Tempe City Law Severability and Enforceability
In Tempe, Arizona the municipal code includes severability and enforceability rules that determine whether a city ordinance remains operative if part of it is invalidated. This guide explains how severability clauses work in Tempe, who enforces city laws, typical penalties and appeals, and practical steps to seek compliance or challenge a provision. It is intended for residents, property owners, businesses, and local practitioners who need a clear roadmap to enforcement, forms, and contacts in Tempe.
What is a severability clause
A severability clause says that if one part of an ordinance is found invalid by a court, the remainder stays in force unless the valid portions are inseparable from the invalid ones. Tempe's consolidated code contains general provisions and severability language in the municipal code text; see the official code for the exact clause and wording. Tempe Code of Ordinances[1]
Penalties & Enforcement
Enforcement of Tempe city laws is handled by designated municipal departments depending on the subject: Code Compliance or Neighborhood Services for property and nuisance matters, the City Attorney for legal enforcement decisions, and Municipal Court for adjudication of many ordinance violations. Administrative remedies, civil actions, and criminal prosecutions may all be used depending on the ordinance and statutory authority.
- Fines: not specified on the cited page; consult the specific ordinance section in the municipal code for any listed monetary penalties. [1]
- Escalation: first, repeat, and continuing offence procedures and graduated penalties are set by individual code sections or administrative rules and are not summarized on a single official page; see the ordinance text for escalation language.[1]
- Non-monetary sanctions: orders to abate or comply, administrative orders, injunctive relief, seizure or removal of hazards, and referral to court are used depending on the code section; enforcement pathways are administered by City departments and the City Attorney. [3]
- Complaint & inspection: report violations to Tempe Code Compliance (online intake, phone, or in-person); inspections and notices of violation are issued by Code Compliance staff. [2]
- Appeals & review: many enforcement actions can be appealed to Municipal Court or through an administrative review process; specific time limits for appeals or requests for rehearing are stated in the ordinance or the enforcement notice, and where not stated are not specified on the cited page.[1]
- Defences & discretion: typical defences include permits, variances, compliance within a cure period, or a documented reasonable excuse; availability depends on the specific ordinance and any administrative rules or exceptions set out there.
Applications & Forms
No specific form is published solely for asserting severability of a code provision; challenges or petitions typically proceed through filings in Municipal Court or written requests to the enforcing department or City Attorney as applicable. For compliance, Code Compliance provides intake forms and online reporting for violations. [2]
Common violations and typical responses
- Nuisance property complaints (overgrowth, debris) — inspection, notice to abate, and administrative order.
- Unpermitted construction or work — stop work order and potential civil penalties or required permits.
- Parking and traffic ordinance breaches — citations handled by transportation or parking enforcement.
Action steps
- Identify the exact ordinance section in the Tempe Code and note any severability clause or penalty language.[1]
- Report or request enforcement through Tempe Code Compliance, include photos and location details.[2]
- If charged, review your notice for appeal deadlines and contact Municipal Court or the City Attorney for filing requirements.[3]
FAQ
- What happens if a Tempe ordinance is partly invalidated?
- If the ordinance includes a severability clause, the remainder typically stays in force unless the invalid part is inseparable; check the municipal code text for the exact clause.[1]
- Who enforces Tempe bylaws and how do I file a complaint?
- Enforcement is handled by the relevant department (commonly Code Compliance). File complaints online or by phone via Tempe Code Compliance.[2]
- Where do I appeal an enforcement action?
- Appeals are generally to Municipal Court or through administrative review processes; your notice of violation should state the appeal route and any deadlines or else consult the municipal code or the City Attorney's office.[3]
How-To
- Locate the specific Tempe ordinance text at the official municipal code and record the section number.[1]
- Gather evidence: photos, dates, witness names, and correspondence with the city or property owner.
- Submit a complaint to Tempe Code Compliance online or by phone and request inspection.[2]
- If enforcement is initiated against you, read the notice for appeal steps and contact Municipal Court or the City Attorney as directed.[3]
Key Takeaways
- Severability preserves valid parts of ordinances when courts invalidate specific provisions.
- Report and seek inspections through Tempe Code Compliance for most municipal violations.
- Appeals and specific penalties are set by ordinance language or enforcement notices; consult the exact code section.
Help and Support / Resources
- Tempe Code of Ordinances (official municipal code)
- Tempe Code Compliance - report violations & forms
- City Attorney - enforcement and legal guidance
- Tempe Municipal Court - appeals and filings