§ 18-2. Definitions.

(a)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

(1)

Abandoned or junked vehicle means a vehicle that is inoperative, stripped, scrapped, discarded, wrecked, on blocks or similar devices, or is without current license plates, or has deflated or missing tire(s).

(2)

Abate means correct, including, but not limited to, repair, rehabilitate, demolish or remove.

(3)

Accessory improvements means improvements to land other than buildings, including, but not limited to, driveways, parking areas, pools, sidewalks, walkways, bridges, exterior steps, railings, monuments, fences, signs, screening walls and retaining walls.

(4)

Attractive nuisance means a condition, instrumentality, machine or other agency, which is dangerous to children or other individuals because of their inability to appreciate peril and which may reasonably be expected to attract them.

(5)

Blight means unsightly, unsafe or unsanitary conditions including, but not limited to, the accumulation of litter or debris; buildings, accessory improvements and structures with holes, breaks, rot, crumbling, cracking, peeling, or rusting; landscaped areas that are characterized by bare dirt, dead, damaged or uncontrolled plant growth or lack of maintenance; and any other similar condition of neglect, excessive use, decay, degeneration, disrepair, deterioration or infestation that constitutes a fire hazard or may have an adverse affect upon the health, safety, aesthetic or general welfare of citizens.

(6)

Building means any structure or part thereof intended to be or actually used by humans or animals for any purpose, including, but not limited to, living, sleeping, eating, cooking, sanitation, medical service, business, government, worship, education, recreation or storage.

(7)

Clean fill means clay, rock, sand or soil which is free of plant growth, debris and litter.

(8)

Code inspector means City of Scottsdale employees and supervisors whose job duties include investigation and enforcement of violations of this chapter.

(9)

Code supervisor means City of Scottsdale supervisors and directors whose job duties include supervision of code inspectors and investigation and enforcement of violations of this chapter.

(10)

Debris means junk, including, but not limited to, lumber, furniture, furniture parts, cabinets, refrigerators, stoves, sinks, abandoned or neglected equipment, abandoned or junked vehicles or parts thereof, or the remains of something of little or no apparent economic value.

(11)

Designee means a person appointed in writing by the city manager as authorized to carry out specific actions to enforce this chapter. The writing shall be filed with the city clerk and shall specify the designee's authority.

(12)

Dust free surface means an area completely covered by (1) concrete, asphalt, cement or sealed aggregate pavement; (2) three (3) inches deep crushed rock completely contained in a permanent border; or (3) another stabilization material or method approved by the city. Dust free surface does not include areas of grass, lawn, compacted dirt or hard-packed dirt.

(13)

Exterior building surfaces means outside walls, roofs, fixtures and attachments to a building or structure, including, but not limited to, doors, windows, gutters, down spouts, lights, antennas, satellite dishes, porches, posts, railings, garages, eaves, trims, patios and chimneys.

(14)

Garbage means any discarded or spoiled animal or plant matter resulting from the handling, preparation, cooking, or consumption of food; and any other animal or matter subject to rapid decomposition.

(15)

Graffiti means any unauthorized inscription, figure, drawing or other defacement that is written, marked, scratched, drawn, painted or otherwise affixed to any exterior building surface, unscreened area, accessory improvement or vehicle.

(16)

Grass means herbage intended to be or actually used for food, fodder or lawn.

(17)

Infestation means the presence or apparent presence of insects, rodents, birds, animals or other noxious pests of a kind or in a quantity that may have an adverse effect upon a building or structure or upon the health, safety, aesthetic or general welfare of citizens.

(18)

Land means all land in the city and all buildings, structures and accessory improvements located thereon.

(19)

Landscaped area means an exterior improvement or change of land through plant growth or natural or artificial topping material such as rocks or stones, or a combination of plant growth and topping material.

(20)

Landscape waste means any dirt, dust, sand, stones, excavation material, leaves, landscape clippings, severed plant growth or any other material resulting from landscape installation or maintenance.

(21)

Leaf blower means any device that generates a stream of air that is designed or used to move landscape waste or litter.

(22)

Litter means all solid waste including, but not limited to, ashes, street cleanings, severed plant growth, garbage, dead animals, animal feces, abandoned or junked vehicles or parts thereof, solid commercial and industrial waste, paper, rags, empty barrels, crates, packing cases, boxes, cartons, wood shavings, packing material, wrappings, cigarettes, cardboard, landscape clippings, leaves, metal, mattresses, bedding, crockery, bottles, cans, glass, plaster, plastic, asphalt, tile, rock, bricks, clean fill, fill dirt, excavation material, or other materials tending to create an unsightly condition and having an adverse effect upon the health, safety, aesthetic or general welfare of citizens.

