Last Modified on 05/07/2009 09:06:00Chapter 31 STREETS AND SIDEWALKS*
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Cross references: Street Transportation Department, § 2-28; Development Advisory Board, § 2-164 et seq.; advertising, ch. 3; permit for placing advertisements or decorations on streets or City property, § 3-8; cable television licenses, ch. 5; industrial gas pipeline license, ch. 5A; telecommunications service providers, ch. 5B; building regulations, ch. 9; use of public property for motion picture or television productions, § 10-59 et seq.; franchises, ch. 16; obstructing streets, sidewalks or other public grounds by injurious, indecent or offensive acts, § 23-9; police line regulations, § 23-21.1; obstructing streets and sidewalks, § 23-25 et seq.; placing nails, broken glass or other objects on streets, § 23-28; solid waste, ch. 27; sewers, ch. 28; sewer service line repair and replacement in public right-of-way, § 28-5.1; subdivisions, ch. 32; trees and vegetation, ch. 34; vehicles and traffic, ch. 36; official traffic barricade manual, § 36-32; operation of vehicle on sidewalk, § 36-63; parades and processions, § 36-77 et seq.; water, ch. 37; Development Services Department fee schedule, app. A.2.
State law references: General authority relative to streets and sidewalks, A.R.S. §§ 9-499.01, 9-240(B)(3), (B)(4), (B)(25), 9-276(A)(1), (A)(2), (A)(6)– (A)(8), (A)(22).
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Article I. In General
Sec. 31-1. Duties of Street Transportation Director generally.
Sec. 31-2. Superintendent of Streets– Office created.
Sec. 31-3. Superintendent of Streets– Street Transportation Director as Superintendent of Streets.
Sec. 31-4. Superintendent of Streets– Delegation of authority.
Sec. 31-5. Reserved.
Sec. 31-6. Repair or repaving of streets; alternative plans, methods or specifications.
Sec. 31-7. Digging ditches across streets.
Sec. 31-8. Reserved.
Sec. 31-9. Building material on streets and sidewalks; right-of-way encroachments prohibited.
Sec. 31-10. Removal of debris, rubbish, weeds, overgrown or dead vegetation, and other unhealthy or unsafe conditions on streets, alleys and sidewalks; notice to abate; penalties.
Sec. 31-11. Goods, merchandise, or other wares on streets and sidewalks.
Sec. 31-12. Reserved.
Sec. 31-13. Obstructing visibility at intersections.
Sec. 31-14. House and building numbers to be displayed.
Sec. 31-15. Reserved.
Sec. 31-16. Street improvement revolving fund– Creation; assets generally.
Sec. 31-17. Street improvement revolving fund– Transfer of funds.
Sec. 31-18. Street improvement revolving fund– Expenditures.
Sec. 31-19. Street improvement revolving fund– Account of anticipated reimbursement; deficits.
Sec. 31-20. Liability of City for damages or injuries arising out of defective or obstructive highways or sidewalks.
Sec. 31-21. Street Classification Map" adopted.
Article II. Street and Sidewalk Vending
Sec. 31-22. Definitions.
Sec. 31-23. Street vending– License required; license display; exemptions.
Sec. 31-24. Street vending– Restrictions.
Sec. 31-24.1. Street vending– Food; special restrictions.
Sec. 31-24.2. Street vending; sporting event vending.
Sec. 31-25. Sidewalk vending prohibited; license agreements.
Sec. 31-26. City Manager authorization.
Sec. 31-27. Reserved.
Sec. 31-28. Reserved.
Sec. 31-29. License applications; display; transfer; information update.
Sec. 31-29.1. Applications; additional requirements.
Sec. 31-30. Licensee license fees.
Sec. 31-31. License and identification card duration; renewal.
Sec. 31-32. License issuance; revocation, suspension; denial; procedure; appeal; consent agreement.
Sec. 31-32.1. Reserved.
Sec. 31-33. Reserved.
Sec. 31-34. Business succession and liability.
Article III. Construction or Removal Generally
Sec. 31-35. Permit– Required; approved by Development Services Director.
Sec. 31-36. Permit– Application.
Sec. 31-37. Permit– Bond.
Sec. 31-38. Permit fee and plan review fees.
Sec. 31-38.1. Waiver of fees.
Sec. 31-38.2. Street name sign installation fee.
Sec. 31-39. Permit– Qualifications of applicant.
Sec. 31-40. Permit– Indemnity provision and insurance required.
Sec. 31-41. Engineering and inspection service of City– Generally; notice to Development Services Department prior to construction.
Sec. 31-42. Engineering and inspection service of City– Refund of applicant's deposit; when allowed.
Sec. 31-43. Driveways– Rules and regulations generally.
Sec. 31-44. Driveways– Duty of Street Transportation and Development Services Directors.
Sec. 31-45. Variances from driveway and alley standards and alley access requirements.
Sec. 31-46. Reserved.
Sec. 31-47. Parking lot construction; use of physical barriers for angular parking.
Sec. 31-48. Time and manner in which all work shall be done.
Sec. 31-49. Restoration of street pavement, curb, gutter and sidewalk.
Sec. 31-49.1. Duty of person to repair street.
Sec. 31-49.2. Liability of person repairing street for defective repair.
Article IV. Sidewalk Construction and Improvement
Division 1. Generally
Sec. 31-50. Grades generally; duty of Street Transportation Director.
Sec. 31-51. Official specifications– Generally.
Sec. 31-52. Official specifications– Street Transportation Director to furnish.
Sec. 31-53. Tree line.
Division 2. Repair
Sec. 31-54. Duties of abutting property owners.
Sec. 31-55. Liability of abutting property owners for defective sidewalk.
Sec. 31-56. Procedure for repairing sidewalks generally.
Sec. 31-57. Repair of sidewalks by City upon failure of abutting property owners.
Sec. 31-58. Service of notice on abutting property owners.
Division 3. Construction
Sec. 31-59. Resolution of City Council to construct.
Sec. 31-60. Notice to abutting property owners.
Sec. 31-61. Duty of abutting property owners; construction by City.
Sec. 31-62. Construction contracts awarded by City.
Article V. Abandonment of Public Rights-of-Way
Sec. 31-63. Definitions.
Sec. 31-64. Disposition of unnecessary public roadways; application to other public uses; sale to abutting owners; vacation with title vesting in abutting owner.
Sec. 31-64.1. Access to public road.
Sec. 31-65. Reservation of easements.
Sec. 31-66. Resolution of disposition; effective when recorded.
Sec. 31-67. Extinguishment of easements.
Sec. 31-68. Abandonment of roadways or utility easements– Application and filing generally; exception.
Sec. 31-69. Abandonment of roadways or utility easements and waiver of federal patent land right-of-way; application and filing; fees.
Sec. 31-70. Abandonment of roadways or utility easements– Application and filing; submission by Development Services Department to certain City agencies before approval or disapproval and establishment of a hearing officer and review process; exception.
Sec. 31-70.1. Federal patent land– Application for waiver of City's interest; requests for exchanges and dispositions.
Article VI. Acceptance of Deposits for Improvement Districts
Sec. 31-71. Deposit of funds.
Sec. 31-72. Funds refundable; acceptance of funds.
Sec. 31-73. Applicability.
Sec. 31-74. Adoption of regulations.
Secs. 31-75– 31-79. Reserved.
Article VII. Temporary Use of Right-of-Way
Sec. 31-80. Authority and administration.
Sec. 31-81. Application and other related fees.
Sec. 31-82. Modification or waiver of fee.
Sec. 31-83. Failure to pay.
Sec. 31-84. Special application processing.
Secs. 31-85– 31-89. Reserved.
Article VIII. Off-Site Improvement Requirements
Sec. 31-90. Scope of article.
Sec. 31-91. Street dedication and improvement requirements.
Sec. 31-92. Modifications.
Secs. 31-93– 31-99. Reserved.
Article IX. Street Improvements Before Development
Sec. 31-100. Definitions.
Sec. 31-101. Street improvements– Assessment policy.
Sec. 31-102. Street improvements– Assessment procedure.
Secs. 31-103– 31-109. Reserved.
Article X. Address Street Painting
Sec. 31-110. Purpose and intent; curbs as including driveways.
Sec. 31-111. Definitions.
Sec. 31-112. License required.
Sec. 31-113. License application; maintenance; copies; denial.
Sec. 31-113.01. Application; additional requirements.
Sec. 31-114. License fee; application fee.
Sec. 31-115. Expiration of license; renewal; destruction of old license and copies; nontransferability.
Sec. 31-116. Duties of licensees.
Sec. 31-117. Curb painting requirements.
Sec. 31-118. Termination of license.
Sec. 31-119. Reserved.
Article XI. Private Streets
Sec. 31-120. Fee schedule.
Article XII. Violations and Penalties
Sec. 31-121. Violations and penalties.
Sec. 31-122. Jurisdiction of Court.
Sec. 31-123. Commencement of civil action.
Sec. 31-124. Admission or denial of allegation; hearing; findings of Court; Civil Sanction.
Secs. 31-125– 31-199. Reserved.
Article XIII. Right-of-Way Management Program
Sec. 31-200. Authority and administration; adoption of Traffic Barricade Manual; definitions.
Sec. 31-201. Temporary traffic control device installation and removal certification.
Sec. 31-202. Temporary traffic control device removal only certification.
Sec. 31-203. Temporary traffic control certification rejection, suspension or termination.
Sec. 31-204. Traffic Barricade Manual violations; Civil Sanctions.
Sec. 31-205. Appeal of certification rejection, suspension or termination.
Sec. 31-206. Civil Action for Right-of-Way Management Program violations and penalties.
Sec. 31-207. Jurisdiction of Court.
Sec. 31-208. Admission or denial of allegation; hearing; findings of Court; Civil Sanction.
ARTICLE I.
IN GENERALSec. 31-1. Duties of Street Transportation Director generally.
The Street Transportation Director shall do and perform all surveying and engineering work for the City pertaining to public rights-of-way. He shall establish the grades of streets, alleys, curbs, paving, sidewalks and ditches and run lines, set stakes and make plats, diagrams and charts thereof whenever required. He shall establish and run the grades and lines of all railways and railway lines whether steam, electric or otherwise and establish the grades and run the lines for all telephone and telegraph lines and electric lines, pipes, conduits, sewers, sewer mains and pipes, water mains and pipes and gas mains and pipes. He shall establish the grades of street crossings and of all City drainage and he shall survey and establish all street and property lines. He shall perform such other duties as may be assigned to him by the City Manager or City Council.
(Code 1962, § 35-1; Ord. No. G-3313, § 1)
Sec. 31-2. Superintendent of Streets– Office created.
There is hereby created the office of Superintendent of Streets.
(Code 1962, § 35-1.1)
Cross references: Administration, ch. 2.
Sec. 31-3. Superintendent of Streets– Street Transportation Director as Superintendent of Streets.
The Street Transportation Director shall hold the additional office of Superintendent of Streets, and perform all duties and exercise all rights attached thereto, as an addition and not a limitation to the duties outlined in Section 31-1 of this Code.
(Code 1962, § 35-1.2; Ord. No. G-3313, § 1)
Sec. 31-4. Superintendent of Streets– Delegation of authority.
A. The Superintendent of Streets is authorized and empowered to delegate to a specified subordinate administrative officer the right and power to stamp the name and position of the Superintendent of Streets on the proper class of documents and papers, which shall have the same force and effect as through the Superintendent of Streets had, in person and by the Superintendent's own act, signed the document or paper.
B. In order to grant an administrative officer the authority set out in this section, the Superintendent of Streets shall file with the City Clerk the name and title of the administrative officer so empowered and the class of documents or papers to which the authority is to apply.
C. By written agreement on file with the City Clerk, the Superintendent of Streets is authorized and empowered to delegate to specified City departments the rights and powers as directed by the Superintendent of Streets to enforce and administer the provisions of this chapter.
(Code 1962, § 35-1.3; Ord. No. G-4514, § 1, passed 6-4-2003, eff. 7-4-2003)
Sec. 31-5. Reserved.
Editor's note: Section 31-5 was repealed; see Ord. No. G-3313, § 1.
Sec. 31-6. Repair or repaving of streets; alternative plans, methods or specifications.
(a) In ordering the whole or any part of any street, avenue, lane, alley, court or place within the City to be paved or repaved, capped or recapped, surfaced or resurfaced, the work thereof shall be performed according to any of several alternative plans and specifications, in accordance with any one of such several alternative methods, classes or kinds of construction and calling for any of several alternative classes and kinds of material to be thereafter determined, as provided by law. Whenever bids are invited for any patented, trademarked or copyrighted type or kind of paving or repaving, capping or recapping, surfacing or resurfacing, bids shall be invited coincident therewith for one or more alternative types or kinds of paving or repaving, capping or recapping, surfacing or resurfacing, for each patented type or kind of paving or repaving, capping or recapping, surfacing or resurfacing, for which bids are so invited. The alternative types or kinds of paving or repaving, capping or recapping, surfacing or resurfacing, shall not be patented, copyrighted or trademarked. The alternative types or kinds of paving or repaving, capping or recapping, surfacing or resurfacing, shall have similar physical properties and be of equal thickness as the patented, trademarked or copyrighted type or kind of paving or repaving, capping or recapping, surfacing or resurfacing, for which it serves as the alternate.
(b) The process or procedure of manufacture of such alternate types or kinds of paving or repaving, capping or recapping, surfacing or resurfacing, shall not be patented, trademarked or copyrighted and the materials employed in the manufacture or application of the alternate types or kinds shall not be restricted by or be subject to the payment of any premium, royalty or license fee.
(Code 1962, § 35-3)
Sec. 31-7. Digging ditches across streets.
All persons are prohibited from making any ditch in or across any street or alley in the City except under the direction of the Street Transportation Director.
(Code 1962, § 35-4; Ord. No. G-3313, § 1)
Cross references: Excavations in streets, § 23-26.
Sec. 31-8. Reserved.
Editor's note: Ord. No. G-5198, § 1, adopted 7-2-2008, eff. 8-1-2008 repealed § 31-8 in its entirety. Former section pertained to discharging water into streets or sidewalks prohibited without permission of the Water and Wastewater Director and derived from Code 1962, § 35-5; Ord. No. G-3313, § 1; Ord. No. G-3351, § 1.
Sec. 31-9. Building material on streets and sidewalks; right-of-way encroachments prohibited.
A. It shall be unlawful for any person to drop, place or leave any brick, stone, gravel, sand or building material of any kind or nature on any public street, alley or sidewalk in the City or to permit any person in such person's employ to drop, place or leave any brick, stone, sand, gravel or building material of any kind whatsoever upon any public street, alley or sidewalk, without immediately removing the same except upon permission of the Street Transportation Director.
B. Unless authorized as permitted by this chapter, it shall be unlawful for any person to temporarily or permanently place, construct, maintain or install a minor encroachment in the public right-of-way.
(Code 1962, § 35-6; Ord. No. G-3313, § 1; Ord. No. G-4514, § 2, passed 6-4-2003, eff. 7-4-2003; Ord. No. G-4615, § 1, adopted 6-9-2004, eff. 7-9-2004)
Cross references: Building regulations, ch. 9; leaving building material on street or sidewalk, § 23-25.
Sec. 31-10. Removal of debris, rubbish, weeds, overgrown or dead vegetation, and other unhealthy or unsafe conditions on streets, alleys and sidewalks; notice to abate; penalties.
