Without limiting or impairing the effect of other sections of the code, the following, when they exist within the limits of the city, are specifically declared to be public nuisances:
(A) Nuisances as defined by state code. Nuisances as defined within the state code, specifically U.C.A. Title 78B, Part 6, U.C.A. §§ 76-10-801 through 76-10-803, or as amended, and all other sections meeting the definition of a nuisance;
(B) Fire hazard. A fire hazard as determined by the Fire Marshal, and also the burning of material which causes a dangerous or offensive smell, smoke, soot or cinders;
(C) Improper accumulation or storage. Accumulation of soil, sand, gravel or rock, litter, debris, plant trimmings or trash, in the public right-of-way or visible from the street or an adjoining property. Material stored as part of an active construction project shall not be considered a nuisance;
(D) Accumulation of junk. Accumulation of used or damaged lumber; junk; salvage materials; abandoned, discarded or unused furniture; stoves, sinks, toilets, cabinets or other fixtures or equipment stored so as to be visible from a public street, alley or adjoining property, or which is likely to harbor rats, vermin or other pests. However, nothing herein shall preclude the placement of stacked firewood for personal non-commercial use on the premises;
(E) Attractive nuisances. Any attractive nuisance dangerous to children and other persons including, but not limited to, abandoned, broken or neglected household appliances, equipment and machinery, abandoned foundations or excavations, or improperly maintained or secured pools;
(F) Vegetation. Dead, decayed, diseased or hazardous trees, noxious weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous condition, is an obstruction to pedestrian or vehicular traffic, is a potential fire hazard or which is likely to harbor rates, vermin or other pests;
(G) Fugitive dust. Any premises or property from which dust escapes due to human disturbance of the landscape such as removal of or lack of landscaping, non-maintenance, manufacturing or other business activity, mining activity, construction activity or other cause;
(H) Construction equipment. Construction equipment or machinery of any type or description parked or stored on property, without a business license specifically regulating the parking or storage of such equipment or machinery, when it is readily visible from a public street, alley or adjoining property, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property, or where the property is zoned for the storage of construction equipment and/or machinery. This section shall not apply to the keeping or storage of equipment, implements or tools normally kept for the maintenance of residential yards such as lawn mowers, roto-tillers and the like;
(I) Graffiti. Any graffiti including, but not limited to, graffiti consisting of vulgar or indecent words or pictures, which remains on the exterior of any building, fence, sign or within a public place which is visible to the general public;
(J) Improper maintenance.
(1) Maintenance of buildings, structures, walls, signs, fences, gates, hedges or structures in such condition as to be deemed defective or in a condition of deterioration or disrepair including, but not limited to:
(a) Any building or structure which is unfit for human habitation or which is an unreasonable hazard to the health of people residing in the vicinity thereof, and which is not reasonably secured against entry;
(b) Any building or structure that presents an unreasonable fire hazard in the vicinity where it is located;
(c) Any building or structure which is abandoned, partially destroyed, or left in an unreasonable state of partial construction for a period of six months or longer. The building or structure shall not be considered to be a nuisance if it is under active construction as evidenced by a current building permit, or a plan for its rehabilitation is being reasonably pursued;
(d) Any building or structure having dry rot, warping, termite infestation, decay, excessive cracking, peeling or chalking finish material, so as to render the building unsightly and/or in a state of disrepair, and for which no plan for its rehabilitation is being reasonably pursued; and
(e) Any building, structure or condition that violate any building, electrical, plumbing, fire, housing or other code adopted by the city.
(2) This section shall not be construed to require the removal of buildings which have a legitimate and demonstratable historic significance to the community; however, such buildings shall be maintained in a condition that does not create a health or safety hazard to persons working or residing in the vicinity, or to the general public.
(K) Dangerous conditions. 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, dock or loading dock; 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; and
(L) Other conditions. Anything which is injurious to the health or morals or which is indecent or offensive to the senses or whatever is dangerous to human life or health or whatever renders soil, air, water or food impure or unwholesome or whatever is an obstruction to the free use of property so as to interfere with the enjoyment of life or property is a nuisance.
(Prior Code, § 13.01.230) (Ord. 13-23, passed 11-21-2013) Penalty, see § 10.999