Sec. 39-7. Exterior premises and vacant land.
A. General. All land including exterior premises and vacant land, whether improved or unimproved, shall be maintained free from any hazard or accumulation of garbage, debris, rubble, hazardous waste, litter, rubbish, refuse, waste material, or blight, which includes, but is not limited to, graffiti on walls, fences, mail boxes, etc.; bottles; papers; glass; cans; organic or inorganic material; the exterior visible use or display of tarps, plastic sheeting, or other similar materials as flexible or inflexible screening, fencing or wall covering upon a residential lot; an accumulation of inoperable vehicles; discarded, broken, or inoperable appliances; discarded or broken furniture; broken glass; discarded, broken or inoperable equipment; discarded or broken bicycles, electric bicycles, electric scooters, motorized play vehicles, motorized skateboards; an accumulation of vehicle, bicycle, motorized skateboard, motorized play vehicle, electric bicycle, electric scooter or appliance parts; piles of mixed materials; dry vegetation; rags; empty barrels; boxes; crates; packing cases; mattresses; bedding; excelsior; packing straw, packing hay or other packing material; lumber not neatly piled; lumber stored in front yards; scrap iron, tin and other metal not neatly piled or anything whatsoever in which insects, rodents, snakes or other harmful pests may live, breed or multiply or which may otherwise create a fire hazard. A single inoperable vehicle in combination with any of the above described conditions shall be deemed a violation of this subsection. It is an affirmative defense to a violation of this subsection based on the presence of an inoperable vehicle that the vehicle was registered to a resident of the property, that the vehicle was undergoing repair, and that the total period during which the vehicle was inoperable did not exceed 15 days. This affirmative defense may not be raised more than three times in any combination of civil or criminal proceedings in any one calendar year.
B. Streets, Alleys, Easements, and Sidewalks Abutting Land. The owner and any responsible party in control of any land abutting a sidewalk, alley, easement or street shall maintain the sidewalk, alley, easement or street in the same manner as provided in subsections A and D of this section. The areas required to be maintained pursuant to this subsection 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 multi-family 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 25 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. Maintenance of Swimming and Architectural Pools. All swimming and architectural pools and spas shall be properly maintained so as not to create a safety hazard or harbor insect infestation, or create a visible deteriorated or blighted appearance. Water shall not be allowed to stagnate, or to become stale or foul through lack of circulation. The bottom and sides of the pool or spa shall be maintained reasonably free of sediment, dirt, slime and algae. The water shall be sufficiently clear so that the main drain outlet is clearly visible to an adult standing on the pool deck, or sufficiently clear so that a 200 millimeter in diameter secchi disk placed at the bottom of the deepest point of the pool is clearly visible to an adult standing on the pool deck. Fencing or other barriers required for swimming pool and spa enclosures shall be maintained as outlined in the Phoenix Construction Code. The premises shall be free from hazards, including, but not limited to, lack of security, water stagnation, or abandoned pools, regardless of whether or not there is water in the pools. All pools will also be free from visible deterioration or blighted appearance. Ponds shall be maintained and not allowed to stagnate, to become foul, or harbor the breeding of insects.
D. Weeds, Bushes, Trees and Other Vegetation. All exterior property areas shall be kept free from dry vegetation, tumbleweeds, weeds, bushes and tall grass and trees which present a visual blight upon the area, which may harbor insect or rodent infestations and dry vegetation, or which may likely become a fire hazard or result in a condition which may threaten the health and safety or the economic welfare of adjacent property owners or occupants.
The premises shall be free from visual blight; potential fire hazards; dead trees and branches; dead palm fronds within ten feet of the ground, a structure, a fence or wall, or of any combustible other than the tree from which the fronds have grown; lawn grass higher than six inches; tumbleweeds; or weeds higher than six inches tall.
E. Dumping. Vacant lots or lands which have been subject to dumping on more than one occasion shall be secured to prevent future occurrences of dumping. Methods of securing vacant lots or lands may include the following: permanent fencing; ditch and berm; placing four-foot-high posts at four-foot intervals; and other equally effective methods. Signs stating "no dumping" shall be erected in accordance with applicable laws on vacant lots or lands which have been subject to dumping on more than one occasion.
F. Excavations. Excavations and other like or similar conditions must be filled with clean fill. On a temporary basis and no longer than one year, excavations shall be maintained in a secure manner so as to prevent a hazard. An excavation is considered secure when:
1. The excavation is protected by a permanent and complete five-foot minimum height enclosure that surrounds the excavation or property.
2. The excavation is completely and permanently covered, fenced securely or protected in an equivalent manner.
G. Parking areas. Motor vehicles or trailers shall not be parked, maneuvered or stored upon a lot or area within the City that is not dustproof.
1. This subsection shall not be applicable to vehicles or trailers parked in the rear yard of a residential lot that contains one single family or duplex residential unit.
2. It shall be an affirmative defense to a violation of this subsection that the condition of the lot was in compliance with a stipulation made by the Zoning Administrator permitting temporary parking for civic events and that the vehicle was parked by or on behalf of an attendee of such event.
H. The following outdoor storage on residential properties, which is visible from beyond the boundaries of the lot, is prohibited:
1. Any building or landscaping materials.
2. Any machinery, appliances or parts.
3. Any inoperable vehicle visible from beyond the boundary of the property unless:
a. The vehicle is undergoing repair,
b. The total period during which the vehicle is inoperable does not exceed fifteen days, and
c. No more than three incidences of inoperability of any vehicle may occur in any twelve-month period.
4. Any storage within the yard of personal property, including but not limited to any household goods, boxes, or furniture which is not placed for outdoor use, which is visible beyond the boundaries of the property. For purposes of this subsection only, yard does not include that portion of the yard behind the primary structure. (Ord. No. G-3859, § 3; Ord. No. G-4037, § 1, 1997; Ord. No. G-4079, § 5, 1998; Ord. No. G-4266, § 5, 2000; Ord. No. G-4370, § 2, 2001; Ord. No. G-4446, §§ 4, 5, 2002; Ord. No. G-4616, § 1, 2004; Ord. No. G-4715, § 2, 2005; Ord. No. G-5353, § 4, 2009; Ord. No. G-5539, § 1, 2010; Ord. No. G-6008, 2015; Ord. No. G-6967, § 13, 2022; Ord. No. G-7113, § 42, 2023)