(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)
Cross references: Nuisances, § 23-11 et seq.; solid waste, ch. 27; trees and vegetation, ch. 34; neighborhood preservation, ch. 39.
State law references: Removal of rubbish, trash, etc., A.R.S. §§ 9-499.1, 9-240(B)(21), 9-499.
Sec. 31-11. Goods, merchandise, or other wares on streets and sidewalks.
It shall be unlawful for any person to drop, place or leave any goods, wares or merchandise or any such property of a movable nature upon any street, alley or sidewalk of the City or permit any person in his employ to drop, place or have any goods, wares or merchandise upon any such public street, alley or sidewalk, without immediately removing the same except as provided in chapter 31, article II herein.
(Code 1962, § 35-8; Ord. No. G-1600, § 3)
Cross references: Businesses, ch. 10; street and sidewalk vending, § 31-22 et seq.
Sec. 31-12. Reserved.
Classification of Intersecting Public Streets* Distance Measured Along Each Street (feet) Local– Local 33 Local– Collector 33 Collector– Collector 33 Collector– Arterial 33 Arterial– Arterial 33 Arterial– Local 15 along local street 33 along arterial street *As defined by the City of Phoenix Street Classification Map.
(b) At all public street intersections in all areas not zoned as residential, there shall be no landscaping higher than three feet, other than a post, column or tree not exceeding one foot in greatest cross-sectional dimension between a height of three feet and a height of ten feet above the established grade of either street within that triangular area (unobstructed sight triangle) formed by the lot lines on the street side of such lot and a diagonal line joining points on such lot lines located at distances from the point of their intersection as provided in subparagraph (a) above. These restrictions shall not apply to structures otherwise permitted by the Zoning Ordinance.
(c) At intersections where over-width right of way exists, the measurement for the unobstructed sight triangle at public street intersections shall be measured from a point seven feet from the back of curb. The unobstructed sight triangle shall be formed by two separate lines parallel to the street property lines, which are offset 7 feet from the back of the street curbs, and joined by a diagonal line connecting the two separate lines at the distance defined in the previous table, and as shown in Illustration 1 below. Over-width right-of-way is defined as the width or right-of-way that exceeds the amount required as shown on the street classification map.
GRAPHIC UNAVAILABLE: Click here
(d) In the event of any violation of this section, and in addition to the penalty set forth in Section 1-5, Code of the City of Phoenix, the City, at the direction of the Street Transportation Director, is authorized, after giving the owner of the real property fourteen days' notice, to go upon said real property and to take any action reasonably necessary to effect full compliance with the provisions of this section, and a fee totaling twice the cost thereof shall be charged against the owner of said real property and shall be a lien against the property from which such obstruction is removed.
(e) The lien created by this section shall run with the land and the City, in its sole option, may record the lien with the County Recorder.
(f) Service of notice. Notice shall be served on the owner, lessee or person occupying such property by the City's authorized representative by personal service in a manner provided in Rule 4(d) of the Arizona Rules of Civil Procedure, or mailed to the owner, lessee or person occupying such property at his last known address or, if unknown, the address to which the tax bill for the property was last mailed. Such mailed notice shall be certified or registered mail. If the owner does not reside on such property, a duplicate notice shall also be sent to him at his last known address or, if unknown, the address to which the tax bill for the property was last mailed. For service of notice under this section the lessee and the occupant of the property shall each be deemed to be the agent of the owner.
(g) An owner, lessee or occupant (hereinafter referred to as appellant) who objects to the notice or to the amount of the charge may obtain a review by filing his objections in writing with the City Auditor Department within the time specified in the notice or no later than thirty days following the day upon which the first billing was mailed to him. The written objection shall include the following:
(1) Statement of the amount under protest;
(2) Statement of the reason why the notice or billing was incorrect and should be adjusted; and
(3) Request for a hearing if one is desired.
(h) The protest shall be assigned to and considered by a hearing officer permanently assigned to such position within the office of the City Auditor, or a person ("hearing officer") designated by the City Auditor. Such hearing officer or designee shall in no event be an employee of the Street Transportation Department.
If a hearing is not requested, a decision will be made on the protest based on the written evidence submitted.
(i) The hearing officer shall provide to the Street Transportation Department a copy of the appellant's protest and shall request from the Street Transportation Department a response to the issues raised. The Street Transportation Department shall submit to the hearing officer, and to the appellant, a written response to the hearing officer's request within thirty days of receipt of such request.
(j) Upon receiving a written request for an extension of time at any time prior to a deadline in this section, the hearing officer shall be empowered to grant extensions of time.
(k) A hearing, if requested, shall be scheduled as soon as practicable after the response in subsection (h) is submitted. The conduct of the hearing will be in accordance with rules and procedures established by the City Auditor. Hearings shall be conducted informally and the rules of evidence shall not apply, except that the decision of the hearing officer shall be made solely upon substantial and reliable evidence. The appellant shall have the opportunity to appear with witnesses and counsel to present information on behalf of the appellant. All expenses incurred in the hearing, including counsel fees, witness fees, mileage, reproduction of documents, and other similar costs, shall be borne by the party who incurred them.
(l) After the hearing on the matter, the hearing officer shall, within thirty calendar days, make a written determination on the evidence presented. The determination shall consist of findings of fact and the disposition of the dispute.
(m) The hearing officer shall be empowered to make a final decision as to the validity of the appellant's objection. If the hearing officer determines the appellant's objection to be valid, the officer shall be empowered to make an appropriate adjustment to the appellant's bill or notice. The determination of the hearing officer shall be final and conclusive between the City and the appellant as to the objection submitted for determination. If the hearing officer determines that an amount is due from the appellant to the City, the amount shall be immediately due and payable upon issuance of the written determination provided in subparagraph (k).
(Code 1962, § 35-10; Ord. No. G-2094, § 1; Ord. No. G-3077, § 1; Ord. No. G-3313, § 1; Ord. No. G-4736, § 1(Exh. A), adopted 9-7-2005, eff. 10-7-2005)
Cross references: Trees and vegetation, ch. 34; zoning, ch. 41.
Sec. 31-14. House and building numbers to be displayed.
Property owners within the City must obtain and display the correct residence, business or other building numbers as assigned to the properties by the Development Services Department and as shown on the map of the Development Services Department. When the property owner requests four or more separate addresses for a single project/parcel within a commercial development, a fee shall be paid as set forth in appendix A.2 of the City Code.
(Code 1962, § 35-11; Ord. No. G-3313, § 1; Ord. No. G-3346, § 3)
Cross references: Building regulations, ch. 9; regulation of business of painting address numbers on curbs, § 31-110 et seq.
Sec. 31-15. Reserved.
Editor's note: Section 31-15 was repealed; see Ord. No. G-1600, § 2.
Sec. 31-16. Street improvement revolving fund– Creation; assets generally.
There is hereby created in the City a special fund to be known as the "street improvement revolving fund," which fund shall consist of money transferred to it by action of the City Council from the post-war public works reserve fund and the motor vehicle fuel tax fund or other funds as may be deemed advisable by the City Council.
(Code 1962, § 35-13)
Sec. 31-17. Street improvement revolving fund– Transfer of funds.
Moneys shall be transferred into the street improvement revolving fund by the City Council upon the recommendation of the City Manager. Money no longer needed for the purposes of the street improvement revolving fund may be transferred only back to the funds from which they were taken by the City Council on the advice of the City Manager.
(Code 1962, § 35-14)
Sec. 31-18. Street improvement revolving fund– Expenditures.
No expenditure shall be made from the street improvement revolving fund for a purpose which would not be legal under the accounts from which the component parts of the fund were taken. Such expenditures shall be limited to making advance payments for deposits as required by law in order to make available to the City federal highway aid grants, rights-of-way or other incidental expenses incurred in road improvement work, which shall be later paid back into the street improvement revolving fund from motor vehicle fuel tax money.
(Code 1962, § 35-15)
Sec. 31-19. Street improvement revolving fund– Account of anticipated reimbursement; deficits.
When funds are taken from the street improvement revolving fund, there shall be set up a receivable account of anticipated reimbursement money from the proper anticipated source. In the event there is for any reason a deficit created in the street improvement revolving fund, such deficit shall be made up by proper appropriation from the general fund.
(Code 1962, § 35-16)
Sec. 31-20. Liability of City for damages or injuries arising out of defective or obstructive highways or sidewalks.
The City shall not be liable nor shall any action be maintained against it for damages for injuries to person or property sustained in consequence of any street, highway, parkway, bridge, culvert, sidewalk or crosswalk being defective, out of repair, unsafe, dangerous or obstructive unless written notice of the defective, dangerous, unsafe, obstructive or unrepaired condition, specifying the particular place, has been given to the Director of Public Works and there has been a failure or neglect to remedy, repair or remove such defect, danger or obstruction complained of within a reasonable time after such notice has been given.
(Code 1962, § 35-17)
Cross references: Risk management, ch. 42.
Sec. 31-21. Street Classification Map" adopted.
"Street Classification Map" means the street classification map in the form that was last adopted and amended by the City Council.
(Code 1962, § 35-21; Ord. No. G-1626, § 1; Ord. No. G-1708, § 1; Ord. No. G-1805, § 2; Ord. No. G-2028, § 1; Ord. No. G-2413, § 1; Ord. No. G-3932, §§ 2, 3, passed 5-29-1996, eff. 6-28-1996; Ord. No. G-4580, § 1, passed 2-18-2004, eff. 3-19-2004)
Editor's note: The Street Classification Map referred in this section is not printed herein. The map is on file in the office of the City Clerk.
ARTICLE II.
STREET AND SIDEWALK VENDING*------------
Cross references: Businesses, ch. 10; mobile vending, § 10-160 et seq.; business succession and liability law, § 13-4 et seq.; privilege and excise taxes, ch. 14; License Appeal Board, § 19-12 et seq.; obstructing streets, sidewalks or other public grounds or free use of property, § 23-9; placing merchandise on streets and sidewalks, § 31-11; vehicles and traffic, ch. 36.
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Sec. 31-22. Definitions.
Block: Shall mean that property abutting one side of a street and lying between the two nearest intersecting streets, or nearest intersecting street and railroad right-of-way, unsubdivided acreage, or waterway.
Child: Shall mean an individual who has not attained the age of fourteen years.
Downtown Vending District: That area of the City of Phoenix bounded on the north by the northern portion of Fillmore Street on the east by the eastern portion of Seventh Street, on the south by the southern portion of Jackson Street and on the west by the western portion of Seventh Avenue.
Food: Shall mean any article sold for human consumption, the sale of which is not prohibited by law.
Person: Shall mean a corporation, firm, partnership, association, organization; or any other group acting as a unit, as well as an individual.
Residential area: Shall mean any street where over fifty percent of the front footage of either side of the block is devoted to single-family and multiple-family dwellings, dormitories, or mobile homes.
Sidewalk: Shall mean that portion of a public right-of-way between the curbline of a street and the adjacent property line, or, if there is no curbline, then "sidewalk" shall mean that portion of a public right-of-way between the lateral boundary line of the pavement of a street and the adjacent property line, or, if there is no pavement, then "sidewalk" shall mean that portion of public right-of-way between the lateral boundary line of the demarcated unsurfaced street and the adjacent property line.
Sidewalk vending: Shall mean peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value upon a sidewalk of the City of Phoenix.
Street: Shall mean any public road, highway, avenue, boulevard, alley and lane within the City.
Street Vending: Shall mean Street Vending– Food and Street Vending– Non-Food.
Street Vending– Food: Shall mean peddling, vending, selling, displaying, or offering for sale any food product or toy between the curblines or, if none, then that portion of the right-of-way between the lateral boundary lines of the demarcated unsurfaced street.
Street Vending– Non-Food: Shall mean peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value, other than a food product or a toy, that occurs between the curblines, or, if none, then that portion of the right-of-way between the lateral boundary lines of the demarcated unsurfaced street.
Street vendor: Shall mean any person engaged in street vending.
Toys: Shall mean those items designed by the manufacturer to be played with by a child which do not consist of or contain an explosive charge or a tube or wick filled with a combustible material and, when used as intended, do not emit smoke or a foul or offensive odor
(Ord. No. G-1600, § 4; Ord. No. G-1796, § 1; Ord. No. G-3683, § 45; Ord. No. G-3836, §§ 2, 3; Ord. No. G-3944, § 1, passed 7-3-1996, eff. 8-2-1996; Ord. No. G-3958, § 1, passed 10-2-1996, eff. 10-2-1996; Ord. No. G-4753, § 1, adopted 11-16-2005, eff. 12-16-2005)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 31-23. Street vending– License required; license display; exemptions.
A. It shall be unlawful for any person to engage in street vending, or to employ or hire another to engage in street vending, without possessing a valid license therefor as provided in this Article. It shall further be unlawful for any person to engage in, or to employ or hire another to engage in, street vending, while that person's street vending license is suspended.
B. No person shall use a vehicle, cart, stand or temporary contrivance while engaged in street vending without displaying thereon, in a conspicuous manner, all applicable licenses issued by the City Clerk in accordance with this Article.
C. The requirements of subsections A and B of this section shall not apply to the display, exhibition, distribution and/or sale of any noncommercial handbill as provided in Chapter 3 of this Code.
(Ord. No. G-1600, § 4; Ord. No. G-3683, § 46; Ord. No. G-3836, § 4; Ord. No. G-3944, § 2, passed 7-3-1996, eff. 8-2-1996; Ord. No. G-4753, § 2, adopted 11-16-2005, eff. 12-16-2005)
Sec. 31-24. Street vending– Restrictions.
Any person engaged in street vending shall be subject to the following restrictions or prohibitions:
1. Parking restrictions. No street vendor shall park a vehicle or series of vehicles or set up a stand or any other movable or temporary contrivance on any public street or alley for more than one hour in any eight-hour period at one location. The parking of a vehicle within three hundred feet of the original location is considered one location. No service to the public shall be made from the street side of the vehicle(s) or stand. The vehicle(s) or stand shall not obstruct the movement of pedestrians or other vehicles using the street or alley or public right-of-way.
2. School zone restrictions. No street vendor shall sell any merchandise or articles from any vehicle, stand or any other movable or temporary contrivance on a public street within six hundred feet of any schoolground between the hours of 7:00 a.m. and 4:30 p.m. School governing boards or administrators may make arrangements to provide vending locations on school property.
3. Downtown Vending District prohibited. Street vending within the Downtown Vending District shall be prohibited.
4. Park street prohibitions. Street vending on a street within a public park shall be prohibited.
5. Streets abutting parks. Street vending on a street abutting a public park shall be prohibited within one hundred fifty feet of a lawfully established park concession.
6. City Manager parade agreements. Street vending during parades within the boundaries and times established by a City Manager parade agreement entered into pursuant to authority granted him under Section 2-1400 shall be prohibited unless the person has the express authorization of the contracting organization.
(Ord. No. G-1600, § 4; Ord. No. G-3093, § 1; Ord. No. G-3700, § 4; Ord. No. G-3836, §§ 2, 5; Ord. No. G-4620, § 3, adopted 6-23-2004, eff. 7-23-2004; Ord. No. G-4753, § 3, adopted 11-16-2005, eff. 12-16-2005)
Cross references: Parks and recreation, ch. 24.
Sec. 31-24.1. Street vending– Food; special restrictions.
A. It shall be unlawful for any person to engage in Street Vending– Food within the City of Phoenix with a motorized vehicle of any description that does not have affixed and operating two outside wide-angle mirrors, one located at the front driver's side directed at the front of the vehicle and one located at the rear driver's side directed at the rear of the vehicle.
