The following acts, results, and conditions or use of property are declared to be nuisances:
(A) Accumulation to constitute nuisances. Whenever there exists in or upon any lot or piece of ground within the limits of the Town any damaged merchandise, litter, trash, rubbish, garbage, wrecked car, inoperable vehicles, or other wrecked vehicles, or an accumulation of junk vehicles or junk of any type upon any private or public property, except in areas specifically zoned in Chapter 153 of this Code for said purposes or otherwise designated by the Town for such purposes, the existence of any such material or items shall constitute a nuisance and shall be a violation of this Chapter.
(B) Violations of building and zoning regulations. It is unlawful and constitutes a public nuisance for any person to maintain any property, building or any other structure in the Town in a condition which is in violation of the building code or the Zoning Ordinance of the Town.
(C) Trash thrown in street, vacant lot, etc. No trash, rubbish, or garbage of any kind or nature whatsoever or any other material shall be thrown or swept into any street, sidewalk, gutter, sewer intake, alley, vacant lot or other property. It is unlawful to deposit or cause to be deposited or cast into any street, alley or public place or upon any private property, without the consent of the owner or occupant thereof, any rubbish, trash, handbill, circular, paper, inflammable substance or filth. Violation of this subsection shall constitute a nuisance.
(D) Responsibility and removal of trash or rubbish on residential, commercial, and industrial premises.
(1) It is the duty of every person, whether owner, lessee or renter of any vacant lot, building or premises, including any place of business, hotel, restaurant, dwelling house, apartment, tenement or any other establishment, at all times to maintain the premises in a clean and orderly condition, permitting no deposit or accumulation of trash, rubbish or materials contrary to the provisions of this Chapter, other than those ordinarily attendant upon the use for which such premises are legally intended. All plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire or metal binding, sacks or loose discarded or unused material of any kind resulting from the wrecking, constructing or reconstructing of any room, basement, wall, fence, sidewalk or building shall be promptly removed or discarded in such a manner as not to be scattered about by the wind or otherwise, and as soon as possible be removed by the person responsible for such work. Such person shall be held responsible for any scattering of such refuse upon adjacent property. Fermenting, putrefying, odiferous or unsightly garbage, rubbish or trash dumped in the open or uncollected at the proper time due to failure of any owner or occupant of property within the Town limits to comply with the terms of this Chapter, or any other rule or regulation under this Chapter, is a nuisance and a violation of this Chapter.
(2) Discarded rubbish, including automobile parts, stoves, furniture, and junkyard refuse shall be removed periodically from business establishments by the proprietor so that the premises are clean and orderly at all times. Silt and similar deposits from automobile wash racks shall be removed by the establishment creating such deposit. Any accumulation of rubbish that is highly explosive or flammable which might endanger life or property shall be removed from the Town or to such places as approved by the Chief of Police. Such removal shall be effected by the establishment responsible therefor. Violation of this subsection shall constitute a nuisance.
(3) Vehicle regulation for garbage removal. All vehicles used for the collection and removal of garbage shall be fitted with a good and substantial watertight tank with a close-fitting top to prevent the escape or spilling of any of the contents therefrom. All vehicles used for the collection and removal of rubbish or trash shall be so equipped as to prevent the escape or spilling of any rubbish or trash. All such vehicles shall be thoroughly cleaned and disinfected at least twice each week. No vehicle shall remain for a longer time at any one (1) place, on public streets or alleys, than is necessary for loading all garbage, rubbish and trash.
(4) Garbage transport permits and containers. Transporting of garbage, manure, trash, leaves, grass, or tree limbs upon any street in this Town in a vehicle which is not fitted with a tightly enclosed cover thereon so as to prevent any portion of such refuse to be scattered or thrown into such street is hereby declared to be a nuisance. It is a violation of this Chapter and a public nuisance for any person to haul or transport for hire over any street or alley within the Town any garbage, rubbish, or trash without first obtaining a permit to do so, or in any vehicle not inspected and approved by the Town Manager; to keep or maintain any garbage can or other receptacle for garbage in an unsanitary condition or in such manner as to be exposed to flies; to permit any garbage can or other receptacle for garbage, rubbish or trash to remain unscreened or uncovered so that the contents thereof may be dragged out by dogs or other animals, or blown out or scattered by wind.
