A. Nuisance Definitions And Examples: This section defines nuisance by providing five (5) general definitions of what constitutes a nuisance (subsection B of this section), and then providing specific examples of situations, conduct or activities that constitute nuisances (subsection C of this section). The purpose of the general definitions is to allow the city to classify an offending situation, conduct or activity as a nuisance, even though the situation, conduct or activity may not be listed as a nuisance in the specific examples. The first three (3) general definitions are taken directly from Utah state law. The purpose of listing the specific examples is to identify some of the specific situations, conduct and activities that the city intends to abate as nuisances.
B. General Definitions Of Nuisance: Any activity that meets any one or more of the five (5) definitions set forth below shall constitute a nuisance if it occurs within the city of Green River:
1. Nuisance As Defined In Utah Code Annotated Section 78B-6-1101(1): Anything which is injurious to health, indecent, 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.
2. Nuisance As Defined In Utah Code Annotated Section 76-10-801: Any item, thing, manner, or condition whatsoever that is dangerous to human life or health or renders soil, air, water, or food impure or unwholesome.
3. Nuisance As Defined In Utah Code Annotated Section 76-10-803: Unlawfully doing any act or omitting to perform any duty, which act or omission:
a. Annoys, injures, or endangers the comfort, repose, health, or safety of three (3) or more persons, at separate and distinct addresses in the affected neighborhood of the city;
b. Offends public decency;
c. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, or highway; or
d. In any way renders three (3) or more persons, at separate and distinct addresses in the affected neighborhood of the city, insecure in life or the use of property. An act which affects three (3) or more persons, at three (3) separate and distinct addresses in the affected neighborhood of the city, in any of the ways specified in this subsection is still a nuisance regardless of the extent to which the annoyance or damage inflicted on individuals is unequal.
4. Nuisance: A condition which:
a. Injures, or endangers the comfort, repose, health or safety of others; or
b. Unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any public park, square, street or highway, or any other public place; or
c. In any way renders other persons insecure in life, or in the use of property, and which affects the rights of an entire community or neighborhood, although the extent of the damage may be unequal.
5. Specific Nuisances Listed In Subsection C: Anything specifically listed as a nuisance in subsection C of this section.
C. Nuisances Enumerated: Every situation, conduct or activity listed below constitutes a nuisance and may be abated pursuant to this chapter. The listed examples are not exhaustive; a situation, conduct or activity not listed below, but coming within one of the general definitions of nuisance listed above, shall also constitute a nuisance. The first six (6) listed nuisances are also listed as nuisances pursuant to Utah Code Annotated section 78B-6-1107:
1. Unsafe Condition: A condition that unreasonably or unlawfully affects the health or safety of one or more persons.
2. Fire Hazard: Any situation, process, material or condition that, on the basis of applicable data, may cause a fire or explosion or provide a ready fuel supply to augment the spread or intensity of the fire or explosion and that poses a threat to life and/or property.
3. Noxious Emanations: Emanation of noxious, carcinogenic or unreasonable odors, fumes, or excessive gas, smoke, soot or cinders.
4. Refuse: Keeping or storing of any refuse or waste matter which interferes with the reasonable enjoyment of nearby property.
5. Stagnant Water: Polluted or stagnant water which constitutes an unhealthy or unsafe condition.
6. Improper Accumulations: Accumulation of soil, litter, debris, plant trimmings, or trash, visible from the street or an adjoining property.
7. Accumulation Of Junk: Accumulation of used or damaged lumber; junk; scrap metal; machinery or machinery parts; salvage materials; abandoned, discarded or unused furniture; stoves, sinks, toilets, boxes, barrels, bottles, cans, containers, iceboxes, refrigerators, cabinets, or other fixtures or equipment stored. However, nothing herein shall preclude the placement of stacked firewood for personal noncommercial use on the premises.
8. 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.
9. Vegetation: Dead, decayed, diseased, or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous condition, is an obstruction to pedestrian or vehicular traffic, or which is likely to harbor rats, vermin or other pests.
10. Improper Storage: The keeping, storing, depositing or accumulating of dirt, sand, gravel, concrete, or other similar materials, or maintenance of such material on the premises for ninety (90) days or in the public right of way. Material stored within twenty five feet (25') as part of an active construction project shall not be considered a nuisance.
11. Garbage Can Or Containers: The leaving of any garbage can or refuse container in the street, other than on collection day, or for more than seventy two (72) hours before or after the collection day, or the use of worn out, rusted or filthy garbage containers.
12. Construction Equipment: Construction equipment or machinery of any type or description parked or stored on property 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, or not in public right of way, or is means of property owner's livelihood.
13. Improper Sign: Improper maintenance of a sign; or signs which advertise a business that is no longer existent or operational on the property.
14. Improper Parking Or Storage:
a. Parking or storage of inoperative vehicles, or vehicle parts, on a premises within twenty five feet (25') of or in the public right of way.
b. Parking of an inoperative vehicle which is actively being repaired, on a weekly basis, or restored is allowed anywhere on the premises.
c. Parking or storage of registered vehicles in violation of city ordinance.
15. Improper Maintenance: Maintenance of buildings and/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, or which presents an unreasonable fire hazard in the vicinity where it is located; or
b. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of city ordinances, or any use of land, buildings or premises in violation of city ordinances; or
c. Buildings which are abandoned, partially destroyed, or left in an unreasonable state of partial construction for a period of twelve (12) months or longer. An "unreasonable state of partial construction" is defined as any unfinished building or structure where the appearance or condition of the building or structure does not meet the requirements for finished buildings or structures as required by applicable city ordinances or building codes. The building or structure shall not be considered to be a nuisance if it is under active construction; or
d. Buildings having dry rot, warping, termite infestation, decay, excessive cracking, as to render the building unsightly and/or in a state of disrepair; or
e. Buildings with missing doors and/or windows containing broken glass and/or no glass at all where the window is of a type which normally contains glass; or
f. Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, signs or ornamentation, or alleys maintained in such condition as to render them unsightly and/or in a state of disrepair; or
g. Buildings or conditions that violate any building, electrical, plumbing, fire, housing, or other code adopted by the city.
16. City Code Nuisances: Any violation of the Green River ordinances that expressly declares a specific situation, conduct or activity to be a nuisance.
17. 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, open well, 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, 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.
18. Habitat For Insects: Any condition that creates a habitat for mosquitoes, flies or other harmful or undesirable insects.
19. Weeds: Any vegetation commonly referred to as a weed or which shall have been designated a noxious weed by the state commissioner of agriculture.
a. Weeds constitute a nuisance when they create a fire hazard, a source of contamination or pollution of the water, air or property, a danger to health, a breeding place or habitation for insects or rodents or other forms of life deleterious to humans or are unsightly or deleterious to their surroundings or in excess of two feet (2') tall.
20. Dead Animals: Any premises that contains any decaying animals, animal parts or animal matter of any kind.
21. Parking On City Streets: Parking or storage of vehicles in excess of thirty six thousand (36,000) GVW in public rights of way for a period of time longer than ninety six (96) consecutive hours. (Ord. 2009-04, 2-10-2009, eff. 2-10-2009)