B. It shall be unlawful for any person to engage in Street Vending– Food within the City of Phoenix with a motorized vehicle of any description that does not have affixed, in clearly visible letters or numbers of contrasting color and of a height of at least three inches, the following signs:
1. "Watch for Children" on the front and rear of the vehicle.
2. "City of Phoenix Lic. No.," followed immediately by the street vendor's City-issued street vendor license number, on the right side of the vehicle.
3. "City of Phoenix License Inspection Phone No. 602-262-6846," on the right side of the vehicle.
4. The business name provided to the City pursuant to Section 31-29(A) of this Article, on the right and left sides of the vehicle.
C. It shall be unlawful for any person to engage in Street Vending– Food after the later of 7:00 p.m. or sunset and before sunrise.
D. It shall be unlawful for any person engaged in Street Vending– Food to operate a motor vehicle while stopped without that motor vehicle's hazard lights in operation.
E. Street Vending– Food shall be limited to the vending of food items and toys only.
F. This section shall apply only to those street vendors engaged in Street Vending– Food within a residential area.
(Ord. No. G-3944, § 3, passed 7-3-1996, eff. 8-2-1996; Ord. No. G-3958, § 2, passed 10-2-1996, eff. 10-2-1996; Ord. No. G-4753, § 4, adopted 11-16-2005, eff. 12-16-2005)
Sec. 31-24.2. Street vending; sporting event vending.
A. Notwithstanding the 7:00 p.m. or sunset termination rule of Section 31-24.1 of this Article, Street Vending– Food is permitted at sporting events until 9:00 p.m., provided that no music may be played by the Street Vending– Food vendor after the later of 7:00 p.m. or sunset.
B. For purposes of this section only, a sporting event shall mean an athletic competition or event held in an organized league which takes place on schoolgrounds or in a public park.
C. Street Vending– Food at a sporting event is restricted to the side of the street or streets most closely abutting the property on which the sporting event is held.
(Ord. No. G-3958, § 3, passed 10-2-1996, eff. 10-2-1996; Ord. No. G-4753, § 5, adopted 11-16-2005, eff. 12-16-2005)
Sec. 31-25. Sidewalk vending prohibited; license agreements.
No person shall engage in sidewalk vending on any sidewalk in the City of Phoenix, except as specifically authorized by a license agreement entered into between that person and the City Manager on behalf of the City.
(Ord. No. G-1600, § 4; Ord. No. G-3700, § 5; Ord. No. G-3836, §§ 2, 6; Ord. No. G-4586, § 1, passed 3-17-2004, eff. 4-1-2004)
Sec. 31-26. City Manager authorization.
The City Manager shall:
1. Designate the locations upon which sidewalk vending is permitted in the Downtown Vending District.
2. Prescribe rules and regulations relating to the privilege of operating the business of sidewalk vending in the Downtown Vending District.
3. Regulate the business of sidewalk vending in the Downtown Vending District by license agreement.
(Ord. No. G-1600, § 4; Ord. No. G-3683, § 47; Ord. No. G-3836, §§ 2, 7; Ord. No. G-4520, § 1, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4586, §§ 2, 3, passed 3-17-2004, eff. 4-1-2004)
Sec. 31-27. Reserved.
Editor's note: Ord. No. G-4586, § 2, passed 3-17-2004, eff. 4-1-2004, repealed § 31-27 in its entirety. Formerly, said section pertained to sidewalk vending restrictions in Downtown Vending District as enacted by Ord. No. G-1600, § 4; and subsequently amended by Ord. No. G-1922, § 1; Ord. No. G-3836, §§ 2, 8; and Ord. No. G-4520, § 2, passed 6-25-2003, eff. 7-25-2003.
Sec. 31-28. Reserved.
Editor's note: Ord. No. G-4586, § 2, passed 3-17-2004, eff. 4-1-2004, repealed § 31-28 in its entirety. Formerly, said section pertained to sidewalk vending in the Downtown Vending District– Temporary classification; duration as enacted by Ord. No. G-1600, § 4; and subsequently amended by Ord. No. G-3836, § 2; and Ord. No. G-3944, § 4, passed 7-3-1996, eff. 8-2-1996.
Sec. 31-29. License applications; display; transfer; information update.
A. Each applicant for a license issued under this Article shall file with the City Clerk on an application form furnished or prescribed by the City the following information:
1. The applicant's name, including all names by which the applicant is known, home address, home phone number and physical description.
2. Business name, business address, mailing address and business phone.
3. A brief description of the nature of the business and the items to be sold, including whether the applicant will be selling food products.
4. If employed or hired by a street vending business, the name, address and phone number of the employer, together with verification of the employment relationship signed by the employer.
5. Whether a vehicle is to be used and, if so, a description of the same together with the license plate number and state of issuance, registration, proof of insurance and an Arizona driver's license for the applicant.
6. Statement and number of County health permit if applicable.
7. Number of the privilege license issued pursuant to Chapter 14.
8. Current driver's license or other current government-issued photo identification document.
9. The previous name and location of the business, if any.
10. The former owner of the business, if any.
11. All felony and misdemeanor convictions, excluding those for civil traffic offenses.
12. Whether the applicant has ever had a street vendor or street vending license denied, revoked or suspended, and the date and jurisdiction of the denial, suspension or revocation.
13. Two complete sets of fingerprints taken by a law enforcement agency.
14. Photographs taken by the City Clerk.
15. Photographs of any vehicle identified in paragraph 5 that clearly establish compliance with Section 31-24.1.
B. Licenses issued pursuant to this Article shall not be transferable from one person to another.
C. Any change in information required to be submitted by this Article, must be provided to the City Clerk, on a form provided by the City Clerk for that purpose, within ten calendar days of any such change.
D. The City Clerk may receive and review the criminal history record information, including conviction and non-conviction data, of license applicants for the purpose of evaluating the fitness of prospective licensees in connection with the issuance, renewal, suspension or revocation of a street vending license. Such information shall be used only for the purpose of such evaluation. The City Clerk shall submit a full set of the license applicant's fingerprints to the Arizona Department of Public Safety for the purpose of obtaining a state and federal criminal records check pursuant to Section 41-1750, Arizona Revised Statutes, and Public Law 92-544. The Arizona Department of Public Safety may exchange this fingerprint data with the Federal Bureau of Investigation.
(Ord. No. G-1600, § 4; Ord. No. G-3683, § 48; Ord. No. G-3836, § 9; Ord. No. G-3944, § 5, passed 7-3-1996, eff. 8-2-1996; Ord. No. G-4520, § 3, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4543, § 12, passed 10-1-2003, eff. 10-2-2003; Ord. No. G-4586, § 4, passed 3-17-2004, eff. 4-1-2004; Ord. No. G-4753, § 6, adopted 11-16-2005, eff. 12-16-2005)
Sec. 31-29.1. Applications; additional requirements.
A. No license shall be issued to an individual if the individual does not present any of the following documents to the City Clerk indicating that the individual's presence in the United States is authorized under Federal Law:
1. An Arizona driver license issued after 1996 or an Arizona nonoperating identification license.
2. A driver license issued by a state that verifies lawful presence in the United States.
3. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States.
4. A United States certificate of birth abroad.
5. A United States passport.
6. A foreign passport with a United States Visa.
7. An I-94 Form with a photograph.
8. A United States citizenship and immigration services employment authorization document or refugee travel document.
9. A United States certificate of naturalization.
10. A United States certificate of citizenship.
11. A tribal certificate of Indian blood
12. A tribal or Bureau of Indian Affairs Affidavit of Birth.
B. This section does not apply to an individual, if all of the following apply:
1. The individual is a citizen of a foreign country or, if at the time of application, the individual resides in a foreign country.
2. The benefits that are related to the license do not require the individual to be present in the United States in order to receive those benefits.
(Ord. No. G-5224, § 17, adopted 9-3-2008, eff. 9-3-2008)
Sec. 31-30. Licensee license fees.
A. All applicants shall pay a nonrefundable license fee of one hundred sixty dollars.
B. In addition to the fee required by subsection A, the applicant shall pay the City Clerk the fee established by the Director of the Arizona Department of Public Safety for the processing of state and federal noncriminal justice fingerprints. This fee shall be paid for each person required to submit fingerprints pursuant to Section 31-29(A).
(Ord. No. G-1600, § 4; Ord. No. G-2197, § 13; Ord. No. G-2758, § 6; Ord. No. G-3238, § 10; Ord. No. G-3336, § 12; Ord. No. G-3758, § 8; Ord. No. G-3944, § 6, passed 7-3-1996, eff. 8-2-1996; Ord. No. G-4100, § 8, passed 6-10-1998, eff. 7-1-1998; Ord. No. G-4275, § 11, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4503, § 7, passed 3-12-2003, eff. 7-1-2003; Ord. No. G-4520, § 4, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4543, § 13, passed 10-1-2003, eff. 10-2-2003; Ord. No. G-4586, § 5, passed 3-17-2004, eff. 4-1-2004; Ord. No. G-4753, § 7, adopted 11-16-2005, eff. 12-16-2005)
Sec. 31-31. License and identification card duration; renewal.
A. Any license or identification card issued pursuant to this Article shall, unless otherwise provided for herein, expire and become null and void at the end of the fiscal year in which the license or identification card was issued.
B. Annual renewal of any license or identification card provided for in this Article shall be made by completing a renewal application as prescribed by the City Clerk and payment of the appropriate fee as set forth in Section 31-30, no earlier than the fifth City business day in April and no later than the last business day in April.
C. In addition to the fee required by subsection B, the applicant shall pay the City Clerk the fee established by the Director of the Arizona Department of Public Safety for the processing of state and federal noncriminal justice fingerprints. This fee shall be paid for each person required to submit fingerprints pursuant this section.
(Ord. No. G-1600, § 4; Ord. No. G-1706, § 1; Ord. No. G-3944, § 7, passed 7-3-1996, eff. 8-2-1996; Ord. No. G-4753, § 8, adopted 11-16-2005, eff. 12-16-2005)
Sec. 31-32. License issuance; revocation, suspension; denial; procedure; appeal; consent agreement.
A. Licenses issuable pursuant to this Article shall be denied by the City Clerk for any of the following reasons:
1. Fraud, misrepresentation, or false statement contained in, or in connection with, the application for license.
2. Any violation of any of the provisions of this Article within one year of the date of the application.
3. The applicant for a Street Vending– Non-Food license has been convicted within the last five years of any felony or misdemeanor offense bearing a reasonable relationship to the functions of a Street Vending– Non-Food license. The applicant for a Street Vending– Food license has been convicted within the last five years of any misdemeanor offense bearing a reasonable relationship to the functions of a Street Vending– Food license, has been convicted within the last ten years of any felony bearing a reasonable relationship to the functions of a Street Vending– Food license, or has been convicted at any time of any sexual or violent offense against a child.
4. The applicant has had a street vending license revoked within the previous year.
5. The applicant has employed or hired a person in connection with the applicant's street vending business who has had his street vending license suspended or revoked within the previous year.
6. The applicant has employed or hired a person in connection with the applicant's street vending business who does not have the required street vending license issued by the City of Phoenix.
7. An applicant is not in compliance with Section 31-29.1.
B. Any license issued pursuant to this Article shall be revoked by the City Clerk, or suspended for a period not to exceed one year, upon one or more of the following grounds:
1. The licensee has violated any of the provisions of this Article.
2. An employee or independent contractor of the licensee has violated any of the provisions of this Article.
3. A Street Vending– Non-Food licensee, or an employee or independent contractor of a Street Vending– Non-Food licensee, has been convicted within the last five years of a felony or misdemeanor offense bearing a reasonable relationship to the functions of the license. A Street Vending– Food licensee, or an employee or independent contractor of a Street Vending– Food licensee has been convicted within the last five years of a misdemeanor offense bearing a reasonable relationship to the functions of the license, has been convicted within the last ten years of a felony offense that bears a reasonable relationship to the functions of the license, or has been convicted at any time of a sexual or violent offense against a child.
4. The applicant gave false or misleading information in, or in connection with, the application.
C. To deny, suspend or revoke a license, the City Clerk shall either hand-deliver to the licensee, or mail by certified mail to the licensee at the mailing address shown on the application or otherwise more recently of record with the City Clerk, a written notice that the license is denied, suspended, or revoked. The cause for the denial, suspension, or revocation shall be set forth in the notice. Service shall be complete upon hand-delivery or, in the case of service by mail, five calendar days after mailing to the address of record. An applicant or licensee may appeal the denial, suspension or revocation of a license to the License Appeal Board pursuant to Chapter 19, Article III of this Code. If an application is denied pursuant to paragraph (A)(3), or revoked or suspended pursuant to paragraph (B)(3), the Board shall consider all of the following before overturning that denial, suspension or revocation:
1. The extent of the appellant's criminal record.
2. The length of time that has elapsed since the offense was committed.
3. The nature of the offense.
4. Any applicable mitigating circumstances.
5. The degree to which the appellant participated in the offense.
6. The extent of the appellant's rehabilitation, including:
a. Completion of probation, parole or community supervision.
b. Whether the applicant paid restitution or other compensation for the offense.
c. Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling.
d. Personal references attesting to the appellant's rehabilitation.
e. Witness testimony that the appellant submits.
D. It shall be unlawful for any person to operate a business that has been licensed under this Article while the license for that business is suspended.
E. No license suspended shall be reinstated until an application fee has been paid.
F. A revoked license shall be surrendered to the City Clerk on demand at the expiration of the appeals process.
G. The City Clerk may, either before or after the issuance of a notice of suspension or revocation, provide for informal disposition of the matter by consent agreement.
H. The license of any person violating any of the terms of a consent agreement reached pursuant to this section shall be revoked for a period of one year. There shall be no administrative appeal from a decision to revoke a license for violation of any of the terms of a consent agreement. Any appeal taken shall be by way of special action in the Superior Court.
(Ord. No. G-1600, § 4; Ord. No. G-3683, § 49; Ord. No. G-3836, § 10; Ord. No. G-3944, § 8, passed 7-3-1996, eff. 8-2-1996; Ord. No. G-4586, § 6, passed 3-17-2004, eff. 4-1-2004; Ord. No. G-4753, § 9, adopted 11-16-2005, eff. 12-16-2005; Ord. No. G-5224, § 18, adopted 9-3-2008, eff. 9-3-2008)
Sec. 31-32.1. Reserved.
Editor's note: Ord. No. G-4292, § 2, passed Aug. 30, 2000, effective Aug. 30, 2000, repealed § 31-32.1, which pertained to hearing officer; hearing procedure; sidewalk vending. See the Code Comparative Table.
Sec. 31-33. Reserved.
Editor's note: Section 31-33 was repealed; see Ord. No. G-1869, § 1.
Sec. 31-34. Business succession and liability.
The provisions of the City of Phoenix Finance Code, article IV, chapter 14, relating to business succession and liability, shall be applicable to all application fees, licenses and license fees imposed under this chapter.
(Ord. No. G-2075, § 6)
ARTICLE III.
CONSTRUCTION OR REMOVAL GENERALLYSec. 31-35. Permit– Required; approved by Development Services Director.
