Chapter 8.05 NUISANCES

Anything which is injurious to the health or morals, or indecent 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 is declared a nuisance and as such shall be abated. [Ord. 227 § 1, 1973. Code 1999 § 10-1-1].

8.05.020 County health department powers.

The county health department has the full power to take all measures necessary to promote health and cleanliness; to abate all nuisances of every description on public and private property; to prevent the introduction or spreading within the town of malignant, contagious and infectious diseases; and to remove, detain, isolate or quarantine any person or persons attacked by or having any such disease, or having been exposed thereto; to promulgate such rules and regulations as may be necessary to perform its functions. The county health department shall have the authority to enforce such rules of the health department of the state as are applicable to particular situations. [Ord. 227 § 2, 1973. Code 1999 § 10-1-2].

8.05.030 Notice to abate.

(a) Any state of things prohibited by this chapter shall be deemed a nuisance and any person who shall hereafter make or cause such nuisance to exist shall be deemed the author thereof; provided, that any person who shall have possession or control of any private ground or premises, whether he is owner thereof or not, in or upon which any nuisance shall exist or may be found, whether such nuisance has been heretofore created, shall be deemed guilty of a separate offense, as the author of a nuisance, for every period of 24 hours’ continuance of such nuisance after due notice has been given to abate the same.

(b) Notice. Any law enforcement officer or the town’s code enforcement officer is hereby authorized to investigate any property within the town which appears to be in violation of this chapter. If, after an investigation or inspection there is probable cause to believe that a violation of this chapter has occurred or exists, the person making the investigation shall send a notice of said violation by certified mail, post on property, or hand in person to the owner, purported owner, or occupant of the premises on which such violation is located, advising such person of the violation and ordering compliance or removal of the nuisance within the time period specified in the notice, such time period being no less than 24 hours and no more than 30 days from the date the notice is received by such party. Such time is based on the officer’s reasonable discretion and may be extended where circumstances warrant such extension. [Ord. 943 § 4, 2020. Code 1999 § 10-1-3].

8.05.040 Summons and complaint.

In the event that any violation of this chapter within or upon any private premises or grounds is not abated within the time period indicated in the notice herein provided, the owner, purported owner, occupant, renter, lessee or person in charge or in control of the property may be issued a summons and complaint against that person and/or property for noncompliance. [Ord. 943 § 5, 2020].

8.05.050 Abatement without notice.

In case of any such nuisance in or upon any street, avenue, alley, sidewalk, highway or public grounds in the town, any law enforcement officer or the town’s code enforcement officer (town manager or other designated person) may abate the same forthwith without such notice given. [Code 1999 § 10-1-5].

8.05.060 Assistance to abate authorized.

Any officer who shall be duly authorized to abate any nuisance specified in this chapter shall have authority to engage the necessary assistance and to incur the necessary expenses thereof. [Ord. 227 § 6, 1973. Code 1999 § 10-1-6].

8.05.070 Recovery of expenses.

The expense, including reasonable attorney’s fees, incurred by the town in abating any nuisance may be recovered from the creator thereof, by proper action. [Ord. 227 § 7, 1973. Code 1999 § 10-1-7].

8.05.080 Authority to enter on property.

The mayor, any law enforcement officer for the town of Granby or the town’s code enforcement officer (town manager or other designated person), trustees, or any other persons who may be directed or deputized by the board of trustees may enter upon or into any lot, house or other building or premises, with proper respect for the occupant’s constitutional rights, to examine the same and to ascertain whether any such nuisance exists, and shall be free from any action or liability on account thereof. [Code 1999 § 10-1-8].

8.05.090 Discharge of nauseous liquids.

It shall be unlawful to discharge out of or from, or permit to flow from, any house or place, foul or nauseous liquid or substance of any kind whatsoever, into or upon any adjacent ground or lot, or into any street, alley or public place in the town. [Ord. 227 § 10, 1973. Code 1999 § 10-1-9].

8.05.100 Stale matter.

It shall be unlawful to keep, collect or use, or cause to be kept, collected or used in this town, any stale, putrid or stinking fat or grease or other matter. [Ord. 227 § 11, 1973. Code 1999 § 10-1-10].