(E) Stagnant water, contaminated or impure well or cistern.
(1) Ditches, sloughs, and man-made water holding devices containing stagnant water, which may provide a breeding ground for mosquitoes and other insects, are deemed a nuisance.
(2) Excavations exceeding five (5) feet in depth, cisterns and wells or excavations used for storage of water are declared to be a public nuisance unless the same are adequately covered with a locked lid or other covering device weighing at least sixty (60) pounds or are securely fenced with a solid fence to a height of at least six (6) feet.
(3) Any well or cistern on any property within the limits of the Town, whenever a chemical analysis or other proper test at the location of the same shows that the water of the well or cistern is probably contaminated, impure or unwholesome, is deemed a nuisance.
(4) Every owner, tenant, occupant, lessee or other person in possession of any premises or any part thereof, upon which there is located a well containing contaminated, impure or unwholesome water, must abandon the use of the same and cause the same to be filled with earth or such other material as may be designated by the Town Manager or Chief of Police; failure to do so is deemed a nuisance.
(F) Contamination of property, public streets, streams, and water supply.
(1) The throwing or depositing of any animal or vegetable substance or both, any dead animal, excrement upon any street, avenue, alley, sidewalk or public or private grounds shall be deemed a nuisance.
(2) The accumulation of any stale, putrid or stinking fat or grease or other stale matter on any property in the Town is hereby declared to be a nuisance.
(3) The throwing or depositing in the Town of anything specified in Subsection (a) above, or any other substance that would tend to have a polluting effect, into the water of any stream, ditch, pond, well, cistern, trough, or other body of water, whether artificially or naturally created, or so near any such place as to be likely to pollute the water, shall be deemed a nuisance.
(G) Sewer inlet. Any Chapter or materials accumulated in any storm drain, sewer, sewer line, inlet, system or privy vault that shall have a sewer connection, which causes or might cause such storm drain, sewer line, sewer system, inlet or privy vault to plug, back up, or become noxious or offensive to others or injurious to public health, are hereby declared to be nuisances.
(H) Discharge of noxious or hazardous liquids.
(1) The discharge out of or from any house or place of foul or noxious liquid or substance of any kind whatsoever into or upon any adjacent ground or lot or into any street, alley or public place in the Town is hereby declared a nuisance.
(2) The discharge of any flammable or hazardous liquid or substance onto any lot, residence, building or other property in the Town in such a manner as to constitute a hazard or danger to persons or property is also hereby declared a nuisance.
(I) Accumulation or storage of weeds, etc.
(1) It is unlawful and constitutes a nuisance for any person to pile, store or allow to accumulate any weeds, manure, or animal feces on any lot or real estate within the Town in such quantities which could harbor and conceal harmful vermin, rodents, or insects, or which is unsafe, unhealthy, or unsightly to persons or the public.
(2) Permitting to grow or remain declared nuisance. Every person being the owner, occupant, tenant or in control of any lot or parcel of land within the Town, or person having a contractual relationship with the owner which allows him or her to list the property for sale, who permits or allows the growth, decay or presence of chico, sagebrush, greasewood, thistles, weeds, noxious weeds, or other waste vegetation or growth of any grass or native vegetation in excess of eight (8) inches in height on any premises, or in to the alleys, sidewalk and parking areas appurtenant to the property, is guilty of creating, continuing and suffering a nuisance to exist. Property owners, lessees and persons in possession of any property in the Town shall be responsible for maintaining their property (and any adjacent property of the Town which may be appurtenant to the rear, front and side of such property, including to the center of alleyways, front and side islands and other property to the curb line of the street) in compliance with this Section.
(J) Handbills, posters, and placards. Any sign, handbill, poster, placard or painted or printed matter which is stuck, posted, or pasted upon any public right-of-way, any public or private residence or other structure or any power pole, fence, or live tree without the permission of the owner, agent or occupant of the residence, structure, power pole, fence, live tree, or right-of-way shall be deemed a nuisance. Any permitted signs, handbills, posters, placard or painted or printed matter shall be removed within three (3) days after expiration of the advertised event by any person placing or responsible for placing the same.
