As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:
ABATEMENT: The removal, stoppage, prostration or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying, or effacing it.
NUISANCE GRASS: Any grass that exceeds eight inches (8") as measured from the top of the soil to the top of the grass excluding any xeric grasses specifically designated to xeriscape landscaping for water conservation purposes.
NUISANCE NOISE: Any noise that exceeds one hundred (100) dBA for a duration that lasts longer than fifteen (15) minutes without a proper permit.
NUISANCE TREES: Any tree that is dead or dying, interferes with the use of public property, is harboring insects or diseases that reasonably maybe expected to injure or harm other trees. To be declared a nuisance tree a professionally certified by the International Society of Arboriculture arborist must provide a report stating that the tree poses a threat to the health and safety of other trees, property, or residents of the Town of Manhattan.
NUISANCE VEGETATION: Any vegetation that extends into a public right of way below a height of eight feet (8'), that is listed as a nuisance defined herein or noxious or nuisance weed by the Gallatin County Weed District Board, the State of Montana, or which creates a fire hazard.
OWNER: The owner of record or any person with legal, financial or equitable interest in the property on which the alleged public nuisance exists at the time of the violation.
PROPERTY: Any real property, premises, structure or location on which a public nuisance is alleged to exist.
PUBLIC NUISANCE: Any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, nuisance grass or nuisance vegetation, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, 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 harm, damage or injury to any one or more neighbors of the property, in any one or more of the following particulars:
A. By reason of being a menace, threat 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 substantially depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is permanently harmful to the adjacent property.
The term "public nuisance" shall mean any nuisance designated in Section 4-2-4 of this Chapter.
SUMMARY ABATEMENT: Abatement of the nuisance by the Town, or a contractor employed by the Town, by removal, repair or other acts without notice to the owner, agent or occupant of the property except for the notice required by this Chapter.
(Ord. 252, 9-1-1998; amd. Ord. 23-002, 9-14-2023)