8.05.110 Storm water and sewer inlet.

(a) It shall be unlawful to deposit in or throw into any sewer, sewer inlet or privy vault that shall have a sewer connection any article whatsoever that might cause such sewer, sewer inlet or privy vault to become nauseous or offensive to others or injurious to public health.

(b) It shall be unlawful for any person to make, conduct, engage in or knowingly permit a discharge of hazardous materials into the town’s storm drains, ditch, or gutter system. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, have the potential to cause or significantly contribute to, a present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Without limitation, the dumping or discharge of drain sewage or petroleum products, dump refuse or waste from any trailer or other vehicle except in places or receptacles provided for that purpose, shall constitute a violation of this section. [Ord. 943 § 6, 2020; Ord. 227 § 12, 1973. Code 1999 § 10-1-11].

8.05.120 Stagnant ponds.

Any cellar, vault, drain, sewer, pond of water, or other place, upon or within any private premises or grounds in this town, that shall be nauseous or offensive to others, or injurious to public health through an accumulation or deposition of nauseous, offensive or foul water, or other substances, shall be deemed a nuisance. This applies in all cases for which no other specific provisions are made in this chapter, code or any other ordinance of the town. [Ord. 227 § 13, 1973. Code 1999 § 10-1-12].

8.05.130 Open wells, cisterns or excavations.

It is hereby declared that excavations exceeding five feet in depth, cisterns and wells or an excavation used for storage of water, are public nuisances unless the same are adequately covered with a locked lid or other covering weighing at least 60 pounds or are securely fenced with a solid fence to the height of at least five feet, and it shall be unlawful for any person to permit such nuisance to remain on premises owned or occupied by him. [Ord. 227 § 14, 1973. Code 1999 § 10-1-13].

8.05.140 Noise-making devices to attract children.

The use of bells, whistles, sirens, music horns or any other noise-making devices for the purpose of attracting children or minors to any vehicle upon the streets, highways, rights-of-way, alleys or public ways of the town for the purpose of selling, distributing or giving away any product whatsoever to such minors is hereby declared to be a public nuisance and hazard, and is expressly prohibited and shall be unlawful, excepting such activities carried on as part of duly authorized public parades or processions. [Ord. 227 § 15, 1973. Code 1999 § 10-1-14].

8.05.150 Handbills, posters and placards.

Any handbill, poster, placard or painted or printed matter which shall be stuck, posted or pasted upon any public or private house, store or other building, or upon any fence, power pole, telephone pole or other structure without the permission of the owner, agent or occupant of the house, shall be deemed a nuisance. [Ord. 227 § 16, 1973. Code 1999 § 10-1-15].

8.05.160 Storage of flammable liquids.

It shall be unlawful to store or cause to be stored or parked any tank vehicle carrying flammable liquids or gases upon any streets, ways or avenues of the town, or in any other part of the town of Granby for a period of time in excess of 12 hours. [Ord. 227 § 17, 1973. Code 1999 § 10-1-16].

8.05.170 Location of tanks for storage of flammable liquids and gases.

It shall be unlawful to have an exposed tank or other structure for the storage of flammable liquids or gases within the town of Granby except:

(a) Propane tanks may be stored any place within the town limits, so long as the tanks used for such storage satisfy all applicable federal, state, local and other governmental regulations and safety requirements.

(b) Other flammable liquids and gases may be stored within the industrial district, provided such storage tanks are less than 6,001 gallons in size; provided, that storage tanks are double-walled or that the site is designed to prevent ground water contamination if spillage occurs, when highly visible to the public are adequately screened from the public view, and comply with all applicable federal, state, local and other governmental regulations and safety requirements.

(c) Flammable liquid and gas storage within the industrial district must acquire a permit issued by the town of Granby board of trustees; provided, that the board at its option may have the town engineer review the tank, containment, site and placement prior to the issuance of a permit. [Ord. 708 § 1, 2008; Ord. 655 § 1, 2006; Ord. 489 § 1, 1999. Code 1999 § 10-1-17].

8.05.180 Broken glass, nails, dangerous substances on streets and sidewalks.

It shall be unlawful for any person to throw or deposit or cause to be thrown or deposited on any street, alley, sidewalk or other public way any broken glass, broken crockery, nails or any other dangerous substance. [Ord. 227 § 19, 1973. Code 1999 § 10-1-18].

