Arizona Laws 9-1302. Individual property inspections
A. For individual residential rental properties the city or town may conduct interior inspections if an exterior inspection of the property reveals or if the property is found to have any of the following:
Terms Used In Arizona Laws 9-1302
- Building code: means the construction codes that were in force at time of building construction, including plumbing and mechanical codes, electric codes, residential construction codes, energy conservation codes and existing building construction codes, and includes any property maintenance codes, neighborhood preservation codes, anti-blight codes or other similar codes, however denominated. See Arizona Laws 9-1301
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Exterior inspection: means the visual inspection of any portion of a residential dwelling unit that can be seen from a public street or other right-of-way, or that can be seen from an adjacent property if a complaint or consent is received from the adjacent property owner, lawful resident or lawful tenant. See Arizona Laws 9-1301
- Interior inspection: means a physical or visual inspection of the interior of a residential rental dwelling unit and other portions of a residential rental dwelling unit that are not visible from a public street, right-of-way or neighboring property that is made for the purpose of looking for building code violations. See Arizona Laws 9-1301
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Owner: means the person, corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust shown on the lawfully recorded title to the property. See Arizona Laws 9-1301
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: includes both real and personal property. See Arizona Laws 1-215
1. Conditions that materially affect the health and safety of the occupants as prescribed by section 9-1303.
2. A significant level of crime associated with the property.
3. A documented history of building code violations.
4. The owner repeatedly fails to comply with building code enforcement requirements imposed by the city or town.
5. There is probable cause that the residential rental property is not in compliance with the city’s building code.
6. A complaint is received from or consent for inspection is given by the owner of record, agent or property manager, a lawful resident or a lawful tenant of the residential rental unit.
B. If the city or town determines pursuant to subsection A of this section that an interior inspection is reasonably necessary and the property’s tenant has vacated, the city or town may require an additional inspection and approval by the city or town before a new occupancy is permitted.
C. Before entry the city or town shall receive consent of the owner of record or a lawful tenant or on issuance of a warrant.
D. This section does not limit the authority of a city or town to:
1. Perform an exterior inspection of any property in the city or town’s jurisdiction at any time.
2. On receipt of a complaint or consent from the owner or lawful tenant, perform an interior inspection of any property in the city or town’s jurisdiction.
3. Perform interior, exterior or construction job site inspections of new construction before issuance of a certificate of occupancy.
4. Perform interior or exterior inspections of illegal construction that occurred without a required building permit.
5. Perform an interior inspection of any property during an emergency or natural disaster.
E. A city or town may designate any of its departments to perform all or part of the duties granted to the city or town pursuant to this chapter.