Title
Chapter 39 Text Amendment to Prohibit Unsound Fences in Right of Way (Ordinance G-7342) - Citywide
Description
Requests City Council approval of the proposed changes to Chapter 39, Section 6B to include unsound fences in the right of way and define "immediately abutting right of way" in Section 3.
Report
Summary
The stated purpose of the Neighborhood Preservation Ordinance, Chapter 39 of the City Code, is to promote the health, safety and welfare of the citizens of Phoenix, and to protect neighborhoods against hazardous, blighting and deteriorating influences or conditions that contribute to the downgrading of neighborhood property values by establishing minimum standards for the condition of the interior of residential buildings and by establishing requirements for maintenance of all residential and nonresidential buildings, structures of whatever kind, and vacant and improved land.This is achieved by the Neighborhood Services Department (NSD) through education and enforcement.
Chapter 39, Section 6B grants NSD the authority to enforce on fences, screen walls and retaining walls that constitute a hazard, blight or condition of disrepair; however, it does not currently specifically state the ordinance applies to violations that extend into the right of way. This proposed code change would ensure the stated intent of the ordinance includes the authority to enforce blight related to unsound fences/walls on both private property and the immediately abutting right of way.
All staff recommended amendments to Chapter 39 are highlighted in Attachment A.
Concurrence/Previous Council Action
On November 25, 2024, the Economic Development and Housing Subcommittee unanimously recommended City Council approval of the Chapter 39 Text Amendment changes by a vote of 4-0.
Department
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Neighborhood Services Department.