It shall be unlawful for any person to make, build, construct or remove any pavement or pavement widening, driveway, sidewalk, curb, gutter, pipeline, except pipelines provided for in the Plumbing Code, or grade, oil or gravel any public street of the City, without first having received a written permit from the Development Services Director, the plan for which has been approved by the Development Services Director. Work described in this section that proceeds without the required permit shall be subject to the investigation and remediation fee set forth in appendix A.2 of the City Code.
(Code 1962, § 35-50; Ord. No. G-3313, § 1; Ord. No. G-3346, § 3)
Sec. 31-36. Permit– Application.
All applications to the Development Services Director for a permit to construct driveways, streets, sidewalks, curbs, gutters, pipelines, to widen the paved roadway, to cut pavement, sidewalks, curbs, gutter or to repave pavement cuts, shall be in writing and shall be accompanied by at least one copy of a plot plan showing the size of the property, the location with reference to lot and street lines of existing proposed buildings, driveways, curbs, sidewalks, trees, poles or other objects that might affect the work.
(Code 1962, § 35-51; Ord. No. G-3313, § 1)
Sec. 31-37. Permit– Bond.
(a) The Development Services Director shall require each applicant referred to in this section, before granting the permit, to deposit with his office an amount in cash or a surety bond equal to the cost of the work (as determined by the Development Services Director) proposed in the application as a guarantee that the work will be done in accordance with the permit and City details and specifications. He shall give the applicant his receipt for such deposit.
(b) The surety bonds shall be executed by the applicant as principal, with a corporation duly authorized to transact surety business in the State of Arizona. The bond shall be in favor of the City, shall be continuous in form, and shall be conditioned that the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond irrespective of the number of years the bond is in force. The bond shall be released upon satisfactory performance and acceptance of the work, or may be cancelled after the applicant has provided other security satisfactory to the City which will cover obligations that remain.
(c) No deposit shall be less than ten dollars on work done under this Article.
(d) In instances where an applicant is issued numerous small permits throughout the year, he may post a continuing bond to cover work of more than one permit. However this continuing bond provision is not intended for use on new subdivision type work. The continuing bond shall be of a value sufficient to cover all work under construction by the permittee at any time and shall be satisfactory to the Development Services Director.
(e) The bond is subject to cancellation as noted above, or may be terminated after all obligations are fulfilled which were "permitted" prior to the Development Services Director receiving cancellation notice from surety.
(f) This bond or cash deposit shall not be required where the improvements and the cost of the work proposed in the application and required by this chapter are also covered by the enforcement procedure set forth in section 32-37(a) of the Subdivision Ordinance. If, however, the Development Services Director finds that the provisions of 32-37(a) are not being complied with, then the suspension of the bond or cash deposit as a condition of a permit provided for in this subsection shall no longer apply, and the applicant shall comply with bonding provisions set forth in this section.
(Code 1962, § 35-52; Ord. No. G-730, § 1; Ord. No. G-902, § 1; Ord. No. G-2692, § 1; Ord. No. G-3313, § 1; Ord. No. G-3253, § 1, passed 3-22-2000, eff. 4-21-2000)
Sec. 31-38. Permit fee and plan review fees.
(a) The applicant shall also deposit with the Development Services Director, before any permit shall be issued, a permit fee to cover the City's cost of inspection and clerical services. The schedule of fees, as set forth in appendix A.2 of the City Code, is established to offset the City's expenses and the fee shall be computed on the basis of the units of work and the schedule of fees. No part of this permit fee is refundable.
(b) The Development Services Director shall collect the fees set forth in appendix A.2 of the City Code for off-site plan and landscape plan review services.
(c) Any public utility which is subject to regulation of its rates and charges for services by the Arizona Corporation Commission shall, in lieu of paying the fees set forth above, pay the Street Transportation Director the amount billed monthly for actual City cost of inspection and review services the City incurred during the month in providing services due to construction activities of the public utilities in public rights-of-way. The amount shall be due within thirty days of receipt of the monthly billing. A public utility shall have the right during regular office hours to examine and to make copies of City of Phoenix accounting records on time and cost incurred for inspection services provided to public utilities for work in the public rights-of-way.
(d) It is the intent of this ordinance to avoid the cutting of new street pavement, or newly overlaid pavement. In the event that a street opening in new pavement cannot be avoided, a surcharge fee to cover damages and early deterioration is assessed as follows:
Cuts in new paving less than twelve months old:
Openings less than nine square feet, or nine linear feet of trench: One thousand dollars.
Trenches over nine feet long: Two thousand five hundred dollars for every fifty feet or fraction thereof.
For pavement less than twenty-four months old:
Openings less than nine square feet, or nine linear feet of trench: Six hundred forty dollars.
Trenches over nine feet long: One thousand six hundred dollars for every fifty feet or fraction thereof.
For pavement less than thirty months old:
Openings less than nine square feet, or nine linear feet of trench: Three hundred twenty dollars.
Trenches over nine feet long: Eight hundred dollars for every fifty feet or fraction thereof.
These surcharge fees are assessed in addition to the regular permit fees and are over and above any special backfill, compaction and pavement replacement stipulations that may be imposed as a condition of permitting.
Waiver of surcharge fee. The pavement cut surcharge fee may be waived by the Street Transportation Director upon a finding by the Street Transportation Director that the fee imposes an undue economic hardship on the owner of the utility, or the applicant for services, or for an emergency cut necessary to protect the public's health or safety. Evidence must be presented by the applicant that the following conditions have been fulfilled:
(1) The cut is not the result of improper planning or lack of diligence on the part of the applicant.
(2) The cut cannot be avoided by routing the line in a different manner or taking any other action.
The surcharge fee may also be waived by the City Council in recognition of extraordinary public benefit or as part of the City's contribution in a joint project.
(Ord. No. G-730, § 2; Ord. No. G-1247, § 1; Ord. No. G-1250, § 1; Ord. No. G-1525, § 1; Ord. No. G-1815, § 1; Ord. No. G-1993, § 18; Ord. No. G-2214, § 1; Ord. No. G-2215, § 1; Ord. No. G-2224, § 2; Ord. No. G-2396, § 1; Ord. No. G-2510, § 1; Ord. No. G-2551, §§ 1– 3; Ord. No. G-2627, § 1; Ord. No. G-2785, §§ 1, 2; Ord. No. G-2977, § 1; Ord. No. G-3009, § 1; Ord. No. G-3127, § 1; Ord. No. G-3208, § 1; Ord. No. G-3313, § 1; Ord. No. G-3346, § 3)
Sec. 31-38.1. Waiver of fees.
(a) The City of Phoenix may enter into agreements with other public agencies for the waiver of permit fees set forth in this Article.
(b) As used in this section the term "public agency" shall include the federal government or any federal department or agency, Indian tribal council, the State, all departments, agencies, boards and commissions of the State, and irrigation, power, electrical, drainage and flood control districts, counties, school districts, cities, towns, all municipal corporations and any other political subdivision of this State or an adjoining state.
(c) Fee waiver agreements shall be recommended by the Development Service Department and approved by the City Council.
(Ord. No. G-2020, § 1; Ord. No. G-3313, § 1)
Sec. 31-38.2. Street name sign installation fee.
When the Development Services Department determines that a street name sign is needed in order to provide for the uniform naming of streets in the City of Phoenix, the applicant shall deposit with the Development Services Department, before any permit shall be issued, a street name sign installation fee of one hundred seventy dollars per street name sign assembly to cover the City of Phoenix costs of labor, equipment and materials to install the street name sign.
(Ord. No. G-2233, § 1; Ord. No. G-2505, § 1; Ord. No. G-3136, § 1; Ord. No. G-3313, § 1; Ord. No. G-3623, § 1; Ord. No. G-3688, § 1; Ord. No. G-4261, § 1, passed 4-26-2000, eff. 5-26-2000Ord. No. G-4695, § 1, adopted 5-4-2005, eff. 6-3-2005; Ord. No. G-4896, § 1, adopted 5-9-2007, eff. 7-1-2007)
Sec. 31-39. Permit– Qualifications of applicant.
(a) Applicants for permits may be either an owner or a contractor. However, the work may be performed only by:
(1) Licensed contractors;
(2) Utility companies;
(3) Governmental agencies; or
(4) Resident owner of residential property where the property owner proposes to do work between his property line and the back curbline.
(b) If the improvement to be constructed under permit is not to become the property of the City of Phoenix, and if the applicant is someone other than the owner, the owner shall also sign the permit form, indicating that he agrees to the conditions of the permit.
(Ord. No. G-730, § 2)
Sec. 31-40. Permit– Indemnity provision and insurance required.
(a) The permittee agrees to indemnify and save harmless the City of Phoenix and its elected or appointed officials, agents, boards, commissions, employees and representatives, hereinafter referred to as "indemnitee," from all suits, including attorneys' fees and costs of litigation, actions, loss, damage, expense, cost or claims, of any character or any nature arising out of or in connection with any act or omission of the permittee, his agents and employees, and of any subcontractor, his agents and employees, in the course of the performance of the work under permit which results directly or indirectly in the injury to or death of any person or persons or the damage of any property of any person or persons, or on account of any act, claim or amount arising or recovered under workmen's compensation law, or arising out of the failure of the permittee or those acting under permitted to conform to any statutes, ordinance, regulation, law or court decree. It is the intent of the permittee and the City of Phoenix that the indemnitee shall, in all instances, except for loss or damage resulting from the sole negligence of the indemnitee, be indemnified by the permittee against all liability, losses and damages of any nature whatever for [or] on account of any injuries to or death of persons or damages to or destruction of property belonging to any person arising out of or in any way connected with the performance of this permit, regardless of whether or not the liability, loss or damage is caused by, or alleged to be caused in part by the negligence, gross negligence, or fault of the indemnitee. This indemnity provision of the permit shall be interpreted to require the permittee to indemnify for loss or damage caused by an indemnitee's negligence and gross negligence or fault so long as the indemnitee's negligence, gross negligence or fault was not the sole cause of the injury.
(b) The permittee shall take out and maintain during the life of the permit workmen's compensation insurance for all of his employees employed at the site of the project, and, in case any work is sublet, the permittee shall require the subcontractor similarly to provide workmen's compensation insurance for all of the latter's employees unless such employees are covered by the protection afforded by the permittee. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the workmen's compensation statute, the permittee shall provide, and shall cause each subcontractor to provide protection equal to that required by law for the protection of his employees not otherwise protected.
(c) Except as hereinafter provided, any applicant for a permit shall, prior to the issuance of such permit, procure and deliver to the Development Services Director a certificate of insurance covering public liability and property damage issued by an insurance company authorized by the Insurance Department of Arizona to transact business in the State of Arizona, as shall protect the applicant or contractor and any subcontractor performing any work covered by the permit from claims for damages for personal injury, including death, as well as from claims for property damages which may arise from operations under this permit, or by anyone directly or indirectly employed by any of the foregoing. Such certificate shall contain coverage for explosions, collapse and underground operations.
(d) The certificate may be placed on file for each individual permit or a blanket certificate may be filed for an extended period of time.
(e) The policy limits of such liability insurance shall contain not less than the following limits of coverage:
(1) Three hundred thousand dollars for death or bodily injury or loss sustained by any one person per occurrence.
(2) Five hundred thousand dollars for death or bodily injury or loss sustained by more than one person per occurrence.
(3) One hundred thousand dollars for loss sustained by damage or loss to property occasioned per occurrence.
(f) This insurance policy shall not be cancelled or changed until ten days' written notice of cancellation or change has been served on the Development Services Director.
(g) The permittee shall maintain said insurance in full force and effect until all work is complete and the permit has been released.
(h) No insurance policy shall be required as a condition precedent to the issuance of a permit to a resident owner of residential property where he proposes to perform construction in front of his own property, a county, a state, the national government, or a qualified self-insurer.
(Ord. No. G-730, § 2; Ord. No. G-1994, § 2; Ord. No. G-2247, § 1; Ord. No. G-3313, § 1)
Sec. 31-41. Engineering and inspection service of City– Generally; notice to Development Services Department prior to construction.
The Development Services Department shall furnish to the applicants, as set forth in Sections 31-36 and 31-37, upon twenty-four hours' notice, such engineering and inspection service as will assure that the improvements constructed are in accordance with permits granted and the specifications and details mentioned in this Article. Any person doing work under any permit as set forth in this Article shall notify the Development Services Department twenty-four hours in advance of the time and place where work will begin.
(Code 1962, § 35-53; Ord. No. G-3313, § 1)
Sec. 31-42. Engineering and inspection service of City– Refund of applicant's deposit; when allowed.
The City shall refund the deposit or exonerate the bond upon the Development Services Department's determination that the construction has been properly completed.
(Code 1962, § 35-54; Ord. No. G-730, § 3; Ord. No. G-3313, § 1)
Sec. 31-43. Driveways– Rules and regulations generally.
Provision may be made by the City for vehicular access to private property from streets and alleys, but in so doing due consideration must be given to pedestrian and vehicle safety, the resulting interference with the movement of vehicular traffic, and interference with public improvements. In establishing permissible curb cuts and sidewalk driveway crossings for access to private property, authorization shall not be granted where they are unnecessary or where they would unreasonably interfere with the rights of the public in the adjacent street or alley, and in no event shall any such cut or crossing be of greater width than necessary for reasonable access to the private property to be served thereby.
(Code 1962, § 35-55)
Cross references: Zoning, ch. 41.
Sec. 31-44. Driveways– Duty of Street Transportation and Development Services Directors.
The Street Transportation Director shall not plan new capital improvement project construction nor shall the Development Services Department Director grant any permit for private development construction which contemplates any of the following:
(a) The construction of a driveway until the required plan of such construction shall have been signed by the appropriate Director or designee indicating approval.
(b) Residential, commercial and industrial driveway widths, except as shown in Ordinance No. G-780, as amended January 1, 1988.
(c) Separation between driveways, except as shown in Ordinance No. G-780, as amended January 1, 1988.
(d) Encroachment of driveway into curb radius, except as shown in Ordinance No. G-780, as amended January 1, 1988.
(e) Safety curb required, except as shown in Ordinance No. G-780, as amended January 1, 1988.
(f) Minimum dimensions for parking areas, except as shown in Ordinance No. G-780, as amended January 1, 1988.
(g) Driveway at property line, except as shown in Ordinance No. G-780, as amended January 1, 1988. Any driveway to be constructed not having a minimum of two and one-half feet of curb between the top of the driveway wing and the adjacent property line extended except where a common driveway is applicable or a driveway is constructed adjacent to an alley entrance, single-family residential lots excepted.
(h) Driveways to vacant property. On any driveway to be constructed into a vacant lot, a site plan shall first be filed and approved by the Development Services Department Director or designee showing the proposed use of the land. Such plan shall show the location of future building or buildings, the plot plan of the parking and maneuvering area, and driveway locations and their widths.
(Code 1962, § 35-56; Ord. No. G-781, § 1; Ord. No. G-3078, § 2; Ord. No. G-3313, § 1; Ord. No. G-3745, § 1)
Editor's note: Ordinance No. G-780, as amended by Ord. No. G-3078, adopts by reference an engineer's drawing (B. 10-492), amended by drawing no. 3642 effective January 1, 1988, illustrating and setting forth the various types of driveways and parking areas allowed to be constructed and maintained within the City, including but not limited to parking angles, clearances from building to property lines, safety curbing, widths, lengths, and radii. A copy of Ord. No. G-780, and amendments thereto, is on file in the office of the City Clerk.
Sec. 31-45. Variances from driveway and alley standards and alley access requirements.
