TITLE 10
HEALTH AND SANITATION
CHAPTER 1
NUISANCES
SECTION:
10-1-1: General Provisions
10-1-2: Definitions
10-1-3: Duty Of Maintaining Property; Offenses; Remedies
10-1-4: Written Administrative Compliant Of Existence Of Nuisance; Emergency Declaration And Abatement
10-1-5: Investigation Of Written Complaint Of Nuisance; Inspection Authority
10-1-6: Notice To Property Owner And Occupant Of Nuisance
10-1-7: Setting Of Hearing Regarding Nuisance; Hearing And Decision
10-1-8: Appeal
10-1-9: Referral To City Attorney; Issuance Of Citations
10-1-10: Abatement/Enforcement By The City
10-1-11: Assessments Of Costs Of Abatement
10-1-12: Collection Of The Special Assessment
10-1-1: GENERAL PROVISIONS:
   (A)   Title: This chapter shall be known as the Nuisances Ordinance of the City of Carlin, may be cited as such, and will be referred to hereafter as the "nuisance code."
   (B)   Purpose and Scope:
      1.   It is determined and declared as follows:
         (a)   The city has a substantial and legitimate interest in seeing that its community, including property, buildings, and premises within its limits, is kept in a safe and reasonable condition in accordance with generally accepted community standards.
         (b)   The keeping or maintaining of property, buildings, and premises at variance with the level of maintenance of surrounding properties will result in blight and/or unsafe conditions and substantial diminution in the employment, use, and property values of such surrounding properties.
         (c)   It is desirous to promote the maintenance of property, buildings, and premises in order to enhance the community appearance, and the safe, social, and economic conditions of the community.
      2.   The purpose of this chapter is to protect the health, safety, and welfare of the citizens of Carlin and to promote the maintenance of property, buildings, and premises in order to enhance the livability, community appearance, and the safe, social, and economic conditions of the community.
      3.   This chapter shall apply to all property, buildings, and premises within the city without regard to the use, or the date of construction or alteration.
      4.   The Board of Council Members hereby provides that an action to declare and abate a public nuisance may proceed through municipal court and/or administratively through the Board of Council Members. (Ord. 253, 9-14-2022)
10-1-2: DEFINITIONS:
   (A)   "Owner" shall mean the responsible party, person or entity owning the vacant lot as shown on the last tax assessment roll maintained in the Elko County Assessor's office; or any person, co-partnership, agent, operator, firm, association, corporation or other business entity, or fiduciary having a legal or equitable interest in the property or who otherwise exercises control of the property, including the trustee or guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession or control of the vacant lot by a court of competent jurisdiction.
   (B)   For the purposes of this chapter, the term "nuisance or public nuisance" means any condition or use of premises or of building exteriors which constitutes a hazard to the health, safety, peace, comfort, convenience, enjoyment and/or welfare of the public, is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes, but is not limited to, the following matters declared, without limitation, to constitute public nuisances:
      1.   Every act unlawfully done and every omission to perform a duty, which act or omission:
         (a)   Shall annoy, injure, or endanger the safety, health, comfort, or repose of any considerable number of persons.
         (b)   Shall offend public decency;
         (c)   Shall unlawfully interfere with, befoul, obstruct or tend to obstruct, or render dangerous for passage a public park, square, street, alley, bridge, causeway, or highway, or a river, stream, canal, ditch, pond, or other body of water;
         (d)   Shall in any way render a considerable number of persons insecure in life or the use of property.
      2.   Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
      3.   Any dangerous structure or condition which may cause injury to, or endanger the health, life, property, safety, or welfare of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:
         (a)   Injures or endangers the life, safety, health, or property of the general public or the occupants of the property upon which the structure or condition is located, or in any way annoys or endangers the comfort or repose of a considerable number of persons;
         (b)   Violates an ordinance, rule, or regulation regulating health and safety enacted, adopted, or passed by the city, the violation of which is designated as a nuisance in the ordinance, rule, or regulation; or
         (c)   Does not meet the requirements of a code or regulation adopted pursuant to NRS 268.413 with respect to minimum levels of health, maintenance, or safety.
      4.   Debris, rubbish, trash, and refuse which includes all non-putrescible waste matter or debris, manure, combustible and non-combustible materials that result from normal household, community, and business activities including, without limitation, grass clippings, tree trimmings, paper, cardboard, cans, wood, glass, bedding, crockery, and similar materials.
      5.   Garbage which includes all kitchen and table food waste, animal waste, vegetable waste, and all household waste or residue resulting from the preparation, storage, cooking, handling, or treatment of food.
      6.   The violation of any state law or city ordinance which defines violation thereof as a nuisance or as nuisance activity.
      7.   Abandoned, discarded, or unused objects or equipment such as motor vehicles, machinery, furniture, stoves, household appliances, cans, containers, boxes, waste, old building material, and other such items.
      8.   Outside storage of inoperable vehicles, equipment, building materials, and other property, unless fully screened from view from outside the property and fully enclosed or otherwise protected in such manner as to prevent the harboring of insects, flies, rodents, snakes, and other animals.
      9.   Excessive emission of dense smoke and air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes, and gasses within the city.
      10.   Excessive noise which is injurious to health or which interferes unreasonably with the comfortable enjoyment of life or property within the city.
      11.   Weeds and noxious plant growth which includes weeds or overgrown grass, brush, or vegetation that is offensive to the senses or injurious to health.
      12.   Criminal activity which is defined as a nuisance under City code or State law. (Ord. 253, 9-14-2022)
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