(K) Accumulation of excessive firewood. Accumulation of an excessive amount of firewood or kindling at or upon a lot or residence in such a manner as to cause a fire hazard, unsightly annoyance, or depreciation of neighboring property values to others is deemed a nuisance. Such firewood shall not be stored on public rights-of-way.
(L) Snow and tree debris removal required. It is the duty of the owner, tenant or occupant of any lot, block or parcels of land, or any part thereof, situated within the Town to clean the snow or tree debris off the sidewalk abutting thereon within twenty-four (24) hours after the fall of such snow or other tree debris. Such snow or tree debris accumulation is declared to be a nuisance; and whoever is owning, renting or occupying any such premises and fails or neglects to clean the snow or tree debris from the sidewalk is guilty of a violation of this Chapter.
(M) Dead animal removal. The body of any animal which has died, and which is undisposed of after twelve (12) hours after death is hereby declared to be a nuisance. It shall be the responsibility of every owner, lessee and/or person in possession of such property to promptly dispose of said animal. In addition, any person placing said animal on a Town right-of-way or other Town property shall be considered to have violated this Chapter.
(N) Exposure or conveyance of anything prejudicial to health. It is unlawful and constitutes a nuisance for any person to expose, convey, place or cause to be exposed, conveyed, or placed in any street or public place any substance, animal, or thing to the prejudice of the public health.
(O) Burning, creating smoke or odors.
(1) It is unlawful and constitutes a nuisance for any person to create smoke or odors from the burning of trash, leaves, weeds, refuse or other material, which creates an annoyance to others.
(2) It is unlawful for any person, tenant, corporation, or entity owning, occupying, or managing any lot, tract or parcel of land within the Town to bum or allow the burning of rubbish, garbage or junk, grass, lawns, brush, shrubs, limbs, or weeds on such property. Burning of irrigation ditches will require a permit and acceptable plan of management approved by the Town Manager and/or Code Enforcement Officer.
(P) Offensive businesses. It shall be unlawful for any person to allow or suffer upon his or her premises or to conduct upon any premises or property within the Town, a business or establishment which fosters or maintains any hazard or condition which is detrimental to the public health, morals, safety, or welfare of the public, and the same is declared a nuisance.
(Q) Storage and keeping of junk.
(1) The keeping, storage, or collection of junk within the Town in violation of this Chapter is a nuisance and is detrimental to the health, safety, convenience, and general welfare of the citizens thereof.
(2) All places used or maintained as junkyards or dumping grounds, for the wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind; for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks, tractors, trailers, boats, airplanes, house trailers, electronic equipment, appliances or machinery of any kind or of any parts thereof; or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places essentially interfere with the comfortable enjoyment of life or property by others, or are unsightly, are hereby declared to be nuisances.
(3) The keeping, storage or collection of junk shall not be deemed a nuisance when and if the same is kept, stored, or collected in completely enclosed buildings as long as it does not result in the structure becoming a “dangerous building”. This Chapter shall not apply to any properly zoned premises where a licensed motor vehicle dealer or a farm implement dealer conducts his or her business as long as such premises does not otherwise become a public nuisance.
(R) Parking vehicles, motorized equipment, and machinery on residential lots (lawns).
(1) The parking of vehicles, motorcycles, motorized equipment, and machinery upon front yard setbacks of residential properties or in public rights-of-way between street, curb, and owner’s property line (except for constructed driveways) contributes to the depreciation of property values, and constitutes blight is prohibited; the same is hereby deemed a nuisance.
(2) For the purpose of this Section, constructed driveway is defined to mean an off- street parking area built of asphalt, concrete, rock or gravel that occupies no more than forty percent (40%) of the front setback area. Driveways built of rock or gravel shall be not less than three (3) inches deep and have an outer border to contain the material.
(3) No vehicles shall be parked in such a manner as to obstruct motorists’ view of street intersections or pose any other driver safety.
(S) Junked/inoperable vehicles or airplanes on private property.
