GROUP HOMES

A neighborhood coalition called Take Action Phoenix has developed a position paper and wishes to present it to the City Council to replace the poorly worded and nebulous changes proposed by City of Phoenix Planning and Development. Below is a one-page summary, and following that the complete position paper.

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There has been significant opposition to the City of Phoenix Text Amendment (TA-22-08-5) from neighborhoods around the city. This has prompted a group of neighborhood representatives (NR) to produce this Position Paper. Various issues, concerns and recommendations were conveyed regarding four key points:
1. Keeping the maximum number of occupants in an unregistered Sober Living Home at five
2. Reasonable Accommodation Guidelines
3. Registration of all Sober Living Homes
4. Health and safety standards to protect those in recovery.

In 2015, the City of Phoenix zoning ordinance pertaining to homes for individuals with disabilities with 6 or more occupants was challenged and investigated by the U.S. Department of Housing and Urban Development (HUD) because it did not provide for reasonable accommodations. The investigation was dropped once a reasonable accommodation was issued. The Law Department advised the City, not to enforce the spacing requirement until reasonable accommodations were added to the ordinance. The Planning and Development department has proposed a text amendment to provide this required change. However, the text amendment contains other changes that HUD did not require such as increasing the threshold number from 5 to 6 for homes not requiring registration.

Facts:
• Because there is not a registration requirement for Group Homes for the Handicapped with 5 or less occupants:
o There is not any way for Phoenix to know the total number operating in Phoenix.
o There is not any way for Phoenix to know when a neighborhood becomes institutionalized or if clustering takes place.
o There is no method to hold businesses accountable for the safety and health of those in their care.
o Neighbors have no recourse when issues from these homes arise that disrupt the quality of life of the residents in the immediate area.

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A Perspective on Addressing the Needs and Issues for Group Homes for the
Handicapped
April 4, 2017

1 Executive Summary
There has been significant opposition to the City of Phoenix Text Amendment (TA-22-08-5) from neighborhoods around the city. This has prompted a group of neighborhood representatives (NR) to produce this Position Paper. Various issues, concerns and recommendations were conveyed regarding four key points:

1. Keeping the maximum number of occupants in an unregistered Sober Living Home at five
2. Reasonable Accommodation Guidelines
3. Registration of all Sober Living Homes
4. Health and safety standards to protect those in recovery.

In 2015, the City of Phoenix zoning ordinance pertaining to homes for individuals with disabilities with
6 or more occupants was challenged and investigated by the U.S. Department of Housing and Urban Development (HUD) because it did not provide for reasonable accommodations. The investigation was dropped once a reasonable accommodation was issued. The Law Department advised the City, not to enforce the spacing requirement until reasonable accommodations were added to the ordinance. The Planning and Development department has proposed a text amendment to provide this required change. However, the text amendment contains other changes that HUD did not require.

Starting in 2017, there have been three meetings that the group of neighborhood representatives have had with the Planning and Development department regarding the text amendment.
Discussions regarding the key points listed above showed that the current proposed text amendment
needed augmentation. This paper is a consolidation of the concerns, issues and recommendations put forth by the group.

Much research has gone into the issues and concerns around this text amendment by the city staff and the neighborhood representatives. In 2016, Arizona passed into law, A.R.S §9-500.40 (Structured Sober Living Homes) allowing municipalities to adopt safety and health ordinances. What has surfaced was a substantive ordinance (5006-1544) approved by the City of Prescott in 2016 which fills the holes that the NR deem incomplete or missing. We, the neighborhood representatives, recommend that the City of Phoenix adopt and adapt an ordinance similar to that of the City of Prescott Ordinance 5006-1544.

In addition, our research has uncovered potential tax revenue owed to the City through collection of Transaction Privilege Tax by Sober Living Homes, including those with five or less occupants that are currently not registered.

What is not in this paper is the exact verbiage to use in the ordinance(s) and section(s).

2 Purpose
This paper was written by a group of Phoenix neighborhood leaders and stakeholders who have been participating in the public meetings held to discuss the Text Amendment Z-TA-22-08 containing proposed changes to Group Facilities including Group Homes for the Handicapped.

The main purpose of this paper is to provide a residential viewpoint of how the City of Phoenix can best balance the rights and needs of people seeking recovery with the rights of residents living residential zones.

3 Background

3.1 Untold number
It is a fact that the city of Phoenix does not know how many Group Homes for the Handicapped are operating in Phoenix. Since there is not a registration requirement for Group Homes for the Handicapped with 5 or less occupants, there is not any way for Phoenix to know the total number operating in Phoenix. Because of this, Phoenix is completely unaware of when a neighborhood has becomes institutionalized or if Group Homes for the Handicapped clustering is taking place. This
has a serious impact on the character of neighborhoods, as well as the people Group Homes for the Handicapped serve. When a neighborhood becomes institutionalized, it defeats the purpose of a neighborhood-based recovery home.
3.2 Safety of those in recovery
In addition to not knowing how many Group Homes for the Handicapped there are in Phoenix, there isn’t a way for Phoenix to ensure that businesses running a Group Homes for the Handicapped are held responsible for the safety and health of those in their care.
3.3 Experience
As a collective group of neighborhood stakeholders, we bring a variety of experience to the table. We all have had experiences of living in a neighborhood with Group Homes for the Handicapped. In addition, the collective experience of our group includes well established neighborhood leaders
who have worked with the City on ordinances in the past, former zoning officer (first-hand
experience and knowledge of enforcement issues), data and database administrator (collecting and mapping the locations of Group Homes for the Handicapped with 5 or less) , business and forecasting experience, and most important of them all – first-hand experience of living near an unregulated and poorly run group home.

4 Our Positions

4.1 Equal treatment
It should be made clear, that we understand that individuals with disabilities have equal rights. We understand that individuals recovering from alcohol or drug addiction are disabled. We applaud the City of Phoenix’s efforts to ensure that all Individuals (including the disabled) are treated equally.

Under no uncertain terms, do we condone unequal or adverse treatment of the disabled. We are in favor of equal rights for all Phoenix residents.

Concerns arise when a group of people (no matter who the group is) receives preferential treatment at the expense of equal treatment and the rights of others. Every single one of our personal experiences includes a group receiving preferential treatment at the expense of others. In addition, in some of our experiences, businesses that run these homes are receiving preferential treatment while at the same time neglecting the care of the very people they receive money to care for. These are the reasons that we have collectively combined our efforts to create this position paper.
4.2 Current Proposed Text Amendment Changes

4.2.1 Definitions
4.2.1.1 Replacing Group Home for the Handicapped with three new definitions: Assisted Living
Home, Residential Care Home, and Sober Living Home

We applaud and value this change. It has been needed for quite some time and will provide needed clarity.

4.2.1.2 Request to Keep Rooming House

Removing a definition does not mean that the practice of operating a rooming house goes away. There does not seem to be any harm in keeping the definition. However, if it is removed, there becomes the potential for harm or misuse since it is not defined. At minimum, keeping it will only provide clarity to the residents of Phoenix as to what the city deems is a Rooming House. This definition, being available, may prevent phone calls to Neighborhood Services Department (NSD) seeking information and therefore save City employee’s time and resources.

4.2.1.3 Request to ADD definitions
• Single Housekeeping Unit – A group of persons occupying a residential dwelling as a primary residence, where joint use of and responsibility for common areas, sharing household activities, responsibilities and expenses are shared and that residential activities are conducted on a nonprofit basis.

If the residents are renters, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, have some control over who occupies the dwelling unit, and occupy the dwelling under a single written lease.

• Primary Residence – A definition of this term was requested at the first public meeting. We request that the city publically define this term.

4.2.2 Do Not Change The Number Of People Allowed In Group Homes For The
Handicapped From 5 to 6 In Homes Where Distancing Requirements Do Not Apply.
On page 8 of the Z-TA-22-08 staff report. The conclusion states that the changes that are
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recommended are minimal. As neighborhood stakeholders, our experiences show otherwise.

One of the most significant changes that this text amendment proposes is to change the minimum number of people in a home from six to seven where spacing requirement and registration apply.

Currently, there are an untold number of Group Homes for the Handicapped (Sober Living Homes, Residential Care, and Assisted Living Homes) operating in the City of Phoenix, that have five or less people – or that have not properly reported that they are servicing six or more people to the City.

If the City of Phoenix has no way to determine how many of homes there are now, and there is not a single fact or figure used to determine this increase, it would be irresponsible of the City to make a change like this without any factual support. Allowing homes to increase the number of occupants without knowing how many homes there are, is not a minor change. It is significant.

