a. The owner, lessee or other person in control of any land abutting a sidewalk, alley, or street shall maintain such sidewalk, alley, or street on which such land abuts in a clean condition in such a manner as to be free from:
1. Litter, garbage, debris, rubble;
2. Insect and rodent infestation;
3. Overgrown vegetation, dead trees, brush, and weeds; and
4. Other conditions that present a health, fire or safety hazard.
b. Areas required to be maintained pursuant to this section are as follows:
1. Any portion of a street, which has been opened for public use, between the curbline and the abutting property line including sidewalks; provided that the owner, lessee, or other person in control of any land utilized for single-family or multifamily dwelling(s) shall only be required to maintain areas not within major streets as shown on the minimum right-of-way standards map and which are within twenty-five feet of the abutting property line.
2. One-half of the width of abutting alleys from the property line to the centerline of the alley.
3. Any portion of a street abutting the boundaries of a parcel of land, which street has not been opened for public use, shall be maintained by those persons who dedicated the street or their successors in interest, including lessees and other persons in control of the land abutting the street; provided, that if the abutting land on either side of such street is owned by different persons and each person has an obligation to maintain the street hereunder, then the owner, lessee or other person in control of the land shall only be required to maintain one-half of the width of the street abutting their land.
c. In the event that any person does not comply with the terms of this section, a notice in writing ordering compliance within thirty days of its receipt shall be served by certified mail or in person by an authorized representative of the Neighborhood Maintenance and Zoning Enforcement Division of the Neighborhood Services Department.
d. Any person who fails to comply with the provisions of this section is subject to the following sanction and penalty. These remedies are cumulative and the City may proceed under either or both of them:
1. If the owner, lessee, or other person in control of the abutting land, after receiving written notice ordering compliance, fails to comply within the prescribed time, such person is subject to a civil sanction of not less than fifty dollars nor more than two thousand five hundred dollars.
2. If the owner, lessee, or other person in control of the abutting land, after receiving written notice ordering compliance, fails to comply within the prescribed time, such person is guilty of a Class 1 misdemeanor. No criminal complaint shall be filed prior to the passage of ninety days from the issuance of the notice ordering compliance.
3. The owner of record of the land, as reflected in the Maricopa County Recorder’s office, upon which a violation of this ordinance exists shall be presumed to be a person having lawful control over such parcel of land. If more than one person shall be reflected as the owner of the land, said persons shall be jointly and severally presumed to be persons having lawful control over such parcel of land. This presumption shall not prevent enforcement of the provisions of this ordinance against any person specified in subsection (C) of this section.
4. Jurisdiction of all proceedings to enforce the provisions of this ordinance shall be in the Municipal Court of the City of Phoenix. Civil actions to enforce this ordinance may be adjudicated by a judge or a court hearing officer. (Code 1962, § 35-7; Ord. No. G-1387, § 1; Ord. No. G-3668, § 1)