(23)

Livestock activity areas means areas devoted to any activity directly related to feeding animals, displaying animals, racing animals, exercising animals, and/or for any other such activity, including, but not limited to, livestock arenas, horse arenas, feed lots, and access.

(24)

Major Vehicle Repair means the removal from any vehicle of a major portion thereof including, but not limited to, the differential, transmission, head, engine block, or oil pan.

(25)

Natural desert means undisturbed, unimproved land with undisturbed native vegetation.

(26)

Plant growth means vegetation, whether living or dead, including, but not limited to, grass, flowers, weeds, vines, bushes, shrubs, cacti or trees.

(27)

Pool means a constructed or excavated exterior area designed to contain a regular supply of water, including, but not limited to, a swimming pool, spa, waterfall, pond or other body of water.

(28)

Public place means any city-owned street, sidewalk, alley, easement or other public way, and any public park, square, space, land or building.

(29)

Public roadway means that part of the street used or intended for use by the general public for motor vehicles.

(30)

Regularly used in the commission of a crime means one (1) or more law enforcement agencies have documented three (3) or more complaints alleging criminal activity in three (3) or fewer consecutive months at the address or location of the building or land.

(31)

Residential rental property means property that is used solely as leased or rented property for residential purposes. If the property is a space rental mobile home park, residential rental property includes the rental space that is leased or rented by the owner of that rental space, but does not include the mobile home or recreational vehicle that serves as the actual dwelling if the dwelling is owned and occupied by the tenant of the rental space and not by the owner of the rental space.

(32)

Rural residential lifestyle means land that is improved with a single family dwelling; zoned R1-190, R1-130, R1-70, R1-43 or R1-35 under the city zoning ordinance, as amended; and meets one (1) or more of the following criteria:

a.

Overlaid by the environmentally sensitive lands overlay zoning district under the city zoning ordinance, as amended;

b.

Outside of a recorded subdivision plat; and/or

c.

Accessed solely from an unpaved street, easement or driveway.

(33)

Slum property means residential rental property that has deteriorated or is in a state of disrepair and that manifests one (1) or more of the following conditions that are a danger to the health or safety of the public:

a.

Structurally unsound surfaces, roof, walls, doors, floors, stairs, stairwells, porches or railings.

b.

Lack of potable water, adequate sanitation facilities, adequate water or waste pipe connections.

c.

Hazardous electrical systems or gas connections.

d.

Lack of safe, rapid egress.

e.

Accumulation of human or animal waste, medical or biological waste, gaseous or combustible materials, dangerous or corrosive liquids, flammable or explosive materials or drug paraphernalia.

(34)

Street means the full right-of-way used by the general public for road, highway, alley, pedestrian walkway or bikeway purposes, whether or not improved or accepted for maintenance by the city.

(35)

Structure means any item constructed or erected, the use of which requires a location on the ground or attached to something having a location on the ground, but not including a vehicle.

(36)

Unpaved street means a public or private street that is not paved or treated by the city with dust palliatives.

(37)

Unscreened means visible from a place reasonably accessible to the general public or to a person standing on adjacent land.

(38)

Vacant lot means land that has been or has not been disturbed and/or was previously developed, and may contain structures but does not contain buildings.

(39)

Vehicle means any device in, upon or by which a person or property is or may be transported or drawn on a street, including, but not limited to, an off-road vehicle, an all-terrain vehicle, a dirt bike, a buggy, a trailer, an aircraft of any kind and a device used exclusively on rails or tracks.

(40)

Watercraft means any device specifically designed for use on water, including, but not limited to, a boat, canoe, jet ski or pontoon.

(41)

Weed means any uncultivated plant growth, including, but not limited to, bull thistle, cocklebur, foxtail, horseweed, lambs quarters, London rocket, mallow, milkweed, pigweed, mustards, prickly lettuce, ragweed, Russian thistle, tumbleweed, shepherds purse, sowthistle, white horsenettle, willow weed, and plant growth defined as noxious weeds in state statutes regardless of whether an owner or occupant regards the plant growth as desirable.

(Ord. No. 3448, § 1, 6-4-02; Ord. No. 3669, § 1, 3-21-06; Ord. No. 3775, §§ 1, 2, 3-18-08; Ord. No. 3789, §§ 1, 2, 4-15-08; Ord. No. 4133, § 1(Res. No. 9626, Exh. A, § 1), 2-25-14)