4.2.3 Reasonable Disability Accommodation
Federal law is very clear that cities and municipalities are “to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford equal opportunity to use and enjoy a dwelling” 42.U.S.C. § 3604(f)(3)(B) .

We understand the need for adding a process for reasonable accommodation, and the need to include transparent guidelines that will serve as a baseline to objectively evaluate accommodation requests. Reviewing an accommodation request based on distance/space, should be part of the evaluation, not the entire basis of the evaluation.

What constitutes reasonable accommodation “requires a fact-specific, individualized analysis of the disable individuals’ circumstances and the accommodations”1. Any process outlined to evaluate the request for reasonable accommodation should include the requirement that the requestor provide sufficient facts and evidence that the accommodation is necessary. Evaluating on space alone does not meet the City’s obligation to review the need. Costa
Mesa denied a reasonable accommodation for a Sober Living Home to increase its occupants from six to twelve. That Sober Living Home sued Costa Mesa. It was determined that the Plaintiff failed to make their case with sufficient facts to demonstrate that their requested accommodation was necessary2. In this case, spatial factors did not come in to play at all.

In regards to the proposed spacing guidelines that are outlined3, two components are of concern.

• Item 2 – municipal open space

1 McGary, 386 F. 3d at 1270 (from Wong v. Regents of Univ of Calif., 192 F. 3d 807, 818 (9th Cir. 1999))
2 Yellowstone Womens First Step House, Inv. V. City of Costa Mesa, 2016
3 City of Phoenix, Planning and Development Department, Staff Report Zoning Ordinance Text Amendment
Z-TA-22-08, 28 Dec 2016, Phoenix, AZ, pg. 34. 4

We request an increase of municipal open space to be used to be the size of 20 acres4.

These types of spaces can make up a big component of a neighborhoods character, especially in regards to parks. Parks can also bring in a considerable amount of traffic. Unilaterally resetting a count at a parks border may allow for these types of group homes to institutionalize areas that border parks. In addition, an increase of more than 6 people to an area that already has additional traffic and noise may be detrimental to the neighborhood character.

• Item 5 – arterial streets

We request that arterial streets be removed from the guidelines all together. Instead, requests should be reviewed on a case-by-case basis of arterial streets that are located in the area. Arterial streets in Phoenix are extremely common, and are not one size fits all. Many arterial streets have homes directly on them.

Homes located on arterial streets are already forced to accept an inordinate amount of traffic congestion and noise. With Phoenix’s ever increasing population, so too does the traffic. A home purchased 10 years ago on an arterial street has already seen a significant increase in traffic and noise in their neighborhood.

Restarting a count at arterial streets can result in changing the character of these parts of a neighborhood. It can also result in institutionalization of arterial streets or the streets
adjacent to them. It also presents an undue burden of increased traffic, vehicle emissions and
noise on residents that already live with a significant amount of these issues.

4.2.4 Request To Add Provision That All Group Homes for The Handicapped Register With
Phoenix
We request that the City of Phoenix require all Group Homes for The Handicapped be required to register, no matter how occupants are in the home.

Registration will allow the City of Phoenix to know if a neighborhood becomes institutionalized. We also request, that to help ensure the safety and health of those in recovery, homes that fall into the Sober Living Home category should also be required to be licensed (no matter how many occupants).

4.2.4.1 Background:

4 “The Dimension of an Acre,” Infoplease.com, Accessed March 31, 2017. https://www.infoplease.com/askeds/dimensions-acre. An acre is defined as the area of 1 chain (66 feet) by
1 furlong (660 feet) 5

There is existing case law that demonstrates a City can require Group Homes for the Handicapped to meet certain requirements; if it can be proven that the Group Homes for The Handicapped are treated more favorably than other residential uses.5

4.2.4.2 Examples of Preferential Treatment of Group Homes for The Handicapped

a. Currently Phoenix requires that a Group Home (non-disabled) of 6 or more, not only be licensed by the Maricopa County Health Department, but this type of home is also required to have a Special Permit to operate in single-family residential zones. The number does not exclude live-in staff. 6

b. Phoenix allows Sober Living Homes of 6 or more (less than 10) to operate without any license or Special Permit. Therefore, the current Phoenix City ordinance benefits Sober Living Homes over Group homes for non-disabled.7

c. Phoenix City Ordinance prevents a single-family residence from operating a home based business that has employees that live off-site. In most cases, Sober Living Home business owners live off-site. By allowing businesses to operate Sober Living Homes in residential neighborhoods (no matter how many people they house), the City of Phoenix is providing preferential treatment to those businesses over every resident in the neighborhood.

Most Sober Living Homes rent rooms on a week-to-week basis, and the people staying there do not sign a lease or have a verbal month-to-month agreement. Usually, they sign an Agreement that states (and has the resident acknowledge) that they are a guest and can be removed at any time for violation of the agreement (so they can be removed without an eviction process). This in itself establishes that the residents are transients8 and not tenants. Therefore they do not have tenants’ rights.

d. Phoenix requires a Special Use Permit for operating a Bed & Breakfast9. Along with the Special Use Permit, there are several provisions that must be met. Sober living homes are not subject to these provisions and therefore receive preferential treatment over a Phoenix resident who wishes to run a Bed & Breakfast by providing lodging on a
temporary basis (to transients).

5 Solid Landings Behavioral Health, Inc v City of Costa Mesa, 2015
6 Phoenix (AZ.). Planning and Development. Zoning Ordinances, Chapter 2. Sec 202 Phoenix, AZ: Planning
and Development, 2016. Definitions
7 Phoenix (AZ.). Planning and Development. Zoning Ordinances, Chapter 6. Sec 647 Phoenix, AZ: Planning and
Development, 2016. Special Use Permit
8 Phoenix City Code – 14-100 General definitions: Transient – “means any person who either at the person’s
own expense or at the expense of another obtains lodging space or the use of lodging space on a daily or weekly basis, or on any other basis for less than thirty (30) consecutive days.”
9 Phoenix (AZ.). Planning and Development. Zoning Ordinances, Chapter 6. Sec 647 Phoenix, AZ: Planning
and Development, 2016. Special Use Permit 6

e. Phoenix also requires businesses and residents providing temporary lodging to collect a Privilege Tax if providing lodging to transients.10

Because there are several examples that can be used to establish that Group Homes for the Handicapped receive preferential treatment over other land uses, it is reasonable for the City of Phoenix to require registration for all homes, regardless of the number of occupants. Registration will allow the City of Phoenix to know how many there are, and if a neighborhood becomes institutionalized.

4.3 Health & Safety Ordinances for Sober Living Homes

4.3.1 Need
Sober living homes are responsible for a vulnerable population and as such, operators must be held accountable through a city program that establishes health & safety standards for sober living businesses.

For profit Sober Living Home businesses collect money for providing a structured environment, this usually includes a house manager, support for 12-step programs, tools and other services. Neither Phoenix nor the State of Arizona has any laws requiring licensing or oversight for these businesses. This means that businesses are not held accountable for the safety and health of the people they profit of off, nor the staff they employ. This creates an environment that is ripe for unethical businesses seeking to profit off of those trying to recover.

There are hundreds of examples of unethical Sober Living Homes all over the Country. One of the most recent, happened in August 2016 in Prescott, Arizona. An investigation of Sober Living Homes operating in Prescott, found that almost 100 Sober Living Homes were guilty of some form of mistreatment or fraud of the very people they were collecting money to care for.11

Unregistered and unregulated homes housing individuals seeking sobriety without regard to providing the safe environment for successful recovery are a detriment to people who live in Sober Living Homes and the neighborhoods in which they are located.

4.3.2 A.R.S §9-500.40 (Structured Sober Living Homes) & Prescott Ordinance 5006-1544

In October 2016, Prescott passed Ordinance No. 5006-1544. This ordinance establishes safety and health ordinances that all Sober Living Homes in Prescott must meet in order to legally

10 Phoenix City Code – 14-447 Rental, leasing, and licensing for the use of real property—Additional tax upon transient lodging.
11 The Daily Courier, “Investigation has resulted in 100 group homes in Prescott closing their doors,” August
12,2016; https://www.dcourier.com/news/2016/aug/12/insurance-investigator-fraudulent-group-homes- have/ 7

operate. This legislation is allowed under A.R.S §9-500.40 (Structured Sober Living Homes).