(1) Inoperable vehicles. It is unlawful for any person or agent, either as owner, lessee, tenant or occupant of any lot or land within the Town, to park, store or deposit or permit to be parked, stored, or deposited thereon an inoperable vehicle unless such vehicle is enclosed in a garage or other building. The provisions of this Section shall not apply to any person or agent with one (1) vehicle inoperable for a period of less than thirty (30) consecutive days, or to any person who is conducting a business enterprise.
(2) It is a nuisance for any person who is the owner of any vehicle or the owner of any property, or any person who is in charge or in control of any property, whether as owner, tenant, occupant, lessee or otherwise, to permit or allow any junked, discarded or partially wrecked vehicle or airplane, or parts thereof, to remain on the property longer than ten (10) days; provided that this Section shall not apply with regard to a vehicle or parts of a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in an area zoned for vehicle repair or a vehicle in an appropriate storage place or depository maintained for impounded vehicles by the Town.
(3) It is the duty of the Police Department and Code Enforcement Officer to require the owner or agent of the owner of any premises whereon is situated any partially dismantled, junked, abandoned, discarded, or partially wrecked vehicle or airplane, or parts thereof, to remove the same within ten (10) days.
(4) For the purposes of this Section, the tenant, occupant, or lessee shall be deemed agent of the owner of the premises.
(5) Upon the failure, neglect or refusal of any owner or agent of the owner so notified to properly dispose of the vehicle or airplane, or parts thereof, within the time limits set forth in Paragraph (2) above, the Police Department or Code Enforcement Officer is authorized and empowered to remove the same at the expense of the owner or agent of the owner, who shall be assessed said administrative expenses of the Town.
(6) In case the owner or agent of the owner of such property fails to pay such bill within thirty (30) days after the same has been rendered, the Police Department or Code Enforcement Officer shall report the same to the Town Manager who shall cause assessment of the costs against the property in question.
(T) Abandoned, wrecked, and junked vehicles.
(1) No person shall abandon any vehicle within the Town, and no person shall leave any vehicle or airplane at any place within the Town or upon Town owned property for such times and under such circumstances as to cause the vehicle reasonably to appear to be abandoned.
(2) In the event of abandonment of a vehicle or airplane on property within the Town or upon Town owned property other than public rights of-way, the owner of the property and/or person in possession, shall cause the property to be removed from the Town or placed in a secure, closed structure. Any third-party may notify the Police Department of the existence of the abandoned items in violation of this subsection.
(U) Broken windows in vacant dwellings. All broken windows and open doors in a vacant dwelling shall be replaced or covered in a manner preventing entry by the owner or agent within seventy-two (72) hours after notice is given by the Chief of Police, his or her designated officer or the Code Enforcement Officer.
(V) Drug houses and illegal activity.
(1) Any building, dwelling, structure, trailer, mobile home, vehicle or property utilized or maintained for, or containing the illegal cultivation, storage, use, sale, transfer or storage of, illegal drugs, controlled substance, illegal quantities of marijuana, illegal weapons, utilized for prostitution, human trafficking, sexual exploitation of children, facilitation of gang activity, facilitation of criminal activity and/or juvenile delinquency or utilized in a manner to hinder the enforcement of the criminal law or Town ordinances, is hereby declared a public nuisance and shall be subject to abatement, punishment, and seizure or forfeiture as provided in this Section or by State law.
(2) Any person who owns, manages, or controls any premises referenced in Subsection (1) and who encourages or permits such illegal activity to occur or continue on such premises or fails to implement reasonable and warranted abatement measures by summary termination of such nuisances, upon notice by the Town Manager, Code Enforcement Officer or a Town Police Officer, shall be deemed to have violated this Section and shall be subject to the penalties herein provided.
(3) The nuisances described herein shall be subject to abatement as provided in this Chapter.
(4) In addition, the properties described in this Section shall be subject to seizure and forfeiture by the Town upon having been declared a public nuisance and after notice and hearing and upon order of the District Court or a Court of competent jurisdiction.
(W) Any person who violates the provisions of this section shall be subject to the general penalty as provided in § 10.99 of the La Jara Municipal Code, in addition of the provisions for abatement of nuisances in this Chapter.
(Ord. 2023-2, passed 6-8-2023)