City of Tucson

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Case Details

Status:

Active

Type:

MULT : Porta potty and other items added to the front of the property for homeless to use

Address:

1540 W DELAWARE ST

Entered Date:

09/30/2025

Applicant:

N/A

Description:

Completed Inspections

Case Status: Active

Case Number: CE-VIO0925-04314

Case Description: MULT : Porta potty and other items added to the front of the property for homeless to use

Total Completed Inspections - 1

End Date	Description	Inspector	Results	Comments
10/08/2025	COT - ENFC - Code Enforcement - Initial		Completed	Upon arrival, Inspector Morales and I observed that the items were neatly arranged and did not obstruct the public right-of-way. Clear signage was posted explaining the homeowner’s intent to provide community support, and the area was free of clutter, debris, or any indication of nuisance conditions. There was no noticeable odor from the portable toilet, and the surrounding area showed no evidence of drug paraphernalia or other concerning activity. This visit was unannounced, so we have no reason to believe the area was specially prepared for our inspection. We briefly spoke with the homeowner, who informed us that the portable toilet was a temporary installation. She stated that it was rented for a three-month period, with the rental beginning approximately two weeks prior to our visit. When asked about permits or licensing, she indicated she had not obtained one but later left a voicemail for Inspector Morales expressing her willingness to comply with any permitting requirements, should they apply. Following a review of the Unified Development Code (UDC) and the Neighborhood Preservation Ordinance (NPO), Inspector Morales and I determined that the homeowner’s free offerings do not appear to violate City Code, as they are not obstructing the right-of-way. Regarding the portable toilet, we found no specific code provisions that prohibit the temporary placement of such a facility on private property and do not believe it could be declared a public nuisance as there is no harm, hazard, odor, or debris indicating a problem. Under UDC 4.11.1, the property owner could potentially be required to provide screening for the toilet. Furthermore, I am sympathetic to the neighbors complaints but do not feel there is an impact on them or their property severe enough that would supersede the homeowners rights on her private property.

Scheduled Inspections

SCase Number - CE-VIO0925-04314