On or about February 10, 2017, the DOJ sent the city of Prescott a letter stating that the DOJ was dropping the investigations in regards to Group Homes (Sober Living Homes). “The DOJ stated in its letter that the ordinance at issue in the investigations was superseded by the City’s current zoning regulations regarding group homes and that the investigation is now closed.” The DOJ’s action is certainly palpable evidence that neither A.R.S. § 9-500.40 or Prescott’s Ordinance conflict with Federal Law.

In the Group Facilities Text Amendment FAQ document provided by the Phoenix Planning and Development Department, Question 3, states that the City of Phoenix Law Department determined A.R.S. § 9-500.40 statute conflicts with the federal Fair Housing Act. At the first public meeting it was requested that this be elaborated on or that evidence be provided to show the basis of this assertion.

We received a PDF document containing information on four instances of U.S. Case law. There was not any attempt to explain or provide context as to how this answered our question. We were also repeatedly directed to the DOJ Joint statement. This is not a sufficient explanation, especially in light of the following:
a. According to the most recent DOJ & HUD joint statement, Operators of group homes for persons with disabilities are subject to applicable state and local regulations addressing health and safety concerns unless those regulations are inconsistent with the Fair Housing Act or other federal law12. As long as those safety and health regulations are not based on stereotypes, does not require individuals with disabilities to receive medical, support, or other services or supervision that they do not need or want as a condition for allowing a group home to operate and as long as the ordinances are consistent with the Fair Housing Act.
b. In, Cmty. House, Inc. v. City of Boise, 623 F.3d 945, 960 (9th Cir.2010), it was found that, “A facially discriminatory housing policy may be justified by showing either “(1) that the restriction benefits the protected class or (2) that it responds to legitimate safety concerns raised by the individuals affected, rather than being based on stereotypes”.
c. The FHA allows a municipality to impose special safety standards for protecting disabled persons and only prohibits standards that are not “demonstrated to be warranted by the unique and special needs” of the population governed by the standards. Marbrunak, Inc. v. City of Stow, Ohio, 974 F.2d 43, 47 (6th Cir. 1992).
d. In Children’s Alliance v. City of Bellevue, the court followed trends from the Sixth and Tenth Circuit Courts of Appeals, adopting a “best interests” or “health and safety” standard. See, Children’s Alliance, 950 F. Supp. at 1498 (quoting Larkin v. State of Mich. Dept. of Social Serv., 89 F.3d 285, 290 (6th Cir.)). According to Children’s Alliance court, once a plaintiff demonstrates a prima facie case of discrimination, the defendant must
show either “(1) that the [challenged] ordinance benefits the protected class or (2) that

12 U.S. Department of Housing and Urban Development, U.S. Department of Justice, State And Local Land
Use Laws And Practices And The Application Of The Fair Housing Act – Joint Statement Of The Department Of
Housing And Urban Development And The Department Of Justice; Nov. 10, 2016, pg. 13 8

it responds to legitimate safety concerns raised by the individuals affected, rather than being based on stereotypes.”

Without any elaboration or detail from the Phoenix Law Department, it is virtually impossible to understand their position.

4.4 Request To Adopt Safety & Health Ordinances For Sober Living Homes
In light of the information outlined above, we strongly urge that the City of Phoenix City Council adopt a City Ordinance that resembles Prescott’s 5006-1544(Attachment A).

It should be noted that content below that is different from Prescott’s ordinance is indicated with italics.

The Phoenix ordinance should include (but not limited to) the following provisions:

4.4.1 Add all definitions contained in 5006-1544.
We request that the City of Phoenix define the following terms exactly the way that Prescott has:
• House Manager
• Operator
• Structured Sober Living Home

4.4.2 License Required
In order for a Sober Living Home to operate in the City of Phoenix, it should first obtain a license (before advertising its services or opening its doors). Potential residents and neighbors should be able to confirm that a Sober Living Home is licensed by contacting the City of Phoenix.

4.4.3 License Application
Every applicant for a license to operate a Structured Sober Living Home shall provide the following information. If the operator is a corporation, a personal guarantee from one of the company’s officers shall be required. The information shall be notarized and attested to by the operator (or the corporate personal guarantor) under penalty of perjury of the law.

4.4.3.1 Name and full street address of the Sober Living Home location
4.4.3.2 Name, full street address, mobile and land phone numbers, email address, and driver’s license or government issued ID number of the owner/operator of the Sober Living Home. If the Sober Living Home is run by a corporation, a specific person’s name should be provided along with a personal guarantee of accountability
4.4.3.3 House manager’s contact information: name, address, mobile and land phone numbers, email address and driver’s license or government issued ID number of the owner/operator of the Sober Living Home
4.4.3.4 Name, full street address, mobile and land phone numbers, email address of the property owner or Property Management company

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4.4.3.5 If the property is leased to the operator/owner of the sober structured living home, a copy of the lease that states that the property will be used as a structured Sober Living Home
4.4.3.6 Supervision requirements should be posted in the Structured Sober Living Home for the residents during all hours of operation
4.4.3.7 The operation plan that facilitates the rehabilitative process and that addresses the
maintenance of the property and noise abatement consistent with local ordinances
4.4.3.8 The structured Sober Living Home’s rules and regulations, written intake procedures and relapse policy, and discharge plan
4.4.3.9 An affirmation by the owner/operator that only residents (other than the house manager(s)) who have the disability of addiction to drugs and/or alcohol as defined by state and federal law are eligible to reside at the Structured Sober Living Home and the home will not admit persons who pose a direct threat to the health or safety of others such as persons on the sex offender registry or prison pre-parolee
4.4.3.10 Outline of the process, an accountable person and their contact information, for removing a person deemed a direct threat. Removal of a person deemed a direct threat shall be handled within 24 hours of a valid complaint. The contact person identified shall be held accountable if the process is not followed and the person is not removed.
4.4.3.11 A blank copy of every form that residents and potential residents are required to complete
4.4.3.12 A signed waiver by the owner or operator agreeing to allow entry into the common areas – living room, kitchen, dining room, back or side yard, etc. – of a Structured Sober Living Home by a police or code enforcement officer upon demonstration that probable cause exists to believe that a violation of the ordinance exists
4.4.3.13 A signed and dated safety self-assessment checklist confirming that the following safety devices are installed and fully functional as well as a schedule for self-inspecting each device:

 Functioning smoke detectors in the sleeping rooms

 Functioning carbon monoxide detectors

 Functioning fire extinguishers in plain sight and/or clearly marked locations
4.4.3.14 Interior and exterior of the property is in a functional, safe and clean condition and free of fire hazards
4.4.3.15 The number of bedrooms in the home and the number of expected occupants per bedroom
4.4.3.16 Maximum number of people in recovery the home will serve at any one given time.
4.4.3.17 The application must make clear that the applicant is responsible for updating the City of Phoenix if any information provided for the license changes. Operators must provide updated information within 30 days or face potential loss of the license.

4.4.4 Issuances of a License / License Revocation
4.4.4.1 Phoenix shall issue the license required administrative or ministerial matter if the applicant is in compliance or has agreed to comply with requirements set forth in this chapter
4.4.4.2 Phoenix shall deny the license for a Structured Sober Living Home and may deny any
transfer of a current license or revoke a current license due to a violation of the rules and regulations of this ordinance or under the following circumstances: 10

a. The owner or operator has provided materially false or misleading information on its application or omitted any pertinent information

b. Any owner or operator has an employment history in which he or she was terminated during the prior five years or any staff person has an employment history in which he or she was terminated in the prior year, due to physical assault, sexual harassment, embezzlement, theft, falsifying a drug test, or selling or furnishing illegal drugs or alcohol

c. Any owner, operator, or staff person refuses entry into a Structured Sober Living Home upon request by a police or code enforcement officer upon demonstration that probable cause exists to believe that a violation of the ordinance exists

d. Any owner or operator has been convicted or pled guilty to any of the following offenses: sex offense, fraud, arson, violent felony, unlawful sale of a controlled substance, or is on probation at the time of the application.

e. Any owner or operator that has admitted a person to the structured Sober Living Home, other than the house manager, who is not in recovery from drug and/or alcohol addiction and not handicapped as defined by the Fair Housing Act and the Arizona Fair Housing Act.
4.4.4.3 Phoenix may deny or revoke the license for a structured Sober Living Home, and may deny the transfer of a current license due to any of the following additional circumstances:

a. Any owner or operator of a Structured Sober Living Home who is in recovery from drug and/or alcohol addiction who has been clean and sober for fewer than two full years as of the date of application for this license or the date of employment

b. The owner or operator of a Structured Sober Living Home fails to take immediate measures to remove or isolate any resident of the home from contact with all
other sober residents if a resident uses alcohol or illegally uses prescription or non- prescription drugs, or fails to actively participate in a legitimate recovery program;

c. For any violations of these rules, and/or any other applicable laws and/or regulations;

d. Repeated violations of the operating rules and regulations submitted as part of the application for the license, the supervision requirements in the Structured Sober Living Home for the residents during hours of operation, the structured Sober Living Home’s rules and regulations, written intake procedures, relapse policy, or discharge procedure and policy.

