 16-67.   Failure to obey abatement order.

Secs. 16-68--16-69.   Reserved.

Article VII. Administrative Appeals

Sec. 16-70.   Availability of administrative appeal.

Sec. 16-71.   Administrative conference.

Sec. 16-72.   Modifications.

Sec. 16-73.   Appeals to the board of appeals.

Sec. 16-74.   Powers, duties and responsibilities of the board.

Secs. 16-75--16-79.   Reserved.

Article VIII. Liability; Conflicts; Severability; Acknowledgement

Sec. 16-80.   Liability.

Sec. 16-81.   Conflict of ordinances.

Sec. 16-82.   Severability.

Sec. 16-83.   Acknowledgement.

Secs. 16-84--16-99.   Reserved.

ARTICLE I. GENERAL PROVISIONS

Sec. 16-1. Title.

This chapter shall be known as the "Neighborhood Preservation Ordinance of the City of Tucson," and may be cited as such, and will be referred to hereinafter as "chapter."

(Ord. No. 9816, § 15, 2-24-03)

Sec. 16-2. Purpose and scope; application of other codes.

   (a)   The purpose of this chapter is to promote and preserve the health, safety and welfare of the citizens of Tucson, Arizona, and to protect residents and neighborhoods against hazardous, blighting and deteriorating influences or conditions that diminish quality of life and contribute to the downgrading of neighborhood property values. This chapter serves these purposes by establishing minimum standards for the condition of the interior of residential buildings; by establishing requirements for maintenance of all residential and nonresidential buildings, structures of whatever kind, and vacant and improved land; and by prohibiting acts and conduct that diminish quality of life. Unless specifically provided otherwise, this chapter shall apply to all buildings, structures and lands within the city without regard to the use or the date of construction, improvement or alteration.

   (b)   This chapter shall be applied fairly, sensibly, consistently, and reasonably to promote the maintenance of all existing buildings and land in the city. The intent is to ensure that individuals and families do not suffer undue hardship.

   (c)   This chapter shall not require changes in existing buildings and utilities when alterations were installed and have been maintained in accordance with the building code in effect at the time of construction or alteration of the subject building or utilities. This subsection does not apply when the building has been determined to be an imminent hazard, unsafe, unhealthy, or deteriorated, when the building has been moved to another location, or in connection with the requirements of section 16-11.

   (d)   Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the building, administrative and technical codes adopted by this jurisdiction and in effect at the time of such repair, addition or alteration.

   (e)   To the extent that any provision of this chapter conflicts with or is preempted by any state or federal law, including state and federal laws concerning the construction and maintenance of manufactured homes and mobile homes, the provision of this chapter shall not apply.

(Ord. No. 9816, § 15, 2-24-03)