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It shall be unlawful for any person to cause, harbor, commit, or maintain, or to suffer to be caused, harbored, committed, or maintained, any nuisance as defined by the statute or common law of this state or as defined by this code or other ordinance of the city at any place within the city or at any place within the area surrounding the city and within one-half mile of the city limits.
(Prior Code, § 16-2) Penalty, see § 92.99
(A) The following acts when committed, or conditions when existing, within the city or within the area surrounding the city and within one-half mile of the city limits are hereby defined and declared to be nuisances.
(1) An act done or committed or aided or assisted to be done or committed by any person, or any substance, being, or thing kept, maintained, placed, or found in or upon any public or private place, which is injurious or dangerous to the public health or safety;
(2) All buildings, bridges, or other structures of whatever character kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious, or annoying to the public;
(3) All trees and other appendages of or to realty kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious, or annoying to the public;
(4) All ponds or pools of stagnant water, and all foul or dirty water or liquid when discharged through any drain, pipe, or spout, or thrown into or upon any street, public place, or lot to the injury or annoyance of the public;
(5) All obstructions caused or permitted on any street or sidewalk to the danger or annoyance of the public, and all stones, rubbish, dirt, filth, slops, vegetable matter, or other article thrown or placed by any person on or in any street, sidewalk, or other public place, which in any way may cause any injury or annoyance to the public;
(6) All sidewalks, gutters, or curbstones permitted to remain in an unsafe condition, or out of repair;
(7) All stables, cattle yards, hog, sheep, or cow pens or other places where animals are kept or yards for poultry, permitted by the owner thereof or the person responsible therefor to be in such a condition as to become offensive, annoying, or injurious to the public;
(8) All houses or buildings used for special storage of powder, dynamite, or other explosive substances, except those maintained pursuant to permit issued by competent authority;
(9) Any litter, trash, garbage, or refuse, or any abandoned unlicensed motor vehicle or any part thereof which is or may be offensive to the neighborhood or citizens generally; and
(10) Any offensive or unwholesome substance or growth of grass, weeds, or brush upon any lot or parcel of ground within the city or within the area surrounding the city and within one-half mile of the city limits.
(B) The nuisances described in this section shall not be construed as exclusive, and any act of commission or omission and any condition which constitutes a nuisance by statute or common law of the state is, when committed, omitted, or existing within the city or within the area surrounding the city and within one-half mile of the city limits is hereby declared to constitute a nuisance.
(Prior Code, § 16-3)
(A) No person owning or in possession of any lot, house, building, or enclosure shall allow or suffer to exist in or upon such premises any stagnant water, animal or vegetable matter, or other substance liable to become putrid, offensive, annoying, or unhealthy.
(B) Persons owning or in possession of any real estate shall provide proper and adequate drainage therefor so that no offensive, baneful, or disagreeable liquids shall flow or seep into any street.
(C) Any violation of this section is hereby declared to be a nuisance.
(Prior Code, § 16-4)
ABATEMENT
It shall be the duty of the Chief of Police to cause inspections to be made from time to time of all portions of the city and the area surrounding the city and within one-half mile of the city limits to determine whether any condition exists or activity is being practiced which constitutes a nuisance; and he or she shall cause an investigation to be made upon complaint made by any responsible person.
(Prior Code, § 16-5)
Charter reference:
As to extraterritorial jurisdiction of city for police and criminal purposes, see Charter § 31
Authority to abate or compel the abatement of nuisances, see Charter § 30
Statutory reference:
As to extraterritorial jurisdiction of city, see W. Va. Code 8-12-5(43) and 8-12-19
Authority to abate a public nuisance, see W. Va. Code 8-12-5(23)
(A) Police officers, Fire Department officers, and public health officers shall have the right to enter upon private premises for the purposes specified in § 92.15, upon compliance with all applicable provisions of law.
(B) Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance, and in any case it shall be unlawful for any owner or occupant to prevent such entry which is sought to be made in compliance with law.
(Prior Code, § 16-6) Penalty, see § 92.99
If at any time the Chief of Police shall find that an activity or practice which constitutes a nuisance is occurring within the city or within the area surrounding the city and within one-half mile of the city limits, he or she shall promptly and by the most expeditious means notify the violator to cease and desist forthwith.
(Prior Code, § 16-7)
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