4.4.5 Operation Standards
4.4.5.1 If the Structured Sober Living Home operator is not the property owner, the operator must obtain written approval from the property owner to operate a community residence at the property as shown on the lease or other properly executed document.

4.4.5.2 Like all properties in the City of Phoenix, the property must be maintained in full compliance with all city building codes, the Phoenix Municipal Code, and the Phoenix Land Development Code.
4.4.5.3 An individual that is required to register under Arizona law as a sex offender and classified as a Level II or Level III community risk (intermediate to high risk) is not permitted to live in a structured Sober Living Home.
4.4.5.4 A Structured Sober Living Home shall provide a clean, safe, substance-free living environment in which (a) case management is provided to help residents receive substance abuse treatment, community-based recovery services, or both, for sustained
recovery; (b) at least one staff member is available on the premises at all times; and (c) the owner or operator is available on call at all times.
4.4.5.5 A Structured Sober Living Home must have Naloxone (Narcan) available on the premises for use by persons living in the sober home, all of whom must have received training to administer Naloxone within one week of admission to the home.
4.4.5.6 A Structured Sober Living Home shall provide qualified staff with an understanding of (a)
substance use disorders, (b) co-occurring substance use and mental health disorders, and
(c) recovery principles.
4.4.5.7 The owner or operator of a Structured Sober Living Home shall acquire and maintain commercial general liability insurance of at least $1 million in coverage per occurrence and at least $3 million aggregate or at least a $1 million general liability per occurrence and at least $2 million general aggregate coverage with at least $1 million umbrella coverage.

4.4.6 Operating Rules and Regulations
Each operator of a Structured Sober Living Home shall adopt and enforce operating rules and regulations that meet or exceed the following minimum standards:
4.4.6.1 The house rules and regulations that address the following issues and include a statement that violating these rules will result in consequences up to and include immediate discharge:

a. Theft by residents or staff

b. Residents or staff borrowing money from other residents or staff
c. Attendance at weekly household meetings and participation in self-help meetings d. Requirements of residents to seek employment and the number of hours devoted
per day to that job search

e. Completion of household chores and adherence to the house curfew
4.4.6.2 The Structured Sober Living Home shall have one or more house managers at the home, at least one of whom is present and awake at all times when residents are present at the Structured Sober Living Home and who is responsible for the day-to-day operation of the structured Sober Living Home.

4.4.6.3 All residents, other than the house manager, must actively participate in recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous, and must adhere to the program’s applicable proscribed schedule and requirements. Under the structured Sober Living Home’s rules and regulations, refusal to actively participate in such a program may be cause for discharge.
4.4.6.4 The Structured Sober Living Home shall establish a protocol to assure that all residents have access to meals at the home whether the residents dine individually or as a group. Public, social, or charitable service-provided meals shall not be a substitute for these protocols.
4.4.6.5 The Structured Sober Living Home shall establish a smoke-free living environment policy and/or designated smoking area outside of the residence that does not expose neighbors to second hand smoke. If a resident of an adjacent residential structure is sensitive to second hand smoke, the Structured Sober Living Home should make a reasonable accommodation for that neighbor. A Structured Sober Living Home may ban smoking from the home and grounds.
4.4.6.6 A Structured Sober Living Home shall develop protocols to prevent locking residents out of the home or otherwise preventing resident access to the home at any time unless the residents are at work or engaged in some other approved activity outside the home. The purpose of the protocol is to prevent a Structured Sober Living Home from simply locking its doors and leaving residents loitering outside the home. Part of maintaining a family-like living environment is enabling access to the home as in a biological family.
4.4.6.7 The structured Sober Living Home’s rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the home or by any recovering addict either on or off the premises. The Structured Sober Living Home must also establish a written policy regarding the possession, use and storage of prescription medications. The home shall not dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed and in the prescribed dose. These rules and regulations shall be posted in an easily seen site in a common area inside the dwelling unit. The Structured Sober Living Home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.
4.4.6.8 The home must establish and maintain an operation plan that facilitates the rehabilitative process, including discharge planning, and that addresses the maintenance of the property and noise abatement consistent with local ordinances. The structured Sober Living
Home’s relapse and discharge policy must include options for eviction of a resident to avoid forcibly putting a resident onto the street with no alternative living arrangements. These options may include, but are not limited to (1) notice to family or emergency contact of proposed eviction, (2) time limits on when eviction can occur where no immediate threat to the other residents exists, (3) travel arrangements to the resident’s home of record, or (4) alternate living accommodation arrangements or referrals. A Structured Sober Living Home shall not discharge a resident onto the street without an alternative living arrangement.
4.4.6.9 The Structured Sober Living Home shall have a written visitation policy that requires staff
consent of all visitors and prohibits any visitor who is under the influence of illegal drugs, excessive medication, or alcohol. 13

4.4.6.10 The Structured Sober Living Home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in behavior that would unduly interfere with a neighbor’s use and enjoyment of their home and property. The good neighbor policy shall establish a written protocol for the house manager and/or operator to follow when a neighbor complains to the home or to the City of Phoenix. The good neighbor policy shall address the following issues:

a. Policies and procedures that, upon request, provide neighbors with full contact information for the structured Sober Living Home’s responsible person(s) such as the operator and house manager

b. Policies and procedures that require the responsible person(s) to respond to a neighbor’s concerns even if it is not possible to resolve the issue

c. New resident orientation shall include how residents and staff are to greet and interact with neighbors and/or concerned parties

d. Policies that are responsive or preemptive to neighbor’s reasonable complaints regarding:

o Smoking o Loitering o Parking
o Noise

o Lewd or offensive language

o Cleanliness of public space around the property
4.4.6.11 Rules and regulations for residents of a Structured Sober Living Home shall be posed in a visible location in the home. The posting shall also include a description or listing of the consequences for a violation or violations of the home’s rules and regulations, including possible discharge from the home.

4.4.7 House Managers
4.4.7.1 Certification

The purpose of this section is to ensure that the house manager of a Structured Sober Living Home is properly trained and capable of performing his or her job in a safe, knowledgeable manner. Duties include general oversight of the house, both internal and external to the premises to prevent disruptive client and neighborhood activities, basic first-aid and CPR, effective management of crises, medical and medication issues, and other interpersonal and behavioral matters. A house manager shall enroll in a course approved by the City of Phoenix to meet, or provide proof of meeting, the minimum qualifications as set forth within 30 days of being hired for the position. House managers certified under this section shall obtain re-certification training on an annual basis.

4.4.7.2 Minimum Qualifications

a. A Structured Sober Living Home operator shall have a house manager present at the Structured Sober Living Home on a 24-hour basis who is responsible for the day-to-day operation of the structured Sober Living Home. A house manager shall meet the following minimum qualifications:

b. Possess at least a high school or general equivalency diploma c. Be at least twenty-one years old
d. Is not on formal probation supervision or parole

e. Be clean and sober for at least one year as of the date of employment

f. Possess the ability to demonstrate an understanding of the disease model of addiction

g. Successfully complete training that includes:

• First aid and CPR training and certification

• Infectious disease control and prevention

• Crisis prevention and intervention

• Assisted self-administration of medication certification

4.4.8 Employee Rights
A Structured Sober Living Home operator shall not terminate any employee, evict any resident, or take any other adverse action against an employee or resident for disclosing a violation of any provision of the City of Phoenix’s codes, based upon the employee’s or resident’s reasonable belief that the operator or an employee of the operator has violated or is violating a provision of the city’s codes. The provision applies to disclosure to either the employer or a representative of the employer who the employee reasonably believes is in a managerial or supervisory position and has the authority to investigate the information the employee provides and to take action to prevent further violations of the city’s code, or disclosure to an employee of a public body or political subdivision of this state or any agency of a public body or political subdivision.

4.4.9 Reasonable Accommodation
Phoenix should provide a reasonable accommodation exactly the same way as outlined in
Prescott City Code 4-11-12

4.4.10 Violations and Penalties
The City of Phoenix should establish clear violations and penalties as outlined in Prescott City Code 4-11-13. This includes a provision that any owner, operator, or other person involved with a Sober Living Home business, who knowingly causes, permits, facilitates, aids, or abets

any violation of any provision or who knowingly fails to perform any act or duty required by this chapter is guilty of a class 1 misdemeanor.