A. The Development Services Director or his designee is authorized to grant variances from the provisions of this Article prescribing construction design standards for driveways and alleys, and alley access requirements as to private development projects, and the Street Transportation Director or his designee is authorized to grant variances from the provisions of this Article prescribing construction design standards for driveways, and alleys and alley access requirements as to capital improvement projects, except as hereinafter prohibited, upon written application showing that undue and extreme hardship would result from:
(1) Unusual conditions; or
(2) Literal enforcement of the provisions of this Article.
B. Applications for variances shall be decided within thirty days of the date of filing or within such longer period of time agreed to by the applicant and the official responsible for hearing the application. If no decision has been made at the expiration of such time period, the application shall be deemed denied for the purpose of the applicant's right to further administrative review.
C. Decisions under this section may be appealed within thirty days of the decision to the Development Advisory Board who shall review the application and decision and make such disposition of the matter as is required by the facts and the applicable law.
(Ord. No. G-3709, § 2; Ord. No. G-4176, § 2, passed 5-19-1999, eff. 6-18-1999)
Sec. 31-46. Reserved.
Editor's note: Section 31-46 was repealed; see Ord. No. G-3709, § 1.
Sec. 31-47. Parking lot construction; use of physical barriers for angular parking.
In all cases of parking lot construction, physical barriers may be required to maintain the proper angle of parking. The angle of parking is measured from a line parallel to the roadway.
(Code 1962, § 35-59)
Sec. 31-48. Time and manner in which all work shall be done.
All work done under permits granted by authority of this Article shall be completed within the time set by the Development Services Director and shall be done in accordance with the official grades and standard details and specifications of the City. All sidewalks shall be constructed under standard specifications of the City.
(Code 1962, § 35-60; Ord. No. G-3313, § 1)
Sec. 31-49. Restoration of street pavement, curb, gutter and sidewalk.
When the improvements on or the use of property, which is being served by a driveway, is so changed that the driveway, in the opinion of the Street Transportation Director, is not needed, the owner of the property shall be notified to restore the street pavement, curb, gutter and sidewalk to the same condition as the adjoining street pavement, curb, gutter and sidewalk. Whenever any owner shall have been notified to restore the street pavement, curb, gutter and sidewalk as provided in this section and shall fail to comply within ninety days after receipt of such notice, the Street Transportation Director shall proceed to repair such pavement, curb, gutter and sidewalk and when so repaired by the City, the cost of such repair shall be paid by the owner of such abutting property and be collected as provided in Section 31-57.
(Code 1962, § 35-61; Ord. No. G-3313, § 1)
Sec. 31-49.1. Duty of person to repair street.
It shall be the duty of every person working in the public right-of-way who causes any damage to the public street to repair the street in accordance with City standards and specifications, under City permit and inspection, and in such manner that it is returned as nearly as practicable to its original condition, and maintain the repair for a period of time of not less than one year after repairing the street.
(Ord. No. G-2470, § 1; Ord. No. G-3313, § 1)
Sec. 31-49.2. Liability of person repairing street for defective repair.
(a) Any person, natural or created by law, who fails, neglects or refuses to repair or maintain the repair to a public street as required by Section 31-49.1 shall be given a written notice by the Street Transportation Director to repair the public street. Such notice shall contain a brief statement of the violations and the name, address and phone number of a City representative who may be contacted for further information. The notice shall further inform such persons that failure to comply with the notice within the stated time will cause the City to perform such work with charges being billed to the person notified at twice the actual costs that will be incurred.
(b) The Street Transportation Director shall have the authority to determine the date of completion of the initial repair and whether or not the repair has been satisfactorily maintained for a period of one year. In determining whether or not a repair has been satisfactorily maintained, the Street Transportation Director shall apply normal engineering practice for the type of street in question and such other applicable standards as are on file with the Street Transportation Director's office.
(c) When any person to whom notice has been given, fails, neglects or refuses to repair or maintain the public street by the date set for compliance within the notice, the Street Transportation Director of [or] his duly authorized representative shall repair or maintain the public street and do such other action as necessary to abate the failure to repair the public street. Upon completion of the work, the person who was given notice and failed to repair or maintain the public street within the time period set in the notice shall pay the City twice the actual costs incurred for repair set forth in the notice.
(d) Any repair in the public right-of-way ordered by the Street Transportation Director shall be performed under permit and inspection by the Development Services Department. The Development Services Director will notify the Street Transportation Director when such repairs have been satisfactorily completed.
(Ord. No. G-2470, § 2; Ord. No. G-3313, § 1)
ARTICLE IV.
SIDEWALK CONSTRUCTION AND IMPROVEMENTDIVISION 1.
GENERALLYSec. 31-50. Grades generally; duty of Street Transportation Director.
It shall be unlawful for any person to construct any sidewalk, gutter or curb of cement or concrete within the City unless the grade of such sidewalk, gutter or curb has been established by the Street Transportation Director. It shall be the duty of the Street Transportation Director, upon demand being made in writing by all the owners of property fronting on any one block, to furnish the grades for any such sidewalks, gutters or curb within thirty days after such demand in writing.
(Code 1962, § 35-62; Ord. No. G-3313, § 1)
Sec. 31-51. Official specifications– Generally.
It shall be unlawful for any person, whether owner, contractor or otherwise, to lay or cause to be laid any sidewalk on any public street or alley unless such sidewalk shall be laid according to the lines and official grades for such work as furnished by the Street Transportation Director and in accordance with the specifications for such work approved and adopted by the City Council, and under permit and inspection by the Development Services Department.
(Code 1962, § 35-63; Ord. No. G-3313, § 1)
Sec. 31-52. Official specifications– Street Transportation Director to furnish.
It shall be the duty of the Street Transportation Director to furnish, upon request, to any owner whose property abuts upon or is contiguous to any street that is to be improved by the laying of a sidewalk or to the contractor who is to lay the sidewalk, the lines and grades established for such sidewalks by the City.
(Code 1962, § 35-64; Ord. No. G-3313, § 1)
Sec. 31-53. Tree line.
The tree line upon all streets in the City shall be established by the Superintendent of Parks and Recreation.
(Code 1962, § 35-65)
DIVISION 2.
REPAIRSec. 31-54. Duties of abutting property owners.
It shall be the duty of the owner or the lessee of any lot or parcel abutting upon any sidewalk now or hereafter constructed in the City to keep and maintain such sidewalk in repair.
(Code 1962, § 35-66)
Sec. 31-55. Liability of abutting property owners for defective sidewalk.
Any owner of any lot or parcel of land abutting on any sidewalk of the City who fails to keep the same in repair, shall be liable for any damage on account of any injury that may be occasioned by reason of the defective condition or want of repair of any sidewalk within the City.
(Code 1962, § 35-67)
Sec. 31-56. Procedure for repairing sidewalks generally.
Whenever any sidewalk in the City shall become defective, the Street Transportation Director shall notify the owner of the abutting property of such defective condition and shall notify the owner to immediately repair such sidewalk and unless immediate steps are taken by the owner to repair the sidewalk, the City shall proceed to repair the sidewalk and tax the cost of such repair to the abutting property owner and make such cost a lien upon the property abutting on the sidewalk so repaired. Any such owner shall be liable for and pay the cost and expenses incurred by the City for repairing such sidewalk and the property abutting on such sidewalk so repaired shall be subject to a lien for the cost and expenses incurred by the City in repairing such sidewalk.
(Code 1962, § 35-68; Ord. No. G-3313, § 1)
Sec. 31-57. Repair of sidewalks by City upon failure of abutting property owners.
(a) Whenever any owner shall have notified to repair any sidewalk, as provided in the preceding section, and shall fail to repair such sidewalk as required by the notice and ordinances of the City, the Street Transportation Director may within three days after such notice to such owner, proceed to repair such sidewalk and when so repaired by the City, the cost of such repair shall be paid by the owner of such abutting property and be collected as provided in this division.
(b) The City Controller shall notify the owner of such abutting property of the amount due for repairing such sidewalk and the owner shall thereafter pay to the City Treasurer the amount of the cost of such repair. Upon the failure on the part of the owner to pay such cost within forty-five days after notice, the City Controller shall certify to the Tax Assessor of Maricopa County the amount due from such owner for the repair of such sidewalk, together with the property on which the costs for repair is a lien, which amount from the date of certification shall be extended by the County Assessor on the tax rolls of the County as a lien against such abutting property so repaired and, when so extended, it shall be collected and paid in the manner that other taxes of the City are paid.
(Code 1962, § 35-69; Ord. No. G-1850, § 2; Ord. No. G-3313, § 1)
Sec. 31-58. Service of notice on abutting property owners.
The Street Transportation Director shall mail by registered mail to the owner at the address of such owner in the City or elsewhere, if such be known, any notice provided for in this division. In the event that the post office address of the owner is unknown or that the same may not be reached by mail, the Street Transportation Director may publish such notice in the official paper of the City for one publication and such service of such notice shall be complete and shall have the same effect and force as if personally served upon any such owner.
(Code 1962, § 35-70; Ord. No. G-3313, § 1)
DIVISION 3.
CONSTRUCTIONSec. 31-59. Resolution of City Council to construct.
(a) The City Council, whenever it is to the best interests of the public, may pass a resolution providing for the construction of sidewalks, in which resolution the sidewalks to be constructed shall be briefly described. The resolution shall set forth the width of the sidewalk to be constructed and the location of such sidewalk. The resolution may order and direct that the construction of such sidewalk shall be made by the owners of the abutting property and also that in the event of the failure of the abutting property owners to construct such sidewalks, the City shall do the work and the expense shall be charged to the abutting property owners.
(b) Such resolution shall be published one time, either in a daily or weekly newspaper of general circulation, published in the City and the Street Transportation Director shall cause to be posted along the line of the proposed improvement and upon the lots in front of which the sidewalks are to be constructed, a copy of the resolution.
(Code 1962, § 35-71; Ord. No. G-3313, § 1)
Sec. 31-60. Notice to abutting property owners.
In addition to the posting of the copy of the resolution mentioned in the preceding section the Street Transportation Director shall notify the owner of each lot or parcel abutting upon any sidewalks to be constructed of the passage of such resolution and notify them that they shall commence work within thirty days from the date of the notice and that, upon failing to commence such work and prosecute the same to completion within a period of thirty days, the City will proceed to construct such sidewalk and make the same a lien upon the abutting lot or parcel and have such lien extended as a tax against the property to be collected as other taxes of the City on the property at the next period at which City taxes may become due and payable.
(Code 1962, § 35-72; Ord. No. G-3313, § 1)
Sec. 31-61. Duty of abutting property owners; construction by City.
It shall be the duty of the owner of any lot or parcel abutting upon any proposed sidewalk to proceed to construct such sidewalk as provided by the terms of the resolution of the City Council. Upon the failure of such owner to comply with such resolution and the notice provided in the preceding section, the City shall have the right to construct such sidewalks and assess the costs and expenses thereof to the abutting property owner. From and after the entering of the assessment upon the records of the City, such costs shall be a lien against the property and shall be entered upon the tax rolls of the City and be collected as other taxes.
(Code 1962, § 35-73)
Sec. 31-62. Construction contracts awarded by City.
The City may contract for the construction of any sidewalk and the City Engineer is hereby authorized in his official capacity to make all written contracts and receive all bids. Such contracts shall specify a reasonable time for the completion of the improvement and all work must be done under the direction of the Street Transportation Director subject to such rules and regulations relating to the supervision of the work as the City Council may order and direct.
(Code 1962, § 35-74; Ord. No. G-3313, § 1)
ARTICLE V.
ABANDONMENT OF PUBLIC RIGHTS-OF-WAY*------------
Cross references: Subdivisions, ch. 32; closing of streets and alleys by City, § 36-71.01.
------------
Sec. 31-63. Definitions.
Abandon, abandoning, and abandonment: Any one of the methods set forth in Section 31-64 whereby the City Council may dispose of roadways or portions of roadways no longer necessary for public use as roadways.
Owner or owners of record: Includes any person, firm, partnership, association, or corporation.
Roadway: All or part of any platted or designated public street, highway, alley, lane, parkway, avenue, road, sidewalk, public utility easement, or other public way, whether or not it has been used as such.
(Code 1962, § 35-75)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 31-64. Disposition of unnecessary public roadways; application to other public uses; sale to abutting owners; vacation with title vesting in abutting owner.
When in the discretion of the City Council a public roadway owned by the City, or a portion of such roadway, is no longer necessary for public use as a roadway, the City Council may dispose of or use the same as follows:
(a) A roadway or portion thereof may be exchanged with an abutting owner for all or part of a new public roadway and when so exchanged, title shall vest in such grantee and be evidenced by a quitclaim deed from the City of Phoenix.
(b) The City Council may sell and, by quitclaim deed, convey the land within such roadway or portion thereof, and thereupon such roadway or portion thereof shall be deemed to be vacated, and title thereto shall vest in the grantee, provided that if such grantee is an abutting owner, title shall vest subject to the same encumbrances, liens, limitations, restrictions, and estates as exist on the grantee's abutting land. No less than sixty days prior to the date of sale, a notice of sale describing the roadway or portion thereof to be sold, making specific reference to this section, and stating that any person may submit purchase offers, and that abutting owners shall have preference rights in accordance with the provisions of this section shall be posted at intervals of no more than one mile and in no less than three places on or along the side of such roadway and shall be delivered or mailed to abutting owners of record when their addresses are known or can be readily discovered. Abutting owners of record in whom title to a portion of such roadway would vest under subsection (c) of this section may, at the sale, or at any time prior thereto, deliver to the City Clerk a written offer to purchase such portion or part of such portion for the consideration paid for the same by the City, town, County, or the State, whichever first acquired the land within the roadways for public use. If such an offer is timely submitted, it shall be preferred over all other offers. In the absence of such an offer, the City Council may sell the roadway or portion thereof for such consideration as it shall deem advisable. A quitclaim deed issued under this paragraph creates a presumption of compliance with the requirements of this section relating to the sale of the roadway or portion of the roadway, including recording, mailing and posting the notice of the sale and conducting the sale. The deed constitutes conclusive evidence of meeting these requirements in favor of purchasers and encumbrancers for value and without actual notice. Knowledge of the grantor shall not be imputed to the grantee. For the purposes of this paragraph, "abutting owner" means the original owner of the vacated roadway or his heirs who have previously had a portion of the property acquired for roadway purposes and thereafter have been left with an abutting remainder of property over which they still retain direct ownership.
(c) The City Council may resolve that such roadway or portion thereof be vacated, and thereupon title to such roadway or portion thereof shall vest, subject to the same encumbrances, liens, limitations, restrictions, and estates as exist on the land to which it accrues, as follows:
(1) In the event that a roadway which constitutes the exterior boundary of a subdivision or other tract of land is vacated, title to the roadway shall vest in the owners of the land abutting the vacated roadway to the same extent that the land included within the roadway, at the time the roadway was acquired for public use, was a part of the subdivided land or was a part of the adjacent land.
(2) In the event that less than the entire width of the roadway is vacated, title to the vacated portion shall vest in the owners of the land abutting such vacated portion.
(3) In the event that a roadway bounded by straight lines is vacated, title to the vacated roadway shall vest in the owners of the abutting land, each abutting owner taking to the center of the roadway, except as provided in paragraphs (1) and (2) of this subsection. In the event that the boundary lines of abutting lands do not intersect such roadway at a right angle, the land included within such roadway shall vest as provided in paragraph (4) of this subsection.
