The Enforcement program applies the Maricopa County Environmental Health Code (MCEHC), Arizona Administrative Code, applicable sections in the
Code of Federal Regulations, and pertinent Arizona Revised Statutes sections in Titles 11, 36, 41 and 49 as they relate to sources requiring
Department permits and/or approvals or sources that do not require a permit. Permitted source examples include but are not limited to: food establishments,
swimming pools, mobile home parks, pet shops, pet groomers, public accommodations, public water systems, school grounds and septic systems.
Whereas, non-permitted investigated concern examples include:
- Animals – The disposal/accumulation of animal droppings on a property and the presence and/or proper disposal of dead animals.
- Health/Safety – Unsanitary public restrooms.
- Illegal Dumping – Uncontained garbage, refuse and rubbish on non-residential/non-commercial property.
- Pests – Pests as covered under the MCEHC within rental and residential units.
- Sewage – Raw sewage on a property, including within rental and residential units
- Trash/Refuse –Uncontained garbage, refuse, and rubbish on residential/commercial property.
The Environmental Services Department uses one of the following methods of legal action to enforce the MCEHC:
Cease and Desist Orders are issued for serious violations of the MCEHC. The violation must be corrected immediately
and a hearing may be requested. Disregarding the order will result in injunctive action in Maricopa County Superior Court.
Citations or Notices to Appear (Class III Misdemeanors) are issued for violations of the MCEHC. The citation
directs the defendant to appear for arraignment in Justice Court.
Compliance Orders are issued for violations of the MCEHC and an existing NOV. The violation must be corrected within
a specified timeframe and a hearing may be requested. Disregarding the order will result in action in Maricopa County Superior Court.
Notices of Violation and Demands for Compliance (NOV) are issued for serious violations of the MCEHC. The violation
must be corrected within a specified timeframe and a hearing may be requested. Disregarding the NOV will result in a Compliance Order
being issued by the Department.
Permit Revocations may be initiated against a permitted facility/establishment that has not demonstrated compliance or
has been found in violation of any applicable code. Permit revocation may also be initiated against trailer parks, hotels,
semi-public swimming pools, and retail food establishments.
Permit Suspensionsmay occur immediately for serious MCEHC violations, which pose a major health hazard. The facility/establishment
would not be permitted to operate until a subsequent inspection shows the health hazard has been removed and/or corrected.
Settlements or Stipulation Agreements are issued for violations of the MCEHC when a serious hazard does not exist.
A settlement or stipulation agreement would only be issued after one of the above noted enforcement actions were initiated.
Legal Enforcement Policy of the Maricopa County Environmental Health Code
For questions or requests for additional information, contact us at (602) 506-6616, or by email.