In addition, we propose that the City of Phoenix protect people seeking recovery by allowing them to get reimbursed for their security deposit, and any other advanced monies paid if they discover that a sober living home in which they are staying is not licensed. The request should be made in writing and must include a copy of their signed agreement with the sober living home. The request needs to be sent via certified mail to the sober living home, and a copy of the request, agreement and certified mail receipt or tracking information to neighborhood services department. If neighborhood services receives this type of request, it should be immediately be deemed a complain violation with proof and investigated. If a sober living home does not reimburse them, or respond with licensing information within 19 days, the resident shall be entitled to three times the amount of their security deposit. If a resident is forced to seek court action to obtain reimbursement, and the sober living home is determined to be unlicensed, then the operator must pay a minimum fine of $100 to the City of Phoenix.
.

4.5 Enforcement
Enforcing safety & health ordinances will be the cornerstone to a successful implementation. If there is not a way to enforce the laws, then the health & safety of those in recovery will not be fully addressed. In addition to utilizing the current processes and departments for enforcing Phoenix ordinances, we want to highlight the following:

4.5.1 Signed waiver when applying for a license
This proposal contains an important component. Section 3.4.3.12 specifies that when
applying for a license, the Owner / operator must sign a waiver allowing code enforcement or a police officer entry if they are able to demonstrate probable cause that there is a violation
of ordinances specific to Sober Living Home’s.

4.5.2 Self-Policing Protections
This proposal also includes an important provision, Section 3.4.10. This section would provide protection for those seeking recovery (since most rent on a week-to- week basis they are not eligible to rights under landlord/tenant laws) and also establish a process that provides a method for the City of Phoenix to easily obtain factual, verifiable information if a Sober Living Home is operating illegally.

4.5.3 Community Prosecution Bureau
The Phoenix Community Prosecution bureau should be expanded to include either a prosecutor specifically for Group Facility (all types) issues, or each Phoenix police precinct should be represented. Currently, only four of the seven precincts have a Community prosecutor assigned.13 This partnership with the Prosecutor’s office is a good avenue for neighborhoods to report and share information in regards to illegal group homes, neglect of
people in their care, and public nuisance issues.

13“Where are the focus areas that have community prosecutors that have community prosecutors,” City of
Phoenix. Accessed April 04, 2017., https://www.phoenix.gov/law/prosecutor/community-prosecution 16

4.5.4 Direct Threats
There is a significant need for the City of Phoenix to address removal of people who are considered direct threats. Federal law is clear, that a person who is a direct threat to people or property does not receive protections outlined by the Fair Housing Act. State and municipalities must objectively evaluate an individual14. Despite this clear distinction in Federal law, and that a person who is a direct threat is a serious safety issue to the people living around him/her, there is a significant gap when it comes to actually removing them.

As a neighborhood group, we have heard stories of people staying in Group Homes For the Handicapped that have threatened neighbors and physically damaged property. In one community hearing, a woman testified that a person, on multiple occasions tried to force his way into her house. One incident resulted in the man using a baseball bat, damaging her property and using it to try and get into her house (she and her children were inside). A week later, the man was released and returned to the Group Home for the Handicapped. Currently there isn’t a process a neighbor can follow to ensure that person is evaluated and properly removed from a home. In this particular case, this person is not only a threat to this woman and her children, but his erratic behavior may also be causing harm to other people staying in that home.

Sections 3.4.3.10 and 3.4.3.11 of this document address the efforts a Sober Living Home must take to establish a procedure for removing direct threats.

The City of Phoenix must take necessary efforts to create objective guidelines and identify a process for reporting, evaluating and removing people who are direct threats in a timely manner. This is a public safety issue and the City of Phoenix needs to fulfill its responsibility and address it.

4.6 Fiscal Considerations
The cost of implementing health and safety regulations can be covered in whole or in part, by applying funds from application fees, and collecting applicable privilege taxes

4.6.1 Application and License Fees
An application fee should be charged to cover the cost of Phoenix city resources to review, track and maintain application information. Prescott City charges a $150 application fee15. A license fee should be charged on an annual basis to cover the cost of Phoenix city resources
to maintain and enforce safety and health ordinances for Sober Living Homes. We

14 U.S. Department of Housing and Urban Development, U.S. Department of Justice, State And Local Land
Use Laws And Practices And The Application Of The Fair Housing Act – Joint Statement Of The Department Of
Housing And Urban Development And The Department Of Justice; Nov. 10, 2016, pg. 9

15 Prescott, Webmaster. “Structured Sober Living Homes – City Of Prescott, Arizona,” Prescott-az.gov. N.p.,
2017. Web. 4 Apr. 2017, http://www.prescott-az.gov/business/license/sober_living.php 17

recommend using the $450 fee that Prescott charges until Phoenix is able to determine how many Sober Living Homes there are and the cost of enforcing safety and health ordinances. 16

Penalty fees for operating a Sober Living Home without a license should be assessed. These fees should model penalty fee structures other businesses that may impact the safety and health of people (for example restaurants).

4.6.2 Transaction Privilege Tax License and Tax Collection
The majority of Sober Living Homes provide lodging on a week-to-week basis and/or do not create a rental agreement that establishes tenancy with the people in their care. According to Phoenix City ordinances, this type of business structure defines Sober Living Homes as a lodging service17, and people in their care as transients and not residents18. Therefore, in most cases, the Transaction Privilege Tax (TPT) applies.

Any family in a single family zone that rents out their room on a temporary basis that doesn’t establish tenancy is required to pay the TPT tax. For example, if a family rents a room through AirBNB, the TPT tax is collected and paid because it is required by law. Sober living homes that do the same thing, should be treated equally and be required to collect and pay the TPT tax.

Operators of Sober Living Homes should be required to apply for a Transaction Privilege (Sales) and Use Tax License unless the Operator provides a copy of a lease that clearly establishes a landlord/tenant relationship with those in their care. This documentation is required to be submitted as part of the license application in section 3.4.3.11.

5 Document Creators And Endorsers
The following people created, contributed and stand behind this document

• Larisa and Rafael Balderrama, Rancho Saguaro Block Watch Leaders
• Linda L. Colino, Augusta Avenue Neighbors Chairperson
• Pam Fitzgerald, Washington Park Neighborhood Association
• Lawrrie Fitzhugh, Montebello Ave. Block Watch (3800-3900 West)
• Wally Graham, President, Arcadia Osborn Neighborhood Association (AONA)
• Janice Morton, Rancho Saguaro Block Watch Member
• Mary Obrochta, Ocotillo Glen Neighborhood Association President
• Michelle Perkins, Hayward Block Watch,
• Jeff Spellman, Team Leader, Violence Impact Project
• Maria Uhing, Washington Park Neighborhood Association

16 Prescott, Webmaster. “Structured Sober Living Homes – City Of Prescott, Arizona,” Prescott-az.gov. N.p.,
2017. Web. 4 Apr. 2017, http://www.prescott-az.gov/business/license/sober_living.php
17 Phoenix City Code, – 14-447 Rental, leasing, and licensing for the use of real property—Additional tax upon
transient lodging
18 Phoenix City Code, – 14-100 General definitions:
18

6 Attachment A – Prescott Ordinance No. 5006-1544

ORDINANCE NO. 5006-1544

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AMENDING PRESCOTT CITY CODE TITLE IV (BUSINESS REGULATIONS) BY ADDING A NEW CHAPTER 4-11 (STRUCTURED SOBER LIVING HOMES).