(4) In all instances not specifically provided for, title to the vacated roadway shall vest in the owners of the abutting land, each abutting owner taking that portion of the vacated roadway to which his land, or any part thereof, is nearest in proximity.
(5) No portion of a roadway upon vacation shall accrue to an abutting roadway.
(d) Notwithstanding subsection (c), if the roadway is a City roadway in a planned development, the City Council may resolve that the roadway or portion thereof be vacated and that title to such vacated roadway or portion vests in the owners' association if the following conditions are met:
(1) The owners' association includes the owners of the land abutting the roadway or portion thereof to be vacated.
(2) The owners' association has rights and remedies under covenants, conditions and restrictions of title to maintain the vacated roadway and to assess all members of the association for the maintenance of the roadway.
(3) Two-thirds of the members of the owners' association and a majority of the owners of commercial property abutting the roadway or portion thereof to be vacated approve the vesting of title to such roadway or portion in the association.
(e) Notwithstanding any other law, vesting of title pursuant to subsections (c) and (d) of this section shall be subject to consideration from the owner to the City in an amount deemed by the City Council to be commensurate with the value of the abandoned roadway, giving due consideration to its degree of fragmentation and marketability, and any other public benefit received by the City in return for the abandoned roadway.
(Code 1962, § 35-76; Ord. No. G-2915, § 1; Ord. No. G-3386, §§ 1, 2; Ord. No. G-3468, § 1)
Sec. 31-64.1. Access to public road.
No roadway shall be vacated so as to leave any land adjoining such roadway without an established public road connecting such land with another established public roadway unless there is expressly reserved in the conveyancing instrument the roadway rights of ingress and egress for public or emergency vehicles, all property owners, their guests and invitees and persons lawfully conducting business on the land.
(Ord. No. G-1548, § 1; Ord. No. G-2915, § 1)
Sec. 31-65. Reservation of easements.
Rights-of-way or easements of existing sewer, gas, water, or similar pipelines and appurtenances and for canals, laterals, or ditches and appurtenances, and for electric, telephone, and similar lines and appurtenances shall continue as they existed prior to the disposal or abandonment thereof.
(Code 1962, § 35-77)
Sec. 31-66. Resolution of disposition; effective when recorded.
A City Council's resolution disposing of a roadway or portion thereof or applying such roadway to another public use shall describe the roadway and set forth its disposition or use. The resolution shall take effect when it is recorded in the office of the Maricopa County Recorder.
(Code 1962, § 35-78)
Sec. 31-67. Extinguishment of easements.
If the City owns no title to a roadway but holds right-of-way easements only, such easements may be extinguished by the City Council's resolution.
(Code 1962, § 35-79)
Sec. 31-68. Abandonment of roadways or utility easements– Application and filing generally; exception.
Any person desiring to have any roadway or easement abandoned shall make application for the same and file such application with the City Development Services Department, except that requests to exchange new roadway for roadway which is no longer needed for public use, or for disposition of unnecessary public roadways pursuant to Section 31-64, may be made by letter, instead of formal application, but if the Development Services Department determines that a formal application is needed to more fully examine the proposed exchange or disposition, then a formal application will be required. Exchanges shall be accomplished by an ordinance authorizing the execution by the City Manager or his designated representative of a deed conveying the unnecessary roadway and by the acceptance of the dedication of the new roadway either by ordinance or by approval of a subdivision plat or plat of dedication.
(Code 1962, § 35-80; Ord. No. G-3313, § 1; Ord. No. G-3497, § 1)
Sec. 31-69. Abandonment of roadways or utility easements and waiver of federal patent land right-of-way; application and filing; fees.
Fees required for processing applications for abandonment of roadways or easements and waiver of federal patent land rights-of-way shall be as set forth in appendix A.2 of the City Code. No application for abandonment or waiver will be accepted by the Development Services Department until the processing fee is paid. However, no fee shall be charged when the Development Services Department initiates an application for abandonment or waiver. Nor shall any fee be charged for letter requests to exchange roadway or for letter requests for disposition of unnecessary roadway.
(Code 1962, § 35-81; Ord. No. G-1040, § 2; Ord. No. G-1442, § 1; Ord. No. G-1992, § 1; Ord. No. G-2241, § 1; Ord. No. G-2515, § 1; Ord. No. G-2523, § 1; Ord. No. G-2731, § 1; Ord. No. G-2771, § 1; Ord. No. G-2884, § 1; Ord. No. G-3015, § 1; Ord. No. G-3313, § 1; Ord. No. G-3346, § 3; Ord. No. G-3497, § 1)
Sec. 31-70. Abandonment of roadways or utility easements– Application and filing; submission by Development Services Department to certain City agencies before approval or disapproval and establishment of a hearing officer and review process; exception.
(a) The application for abandonment of roadways or easements shall be submitted to the Development Services Department, except that requests for exchanges or for disposition of unnecessary public roadways pursuant to Section 31-64 may be made by letter, instead of formal application. But if the Development Services Department determines that a formal application is needed to more fully examine the proposed disposition, then a formal application will be required.
(b) The Planning Director shall appoint a member of the Planning Department to serve as the hearing officer for all abandonment applications. The hearing officer shall hold a public hearing in relation to the proposed abandonment at which parties in interest and citizens have an opportunity to be heard. The date, time and place of such meeting and abandonment requested shall be posted within the area included in the abandonment so as to give at least seven days' notice of such abandonment hearing. After such public hearing, the hearing officer shall make a recommendation to the Council.
(c) City Council may approve the hearing officer's recommendation without holding another public hearing unless a member of the public, a City Council member, or a City department within fifteen calendar days after the hearing officer announces his recommendation, requests in writing that a public hearing be held on the proposed abandonment.
(d) In the event that a public hearing before the City Council is to be held, the date, time and place of such hearing and abandonment requested shall be posted within the area included in the abandonment so as to give at least seven days' notice of such Council hearing.
(Code 1962, § 35-82; Ord. No. G-1986, § 1; Ord. No. G-3313, § 1; Ord. No. G-3497, § 1; Ord. No. G-5332, § 1, 4-1-2009, eff. 5-1-2009)
Sec. 31-70.1. Federal patent land– Application for waiver of City's interest; requests for exchanges and dispositions.
The owners of land which was conveyed by a federal patent, subject to right-of-way for roadway and/or public utility purposes, may apply for a waiver of the City's interest in that right-of-way by filing an application in the Development Services Department. Such applications will be processed, heard by the abandonment hearing officer, and may be appealed in the same manner as applications for abandonment of roadways and easements, except that requests to exchange or dispose of land conveyed by a federal patent for roadway and/or utility purposes, for roadway which is no longer needed for public use, may be made by letter, instead of formal application, unless the Development Services Department determines that a formal application is needed to more fully examine the proposed exchange, or disposal, and then a formal application will be required. Exchanges shall be accomplished by an ordinance authorizing the execution by the City Manager or his designated representative of a deed conveying the unnecessary roadway and by the acceptance of the dedication of the new roadway either by ordinance or by approval of a subdivision plat or plat of dedication.
(Ord. No. G-2731, § 2; Ord. No. G-3313, § 1; Ord. No. G-3497, § 1)
ARTICLE VI.
ACCEPTANCE OF DEPOSITS FOR IMPROVEMENT DISTRICTSSec. 31-71. Deposit of funds.
The City Manager or his designee may adopt a program whereby owners of property subject to assessment through the provisions of A.R.S. tit. 9, ch. 6, art. 2 (A.R.S. § 9-571 et seq.), the Improvement District Act, may periodically deposit funds with the City of Phoenix, which funds, provided they are of an adequate amount, shall be applied by the City, on behalf of such owner, toward the retirement of that owner's aforesaid assessment.
(Ord. No. G-804, § 1)
Sec. 31-72. Funds refundable; acceptance of funds.
Such funds on deposit shall not bear interest and shall be refundable, either at the option of the City of Phoenix or the owner, provided said funds have not already been applied on the satisfaction of the aforesaid assessment. The City of Phoenix shall not add any of its own monies on the satisfaction of such assessment and shall not accept any such funds on deposit unless a prior satisfactory written agreement has been entered into, the form of which agreement shall be adopted by the City Manager and/or his nominee, which agreement shall include, among other things, a provision absolving the City from any and all liability in the event sufficient funds are not on deposit to satisfy any assessment installment.
(Ord. No. G-804, § 1)
Sec. 31-73. Applicability.
This article is applicable to all improvement districts whether initiated by the City Council or by the property owners.
(Ord. No. G-804, § 1; Ord. No. G-1216, § 1)
Sec. 31-74. Adoption of regulations.
The City Manager shall adopt regulations for the administration of this Article and shall have the authority to institute and terminate such a program upon his own judgment.
(Ord. No. G-804, § 1)
Secs. 31-75– 31-79. Reserved.
ARTICLE VII.
TEMPORARY USE OF RIGHT-OF-WAY*------------
Editor's note: Ord. No. G-4599, § 1, amended the title of Art. VII to read as herein set out. Formerly, said title pertained to revocable right-of-way permits.
Cross references: Zoning, ch. 41.
------------
Sec. 31-80. Authority and administration.
A. Authority. The City Manager is authorized to issue right-of-way use permits to persons, associations or corporations for temporary restrictions or minor encroachments within any dedicated public right-of-way as provided in this Article.
B. Definitions.
1. Revocable permit means any permit issued to allow minor encroachments for an indefinite period within the public right-of-way.
2. Right-of-way temporary use permit means a permit issued to allow the temporary use or restriction of the public right-of-way including, but not limited to, a street, sidewalk or designated bicycle lane.
3. Right-of-way use permits means, collectively, revocable permits and right-of-way temporary use permits.
4. Minor encroachment means those underground facilities whose cross-sectional areas are less than two feet across; and, those encroachments whose surface and aerial uses are easily removed from the right-of-way as determined by the Street Transportation Director, including but not limited to the following: Fences, surface parking, awnings, wells, overhangs, aerial cables, poles, bus shelters, or small temporary structures without foundations.
C. Revocable permits shall not be issued where a franchise or a license established by an Arizona Revised Statute is determined necessary by the City for the requested use of the dedicated right-of-way.
D. The right-of-way use permits authorized pursuant to this Article shall be subject to the following:
1. The temporary use of public right-of-way shall be consistent with applicable zoning regulations.
2. City ordinances, rules, regulations, policies and procedures shall not be violated unless otherwise authorized.
3. Any required public right-of-way shall have been properly dedicated to the City for the benefit of the public.
4. The proposed temporary use of the public right-of-way does not conflict with existing or proposed uses of the right-of-way.
5. The City reserves the right to revoke any right-of-way permit if any such right-of-way permit relates to right-of-way involving a Federal, State or City project where the right-of-way must be free of all encroachments.
6. The temporary use of the right-of-way may be further restricted by general and special conditions as determined by the City Manager. Any such general and special conditions will be maintained and administered by the Street Transportation Department.
7. Any permit holder shall submit proof of insurance or an acceptable program of self-insurance for the types of coverages and in the amounts required by the City Finance Department, Risk Management Division. All such insurance shall name the City as an additional insured as appropriate and shall be maintained throughout the entire term of the right-of-way use permit.
8. An agreement by the permit holder to protect, indemnify, defend and hold harmless the City for a claim for damage to a person or property that may be brought against the City as a result of the permit holder's temporary use of the right-of-way.
E. Traffic Barricade Manual compliance. To promote, preserve and protect public health, safety and welfare within the right-of-way, the right-of-way use permits issued pursuant to this article are subject to and conditioned upon strict compliance with the City of Phoenix Traffic Barricade Manual. All temporary traffic control devices shall be installed and removed by a person or organization that possesses the proper temporary traffic control device installation and removal certification pursuant to , Article XIII. Violations of the Traffic Barricade Manual shall be enforced pursuant to , Article XIII.
F. Written instrument. All right-of-way use permits authorized herein shall be evidenced by a separate written instrument, which shall include general and special conditions as determined necessary by the City Manager for the permit holder's temporary use of the right-of-way.
G. Permit fees. Applicants for right-of-way use permits shall pay all required application and other related fees, and such applicants shall secure all necessary construction permits.
H. Revocable permit revocation. Revocable permits authorized by the City Manager are subject to revocation at any time in the discretion of the Street Transportation Director with ratification by the City Council.
I. Right-of-way temporary use permit suspension or revocation. Right-of-way temporary use permits authorized by the City Manager are subject to suspension or revocation in the discretion of the Street Department Director or the City Traffic Engineer.
(Ord. No. G-2152, § 2; Ord. No. G-3313, § 1; Ord. No. G-3660, § 2; Ord. No. G-3780, § 1; Ord. No. G-4599, § 1, adopted 4-21-2004, eff. 9-1-2004 Ord. No. G-5277, § 1, adopted 11-12-2008, eff. 12-12-2008)
Sec. 31-81. Application and other related fees.
A. Revocable permit application fee. For temporary use of the right-of-way, the applicant shall pay a fee for processing the revocable permit as follows:
1. The amount of one thousand dollars for all revocable permits except a revocable permit issued: (a) to a single-family residential zoned unit, (b) to a nonprofit organization, (c) for a private sewer line (d) for a use in the public right-of-way where required by a zoning ordinance, and (e) for minor improvements to a building facade built adjacent to the public right-of-way.
2. The amount of one hundred dollars for those revocable permits excepted above.
3. No application fee is required: (A) beyond the "use permit" fee required for outdoor dining in the Downtown Core District and Warehouse Overlay District by the Zoning Administrator; (B) For a revocable permit issued to a "public entity" as defined in Phoenix City Code Section 42-1; and (C) For an encroachment in the public right-of-way caused by and the direct result of the light rail project, and which encroachment exists on or before the date legal title is conveyed to the subject right-of-way for the light rail project.
B. Right-of-way temporary use permit application fee and application submission deadline.
1. The applicant shall not pay an application fee for processing a right-of-way temporary use permit.
2. An application for a partial restriction of the right-of-way or a sidewalk restriction shall be filed as provided herein a minimum of two business days prior to the first date of the requested temporary use.
3. An application for a full restriction of the right-of-way shall be filed as provided herein a minimum of three business days prior to the first date of the requested temporary use.
C. Revocable permit annual fee. An annual use fee shall be required for all revocable permits except a revocable permit issued:
1. to a single-family zoned residential unit;
2. to a "public entity" as defined in Phoenix City Code Section 42-1;
3. to a nonprofit organization;
4. for a private sewer line;
5. for minor improvements to a building facade;
6. for legally established outdoor dining, signs and awnings in the Downtown Core District and Warehouse Overlay District; and
7. for an encroachment in the public right-of-way caused by and the direct result of the light rail project, and which encroachment exists on or before the date legal title is conveyed to the subject right-of-way for the light rail project.
D. Establishment of right-of-way use permit application and other related fees. The right-of-way use permit application and other related fees shall be established by the City Manager and approved by the City Council in accordance with the Street Transportation Department's fee policy and evaluation methods.
(Ord. No. G-2152, § 2; Ord. No. G-3009, § 2; Ord. No. G-3660, § 2; Ord. No. G-3780, § 1; Ord. No. G-4599, § 1, adopted 4-21-2004, eff. 9-1-2004; Ord. No. G-4696, § 1, adopted 5-4-2005, eff. 6-3-2005)
Sec. 31-82. Modification or waiver of fee.
The fees established herein may be modified or waived by the City Council to the extent that the City Council finds that a benefit accrues to the City.
