Phoenix — Ch. 22 Art. VI Property Maintenance § 22-343
Emergencies
Operative Text
(a) Authority. Whenever in the judgment of the chief building inspector or his designee an emergency exists which requires immediate action to protect the public health, safety, or welfare, an order may be issued, without a hearing or appeal, directing the owner, occupant, operator or agent to take such action as is appropriate to correct or abate the emergency. If circumstances warrant, the chief building inspector or his designee may act to correct or abate the emergency. (b) Service of notice. Immediately after the violation is corrected by the chief building inspector or his designee under the procedure described in subsection (a) of this section, the inspector's supervising authority, or their designee shall serve or cause to be served a copy of the order on the owner or manager pursuant to the procedures outlined in this division. (c) Order. The order issued under this section shall: (1) Contain a description of the dwelling sufficient to identify and locate it; (2) Set out the particulars of the violation and the reasons why such violation constituted an urgent hazard to the health and safety of any person; (3) Have appended thereto a statement from the inspector setting out the measures taken by the village and the amount expended by the village in so doing; and (4) Contain notice of the appellate procedures contained in this division. (d) Recovery of costs. When repairs are made or other corrective action taken at the direction of the chief building inspector or his designee, the cost of such repairs and corrective action shall constitute a debt in favor of the village against the owner of the repaired structure. In the event such owner fails, neglects or refuses to pay the village the amount of this debt, it shall be recoverable in a civil action against the owner or his successor, brought in a court of competent jurisdiction by the village, which shall possess all rights of a private creditor, or any other means of collection available to municipal corporations as set forth in state statutes. (e) Liens. In addition to other methods of recovery, the cost of repair or other corrective action incurred by the village is recoverable from the owner or owners of such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances, except taxes; provided that within 60 days after such repair or corrective action, the village shall file a notice of lien of such costs and expenses incurred in the office of the recorder of deeds. The notice of lien must consist of a supporting statement setting out: (1) A description of the real estate sufficient for identification thereof; (2) The amount of money representing the cost; and (3) The dates when the cost and expense were incurred by the village. (f) Release of lien. Upon payment of the cost and expense by the owner of or persons interested in the property after a notice of lien has been filed, the lien shall be released by the village and the release may be filed of record, as in the case of filing a notice of lien. The lien may be enforced by proceedings to foreclosure as in the case of mortgages or mechanic's liens. A suit to foreclosure such lien must be commenced within three years after the date of filing a notice of lien.
Phoenix City Code § 22-343 establishes an emergency authority that allows the chief building inspector (or a designee) to order immediate corrective action—or to directly intervene—when a property condition poses an urgent threat to public health, safety, or welfare, bypassing the normal hearing and appeal process. After the city acts, it must serve a formal written order on the property owner describing the violation, the work performed, and the costs incurred. Those costs become a debt owed to the city and can be collected through civil action or recorded as a lien against the property—one that takes priority over most other existing liens—if the owner does not pay.
Plain English — not legal advice.
Under § 22-343, a property owner may receive an emergency order with no prior hearing, meaning the city can act first and notify afterward when conditions are deemed an urgent hazard. Compliant operators generally maintain properties in a condition that prevents emergency-level violations, keep current contact information on file with the city so orders can be promptly served, and respond quickly to any debt notice to avoid civil action or a superior lien being recorded against the property. Owners should also be aware that a lien filed under this section must be foreclosed within three years of recording, and that the order itself will contain information about available appellate procedures.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 22-343 gives occupants some assurance that the city has authority to step in and correct dangerous property conditions immediately, without waiting for a formal hearing, when the chief building inspector determines an emergency exists. Tenants who believe a condition in their dwelling rises to an emergency level may contact the Phoenix building inspection office to request an evaluation under this provision. Those seeking to understand their rights in connection with an emergency order or its aftermath can consult a tenant-rights organization or legal aid service familiar with Phoenix property maintenance code.
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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