RECITALS:

WHEREAS, A.R.S. §9-240.B.21 and A.R.S. §9-276.A.16 grant municipalities the power to define, abate and remove nuisances, and punish persons committing nuisances; and

WHEREAS, A.R.S. §9-500.40 authorizes cities and towns to adopt by ordinance standards for structured sober living homes that comply with state and Federal Fair Housing laws and the Americans W ith Disabilities Act; and

WHEREAS, the Article I, Section 2 of the Prescott City Charter grants the power to the city council to, among other things, enact local legislation and determine policies deemed necessary and proper for the orderly government and administration of the affairs of the city; and

WHEREAS, Article I, Section 3 of the Prescott City Charter grants the City all the powers granted to municipal corporations and to cities by the constitution and laws of this state and by this charter, together with all the implied powers necessary to carry into execution all the powers granted; and

WHEREAS, Arizona Supreme Court has held that the City of Prescott, as authorized by the Article 13, § 2 of the Arizona Constitution, has adopted a charter permitting it to enact municipal ordinances, and as a charter city, Prescott may exercise all powers granted by its charter, provided that such exercise is not inconsistent with either the constitution or general laws of the state of Arizona. As such, the City of Prescott is granted autonomy over matters of local interest, and although a city ordinance on a matter of local and statewide concern must not conflict with a statute, an ordinance may be more restrictive than the statute, may parallel it, or even go beyond it; and

WHEREAS, both the Arizona Supreme Court and United States Supreme Court have held that cities have the right to regulate both the number of people who may reside in a single-family dwelling unit and the manner in which a single-family dwelling is used as long as such regulations do not unfairly discriminate or impair an individual’s rights of privacy and association; and

WHEREAS, structured sober living homes provide housing for individuals in recovery from addiction to drugs and/or alcohol, including people who may have co- occurring mental health issues, as they transition from the treatment setting to life in th19e
community; and

WHEREAS, structured sober living homes allow individuals to return to the community through support in an alcohol- and drug-free, home-like environment, without the rigid structure of a therapeutic living program, which requires being licensed by the state; and

WHEREAS, managing a structured sober living home places the house manager in high stress situations that place at risk individuals who have been clean and sober for several months rather than the stability that comes with being clean and sober for at least a year; and

WHEREAS, some structured sober living homes in the City of Prescott have engaged in abuse, neglect, mistreatment, fraud, and/or inadequate supervision of the vulnerable people in recovery who populate these homes; and

WHEREAS, some structured sober living homes in the City of Prescott have failed to provide the supportive, family-like living environment essential to achieving and maintaining sobriety; and

WHEREAS, some structured sober living homes in the City of Prescott have evicted residents into homelessness in the absence of a discharge procedure that provides for their safety, a place to live, and fosters sobriety; and

WHEREAS, notwithstanding the needs of those who benefit from these homes, neighboring residents have expressed concerns about exposure to second hand smoke, noise, debris, and to the poor conduct and lack of neighborly behavior of some residents of structured sober living homes in their immediate vicinity; and

WHEREAS, this ordinance will balance the needs of those requiring the support of a structured sober living home and the concerns of community members; and

WHEREAS, the primary purpose of this ordinance is to help residents and prospective residents of clean and sober structured sober living homes to access a stable, alcohol- and drug-free, home-like living environment in residences that comply with federal, and state, and county requirements and minimum quality standards.

NOW , THEREFORE, the City Council of the City of Prescott, Arizona, makes the following findings:

1. The primary goals of rehabilitation and recovery are to restore social, family, lifestyle, vocational, and economic supports by stabilizing an individual’s physical and psychological functioning. Alcohol- and drug-free environments that are safe, sanitary, and secure promote recovery and assist individuals in becoming self-supporting. The city council further finds that these environments assist persons recovering from substance abuse to live in the community at-large.

2. The city council recognizes that there is a need to improve the operation of structured sober living homes if such homes are to achieve their intended purposes.

While some homes are well-run, others are not well-managed or well-supervised. Some operators have failed to provide minimal appropriate living conditions and have engaged in activities of a questionable nature. To increase the number of homes that maintain appropriate living conditions and provide the safe, supportive family-like living environment necessary to recover from addiction to drugs and/or alcohol, a registry will be established and minimum standards for operation will be adopted. A key function of the registry is to enable agencies referring clients to monitor residences to assure that the necessary support for recovery is provided.

ENACTMENTS:

NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRESCOTT AS FOLLOWS:

SECTION 1. Prescott City Code Title 4 (Business Regulations) is hereby amended by adding a new chapter 4-11 (Structured Sober Living Homes), as follows:

4-11-1 Intent

The intent of this chapter is to protect the residents of structured sober home living homes from operators who engage in abuse, neglect, mistreatment, fraud, and/or inadequate supervision of this vulnerable population as well as to protect the residents of structured sober living homes and the neighboring community from operators who fail to provide the supportive, residential family-like living environment necessary to achieve and maintain sobriety.

4-11-2 Definitions

As used in this chapter, the following terms shall have the meanings indicated:

House manager means a staff member, regardless of title, whether live-in or on a shift basis, who is responsible for the day to day operation of the structured sober living home. A house manager is responsible for maintaining and managing a sober living environment, keeping the house running smoothly and maintaining a clean and sanitary environment at all times. House manager duties include creating a safe, supportive and caring home environment in which the residents continue their recovery, and providing regularly scheduled opportunities for the residents to grow in their understanding of recovery. House manager duties may also include coordinating aspects of the resident’s transportation, meals, activities and meetings.

Operator means a company, business or individual who provides structured sober living home services including the placement of individuals in a residence, setting house rules, and governing behavior of the occupants as residents of the home. An operator does not include a property owner or property manager that exclusively handles real estate contracting, property management, and leasing of the property and who does not otherwise meet the definition of operator.

Structured Sober Living Home means any community residence for people in recovery from drug and/or alcohol addiction that provides alcohol-free and drug-free housing that promotes independent living and life skill development and provides structured activities directed primarily toward recovering from substance use disorders in a staff-supervised setting. The residents of a structured sober living home receive outpatient behavioral health services for substance abuse and/or addiction treatment while living in the home. The primary function of a structured sober living home is residential; it does not provide any treatment services onsite.

A structured sober living home emulates a biological family with residents sharing housekeeping responsibilities as well as the kitchen, bathrooms, living room and other common areas of the dwelling unit, and sometimes bedrooms. Remaining clean and sober is a condition of living in the house, and residents support one another to move forward toward independent living and away from chemical dependency.

A “Structured Sober Living Home” does not include (1) a private residence in which a related family member is required to receive outpatient behavioral health services for substance abuse or addiction treatment as a condition of continuing to reside in the family dwelling; (2) a self-governed community residence for people in recovery from drug and/or alcohol addiction who need the mutual support furnished by the other residents of the community residence to facilitate their recovery, normalization, and integration into the community and that is not necessarily affiliated with a specific behavioral health services treatment program; or (3) sober living community residences that are licensed or otherwise subject to oversight by the State of Arizona or homes for probationers or parolees under a contract with Yavapai County, the State of Arizona or a contractor of the State or County where the contract sets out minimum standards for operation, supervision or care of the residents, or where the State, County or contractor thereof otherwise provides oversight of such operation, supervision or care.

4-11-3 License Required

(A) No structured sober living home may operate within the City of Prescott without first obtaining a license as provided in this chapter. No person shall open or operate a structured sober living home or start working for a structured sober living home until the information required in this section has been provided to the City of Prescott. Such persons shall be responsible for updating any of this information to keep it current.

(B) Any structured sober living home in existence as of the date on which this ordinance is adopted must apply for this license within 60 days of the effective date of this ordinance. Any structured sober living home that comes into existence upon or after the effective date of the ordinance shall have 180 days from the effective date of this ordinance to comply with its provisions.

(C) Any existing structured sober living home may apply to the City Manager or desginee for up to an additional 180 days to obtain this license if the home is obligated by a written lease longer than one year from the effective date of this ordinance or its

activity involves investment of money in leasehold or improvements such that a longer period to obtain this license is necessary to prevent undue financial hardship.

(D) It is the policy of the City of Prescott to provide a reasonable accommodation for persons with disabilities seeking fair access to housing in the application of these regulations as required by federal and state fair housing laws (42 USC § 3600 and A.R.S. §41-1491 et seq.). An applicant for this license may seek a reasonable accommodation for relief from the strict application of this chapter by submitting an application to the City of Prescott as prescribed by Section 4-6-9 of this chapter.