(Ord. No. G-2152, § 2; Ord. No. G-3660, § 2; Ord. No. G-4599, § 1, adopted 4-21-2004, eff. 9-1-2004)
Sec. 31-83. Failure to pay.
All right-of-way use permits are issued subject to the payment of the applicable application and other related fees, except where modified or waived as provided by this Article. Failure to pay such fees shall result in the automatic termination of the permit and any such permit holder shall be prohibited from obtaining additional permits until all outstanding fees have been paid in full.
(Ord. No. G-2152, § 2; Ord. No. G-3660, § 2; Ord. No. G-4599, § 1, adopted 4-21-2004, eff. 9-1-2004)
Sec. 31-84. Special application processing.
(a) For outdoor dining in the right-of-way within the downtown core and the warehouse overlay district, the zoning use permit application process shall serve as the application process for a revocable permit. The Zoning Administrator will notify Street Transportation Department if a dining use permit is approved when such use would require a revocable permit. No additional application fee will be required for the revocable permit per Section 31-81 above.
(Ord. No. G-3780, § 1)
Secs. 31-85– 31-89. Reserved.
ARTICLE VIII.
OFF-SITE IMPROVEMENT REQUIREMENTSSec. 31-90. Scope of article.
Except as otherwise provided in this Article, the provisions of this Article shall apply to the development of land for multifamily residential, commercial, and industrial uses, as defined in the City of Phoenix Zoning Ordinance, for the development subject to development review pursuant to Section 507 of the City of Phoenix Zoning Ordinance. The provisions of this Article shall not apply to the repair and reconstruction of damaged structures.
(Ord. No. G-2223, § 1; Ord. No. G-3479, § 1)
Sec. 31-91. Street dedication and improvement requirements.
(a) No building permit shall be issued for new construction, or enlargements to existing structures, consisting of four or more multifamily residential dwelling units or two thousand square feet or more of commercial or industrial building floor area on any lot or parcel of land which abuts any existing or future street right-of-way unless the one-half of such abutting right-of-way which is located on the same side of the center of the street as such lot or parcel of land has been dedicated and improved, or installation of improvements has been assured, for the full width of the lot or parcel where it abuts so as to meet the standards for each right-of-way as provided by the "Minimum Right-of-Way Standards Map."
(b) Improvements and assurances of construction shall be as required for subdivisions by chapter 32 of the City Code.
(Ord. No. G-2223, § 1; Ord. No. G-3479, § 1)
Sec. 31-92. Modifications.
(a) Where there exist extraordinary conditions of topography, land ownership, or adjacent development, or other circumstances not provided for in these regulations, the Development Services Director may modify the requirements of this Article in such manner and to such extent as he may deem appropriate to the public interest.
(b) In modifying the requirements of this Article, the Development Services Director may make such additional requirements as appear necessary to secure substantially the objectives of the requirements so modified.
(c) Appeals from decisions of the Development Services Director in application of the provisions of this Article may be taken to the Development Advisory Board. The Development Advisory Board, when reviewing an appeal from a decision of the Development Services Director, shall follow the rules and standards set forth in this Article. The appeal fee shall be as set forth in appendix A.2 of the City Code.
(Ord. No. G-2223, § 1; Ord. No. G-3313, § 1; Ord. No. G-3346, § 3; Ord. No. G-3479, § 1; Ord. No. G-4176, § 3, passed 5-19-1999, eff. 6-18-1999)
Secs. 31-93– 31-99. Reserved.
ARTICLE IX.
STREET IMPROVEMENTS BEFORE DEVELOPMENTSec. 31-100. Definitions.
The following definitions shall apply in this Article:
City means City of Phoenix, a municipal corporation.
Cost means the actual cost of:
(1) Construction of the public street improvements as determined by the construction contract price.
(2) Inspection and permit fees.
(3) Engineering fees required for the preparation of plans and specifications.
(4) Other incidental fees required to complete the improvements.
Council means the City Council of the City of Phoenix.
Development includes construction of residential, commercial, or industrial buildings or structures or major additions or alterations to existing structures and includes new buildings or structures on property having existing buildings or structures situated on such property. When such property is zoned for agricultural or single-family residential use at the time of assessment, development shall also require a change of use or purpose.
Property owner means the individual, corporation, partnership, trust or other legal entity that owns property adjacent to the street right-of-way.
Right-of-way means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, pedestrian walkway, bikeway or drainage purposes.
Street improvements includes but is not limited to asphaltic concrete surfacing, aggregate base, Portland cement concrete, curb and gutter, sidewalks, valley gutters, storm drainage facilities, and irrigation tiling.
Streets means the full width of the right-of-way of any road, street, highway, alley, land or pedestrian walkway used by or for the general public, whether or not said road, street, highway, alley, land or pedestrian right-of-way has been improved or accepted for maintenance by the City.
Undeveloped land shall mean a parcel of land that can be further developed by the addition of buildings or structures of two thousand square feet or more.
Vacant land shall mean no buildings and/or structures occupy the land for residential, commercial, public nonprofit or industrial purposes.
(Ord. No. G-2620, § 1; Ord. No. G-3446, § 1)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 31-101. Street improvements– Assessment policy.
(a) The Council may determine that certain streets within the City be constructed or improved prior to development of the property adjacent to said streets.
(b) If deemed necessary by the Council, the Council may order said streets constructed or improved at City expense. Such expense shall be assessed against the adjoining property subject to the following:
1. The assessment of property, if adjacent arterial streets are involved, shall be limited to curb, sidewalk and paving between the edge of existing paving and the curb and gutter, or one lane width (whichever is less). The assessment may not exceed one thousand lineal feet of street frontage per common ownership.
2. Any parcel of land on an arterial street which, at the time of assessment, is used for single-family residential use, with single-family zoning, and the frontage of which does not exceed two hundred lineal feet, shall not be assessed.
3. The provisions of Section 31-101 shall not apply to property located within a Council-approved "redevelopment area."
4. The provisions of Section 31-101 may only be applied if the arterial street being improved is at least sixty percent completed with standard paving and curb and gutter and sidewalk from beginning of permanent pavement to end of permanent pavement. The sixty percent completion is measured along the frontage of the parcels contained within the project and includes those parcels that are non-assessable as defined elsewhere in this ordinance.
(Ord. No. G-2620, § 1; Ord. No. G-3446, § 1)
Sec. 31-102. Street improvements– Assessment procedure.
(a) The Council, at a public hearing, shall determine the necessity of street improvements if the cost thereof is to be assessed against adjacent property. Notice of said hearing shall be given to the owners, their agents/attorneys, and other affected persons who may be assessed for the costs of improvements, by regular mail no less than thirty days prior to the date of the hearing. Notice of hearing shall contain:
1. A description of the proposed street improvements.
2. The estimated cost of assessment for each affected parcel of property.
(b) At the hearing, the Council's decision on necessity for street improvements and construction shall be final and conclusive, and if such decision results in the assessment of property under this section, it may be appealed to Superior Court by any aggrieved party.
(c) If deemed necessary, the Council may, by ordinance of necessity, order the proposed street improvements, and direct the Street Transportation Director to invite sealed bids for making the improvement.
(d) Upon completion of the improvements, the Council shall by ordinance, at a public hearing, determine the cost of the improvements and assess against the properties adjacent to the street improvement the total amount of the costs and expenses of the work in accordance with section 31-101(b). Notice of this public hearing shall be given to the property owners by regular mail at least ten days prior to the date of the hearing. This notice shall contain:
1. A description of the street improvements; and
2. The amount of the proposed assessment for each affected parcel of property.
The property owners and any other persons directly interested in the work or in the assessment, who have any previous proceedings connected therewith or who claim that the work has not been performed according to the contract, may, prior to the time fixed for the hearing, file in the office of the City Clerk a written notice briefly specifying the grounds for objection. At the time fixed for the hearing, or at any time thereafter to which the hearing may be postponed, the Council shall hear and rule upon the objections. The decision of the Council shall be final and conclusive as to all errors. Informalities and irregularities which the Council might have remedied or avoided at any time during the progress of the proceedings.
The Council's ordinance shall provide that any assessments remaining unpaid shall be paid prior to the development of the assessed property.
(e) The ordinance declaring the assessments and describing the properties against which the assessments are imposed shall be recorded in the office of the County Recorder. When so recorded, the amount so assessed shall be a lien upon the properties assessed for ten years thereafter or until such assessments are paid and such recording shall be notice to all persons interested in the contents of the record.
(f) The manner of collecting unpaid assessments shall be as follows:
(1) The Building Official shall collect any unpaid assessment prior to issuing a building permit for development of any assessed property.
(2) The Development Services Director shall collect any unpaid assessment prior to the City Council's approval of any final subdivision plat which plat will result in a subdivision of assessed property pursuant to chapter 32 of the Phoenix City Code.
(3) The Development Services Director shall collect any unpaid assessment prior to final approval of any grading permit required by chapter 32A of the Phoenix City Code for any assessed property.
(4) The Building Safety Director shall collect any unpaid assessment prior to issuing a building permit for additions to existing structures, as follows:
A. At least two thousand square feet for additions to buildings with an existing floor area of twenty thousand square feet or less; or
B. Ten percent of the floor area of the existing structure, for buildings with an existing floor area of more than twenty thousand square feet.
C. If additions are less then [than] the requirements of section 31-102(f)(4)A and B the cumulative total of the square footage of multiple additions will apply during the assessment ten-year life.
(g) Any assessment made under this section shall abate if the property has not been developed within ten years of the assessment.
(h) When it is necessary to improve a full street and sufficient right-of-way is not available, the Street Transportation Director may obtain the right-of-way upon terms that are just to the property owner and the City, including assumption by the City of all or part of the costs of street improvements.
(i) The owner of a parcel of land to which a lien was attached pursuant to article 31 [article IX], section 31-102(e), Phoenix City Code, may, in writing, petition the Street Transportation Director for a hearing to determine if a contemplated improvement constitutes a "development" for purposes of article IX, section 31-102(f), Phoenix City Code. If the Street Transportation Director finds that the contemplated improvement is less than two thousand square feet or that the contemplated improvement does not come within the provisions of article IX, section 31-102(f) then he shall order that no assessment be collected on petitioner's property because of the contemplated improvement. For projects with twenty thousand square feet or more, an assessment will be applied if the expansion is ten percent or more of the principal structure.
(Ord. No. G-2620, § 1; Ord. No. G-2982, § 1; Ord. No. G-3313, § 1; Ord. No. G-3446, § 1)
Secs. 31-103– 31-109. Reserved.
ARTICLE X.
ADDRESS STREET PAINTING*------------
Cross references: Businesses, ch. 10; display of house and building numbers, § 31-14.
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Sec. 31-110. Purpose and intent; curbs as including driveways.
The purpose of this Article is to provide for the licensing and regulation of the business of painting street addresses on curbs within the City of Phoenix. As used herein, the word "curbs" shall be deemed to include driveway access for motor vehicles from the street to private property.
(Ord. No. G-3188, § 1)
Sec. 31-111. Definitions.
Administrator: City License Administrator, Finance Department.
Owner-occupant: The owner or the lessee of real property.
Person: An individual.
Street address: A house number or street name or street number or any combination thereof.
(Ord. No. G-3188, § 1; Ord. No. G-5224, § 19, adopted 9-3-2008, eff. 9-3-2008)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 31-112. License required.
It shall be unlawful for any person to paint street addresses on street curbs in the City of Phoenix unless such person first:
(a) Obtains the permission of the owner-occupant for such address painting; and
(b) Obtains a license to be issued by the Administrator pursuant to the provisions of this Article.
(Ord. No. G-3188, § 1)
Sec. 31-113. License application; maintenance; copies; denial.
(a) Any applicant for a license under this Article shall file with the Administrator an application in writing, on a form to be furnished by the Administrator, which shall provide, as a minimum, for the following information:
(1) The name, business status, address and phone number of the applicant.
(2) A description of any vehicle to be used in the licensed activity, together with the Arizona license plate identification number or other means of identification.
(b) All licenses issued under the provisions of this Article shall have displayed prominently therein the calendar year for which such license is valid.
(c) All licenses issued under the provisions of this Article shall be kept on the person of the individual licensee, or at the business location of the entity licensee, and shall be displayed upon demand.
(d) Any licensee, upon the issuance of a license, may make photo-exact duplicate copies of the license in the same size as the original license solely for the purpose of display in connection with licensed activities under Section 31-116 only.
(e) The application shall be approved unless the applicant is not in compliance with any provision of this Article.
(Ord. No. G-3188, § 1; Ord. No. G-5224, § 20, adopted 9-3-2008, eff. 9-3-2008)
Sec. 31-113.01. Application; additional requirements.
No license shall be issued to an individual if the individual does not present any of the following documents to the City Clerk indicating that the individual's presence in the United States is authorized under Federal Law:
1. An Arizona driver license issued after 1996 or an Arizona nonoperating identification license.
2. A driver license issued by a state that verifies lawful presence in the United States.
3. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States.
4. A United States certificate of birth abroad.
5. A United States passport.
6. A foreign passport with a United States Visa.
7. An I-94 Form with a photograph.
8. A United States citizenship and immigration services employment authorization document or refugee travel document.
9. A United States certificate of naturalization.
10. A United States certificate of citizenship.
11. A tribal certificate of Indian blood
12. A tribal or Bureau of Indian Affairs Affidavit of Birth.
(Ord. No. G-5224, § 21, adopted 9-3-2008, eff. 9-3-2008)
Sec. 31-114. License fee; application fee.
(a) All applicants shall pay a nonrefundable initial application fee of thirty-five dollars to the City Treasurer.
(b) All licensees shall pay an annual license fee of thirty dollars. The initial annual fee imposed hereunder may be prorated to the nearest month subject to a ten dollar minimum initial annual license fee.
(Ord. No. G-3188, § 1; Ord. No. G-3336, § 13; Ord. No. G-3758, § 9; Ord. No. G-4100, § 9, passed 6-10-1998, eff. 7-1-1998; Ord. No. G-4275, § 12, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4682, § 11, adopted 3-30-2005, eff. 7-1-2005)
Sec. 31-115. Expiration of license; renewal; destruction of old license and copies; nontransferability.
(a) All licenses issued under the provisions of this Article shall expire at the end of the calendar year.
(b) Annual renewal of any license provided by this Article shall be made by payment of the fee set forth in section 31-114(b) within thirty calendar days prior to the expiration date thereof as provided in (a) above.
(c) Upon the issuance of a new license, the licensee shall destroy the original old license and all copies thereof.
(d) No license issued under this Article shall be transferable.
Sec. 31-116. Duties of licensees.
(a) No licensee may request permission to or actually paint a street address on a curb unless the licensee, concurrently with obtaining permission from the owner-occupant for such painting, displays to the owner-occupant an original or photo-exact copy of the licensee's current, active license. Only after permission has been obtained from the owner-occupant through this process may the licensee paint the street address on the curb.
(b) Licensees must limit all their business activities to the hours between 8:00 a.m. and 8:00 p.m. daily.
(Ord. No. G-3188, § 1)
Sec. 31-117. Curb painting requirements.
(a) All street addresses painted on curbs by licensees must meet the following guidelines:
(1) The paint used must be reflective and in contrasting colors.
(2) The address letters or numbers must be within a driveway or start within three feet of the driveway, and all letters or numbers must be a minimum of three inches high.
(b) Licensees shall be responsible for all cleanup connected with their business activities.
