This section defines "nuisance" by providing five (5) general definitions of what constitutes a nuisance (subsection A of this section), and then providing specific examples of situations, conduct or activities that constitute nuisances (subsection B 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 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.
A. 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:
1. Section 78-38-1(1): "Nuisance", as defined in Utah Code Annotated section 78-38-1(1). Anything which is injurious to health, indecent, offensive to the senses, or an obstruction of the free use of property, so as to interfere with the comfortable enjoyment of life or property.
2. Section 76-10-801: "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. Section 76-10-803: "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;
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;
d. In any way renders three (3) or more persons insecure in life or the use of property.
An act which affects three (3) or more persons 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 Conditions: A condition which:
a. Wrongfully annoys, 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: Anything specifically listed as a nuisance in subsection B of this section.
B. 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 in subsection A of this section, shall also constitute a nuisance. The first six (6) listed nuisances are also listed as nuisances pursuant to Utah Code Annotated section 78-38-9.
1. Drug Houses: Every building or premises where the unlawful sale, manufacture, service, storage, distribution, dispensing or acquisition of any controlled substance, precursor or analog specified in Utah Code Annotated title 57, chapter 37 (Utah controlled substance act) occurs.
2. Gambling: Every building or premises where gambling is permitted to be played, conducted or dealt upon as prohibited in Utah Code Annotated title 76, chapter 10, part 11 (gambling), which creates the conditions of a "nuisance", as defined in subsection A1 of this section.
3. Gangs: Every building or premises wherein criminal activity is committed in concert with two (2) or more persons, as provided in Utah Code Annotated section 76-3-203.1.
4. Party Houses: Every building or premises where parties occur frequently which create the conditions of a "nuisance", as defined in subsection A1 of this section.
5. Prostitution: Every building or premises where prostitution or the promotion of prostitution is regularly carried on by one or more persons, as provided in Utah Code Annotated title 76, chapter 10, part 13 (prostitution).
6. Weapons: Every building or premises where a violation of Utah Code Annotated title 76, chapter 10, part 5 (weapons), occurs on the premises.
7. Unsafe Condition: A condition that unreasonably or unlawfully affects the health or safety of one or more persons.
8. Fire Hazard: A fire hazard.
9. Noxious Emanations: Emanation of noxious or unreasonable odors, fumes, gas, smoke, soot or cinders.
10. Noxious Weeds 1 : Noxious weeds located on vacant lots or other property, along public sidewalks or the outer edge of any public street, or weeds in any other location which constitute a fire hazard.
11. Refuse: Keeping or storing of any refuse or waste matter which interferes with the reasonable enjoyment of nearby property.
12. Stagnant Water: Polluted or stagnant water which constitutes an unhealthy or unsafe condition.
13. Improper Accumulations: Accumulation of soil, litter, debris, plant trimmings or trash, visible from the street or an adjoining property.
14. Accumulation Of Junk 2 : Accumulation of used or damaged lumber; junk; salvage materials; abandoned, discarded or unused furniture; stoves, sinks, toilets, cabinets or other fixtures or equipment stored so as to be visible from a public street, alley or adjoining property. However, nothing herein shall preclude the placement of stacked firewood for personal noncommercial use on the premises.
15. Attractive Nuisances 3 : 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.
16. 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.
17. Dust: Any premises which causes excessive dust due to lack of landscaping, nonmaintenance or other cause.
18. Improper Storage: The keeping, storing, depositing or accumulating on the premises or in the public right of way for an unreasonable period of time dirt, sand, gravel, concrete or other similar materials, or maintenance of such material on public rights of way. Material stored as part of an active construction project shall not be considered a nuisance.
19. Removal Of Garbage Receptacles 4 : The leaving of any garbage can or refuse container in the street, other than on collection day, for more than twenty four (24) hours after the collection day.
20. 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.
21. Improper Sign: Improper maintenance of a sign; or signs which advertise a business that is no longer extant on the property.
22. Improper Parking Or Storage:
a. Parking or storage of inoperative, unregistered, abandoned, wrecked or dismantled vehicles, boats, trailers or vehicle parts, including recreational vehicles, on a premises or in the public right of way 1 . Storage or parking that is specifically allowed by the city's zoning ordinance shall not be considered a nuisance.
b. Parking or storage of registered vehicles, trailers or boats in violation of city ordinance.
23. Hazardous Conditions: Any wall, sign, fence, gate, hedge or structure maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property.
24. Graffiti: Graffiti which remains on the exterior of any building, fence, sign or other structure and is visible from a public street.
25. Dangerous Buildings: 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 six (6) 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, peeling or chalking, 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.
26. City Code Nuisances: Any violation of a city code section that expressly declares a specific situation, conduct or activity to be a nuisance.
27. Alcohol: Every property or premises not licensed under applicable state law or city ordinance where any intoxicating liquors or alcohol are kept for unlawful use, sale or distribution.
28. Disorderly House Or Premises: Every property or premises where there exists an environment which causes, encourages or allows individuals or groups of individuals to commit one or more of the following acts on the property, premises or adjacent public place, including, but not limited to:
a. Illegally consuming intoxicating liquor or alcohol;
b. Publicly urinating or defecating;
c. By physical action, intentionally causing or attempting to cause another person to reasonably fear imminent bodily injury or the commission of a criminal act upon their person or upon property in their immediate possession;
d. Engaging in acts of violence, including fighting amongst themselves;
e. Discharging a firearm or explosive in violation of city ordinance or state law 1 ;
f. Creating unreasonable noise which disturbs others;
g. Intentionally obstructing pedestrian or vehicular traffic; or
h. Soliciting acts of prostitution.
29. Dangerous Conditions: Any fence, wall, shed, deck, house, garage, building, structure or any part of the aforesaid; or any tree pole or smokestack; or any excavation, hole, 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.
30. Illegal Accessory Apartments: Any violation of the city's accessory apartment ordinance.
31. Single-Family Residence: Keeping or allowing people at a premises in violation of the city's single-family residence requirements.
32. Parking On Landscaping: Parking in an area required to be landscaped by city ordinance.
33. Banner Signs: Keeping or allowing banner signs in violation of city ordinance.
34. Required Landscaping: Failure to install or maintain landscaping required by city ordinance. (Ord. 2002-7, 4-16-2002)
Notes
| 1 | 1. See also chapter 4 of this title. |
| 2 | 2. See also subsection 4-4-2C of this title. |
| 3 | 3. See also section 4-8-1 of this title. |
| 4 | 4. See also section 4-2-13 of this title. |
| 1 | 1. See also subsection 4-4-2B of this title. |
| 1 | 1. See also title 5, chapter 4 of this code. |