(a) Authority. This article is adopted pursuant to the authority granted to West Virginia municipalities through W.Va. Code Chapter 8.
(b) Purposes. It is the intent of this article to encourage a clean, healthy and satisfying environment for its citizens, one free from nuisances, eyesores, unhealthy or devaluating conditions. To these ends, this article seeks to regulate, identify and provide a means to enforce the regulations, to protect the health, safety and welfare of residents and property owners.
(c) Enactment. For the purposes cited above and for the general purposes of promoting the health, safety and general welfare of the city, Council does hereby ordain, adopt and enact this article in its entirety, including text, and all regulations, all of which shall be known as the city’s “Nuisance Ordinance”. This article shall apply to all land within the corporate limits of the city.
(d) Conflicting ordinances. All ordinances or parts of ordinances in conflict with this article or inconsistent with its provisions, specifically including previous ordinances of the city or amendments thereto, are hereby repealed or superseded to the extent necessary to give this article full force and effort.
(e) Separability. Should any provision of this article be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect this article as a whole or any part hereof except that specific provision which was the subject of the declaration.
(f) Inclusions. Current sections in Part Three and Part Eleven of the codified ordinances for the city, that will remain in effect and incorporated into this article are as follows:
Article 505.00 through 545.00 | General Offense Code |
Article 505.00 | Articles —Animals and —Dogs, |
Article 509.00 | Disorderly conduct renumbered to Chapter — 1109.07 |
Article 537.00 | General Health Regulations renumbered to Chapter — and 1107 |
Article 517.00 | Other General Nuisances renumbered to Chapter 1109.08 |
Article 1105 | Garbage and Refuse |
Article 1109 | Nuisance |
Section 347.04 | Loads Dropping or Leaking |
Section 361.07(a), (b) | Abandoned and Junk Vehicles |
(g) Definitions. For the purposes of this article, the word “nuisance” is hereby defined as any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(1) Injures or endangers the welfare, health or safety of others;
(2) Offends decency;
(3) Creates offensive odors;
(4) Unlawfully interferes with, obstruct or tends to obstruct or renders dangerous for passage on any public or private street, highway, sidewalk, stream, ditch or drainage;
(5) In any way renders other persons insecure in life or the use of property; or
(6) Essentially interfaces with the comfortable enjoyment of life and property, or tends to depreciate the value of property of others.
(h) Illustrative enumeration. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(1) Weeds or vegetation allowed to grow to a height greater than 12 inches on the average, or any accumulation of dead weeds, grass or brush, on any occupied or unoccupied lot or land, that may provide safe harborage for rats, mice, snakes and other vermin;
(2) Accumulation of rubbish, trash, refuse junk, and other abandoned materials, metals, lumber or other things;
(3) The carcasses of animals or fowl not disposed of within a reasonable time after death;
(4) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;
(5) All noises which may annoy or permit others in their enjoyment of the use of their property;
(6) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other cause which give rise to the emission or generation of such odors and stenches, including smoke and fires;
(7) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances;
(8) Any building, structure or other place or location where any activity which is in violation of local or state law, or federal law is conducted, performed or maintained;
(9) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground; and
(10) Any methods of human excreta disposal which does not conform to the provisions of this code, state law or city ordinance, rule or regulation.
(i) Prohibited. It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance.
(j) Notice to abate. Whenever a nuisance is found to exist within the city or within the city’s extraterritorial jurisdiction, the City Manager or his or her assigns shall give written notice to the owner or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance.
(k) Contents of a notice. The notice to abate the nuisance issued under the provisions of this article shall contain:
(1) An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances;
(2) The location of the nuisance, if the same is stationary;
(3) A description of what constitutes the nuisance;
(4) A statement of acts necessary to abate the nuisance; and
(5) A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the city will abate such nuisance and assess the cost thereof against such person. The opportunity for a hearing with the City Manager and/or City Attorney shall be granted upon written request, properly delivered to the City Manager within the allotted time.
(l) Service of notice. The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law.
(m) Abatement by city. Upon completion of the abatement of any nuisance by the city under the provisions of this article, the Police Department shall deliver to the City Clerk a statement including the costs of labor, hauling or other necessary items of expense for such abatement. The City Clerk shall thereupon mail to the owner of the lot a bill covering the cost. The amount of the bill shall become a lien upon such property and if not paid within 30 days shall be collected in the same manner as provided for the collection of delinquent taxes.
(n) Criminal liability. Violations of this article shall constitute a criminal liability. The procedure set forth in this article shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances and this article shall not prevent the city from proceeding in a criminal action against any person. In addition, violators shall be civilly liable for costs incurred by the city to abate said nuisances.
(o) The sections of this article and subsequent articles of Part 8 of this code for the city will become effective as of the date of passage.
(Ord. passed 8-23-1989)