(A) The following situations within the boundaries of the town are declared to be public nuisances. The existence of any of the following conditions within the boundaries of the town shall be deemed a violation of this subchapter:
(1) Any building or structure which meets the definition of an unsafe building or structure as provided in § 116 of the International Building Code, or any successor provision, as adopted by the town under § 150.15 of this code of ordinances;
(2) Any violation of the town’s subdivision and zoning laws and regulations, as may be amended from time to time;
(3) Buildings of any kind which are abandoned, boarded up, partially destroyed, structurally unstable, partially constructed and/or uncompleted buildings after building permits have expired;
(4) Buildings used for residential purposes which do not have running water, electricity and sewage/septic services. Conditions described in this division (A) shall be deemed unsanitary and hazardous to the health and public safety of the citizens of the town;
(5) Buildings with damaged and/or deteriorating exteriors causing, or having the potential to cause, dangerous structural conditions;
(6) Any condition which renders air, food or drink unwholesome, unsanitary or detrimental to health;
(7) Excessive amounts of animal waste or its byproducts and any amount of human waste;
(8) Dead animals;
(9) Any public nuisance, as defined by M.C.A. § 45-8-111, or otherwise recognized by the law as a public nuisance;
(10) Any condition which poses a fire hazard; and
(11) Any condition constituting community decay under this subchapter.
(B) The following situations within the boundaries of the town may constitute public nuisances after investigation, as provided in this subchapter:
(1) The keeping, storage, depositing or accumulation on the premises and in the public view (as defined in this subchapter) for over 30 days of any personal property or wastes, including, but not limited to:
(a) Abandoned, wrecked, dismantled or inoperative vehicles;
(b) Abandoned, wrecked or dismantled boats, vessels, all-terrain vehicles and recreational vehicles;
(c) Automotive parts and equipment;
(d) Abandoned, discarded or unused furniture, appliances, sinks, toilets, cabinets or other commercial or household fixtures or equipment;
(e) Dumping, piling or stacking of bricks; tires; iron; metal; component or machine parts; barrels; concrete blocks; wood; used road blacktop; lumber; building materials; shipping pallets; scrap metal; packing materials; junk; salvaged metal items; rubbish; debris; dirt; sand; gravel; demolition materials or wastes; and/or other similar material and residue from such items (such as mortar, containers, wood splinters and broken and unusable bricks) in public view, unless said material is stacked in neat piles and all items are, within 30 days of their placement on the premises, removed to a licensed solid waste disposal site or to some other location which has been approved by the appropriate authority;
(f) Straw, hay or grass trimmings, or similar material, unless the material is to be used as soil conditioner or mulch and, in that case; provided that, the material is plowed into the ground or otherwise mixed and covered with clean soil within 30 days of its placement on the premises; and
(g) The storage or accumulation of cardboard boxes or paper, unless the same is specifically accumulated for recycling and is removed from the premises within 30 days of its placement on the premises.
(2) Building exteriors, walls, fences, driveways or walkways which have been defaced due to any writing, inscription, scratching and/or any other marking commonly referred to as “graffiti”);
(3) Building exteriors, walls, fences, driveways or walkways which are broken, defective, deteriorated or in disrepair, if such condition has existed and persisted on the premises for a period of 30 days;
(4) Buildings with broken windows, doors, attic vents, damaged roofs or other appurtenances;
(5) Premises having a topography, geology or configuration which, as a result of grading operations or improvements to the land, experience erosion, subsidence, unstable soil conditions or surface or subsurface drainage problems potentially hazardous to adjacent premises;
(6) Abandoned, wrecked, dismantled or inoperative trailers, campers and boats, unless the same are accumulated as part of an ongoing, active salvage business located in an area properly zoned for such a business and which possess a conditional use permit; and, provided that, such materials are shielded from public view to the standards provided in this subchapter;
(7) The presence and enforcement of law with respect to abandoned vehicles is addressed in M.C.A. Title 61, Ch. 12, part 4, as may be amended from time to time, and its terms are hereby incorporated by reference;
(8) The presence and enforcement of law with respect to junk vehicles is addressed in M.C.A. Title 75, Ch. 10, part 5, as may be amended from time to time, and its terms are hereby incorporated by reference;
(9) Any condition in violation of Chapter 90 of this code of ordinances;
(10) Any condition which may otherwise cause unsanitary or hazardous conditions to exist; and
(11) Any condition which may reasonably be offensive to other persons by sight or odor and which may detract from the aesthetic qualities or economic value and vitality of any neighborhood within the town.
(C) This definition does not apply to properly permitted construction and/or demolition projects during the time any necessary permits are in effect.
(D) (1) The standards and conditions set forth in this section are not intended to be, nor shall the same be considered, the sole or exclusive standards for establishing a public nuisance.
(2) The Public Works Department has discretion to determine whether a violation of this subchapter exists.
(Ord. 344, passed - -2021) Penalty, see § 91.99