(Ord. No. G-3188, § 2)
Sec. 31-118. Termination of license.
(a) Any license issued pursuant to the provisions of this Article may be revoked by the Administrator if the licensee or anyone acting under the licensee's direction or control as an agent or employee violates any of the provisions of this Article.
(b) Any license issued pursuant to the provisions of this Article may be revoked by the Administrator if the licensee knowingly has made any false, misleading or fraudulent statement of material fact in the application for a license required in this Article.
(c) Any license issued pursuant to the provisions of this Article shall be revoked by the Administrator if the licensee or any person acting under the licensee's direction or control as an agent or employee has displayed to a customer or prospective customer for curb address painting, either the original of or any copy of an expired or revoked license.
(Ord. No. G-3188, § 1)
Sec. 31-119. Reserved.
ARTICLE XI.
PRIVATE STREETS*------------
Cross references: Subdivisions, ch. 32.
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Sec. 31-120. Fee schedule.
Part I. Fee schedule for dedication of private streets.
Application fee . . . . $1,050.00
Time extension fee (a one-time extension) . . . . 100.00
Part II. Fee schedule for private use applications.
License application fee . . . . $1,050.00
Revocable permit fees by separate ordinance.
Special Council action agreements . . . . 400.00
Letter of agreement application fee . . . . 50.00
Refund requests. A refund will be considered, retaining a fifty dollar minimum fee charge for initiating each request, if no action is taken and the applicant withdraws their request before any review or action is taken by the City.
(Ord. No. G-3563, § 1)
ARTICLE XII.
VIOLATIONS AND PENALTIESSec. 31-121. Violations and penalties.
A. The remedies herein are cumulative and the City may proceed under one or more remedies.
B. Any owner or responsible party who causes, permits, facilitates, or aids or abets any violation of any provision of this Chapter or who fails to perform any act or duty required by this Chapter is subject to a civil sanction of not less than five hundred dollars nor more than two thousand five hundred dollars. The five hundred dollar minimum sanction may not be waived.
C. Any owner or responsible party who causes, permits, facilitates, or aids or abets any violation of any provision of this Chapter or who fails to perform any act or duty required by this Chapter is guilty of a Class 1 misdemeanor.
D. Each day any violation of any provision of this Chapter or the failure to perform any act or duty required by this Chapter exists shall constitute a separate violation or offense.
E. Any civil action to enforce a civil sanction imposed pursuant to this Article shall be commenced and summons shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes, City ordinance or as provided in the Local Rules of Practice And Procedure, City Court, City of Phoenix.
F. Any party may appeal the judgment of the City Court to the Superior Court. Appeals from civil proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure, Civil. Execution of any judgment shall be stayed pending appeal when the defendant posts an appeal bond in accordance with the order of the Trial Court, or when no bond is fixed and a notice of appeal has been filed.
G. A civil citation brought pursuant to this section shall be served within one year of the offense.
(Ord. No. G-4035, § 1, passed 7-2-1997, eff. 8-1-1997; Ord. No. G-4753, § 10, adopted 11-16-2005, eff. 12-16-2005)
State law references: Penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28).
Sec. 31-122. Jurisdiction of Court.
A. Jurisdiction of all proceedings to enforce the provisions of this title [chapter] shall be in the Municipal Court of the City of Phoenix.
B. Civil Actions to enforce this title [chapter] may be adjudicated by a judge or a court hearing officer.
(Ord. No. G-4035, § 2, passed 7-2-1997, eff. 8-1-1997)
Sec. 31-123. Commencement of Civil Action.
Any Civil Action to enforce the provisions of this title [chapter] shall be commenced, and summons shall be issued in accordance with the procedures set forth in Arizona Revised Statutes, City ordinance or as provided in the Local Rules of Practice and Procedure– City Court– City of Phoenix.
(Ord. No. G-4035, § 3, passed 7-2-1997, eff. 8-1-1997)
Sec. 31-124. Admission or denial of allegation; hearing; findings of Court; Civil Sanction.
A. A person served with a civil citation or complaint shall appear at the time and place stated in the citation or summons, or may appear prior to the time and admit or deny the allegations of the complaint. Allegations not denied at the time of appearance are deemed admitted.
B. If the allegations are admitted, the court shall enter judgment for the City and impose a civil sanction.
C. If the person denies the allegations, the Court shall set the matter for hearing. Civil hearings are informal and held without a jury, and the City is required to prove the violation charged by a preponderance of the evidence. Technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. If the person elects to be represented by counsel, the person shall so notify the court at least ten days prior to the hearing date. Hearings may be recorded. If the court finds in favor of the person, the Court shall enter an order dismissing the citation or complaint. If the Court finds in favor of the City, the court shall enter judgment for the City and impose a civil sanction.
D. If the person served with a civil citation or complaint fails to appear on or before the time directed to appear or at the time set for hearing by the Court, the allegations shall be deemed admitted and the Court shall enter judgment for the City and impose a civil sanction.
(Ord. No. G-4035, § 4, passed 7-2-1997, eff. 8-1-1997)
Secs. 31-125– 31-199. Reserved.
ARTICLE XIII.
RIGHT-OF-WAY MANAGEMENT PROGRAMSec. 31-200. Authority and administration; adoption of Traffic Barricade Manual; definitions.
A. The City Manager shall develop, revise and publish a manual on procedures and practices necessary to establish temporary traffic control measures to be used in conjunction with partial and full restrictions of all City streets, alleys, sidewalks, bicycle lanes, and highways for construction or maintenance of all facilities within the right-of-way, hereinafter the "Traffic Barricade Manual." The City Manager shall have the responsibility to approve or disapprove all requests for temporary street, sidewalk (paved or unpaved), bicycle lane, equestrian path, special use trail, or alley restrictions, and to maintain a record of such restriction for its duration.
B. The City of Phoenix Traffic Barricade Manual, 2007 Edition, developed and published by the City Manager is hereby adopted.
C. The definitions set forth in Phoenix City Code Section 31-80(B) apply.
(Ord. No. G-5277, § 2, adopted 11-12-2008, eff. 12-12-2008)
Sec. 31-201. Temporary traffic control device installation and removal certification.
Any party wishing to install and remove temporary traffic control devices within the public right-of-way shall obtain a certification issued by the City Manager to engage in such activities. The City Manager may, in their sole discretion, issue a certification upon the applicant's satisfactory completion and annual submission of the following:
A. A fully completed application.
B. An application fee in the amount of seven hundred fifty dollars. The application fee entitles the certificate holder to attend the City's training program at no additional cost, and in addition, as space is available, to allow the attendance of the certificate holder's personnel at no additional cost.
C. Proof of insurance or an acceptable program of self-insurance for bodily injury and property damage liability in an amount required by the City Finance Department, Risk Management Division. All such insurance shall name the City as an additional insured and shall be maintained throughout the term of certification.
D. A certificate from the American Traffic Safety Services Association at the "Supervisory Level" or equivalent as determined by the City Manager in their sole discretion.
E. An agreement to protect, indemnify, defend and hold harmless the City for a claim for damage to a person or property that may be brought against the City because of applicant's activity conducted under the certification.
F. Proof of successful completion within one year of the application date of the training program established and administered by the City Manager related to the Traffic Barricade Manual and temporary traffic control devices.
(Ord. No. G-5277, § 3, adopted 11-12-2008, eff. 12-12-2008)
Sec. 31-202. Temporary traffic control device removal only certification.
Any party wishing to remove temporary traffic control devices within the public right-of-way shall obtain a certification issued by the City Manager to engage in such activities. The City Manager may, in their sole discretion, issue a certification upon the applicant's satisfactory completion and submission of the following:
A. A fully completed application.
B. An application fee in the amount of two hundred fifty dollars. The application fee entitles the certificate holder to attend the City's training program at no additional cost, and in addition, as space is available, to allow the attendance of the certificate holder's personnel at no additional cost.
C. Proof of insurance or an acceptable program of self-insurance for bodily injury and property damage liability in an amount required by the City Finance Department, Risk Management Division. All such insurance shall name the City as an additional insured and shall be maintained throughout the term of the certification.
D. An agreement to protect, indemnify, defend and hold harmless the City for a claim for damage to a person or property that may be brought against the City because of applicant's activity conducted under the certification.
E. Proof of successful completion within one year of the application date of a training program established and administered by the City Manager related to the Traffic Barricade Manual and temporary traffic control devices.
(Ord. No. G-5277, § 4, adopted 11-12-2008, eff. 12-12-2008)
Sec. 31-203. Temporary traffic control certification rejection, suspension or termination.
A. Rejection, suspension or termination of certification application. The City Manager may, as appropriate, reject a party's application for temporary traffic control certification, suspend a party's existing temporary traffic control certification or terminate a party's existing temporary traffic control certification for any one of the following:
1. The party's failure to satisfy all of the requirements in Section 31-201 or 31-202; or
2. The party's failure to pay a Civil Sanction on final adjudication of the Civil Action as provided in this Article for a violation of the Traffic Barricade Manual.
B. Notice of rejection, suspension or termination. The City Manager will issue notice of certification rejection, suspension or termination to the applicant or certificate holder, as applicable, to such party's last known address. The rejection, suspension or termination will run from the first day after the date of notice.
C. Appeal of certification rejection, suspension or termination. A party may appeal a rejection, suspension or termination of temporary traffic control certification pursuant to Section 31-205.
(Ord. No. G-5277, § 5, adopted 11-12-2008, eff. 12-12-2008)
Sec. 31-204. Traffic Barricade Manual violations; Civil Sanctions.
A. Authority and administration. The City Manager and the Chief of Police are authorized to issue notices for violating the Traffic Barricade Manual and may take those measures necessary to promote, preserve and protect public health, safety and welfare within the public right-of-way.
B. Violations of Traffic Barricade Manual; Civil Sanctions. The following violations of the Traffic Barricade Manual may result in a Civil Sanction. The amount of the Civil Sanction listed is the minimum amount per day for a violation prior to the commencement of a Civil Action as provided in Sections 31-206 through 31-208.
1. Any party's act, error, or omission within the right-of-way that creates an imminent risk of death or injury; Civil Sanction: $1,500.00.
2. Any party that restricts the right-of-way without proper certification or a right-of-way use permit; Civil Sanction: $1,000.00.
3. Any party that restricts the right-of-way during peak traffic hours without proper authorization, as such peak traffic hours and authorization are described in the Traffic Barricade Manual; Civil Sanction: $1,000.00.
4. Any party that fails to correct or cure a violation of the Traffic Barricade Manual within the time period stated on the notice of violation; Civil Sanction per day: $1,000.00.
5. Any party that restricts the right-of-way at an intersection with traffic signals and such party does not engage in any activity for a period of one continuous hour; Civil Sanction: $1,000.00.
6. Any party that improperly closes a sidewalk or closes a sidewalk without proper certification or a right-of-way use permit; Civil Sanction: $500.00.
7. Any holder of a right-of-way use permit that fails to comply with the conditions, restrictions, limits, times, or location of the right-of-way use permit; Civil Sanction: $500.00.
8. Any party that fails to install advance warning signs or fails to install advance warning signs that comply with the Traffic Barricade Manual; Civil Sanction: $500.00.
9. Any party that fails to install traffic barricades or channelizing devices or fails to install traffic barricades or channelizing devices that comply with the Traffic Barricade Manual; Civil Sanction: $500.00.
10. Any party that fails to remove an advance warning sign leaving the sign facing traffic after the traffic restriction has been removed; Civil Sanction: $250.00.
11. Any holder of a right-of-way use permit that fails to remove traffic control devices from right-of-way within twenty-four hours after right-of-way use permit expires; Civil Sanction: $250.00.
12. Any party that fails to install and maintain traffic control devices as described in chapter eight of the Traffic Barricade Manual; Civil Sanction: $250.00.
13. Any party that renders a bus stop inaccessible without relocating it or taking other actions that maintain access; Civil Sanction: $250.00.
C. Aggregate amount; separate violations. The Civil Sanction amounts set forth in this Section do not limit the aggregate amount that may be imposed by the City. Each day any violation of any provision of this Article or the failure to perform any act or duty required by this Article exists shall constitute a separate violation or offense.
D. Payment of civil sanctions. A party receiving a notice of violation under this Article shall make payment to the City of Phoenix for the Civil Sanction within fifteen calendar days of the notice of violation.
E. Failure to pay civil sanction. The party's failure to pay a Civil Sanction as provided herein shall result in the commencement of a Civil Action as provided in Sections 31-206 through 31-208.
(Ord. No. G-5277, § 6, adopted 11-12-2008, eff. 12-12-2008)
Sec. 31-205. Appeal of certification rejection, suspension or termination.
A. Time to appeal. A certification rejection, suspension or termination may be appealed by filing a written request for appeal with the City Manager within five business days of the date of notice of certification rejection, suspension or termination.
B. Appeal. If an appeal request is timely filed, within ten business days of the appeal request, the City Manager shall schedule an appeal hearing and designate a Hearing Officer who will conduct the hearing. The party requesting an appeal shall be allowed to appear, with or without counsel, and the City Manager may be allowed to appear, with or without counsel, to address the action taken.
C. Notice of appeal hearing. A notice shall be given to all parties involved in the hearing at least five business days prior to the date set for the appeal hearing. The notice shall include:
1. A statement of the time, place and nature of the hearing;
2. A statement of legal authority and jurisdiction under which the hearing is to be held;
3. A reference to the particular section(s) of the City Charter, City Code, Traffic Barricade Manual or State Statutes at issue; and
4. A short and plain statement of the matters asserted.
D. Hearing; burden of proof. The Hearing Officer shall hear testimony and receive evidence regarding the merits of the appeal. The burden of proof by a preponderance of the evidence shall remain with the person filing the appeal. The Hearing Officer shall issue findings of facts and conclusions of law no later than thirty business days from the date of the appeal request. Technical rules of evidence do not apply.
(Ord. No. G-5277, § 7, adopted 11-12-2008, eff. 12-12-2008)
Sec. 31-206. Civil Action for Right-of-Way Management Program violations and penalties.
A. The remedies herein are cumulative and the City may proceed under one or more remedies.
B. Any party who causes, permits, facilitates, or aids or abets any violation of any provision of this Article or who fails to perform any act or duty required by this Article is subject to a civil sanction of not less than five hundred dollars nor more than two thousand five hundred dollars. The five hundred dollar minimum sanction may not be waived.
C. Each day any violation of any provision of this Article or the failure to perform any act or duty required by this article exists shall constitute a separate violation or offense.
D. Any Civil Action to enforce a Civil Sanction imposed pursuant to this Article shall be commenced and summons shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes, City Ordinance or as provided in the Local Rules of Practice and Procedure, City Court, City of Phoenix.
E. Any party may appeal the judgment of the City Court to the Superior Court. Appeals from Civil Proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure, Civil. Execution of any judgment shall be stayed pending appeal when the defendant posts an appeal bond in accordance with the order of the Trial Court, or when no bond is fixed and a notice of appeal has been filed.
G. A civil citation or complaint brought pursuant to this Section shall be served within one year of the offense.
(Ord. No. G-5277, § 8, adopted 11-12-2008, eff. 12-12-2008)
Sec. 31-207. Jurisdiction of Court.
A. Jurisdiction of all proceedings to enforce the provisions of this Article relating to Civil Sanctions shall be in the Municipal Court of the City of Phoenix.
B. Civil Actions to enforce this Article may be adjudicated by a judge or a Court Hearing Officer.