DIVISION 2. NUISANCES AND NOISE1

23-11 Nuisances.

(A)    Anything which is obnoxious to health, or is indecent, or is offensive to the senses, or is an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by any considerable number of persons, or unlawfully obstructs any public street, alley, sidewalk or highway is hereby declared a nuisance and may be abated by order of the City Court. Every person who commits or maintains a nuisance shall be guilty of a misdemeanor.

(B)    Any building, structure or utility determined to be unsafe and an imminent danger to the health, safety or welfare of the citizens of the City of Phoenix by the Superintendent of the Housing Services Division, or any building, structure or lot which is in such a condition as to constitute an imminent danger of fire, as determined by the Fire Marshal, shall constitute a public nuisance, subject to summary abatement, through either repair, cleaning up and removal of offending material, or the prevention of access through boarding up or other appropriate means.

(C)    Should any of the conditions as set forth in section (B) hereof be found to exist by the designated official, such official is hereby authorized to summarily abate the nuisance in one of the manners set forth above and the cost of such abatement shall be certified to the City Treasurer who shall collect the sum due, together with interest thereon at the rate established by law, from the owner of the subject property or the person, or persons, entitled to immediate possession thereof.

(Code 1962, § 27-47; Ord. No. G-1496, § 1)


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Cross referenceAnimals, ch. 8; barking or howling dogs, § 8-2; building regulations, ch. 9; fire prevention, ch. 15; disturbing the peace, § 23-3; solid waste, ch. 27; removal of debris, weeds and other unhealthy or unsafe conditions on streets and sidewalks, § 31-10; hazardous excavations or embankments, § 32A-7; unnecessary vehicle noise, § 36-69; blowing horns or signaling devices, § 36-72; loudspeakers or amplifiers in or on vehicles, § 36-73; trucks causing excessive noise, § 36-88.09; inoperable or unregistered vehicles, § 36-161 et seq.; neighborhood preservation, ch. 39.

State Law referenceAuthority to define and prevent nuisances and noise, A.R.S. §§ 9-499.01, 9-240(B)(13), 9-276(A)(2), (A)(16); criminal nuisances, A.R.S. § 13-2908; public nuisances, A.R.S. § 13-2917.