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(A) (1) The City Council hereby finds and declares the accumulation and/or storage of anything which is injurious to health or 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 of another, or that unlawfully obstructs the free passage or use, in the customary manner, of any navigable waterway or any public park, square, street, or highway, including, but not limited to weeds; partially dismantled buildings; abandoned, wrecked, dismantled or inoperative vehicles; machinery; trailers; or parts thereof, on public property, or on private, non-permitted, premises is hereby declared to:
(a) Create a condition tending to reduce the value of private property;
(b) Promote blight and deterioration;
(c) Invite criminal activity;
(d) Create fire hazards;
(e) Constitute an attractive nuisance creating a hazard to the health and safety of individuals;
(f) Create a harbor for rodents and insects potentially injurious to the health, safety and general welfare; and
(g) Create an injurious or physically offensive condition which interferes with the comfortable enjoyment of property of another by maintaining junk, trash, debris or salvage materials which are visible from a public street, alley or adjoining property.
(2) Therefore, the presence of such items as may constitute a nuisance on public property, including public rights-of-way, or on private, non-permitted, premises except as allowed under other city, state or federal law, is hereby declared to constitute a nuisance, which may be abated or addressed in accordance with the provisions of this part.
(B) Nothing that is done or maintained under the express authority of a statute may be deemed a public or private nuisance.
(C) An agricultural or farming operation, a place, an establishment, or a facility or any of its appurtenances or the operation of those things is not or does not become a public or private nuisance because of its normal operation as a result of changed residential or commercial conditions in or around its locality if the agricultural or farming operation, place, establishment or facility has been in operation longer than the complaining resident has been in possession or commercial establishment has been in operation.
(Ord. 374, passed 3-3-2020)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATEMENT. The removal, stoppage or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying, or removing it.
COMPONENT PART. Any identifiable part of a discarded, ruined, wrecked or dismantled vehicle, including, but not limited to, fenders, doors, hoods, engine blocks, motor parts, transmissions, frames, axles, wheels, tires and passenger compartment fixtures.
JUNK MOBILE HOME. A mobile home (as defined in M.C.A. § 15-24-201) which is wrecked, ruined, dismantled or abandoned and is no longer fit for human habitation, and includes any camper (as defined in M.C.A. § 61-1-101(6)(a)).
JUNK NON-MOTORIZED VEHICLE. An inoperative vehicle that is not constructed with a motor and that it is discarded, ruined, wrecked or dismantled.
JUNK VEHICLE. A motor vehicle, including component parts, which is discarded, ruined, wrecked or dismantled, and is not lawfully and validly licensed and remains inoperative or incapable of being driven. It includes a vehicle permanently registered by the state and which meets the criteria for a JUNK VEHICLE.
(See M.C.A. § 75-10-501.)
MOTOR VEHICLE WRECKING FACILITY.
(1) Means:
(a) A facility buying, selling or dealing in four or more vehicles a year, of a type required to be licensed, for the purpose of wrecking, dismantling, disassembling or substantially changing the form of the motor vehicle; or
(b) A facility that buys or sells component parts, in whole or in part, and deals in secondhand motor vehicle parts. (See M.C.A. § 75-10-501.)
(2) The term does not include a garage where wrecked or disabled motor vehicles are temporarily stored for a reasonable period of time for inspection, repairs or subsequent removal to a junkyard.
NAVIGABLE WATERWAY. Any lake, river, bay, stream, canal or basin.
NUISANCE. An activity or physical condition which is offensive to the senses or interferes with another person’s reasonable use and enjoyment of life or property.
OWNER. The owner of record or any person with legal, financial or equitable interest in the property on which the alleged public nuisance exists at the time of the violation.
PROPERTY. Any real property, premises, structure or location on which a public nuisance is alleged to exist.
PUBLIC NUISANCE.
(1) Means, but is not limited to, 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, pit, basement, cellar, sidewalk subspace, 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; and
(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.
PUBLIC ROAD. Any publicly owned or maintained highway, street, road or alley.
PUBLIC VIEW. As used in this chapter, means any point six feet above the surface of the center of a public road from which a junk vehicle can be seen.
SAFE CONDITION. A condition not involving or likely to involve danger, harm or loss from fire and other hazards.
SHIELDING. The construction or use of fencing or constructed or natural barriers to conceal junk vehicles from public view.
SUMMARY ABATEMENT. Abatement of the nuisance by the City, or a contractor employed by the City, by removal, repair or other acts without notice to the owner, agent or occupant of the property except for the notice required by this chapter.
VALID BUSINESS ENTERPRISE. A business with a license issued by the state or the City authorizing it to conduct business, and includes, but is not limited to, any garage or repair shop, towing facility or body shop.
(Ord. 374, passed 3-3-2020)
(A) The following are declared to be public nuisances:
(1) Any building or structure which meets the definition of an unsafe building or structure as provided in § 116 of the International Building Code, or any successor provision, adopted or as may be adopted by this code;
(2) Any violation of or relating to the city’s subdivision and zoning laws and regulations; and
(3) Any imminent life safety hazard which creates a present and immediate danger to life, property, health or public safety.
