Phoenix — Ch. 22 Art. VI Property Maintenance § 22-279
Definitions
Operative Text
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accessory structure means a structure, whether temporary or permanent, the use of which is incidental and secondary to that of the principal building and is located on the same premises. Basement means a portion of a building located partly underground, but having less than half of its clear floor-to-ceiling height below the average grade of the adjoining ground. Building means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land. Building code means the ICC International Property Maintenance Code, 2006 edition, adopted by the legislative body of this jurisdiction, or such other code as may be officially designated by the legislative body of the jurisdiction for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures. Building official means the official designated by the jurisdiction to enforce building, zoning or similar laws, or his duly authorized representative. Cellar means a portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground. Deterioration means the condition or appearance of a building or structure characterized by holes, breaks, rock crumbling, cracking, peeling, rusting, or other evidence of physical decay or neglect, excessive use, or lack of maintenance. Dilapidated means a building, structure, or part thereof which is in a state of ruin or shabbiness resulting from neglect. The term "dilapidated" implies a hazard to life or property. Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Dwellings means and includes the following: (1) Boardinghouse, tourist house means a building arranged or used for the lodging with or without meals, for compensation, by more than five and not more than 20 individuals. (2) Hotel means any building containing six or more guestrooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. (3) Multifamily apartment house means a building or portion thereof containing more than two dwelling units. (4) One-family dwelling means a building containing one dwelling unit. (5) Roominghouse means a building or part thereof, in which sleeping quarters (but not meals or cooking facilities) are provided by prearrangement for compensation on a weekly or longer basis for three or more persons. (6) Two-family dwelling means a building containing two dwelling units. Exterior property areas means the open space on the premises and on adjoining property under the control of owners or operators of such premises. Extermination means the control and elimination of insects, rodents, or other pests by: (1) Eliminating their harboring places; (2) Removing or making inaccessible materials that may serve as their food; (3) Poisoning, spraying, fumigation, trapping; or (4) Any other recognized and legal pest elimination approved by the health authority. Garbage means wastes resulting from the handling, preparation, cooking and consumption of food; including wastes from the handling, storage and sale of produce. Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable table space. Hotel. See Dwellings. Infestation means the presence, within or contiguous to, a structure or premises, of insects, rodents, vermin or other pests. Junk vehicle means any vehicle which is without a currently valid license plate or plates and is in either a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative, or abandoned condition. The term "junk vehicle" shall be classified as to its condition in one of the two following categories: (1) Restorable means a junk vehicle that is in a condition whereby repairs to the same could be made to place it in an operating condition without exceeding the estimated value when repaired. (2) Wreck means a junk vehicle in such a condition that it is economically unsound to restore the same to an operating condition, considering the repairs to be made, age of the vehicle, market value of the vehicle if it were restored or in such condition that the public officer, in his opinion determines that it warrants such classification. The village or its designee shall make the final determination as to the classification to be assigned to any particular vehicle. Maintenance means conformance of a building and its facilities to the code under which the building was constructed. Occupant means any person, living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit or rooming unit. Operator means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let. Owner means any person, agent, firm, or corporation having a legal or equitable interest in the property. Premises means a lot, plot or parcel of land including the buildings or structures thereon. Public nuisance means and includes the following: (1) The physical condition, or use of any premises regarded as a public nuisance at common law; (2) Any physical condition, use or occupancy or any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; (3) Any premises which have unsanitary sewerage or plumbing facilities; (4) Any premises designated as unsafe for human habitation or use; (5) Any premises which are manifestly capable or being a fire hazard, or are manifestly unsafe or unsecured as to endanger life, limb or property; (6) Any premises from which the plumbing, heating and/or facilities required by this article have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; (7) Any premises which are unsanitary, or which are littered with rubbish or garbage, or which have an uncontrolled growth of weeds; or (8) Any structure or building that: a. Is in a state of dilapidation, deterioration or decay; b. Has faulty construction; c. Is overcrowded; d. Is open, vacant or abandoned; e. Has been damaged by fire to the extent that it is: 1. Not able to provide shelter; 2. In danger of collapse or failure; and 3. Dangerous to anyone on or near the premises. Refuse means all combustible and noncombustible waste materials excepting garbage and sewage as now or hereinafter may be defined in 65 ILCS 5/11-19-2. The term "refuse" also includes ashes. Rehabilitation. The term "rehabilitation" includes all of the following: (1) Repairs to, or replacement of, present elements of any existing building, such as windows, stairs, flooring, wiring, etc.; (2) Rearrangement of rooms, by the relocation or partitions or walls, or by the installation of new bathrooms or kitchens; or (3) The general replacement of the interior or portions of the interior of a building; which may or may not include changes to structural elements such as floor systems, roof systems, columns, or load bearing interior or exterior walls. Renovation means a building and its facilities made to conform to present day minimum standards of sanitation, fire and life safety. Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping; but not for cooking or eating purposes. Rubbish means combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. Service facilities means those facilities and fixtures necessary for the supply of such required basic services as heat, electricity, hot and cold water, and sewage disposal. Structure means that which is built or constructed, including without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, stairways, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground. Unsanitary condition means a condition constituting a danger or hazard to the health of a person or persons occupying or frequenting a building or premises, or to the general public. Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space. Workmanlike. Whenever the words "workmanlike state of maintenance and repair" are used in this article, they mean maintenance and repair shall be made in a reasonably skillful manner. Yard means an open unoccupied space on the same lot with a building extending along the entire length of a street, or rear or interior lot line.
Section 22-279 of Phoenix's Chapter 22, Article VI establishes the shared vocabulary that governs the entire Property Maintenance article. It assigns precise meanings to terms like "dwelling unit," "public nuisance," "deterioration," and "workmanlike," ensuring that these words carry consistent, defined meanings whenever they appear elsewhere in the article. Because definitions shape how every other rule in the article is interpreted, this section functions as the interpretive foundation for all property maintenance obligations and enforcement actions that follow. Where context clearly calls for a different meaning, the article allows for that flexibility.
Plain English — not legal advice.
Property owners and operators subject to Phoenix Ch. 22 Art. VI should treat § 22-279 as the starting point for understanding their obligations under the entire Property Maintenance article. Terms that appear throughout the article—such as "operator," "owner," "maintenance," "deterioration," and "public nuisance"—carry the specific meanings defined here, not necessarily their everyday meanings. Compliant operators generally familiarize themselves with these definitions so that their practices align with the standards the article sets for habitability, upkeep, and nuisance prevention.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants, § 22-279 provides the definitional framework that underlies all tenant protections and landlord obligations found in Phoenix Ch. 22 Art. VI. Understanding how terms like "dwelling unit," "habitable room," "infestation," and "unsanitary condition" are defined can help tenants recognize when a condition on their premises may rise to the level of a code concern. Tenants who believe a condition violates the article's standards may consider contacting the relevant Phoenix building official—identified in this section as the official designated to enforce building and similar laws—or reaching out to a local tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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