A. Purpose: This section defines "nuisance" by providing five (5) general definitions of what constitutes a nuisance (subsection B of this section), and then providing specific examples of situations, conduct or activities that constitute nuisances (subsection C 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 Utah 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.
B. 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 of Taylorsville:
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 to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
2. Nuisance As Defined In Utah Code Annotated Section 76-10-801: Any item, thing, manner, or condition whatsoever that it is dangerous to human life or health or renders soil, air, water, or food impure or unwholesome.
3. 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, at separate and distinct addresses in the affected neighborhood of the city;
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; or
d. In any way renders three (3) or more persons, at separate and distinct addresses in the affected neighborhood of the city, insecure in life or the use of property.
An act which affects three (3) or more persons, at three (3) separate and distinct addresses in the affected neighborhood of the city, 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: 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 Listed In Subsection C Of This Section: Anything specifically listed as a nuisance in subsection C of this section.
C. 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 above, 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 title 58, chapter 37 of the Utah code controlled substances act occurs.
2. Gambling: Every building or premises where gambling is permitted to be played, conducted, or dealt upon as prohibited in title 76, chapter 10, part 11 of the Utah code (gambling) which creates the conditions of a nuisance as defined in Utah Code Annotated section 78-38-1(2)(b).
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 Utah Code Annotated section 78-38-1(1).
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 title 76, chapter 10, part 13 (prostitution) of the Utah code.
6. Weapons: Every building or premises where a violation of title 76, chapter 10, part 5 (weapons) of the Utah code 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: 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, that constitutes a health or safety hazard.
14. Accumulation Of Junk: Accumulation of used or damaged lumber; inoperable vehicles; junk; scrap metal; machinery or machinery parts; salvage materials; abandoned, discarded or unused furniture; stoves, sinks, toilets, boxes, barrels, bottles, cans, containers, cold storage appliances, cabinets, or other fixtures or equipment stored. However, nothing herein shall preclude the placement of stacked firewood for personal noncommercial use on the premises.
15. Attractive Nuisances: 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 construction, 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. Garbage Can Or Containers: The leaving of any garbage can or refuse container in the street, other than on collection day, or for more than twelve (12) hours before or after the collection day, or the use of worn out, rusted or filthy garbage containers.
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. 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.
23. Graffiti: Graffiti which remains on the exterior of any building, fence, sign, or other structure and is visible from a public street.
24. Improper Maintenance: 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.
25. City Code Nuisances: Any violation of this code that expressly declares a specific situation, conduct or activity to be a nuisance.
26. 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.
27. Inappropriate Conduct: 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, and/or drugs;
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;
f. Creating unreasonable noise which disturbs others;
g. Intentionally obstructing pedestrian or vehicular traffic; or
h. Soliciting acts of prostitution.
28. Dangerous Conditions: Any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, open well, 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.
29. Family: Keeping or allowing people at a premises in violation of the city's single-family residence and zoning requirements.
30. Parking On Landscaping: Parking in an area required to be landscaped by city ordinance.
31. Banner And Snipe Signs: Keeping or allowing banner and/or snipe signs in violation of city ordinance.
32. Required Landscaping: Failure to install or maintain landscaping required by city ordinance.
33. Fly Control: Any premises that contains any one of the following unsanitary conditions:
a. A privy, cesspool, sink, pit or like place that is not securely protected from flies;
b. Garbage that is not securely protected from flies; or
c. Vegetable waste, trash, litter, rags or refuse of any kind which flies may breed.
34. Habitat For Insects: Any condition that creates a habitat for mosquitoes or other harmful insects.
35. Weeds And Refuse: Any violation of chapter 9.28 of this title.
36. Rats: Accumulation of garbage or refuse that constitutes a health or safety hazard, consisting of waste, animals or vegetable matter upon which rats may feed.
37. Dead Animals: Any premises that contains any dead animals, animal parts, or animal matter of any kind, (excluding fertilizer) or any violation of section 8.32.160 of this code.
38. Public Nuisance Animal: Any animal that is considered to be a nuisance or a public nuisance animal as defined in title 8 of this code. (Ord. 04-11, 3-3-2004)