4-11-4 License Application

(A) Every applicant for a license to operate a structured sober living home shall provide the following information and documentation:

(1) The name and full street address of the structured sober living home;

(2) The name, full street address, mobile and land phone numbers, email address, and driver’s license or government issued identification number of the owner/operator of the structured sober living home;

(3) After a house manager is hired, each house manager’s name, full home living street address, mobile and land phone numbers, email address, and driver’s license or government issued identification number;

(4) The name, full street address, email address, and contact land and mobile telephone numbers of the property owner;

(5) If the property is leased to the operator/owner of the sober structured living home, a copy of the lease that states that the property will be used as a structured sober living home;

(6) Supervision requirements in the structured sober living home for the residents during all hours of operation;

(7) The operation plan that facilitates the rehabilitative process and that addresses the maintenance of the property and noise abatement consistent with local ordinances;

(8) The structured sober living home’s rules and regulations, written intake procedures and relapse policy, and discharge plan;

(9) An affirmation by the owner/operator that only residents (other than the house manager(s)) who have the disability of addiction to drugs and/or alcohol as defined by state and federal law are eligible to reside at the structured sober living home and the home will not admit persons who pose a direct threat to the health or safety of others such as persons on the sex offender registry or prison pre-parolee;

(10)A blank copy of every form that residents and potential residents are required to complete;

(11)A signed waiver by the owner or operator agreeing to allow entry into the common areas — living room, kitchen, dining room, back or side yard, etc. — of a structured sober living home by a police or code enforcement officer upon demonstration that probable cause exists to believe that a violation of Prescott City Code chapter 4-6 exists;

(12)A signed and dated safety self-assessment checklist confirming that the following safety devices are installed and fully functional as well as a schedule for self-inspecting each device:

a. Functioning smoke detectors in the sleeping rooms b. Functioning carbon monoxide detectors
c. Functioning fire extinguishers in plain sight and/or clearly marked locations

d. Interior and exterior of the property is in a functional, safe and clean condition and free of fire hazards

(13)A copy of the floor plan of the house that shows the layout, location, and size of each bedroom, and the number of beds in each bedroom. The applicant shall include:

(14)The maximum number of residents proposed to occupy the home now and in the future

(15)The number and square footage of each room to be occupied as a bedroom, excluding closet space

(16)The fee for the cost of processing of the application as set by resolution of the city council of the City of Prescott.

4-11-5 Issuance of a License

(A) The City of Prescott shall issue the license required by this chapter as an administrative or ministerial matter if the applicant is in compliance or has agreed to comply with requirements set forth in this chapter.

(B) The City of Prescott shall deny the license for a structured sober living home and may deny any transfer of a current license or revoke a current license due to a violation of the rules and regulations of this ordinance or under the following circumstances:

(1) The owner or operator has provided materially false or misleading information on its application or omitted any pertinent information;

(2) Any owner or operator has an employment history in which he or she was terminated during the prior five years or any staff person has an employment history in which he or she was terminated in the prior year, due to physical assault, sexual harassment, embezzlement, theft, falsifying a drug test, or selling or furnishing illegal drugs or alcohol;

(3) Any owner, operator, or staff person refuses entry into a structured sober living home upon request by a police or code enforcement officer upon demonstration that probable cause exists to believe that a violation of this chapter exists;

(4) Any owner or operator:

(i) Has been convicted or pled nolo contendere to any sex offense committed within ten years prior to the date of the application for this license for which the person is required to register as a sex offender;

(ii) Has been convicted or pled nolo contendere to any arson offense committed within seven years prior to the date of the application for this license;

(iii) Has been convicted or pled nolo contendere to any violent felony which involved doing bodily harm to another person committed within ten years prior to the date of the application for this license;

(iv) Has been convicted or pled nolo contendere to the unlawful sale or furnishing of any controlled substances committed within seven years prior to the date of the application for this license;

(v) Is on parole or formal probation supervision on the date of the submittal of the application for this license or at any time thereafter;

(vi) Has admitted to a structured sober living home a resident, other than the house manager, who is not in recovery from drug and/or alcohol addiction and not handicapped as defined by the Fair Housing Act and the Arizona Fair Housing Act.

(C) The City of Prescott may deny the license for a structured sober living home, and may deny the transfer of a current license or revoke a current license due to any of the following additional circumstances:

(1) Any owner or operator of a structured sober living home who is in recovery from drug and/or alcohol addiction who has been clean and sober for fewer than two full years as of the date of application for this license or the date of employment;

(2) The owner or operator of a structured sober living home fails to take immediate measures to remove or isolate any resident of the home from contact with all other sober residents if a resident uses alcohol or illegally uses prescription or non-prescription drugs, or fails to actively participate in a legitimate recovery program;

(3) For any other significant and/or repeated violations of these rules, and/or any other applicable laws and/or regulations;

(4) Repeated violations of the operating rules and regulations submitted as part of the application for the license, the supervision requirements in the structured sober living home for the residents during hours of operation,

the structured sober living home’s rules and regulations, written intake procedures, relapse policy, or discharge procedure and policy.

4-11-6 Standards for the Operation of a Structured Sober Living Home

(1) If the structured sober living home operator is not the property owner, the operator must obtain written approval from the property owner to operate a community residence at the property as shown on the lease or other properly executed document.

(2) Like all properties in the City of Prescott, the property must be maintained in full compliance with all city building codes, the Prescott Municipal Code, and the Prescott Land Development Code.

(3) An individual required to register under Arizona law as a sex offender and classified as a Level II or Level III community risk (intermediate to high risk) is not permitted to live in a structured sober living home.

(4) A structured sober living home shall provide a clean, safe, substance-free living environment in which (a) case management is provided to help residents receive substance abuse treatment, community-based recovery services, or both, for sustained recovery; (b) at least one staff member is available on the premises at all times; and (c) the owner or operator is available on call at all times.

(5) A structured sober living home must have Naloxone (Narcan) available on the premises for use by persons living in the sober home, all of whom must have received training to administer Naloxone within one week of admission to the home;

(6) A structured sober living home shall provide qualified staff with an understanding of (a) substance use disorders, (b) co-occurring substance use and mental health disorders, and (c) recovery principles;

(7) The owner or operator of a structured sober living home shall acquire and maintain commercial general liability insurance of at least $1 million in coverage per occurrence and at least $3 million aggregate or at least a $1 million general liability per occurrence and at least $2 million general aggregate coverage with at least $1 million umbrella coverage.

4-11-7 Operating Rules and Regulations for Structured Sober Living Homes

Each operator of a structured sober living home shall adopt and enforce operating rules and regulations that meet or exceed the following minimum standards:

(1) The house rules and regulations that address the following issues and include a statement that violating these rules will result in consequences up to and include immediate discharge:

a. Theft by residents or staff;

b. Residents or staff borrowing money from other residents or staff;

c. Attendance at weekly household meetings and participation in self-help meetings;

d. Requirements of residents to seek employment and the number of hours devoted per day to that job search; and

e. Completion of household chores and adherence to the house curfew.

(2) The structured sober living home shall have one or more house managers at the home, at least one of whom is present and awake at all times when residents are present at the structured sober living home and who is responsible for the day-to- day operation of the structured sober living home.

(3) All residents, other than the house manager, must actively participate in recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous, and must adhere to the program’s applicable proscribed schedule and requirements. Under the structured sober living home’s rules and regulations, refusal to actively participate in such a program may be cause for discharge.

(4) The structured sober living home shall establish a protocol to assure that all residents have access to meals at the home whether the residents dine individually or as a group. Public, social, or charitable service-provided meals shall not be a substitute for these protocols.

(5) The structured sober living home shall establish a smoke-free living environment policy and/or designated smoking area outside of the residence that does not expose neighbors to second hand smoke. If a resident of an adjacent residential structure is sensitive to second hand smoke, the structured sober living home should make a reasonable accommodation for that neighbor. A structured sober living home may ban smoking from the home and grounds.

(6) A structured sober living home shall develop protocols to prevent locking residents out of the home or otherwise preventing resident access to the home at any time unless the residents are at work or engaged in some other approved activity outside the home. The purpose of the protocol is to prevent a structured sober living home from simply locking its doors and leaving residents loitering outside the home. Part of maintaining a family-like living environment is enabling access to the home as in a biological family.

(7) The structured sober living home’s rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the home or by any recovering addict either on or off the premises. The structured sober living home must also establish a written policy regarding the possession, use and storage of prescription medications. The home shall not dispense medications but must make them available to the residents. The possession or use of prescription

medications is prohibited except for the person to whom they are prescribed and in the prescribed dose. These rules and regulations shall be posted in an easily seen site in a common area inside the dwelling unit. The structured sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.

(8) The home must establish and maintain an operation plan that facilitates the rehabilitative process, including discharge planning, and that addresses the maintenance of the property and noise abatement consistent with local ordinances. The structured sober living home’s relapse and discharge policy must include options for eviction of a resident to avoid forcibly evicting a resident onto the street with no alternative living arrangements. These options may include, but are not limited to (1) notice to family of proposed eviction, (2) time limits on when eviction can occur where no immediate threat to the other residents exists, (3) travel arrangements to the resident’s home of record, or (4) alternate living accommodation arrangements or referrals. A structured sober living home shall not discharge a resident onto the street without an alternative living arrangement.

(9) The structured sober living home shall have a written visitation policy that requires staff consent of all visitors and prohibits any visitor who is under the influence of illegal drugs, excessive medication, or alcohol.

