A. Nuisances Defined; Penalty: A "nuisance" is any item, thing, manner or condition whatsoever that is dangerous to human life, property or health and whatever renders soil, air, water or food impure or unwholesome. It shall be unlawful for any person, whether as an owner, agent or occupant, to create, aid in creating, or contribute to a nuisance, or to support, continue or retain a nuisance. Violations shall be punishable as provided for in title 12 of this Code.
B. Author Of Nuisance Defined: Where a nuisance exists upon property and is the outgrowth of the usual, natural or necessary use of the property, the landlord or his agent, the tenant or his agent, and all other persons having control of the property on which such nuisance exists, shall be deemed to be the authors thereof and shall be equally liable and responsible. Where any such nuisance shall arise from the unusual or unnecessary use of such property or from the business thereon conducted, then the owners, occupants and all other persons contributing to causing the nuisance or to the continuance of such nuisance shall be deemed the authors.
C. Declaration Of Nuisance:
1. Every act or condition made, permitted, allowed or continued in violation of subsection A of this section is hereby declared to be a nuisance and may be abated and punished as hereinafter provided.
2. Nuisances are also defined in section 12-1-110 of this Code and further include:
a. Befouling water in any spring, stream, well or water source supplying water for culinary purposes.
b. Allowing any privy vault or cesspool, or other individual wastewater disposal system, to become a menace to health or a source of odors to air or water.
c. Permitting any garbage container to remain on premises when it has become unclean, which produces a foul, putrid, or offensive odor.
d. Allowing vegetable waste, garbage, litter, filth or refuse of any nature to accumulate within or upon any private alley, yard or area, except when it is temporarily deposited for immediate removal.
e. Permitting the deposit for storage or accumulation of manure on any property that is not intended for landscaping or gardening use immediately, or within ten (10) days of delivery.
f. Permitting any slaughterhouse, market, meat shop, stable, feed yard, or other place or building wherein any animals are slaughtered, kept, fed or sold to remain unclean or in any state or condition detrimental to health or creating a nuisance because of odors, or in which flies or rodents breed.
g. Discharging or placing any offensive water, liquid waste or refuse of any kind into any street, alley, sidewalk, gutter, stream, wash, natural watercourse, ditch, canal or any vacant lot, or which as the result of continued discharge, will render the place of discharge offensive or likely to become so.
h. Keeping or collecting any stale or putrid grease.
i. Having or permitting upon any premises any fly or mosquito producing condition.
j. Permitting or performing any ablutions (the act of washing oneself) in or near any public fountain or public drinking fountain.
k. Permitting any lot or excavation to become the repository of stagnant water or any decaying or offensive substances.
l. Obstructing or interfering with or rendering dangerous for passage any street or sidewalk, lake, stream, drainage system, canal or basin, or any public park.
m. Burning garbage, leaves, grass or other refuse without a burn permit issued by the South Davis Fire District.
n. Conducting an animal products manufacturing business of bone crushing, bone boiling, fat boiling, gut cleaning or the making of glue, or the manufacture of fertilizing material from any dead animal or part thereof, or any boiling of offal, swill, fat or grease.
o. Conducting a business which creates or emits offensive odors or gases in or within one mile of the City.
p. Throwing or allowing to remain upon or in any street, road, ditch, gutter, public place, private premises, vacant lot, watercourse, lake, spring or well any house refuse, offal, garbage, dead animals, decaying vegetable matter or organic waste.
q. Failing to furnish any dwelling house, boarding house or factory or other business with restroom facilities, including sinks as may be required to maintain the same in a sanitary condition.
r. Neglecting or refusing to discontinue the use of, clean out, disinfect and fill up all portable restrooms, privy vaults and cesspools.
s. Allowing snow and ice to accumulate on any paved sidewalk or trail abutting the property of the owner, occupant or lessor.
t. Allowing any property or structure to become or allow to remain dangerous or hazardous to the health or physical well- being of any person.
u. Permitting to remain on property any excavation or well which is not guarded or covered by means of a permanent protective device or material, or actively in the process of construction. For the purpose of this section, the term "permanent protective device or material" shall mean a guard or obstruction over or in front of the excavation or well opening that cannot readily be removed, either intentionally or by inadvertence, sufficiently to fall or crawl into the opening, and made of material which will support a weight up to three hundred (300) pounds and which will not deteriorate due to exposure to the weather, ground or moisture.
v. Permitting any drainage system, canal, ditch, conduit or other watercourse of any kind or nature, natural or artificial, to become so obstructed as to cause the water to back up and overflow therefrom or to become unsanitary.
w. Opening, keeping or maintaining any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft or other place to which users or possessors of controlled substances listed in schedules I through V, Utah Code Annotated section 58-37-4, resort to, where use or possession of controlled substances violate this Code, or which is used for illegal keeping, storing or selling any substances listed as controlled substances in schedules I through V.
x. Maintaining at his place of business a tobacco vending machine which is accessible to persons under the age of nineteen (19) which provides a method of self-help for the disposition to such persons, by gift, sale or otherwise, of any cigarette or cigarette paper or wrapper, or any paper made or prepared for the purpose of making cigarettes or tobacco in any form whatsoever. Cigarette vending machines shall be deemed accessible to persons under the age of nineteen (19) under the conditions enumerated in Utah Code Annotated section 76-10-105.1.
y. The carrying on, engaging in, committing or, when in possession of control or responsibility, permitting any practice, act, trade, manufacture, business or profession which is injurious or dangerous to the health, safety, comfort or welfare of persons or damaging to the property of others or which prevents the reasonable use or enjoyment of the property of others by reason of, among other things, odor, smoke, dust, gas, noise, dirt, or vibration.
D. Enumeration Of Nuisances: The types of nuisances above stated shall not be deemed exclusive but shall be deemed in addition to and in no way a limitation of the nuisances subject to this chapter.
E. Toilet Or Sewer Facilities: All toilet or sewer facilities shall be constructed and maintained in accordance with the requirements of the State. All such facilities that do not comply with such provisions are hereby declared to be a nuisance and are subject to abatement as herein prescribed.
F. Restrictions On Blocking Water:
1. It shall be unlawful for any person or persons to permit any drainage system, canal, ditch, conduit or other watercourse of any kind or nature, natural or artificial, to become so obstructed as to cause the water to back up and overflow therefrom, or to become unsanitary.
2. Maintenance of any such watercourse in such conditions shall constitute a nuisance and the same shall be subject to abatement.
G. Attractive Nuisances, Generally: Any vacant lot or open area of ground within which any of the following conditions occur and to which the public, and particularly children, have access is termed an "attractive nuisance" and are required to be abated:
1. Ponding or impounding of water.
2. Open pits, shafts, caves, ditches or dilapidated unoccupied buildings.
3. Weeds, noxious or otherwise, or overgrown vegetation.
4. Trash, debris or garbage.
5. Heavy equipment or machinery. (Ord. 2018-08, 9-4-2018)