TITLE 3
PUBLIC HEALTH AND SAFETY
CHAPTER 1
NUISANCES
SECTION:
3-1-1: Purpose
3-1-2: Applicability
3-1-3: Definitions
3-1-4: Responsibility For Maintenance
3-1-5: Public Nuisances
3-1-6: Enforcement
3-1-7: Summary Abatement
3-1-8: Abatement In Other Cases; Notice
3-1-9: Abatement By Owner Or Individual In Possession
3-1-10: Appeal Procedures; Hearing
3-1-11: Abatement By City
3-1-12: Notice Of Assessment; Appeal Of Charges
3-1-13: Personal Liability Of Owner And Individual In Possession
3-1-14: Overhead Charge; Civil Penalties
3-1-15: Unlawful To Create, Keep Or Maintain; Penalty
3-1-1: PURPOSE:
   A.   The intent of this chapter is to provide a comprehensive mechanism for the identification and abatement of public nuisances within the city, to safeguard the health, safety and welfare of the people by maintaining property or premises in good appropriate condition; to promote a sound and attractive community appearance; and to enhance the economic value of the community, and each area in it, through the regulation of the maintenance of property or premises.
   B.   The remedies provided for in this chapter are supplemental and complementary to all of the provisions of this code, and state and federal law, and nothing herein shall be read, interpreted or construed in any manner to limit any existing right or power of the city to abate any and all public nuisances. (Ord. 2002-6, 11-4-2002)
3-1-2: APPLICABILITY:
The provisions of this chapter shall apply to all property throughout the city wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this chapter but which is duly authorized under any other city, state or federal law, shall not constitute a violation. (Ord. 2002-6, 11-4-2002)
3-1-3: DEFINITIONS:
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
ABATEMENT: The removal, stoppage, prostration, or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying, or effacing it.
ATTRACTIVE NUISANCE: Any condition, instrument or machine which is unsafe, unprotected and may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot, including, but not limited to, abandoned, broken or neglected vehicles, machinery, equipment, refrigerators, freezers, swimming pools, holes or excavations.
OWNER: The owner of record or any person with legal, financial or equitable interest in the property on which the alleged public nuisance exists at the time of the violation.
PROPERTY: Any real property, premises, structure or location on which a public nuisance is alleged to exist.
PUBLIC NUISANCE: Any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, deck; or any lot, land, yard, premises or location which, in its entirety or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city, in any one or more of the following particulars:
   A.   By reason of being a menace, threat and/or hazard to the general health and safety of the community.
   B.   By reason of being a fire hazard.
   C.   By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.
   D.   By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
   The term public nuisance shall mean any nuisance designated in section 3-1-5 of this chapter.
SUMMARY ABATEMENT: Abatement of the nuisance by the city, or a contractor employed by the city, by removal, repair, or other acts without notice to the owner, agent, or occupant of the property except for the notice required by this chapter. (Ord. 2002-6, 11-4-2002)
Loading...