(10) The structured sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in behavior that would unduly interfere with a neighbor’s use and enjoyment of their home and property. The good neighbor policy shall establish a written protocol for the house manager and/or operator to follow when a neighbor complains to the home or to the City of Prescott. The good neighbor policy shall address the following issues:

a. Policies and procedures that, upon request, provide neighbors with full contact information for the structured sober living home’s responsible person(s) such as the operator and house manager;

b. Policies and procedures that require the responsible person(s) to respond to a neighbor’s concerns even if it is not possible to resolve the issue;

c. New resident orientation shall include how residents and staff are to greet and interact with neighbors and/or concerned parties;

d. Policies that are responsive or preemptive to neighbor’s reasonable complaints regarding:

i. Smoking ii. Loitering iii. Parking iv. Noise

v. Lewd or offensive language

vi. Cleanliness of public space around the property

(17)Rules and regulations for residents of a structured sober living home shall be posted in a visible location in the home. The posting shall also include a description or listing of the consequences for a violation or violations of the home’s rules and regulations, including possible discharge from the home.

4-11-8 Certification of the House Manager

The purpose of this section is to ensure that the house manager of a structured sober living home is properly trained and capable of performing his or her job in a safe, knowledgeable manner. Duties include general oversight of the house, both internal and external to the premises to prevent disruptive client and neighborhood activities, basic first-aid and CPR, effective management of crises, medical and medication issues, and other interpersonal and behavioral matters. A house manager shall enroll in a course approved by the City of Prescott to meet, or provide proof of meeting, the minimum qualifications as set forth in section 4-6-9 of this chapter within 30 days of being hired for the position. House managers certified under this section shall obtain re-certification training on an annual basis.

4-11-9 Minimum Qualifications for House Managers

A structured sober living home operator shall have a house manager present at the structured sober living home on a 24-hour basis who is responsible for the day-to-day operation of the structured sober living home. A house manager shall meet the following minimum qualifications:

(1) Possess at least a high school or general equivalency diploma; (2) Be at least twenty-one years old;
(3) Is not on formal probation supervision or parole;

(4) Be clean and sober for at least one year as of the date of employment;

(5) Possess the ability to demonstrate an understanding of the disease model of addiction; and

(6) Successfully complete training that includes:

(i) First aid and CPR training and certification; (ii) Infectious disease control and prevention; (iii) Crisis prevention and intervention; and
(iv) Assisted self-administration of medication certification.

4-11-10 Reporting Violations

A structured sober living home operator shall not terminate any employee, evict any resident, or take any other adverse action against an employee or resident for disclosing a violation of any provision of the City of Prescott’s codes, based upon the employee’s or resident’s reasonable belief that the operator or an employee of the operator has violated or is violating a provision of the city’s codes. The provision applies to disclosure to either the employer or a representative of the employer who the employee reasonably believes is in a managerial or supervisory position and has the authority to investigate the information the employee provides and to take action to prevent further violations of the city’s code, or disclosure to an employee of a public body or political subdivision of this state or any agency of a public body or political subdivision.

4-11-12Reasonable Accommodation

(A) Policy. It is the City of Prescott’s policy to provide a reasonable accommodation in accordance with federal and state fair housing laws (42 USC § 3600 et seq. and A.R.S.
§ 41-1491 et seq.) for persons with disabilities seeking fair access to housing in the application of this chapter. The term “disability” as used in this chapter shall have the same meaning as the terms “disability” and “handicapped” as defined in the federal and state fair housing laws (42 USC § 3600 et seq. and A.R.S. § 41-1491 et seq.). The purpose of this article is to establish the procedure by which a person may request a reasonable accommodation and how the request is to be processed.

(B) Reasonable Accommodation. Any person seeking a permit to operate a structured sober living home that will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a regulation, policy, or condition of this chapter that poses a barrier to equal access to housing.

(C) Procedure.

(1) Application required. An application for a reasonable accommodation shall be filed and processed with the City Manager or designee. The application shall include the following information and be subject to the determinant factors required by this section.

(2) Submittal requirements. The application shall be made in writing, and shall include the following information:

(i) The specific provision, regulation, policy, or condition in this chapter from which the reasonable accommodation is being requested;

(ii) The specific exception or modification sought from the application of the subject provision, policy, or condition of this chapter that the applicant seeks;

(iii) Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence;

(iv) Any other information that the City Manager or designee reasonably determines is necessary to evaluate the request for a reasonable accommodation;

(v) Any other information that the City Manager or designee reasonably concludes is necessary to determine whether the findings required by subsection (E) can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

(D) Fees. No application fee is required to request a reasonable accommodation.

(E) City Manager action. Within 60 days of receipt of a completed application, the City Manager or designee shall issue a written determination to approve, conditionally approve, or deny a request for the requested reasonable accommodation.

(F) Standards for granting a reasonable accommodation. The following factors may be considered in determining whether to grant a reasonable accommodation:

(1) Whether a less drastic exception or modification to the applicable provision, regulation, policy, or condition that achieves the same end as the requested reasonable accommodation is available;

(2) Special needs created by the disability at issue;

(3) Potential benefit that can be accomplished by the requested modification; (4) Potential impact on properties within the vicinity;
(5) Physical attributes of the subject property and structures;

(6) Alternative accommodations that may provide an equivalent level of benefit;

(7) Whether the requested accommodation would impose an undue financial or administrative burden on the City of Prescott;

(8) Whether the requested accommodation would require a fundamental alteration in the nature of a program of the City of Prescott;

(9) Whether granting the request would be consistent with the city’s General Plan;
and,

(10) The property will be used by an individual with a disability protected under federal and Arizona fair housing laws (42 USC § 3600 et seq. and A.R.S. § 41-
1491 et seq.).

(G) Findings. The written decision to approve, conditionally approve, or deny a request for a reasonable accommodation shall be based on the following findings, all of which

are required for approval. In making these findings, the City Manager or designee may approve alternative reasonable accommodations which provide the applicant with an equivalent level of benefit.

(1) The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under federal and Arizona fair housing laws (42 USC § 3600 et seq. and A.R.S. § 41-1491 et seq.);

(2) The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

(3) The requested accommodation will not impose an undue financial or administrative burden on the city, as “undue financial or administrative burden” is defined in federal and Arizona fair housing laws (42 USC § 3600 et seq. and A.R.S. § 41-1491 et seq.) and interpretive case law;

(4) The requested accommodation will not, under the specific facts of the application, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others;

(5) Whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting;

(6) The requested accommodation will not result in a fundamental alteration in the nature of the requirements of this chapter.

4-11-13Violations and Penalties

A. Nothing in this chapter shall be construed as affecting the ability of the City of Prescott to initiate or continue concurrent or subsequent criminal prosecution or civil code enforcement actions for any violation of the City Code or state law arising out of the circumstances necessitating the application of this chapter.

B. The remedies herein are cumulative and the City of Prescott may proceed under one or more such remedies. Each violation of any provision of this chapter shall constitute a separate offense and each day a violation remains unabated may constitute a separate offense.

C. Any owner, operator, or other person who causes, permits, facilitates, aids, or abets any violation of any provision of this chapter or who fails to perform any act or duty this chapter requires is subject to minimum civil sanction of not less than one hundred dollars and a maximum civil sanction as set forth in section 1-3-2 of this code. Each day any violation of any provision of this chapter exists shall constitute a separate violation.

D. Any owner, operator, or other person who knowingly causes, permits, facilitates, aids, or abets any violation of any provision of this chapter or who knowingly fails to perform any act or duty required by this chapter is guilty of a class 1 misdemeanor.

SECTION 2. Severability
If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. 32

SECTION 3. Clerical Corrections.
The City Clerk is hereby authorized to correct typographical and grammatical errors, as well as errors of wording and punctuation, as necessary, related to this ordinance as amended herein, and to make formatting changes needed for purposes of clarity and form or consistency within thirty (30) days after adoption by the city council.

SECTION 4. Effective Date.

This ordinance shall become effective on January 1, 2017.

SECTION 5. Council Review of Chapter 4-11

Within one year of the effective date of this ordinance, the City Council shall hold a public hearing to review the effect and effectiveness of this Chapter 4-11 and shall provide staff with direction for any desired revisions that arise from such review.

PASSED AND ADOPTED by the Mayor and Council of the City of Prescott, Arizona on this day of , 2016.

HARRY B. OBERG, Mayor

ATTEST: APPROVED AS TO FORM: DANA R. DeLONG, City Clerk JON M. PALADINI, City Attorney

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