(B) The following may be declared to be public nuisances:
(1) Any condition which constitutes an attractive nuisance whether within a structure or on the premises;
(2) Any building or place which has been operated or maintained in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace, public drunkenness, drinking in public, harassment of passersby, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, illegal parking, loud noises (particularly in late night or early morning hours), traffic violations, or law enforcement detentions and arrests;
(3) Any condition which renders air, food or drink unwholesome, unsanitary or detrimental to health;
(4) Any condition which poses a fire hazard;
(5) Any condition in violation of Title 5, Ch. 2 (Animal Control) of this code;
(6) The ownership, maintenance or operation of a dog or animal kennel without proper provisions for the protection of the surrounding properties from odor and sound generated by the kennel;
(7) The keeping, storage, depositing or accumulation on the premises for an unreasonable period of time of any personal property or wastes, including, but not limited to, abandoned, wrecked, dismantled or inoperative vehicles, abandoned, wrecked or dismantled boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish, debris, dirt, sand, gravel, concrete or other similar materials which is within the view of persons on adjacent or nearby real property or the public right-of-way and which is detrimental to the public health, safety and general welfare. However, building materials being used or to be used for a project of repair or renovation for which a building/land use permit has been obtained may be stored for such period of time as is necessary to expeditiously complete the project; and
(8) Any public nuisance as defined in M.C.A. § 45-8-111 or otherwise recognized in law as constituting a public nuisance.
(Ord. 374, passed 3-3-2020)
(A) It is unlawful to park, store, leave or permit parking or storing of any licensed or unlicensed motor vehicle of any kind, or the parts thereof, on a City street or alley under the following conditions:
(1) When a vehicle has been parked for longer than five days;
(2) When a vehicle is otherwise deemed to be an abandoned vehicle under this section; and
(3) When a vehicle is deemed to be a salvage vehicle and is: wrecked, rusted, junked, partially dismantled, or otherwise rendered inoperative or unsafe, and the vehicle is not attended.
(B) It is unlawful to park, store, leave or permit parking or storing of any licensed or unlicensed motor vehicle of any kind, or the parts thereof, upon any public highway property for a period longer than 48 hours or private property within the City limits for longer than five days, when the vehicle is: wrecked, rusted, junked, partially dismantled, or otherwise rendered inoperative or unsafe, and the vehicle is not attended, unless the vehicle is stored in a completely enclosed building or fenced area screening the storage from public view.
(C) Vehicles which are stored in connection with a motor vehicle wrecking facility lawfully situated and licensed for the same may be exempt from the above provided the vehicles are not stored on a City street or alley, not parked or stored on property contiguous to a City street or alley not screened from public view, and are otherwise parked lawfully for less than five days, and are not impeding traffic.
(D) Vehicles stored in conjunction with a valid business enterprise awaiting parts for a specific repair may be exempt from the above provided the vehicles are otherwise validly licensed, do not meet the definition of junk or salvage vehicle, and can be moved to another location upon request.
(E) The accumulation and storage of two or more vehicles, or part(s) thereof, over a period of time, on private property within the City without a valid permit for such accumulation and storage as a motor vehicle wrecking facility or another valid business enterprise shall constitute a nuisance, which is deemed detrimental to the health, safety and welfare of inhabitants of the City.
(1) The removal of the vehicle, or part(s) of the vehicle, shall be the joint and several duty of the registered owner of the vehicle, the owner of the private property, and/or the lessee or other person in possession of the private property where the vehicle or part(s) are located.
(2) The removal shall be to a location outside the City limits or to a building or lot, properly fenced or screened from public view, where the vehicle or part(s) will not be visible or accessible from the street.
(F) All junk vehicles of any type must be shielded from public view.
(G) (1) Abandonment of a vehicle on a public highway, city street, public or private property creates a prima facie presumption the last registered owner of the vehicle is responsible for the abandonment and is liable for the costs incurred in removing, storing, and disposing of the vehicle, less the amount realized if the vehicle is sold.
(2) Filing a theft report with a law enforcement agency prior to the abandonment relieves the last-registered owner of liability under this part.
(H) The enforcement, removal, notice and appeal requirements applicable to abandoned or salvage vehicles may be found in Title 10, Ch. 3 of this code.
(Ord. 374, passed 3-3-2020)
Any person who creates or maintains any nuisance, or causes the same to exist, or any person who knowingly permits a nuisance to be created, maintained or to exist on premises owned by that person or under that person’s control of the owner or the occupant, lessee or holder of the property, shall be liable, jointly or severally, as may be determined. The liability for costs shall include any costs incurred as a result of the owner or agent of the owner refusing access to the City or an agent of the City for purposes of inspection of the alleged nuisance to determine the existence of a nuisance and whether it constitutes a violation. Any fines, fees or costs which require collection may be subject to all costs of collection, including attorney fees, or may be the subject of a lien on the property where the nuisance was situated.
(1985 Code, § 7.02.020) (Ord. 374, passed 3-3-2020)
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