Phoenix — Ch. 22 Art. VI Property Maintenance § 22-426.4
Noncompliance
Operative Text
If an inspection by the enforcement authority discloses noncompliance with any of the codes, ordinances or statutes referred to herein, said enforcement authority shall issue a noncompliance notice setting forth the areas of noncompliance and stating that the premises shall be brought into compliance within 60 days, or by a date thereafter established by the enforcement authority. When a subsequent inspection discloses compliance, a certificate of occupancy shall be issued. If there is continued noncompliance after the time limit established, continued occupancy in the premises without a certificate of occupancy by the seller shall subject the owner to a penalty of $500.00 per day. It shall be unlawful for the transferee to occupy the premises without a certificate of occupancy issued by the enforcement authority. In the event the inspection discloses noncompliance provided that the final water bill and all other debts or liens against the owner or the property are paid, the village may issue a certificate of non-occupancy allowing the title to transfer "As Is" so long as the parties post sufficient escrow with the village in an amount determined by the village.
Under Phoenix Ch. 22 Art. VI § 22-426.4, when an inspection reveals that a property does not meet applicable codes, ordinances, or statutes, the enforcement authority issues a formal noncompliance notice and sets a deadline—generally 60 days—for the owner to bring the property into compliance. A certificate of occupancy is issued only after a follow-up inspection confirms compliance. If the property remains out of compliance past the deadline, the owner faces a $500-per-day penalty for continued occupancy without that certificate, and it is unlawful for a buyer or transferee to occupy the premises without one. An alternative 'certificate of non-occupancy' may be issued to allow an as-is title transfer, provided outstanding water bills and liens are paid and sufficient escrow funds are posted with the village.
Plain English — not legal advice.
Property owners subject to Phoenix Ch. 22 Art. VI § 22-426.4 generally ensure that any noncompliance identified during an inspection is remediated within the timeframe stated in the noncompliance notice—typically 60 days or a date set by the enforcement authority. Compliant operators schedule a follow-up inspection promptly after completing repairs so that a certificate of occupancy can be issued before any transfer of title or continued occupancy occurs. Owners who anticipate an as-is sale typically confirm that all water bills and liens are satisfied and that adequate escrow funds are arranged with the enforcement authority to qualify for a certificate of non-occupancy under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Phoenix Ch. 22 Art. VI § 22-426.4, it is unlawful for a transferee to occupy a property without a certificate of occupancy issued by the enforcement authority, which means tenants or buyers taking possession have a right to confirm that such a certificate exists before moving in. If a property is being transferred as-is under a certificate of non-occupancy, that status signals that outstanding code issues have not been fully resolved, and occupants should be aware of what that means for habitability. Tenants who have questions about whether a property has a valid certificate of occupancy under this provision may contact Phoenix's enforcement authority directly or reach 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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