8.05.190 Abandoned containers, wells or cisterns.

It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, structure or dwelling under his control, in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container which has a door or lid, snap lock or other locking device, which cannot be released from the inside without removing said door or lid, snap lock or other locking device. [Ord. 227 § 20, 1973. Code 1999 § 10-1-19].

8.05.200 Dangerous structures, houses and buildings.

It shall be unlawful to leave or permit to remain standing any unoccupied building, house or other structure which is in such a state of repair that it may collapse at any time or is in such a state of disrepair that it provides a hazard to children who may enter upon said premises. Indications of such a “state of disrepair” may be: all or some of the windows are out, providing easy access to children; the walls or roof may be falling in or in danger of so doing; the shingles may be falling off the roof or boards may be coming off the sides of the house; the building does not substantially comply with the standards set by the Granby building code; nails or other dangerous objects are protruding from the building; construction of a new building which is partially completed but has been abandoned for a period of three months without any reasonable explanation given to the board of trustees of the town of Granby. [Ord. 227 § 21, 1973. Code 1999 § 10-1-20].

8.05.210 Growth and accumulation of weeds on premises and adjoining sidewalks and alleys prohibited.

No owner of any lot, block or parcel of ground within the town, nor any tenant or agent in charge thereof, shall allow or permit weeds to grow or remain when grown on such lot, block or parcel of ground, or on or along any sidewalk adjoining the same, or in the alley behind the same, but such weeds shall be cut close to the ground and kept so cut. [Ord. 227 § 22, 1973. Code 1999 § 10-1-21].

8.05.220 Abatement by town.

If any owner, tenant or agent in charge shall fail to cut weeds, as required by this chapter, within five days after being notified to do so by the town’s law enforcement officer, code enforcement officer, town manager or other designated person by hand delivery or certified mail, the weeds may be cut by an employee or designee of the town and charge the cost thereof to such owner, tenant or agent in charge, together with 10 percent additional charge for inspection and other administration. [Ord. 943 § 7, 2020; Ord. 227 § 23, 1973. Code 1999 § 10-1-22].

8.05.230 Collection of costs of abatement by town.

In the event the weeds on any lot, block or parcel of ground, or along the sidewalk adjoining the same or the alley behind the same, are cut by the town or at the town’s direction, the whole cost of cutting such weeds, together with 10 percent for the inspection and administration, shall be paid to the town clerk within 30 days after mailing by the town clerk to the owner of such lot, block or parcel of ground, by certified mail, a notice of the assessment of such cost. [Ord. 943 § 8, 2020; Ord. 227 § 22, 1973. Code 1999 § 10-1-23].

8.05.240 Refuse, garbage and junk defined.

For the purposes of this chapter, the word “refuse” shall mean and include any grass clippings; leaves; hay; straw; manure; shavings; excelsior; paper; ashes; rubbish; containers; boxes; glass; cans; bottles; garbage; waste and discarded building and construction materials, including but not limited to plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire or metal building, sacks, or loose, discarded or unused material; all rubbish of any kind or nature whatsoever; and any other materials commonly known as rubbish or refuse of any kind or character or by any means known.

For the purpose of this chapter the word “garbage” shall mean organic refuse or rejected food wastes in the form of putrescible animal, poultry, fish, fruit or vegetable wastes resulting from the handling, preparation, cooking or consumption of foods, including animal, poultry or fish carcasses or parts thereof.

For the purposes of this chapter the word “junk” shall mean and include discarded, castoff materials of any kind or materials which are incapable of performing the function for which they were manufactured or intended, including, but not limited to, parts of vehicles, tires, machinery or parts of machines, wood, remnants of wood, trees, fence posts, scrap metal or any other material or other cast-off material of any kind, broken or unusable furniture, furnishings, recreational equipment, tools, or home appliances, or parts thereof. [Ord. 943 § 9, 2020; Ord. 227 § 25, 1973. Code 1999 § 10-1-24].

8.05.250 Accumulation of refuse, garbage, or junk prohibited and declared a nuisance.

Any accumulation of refuse, garbage, or junk on any premises, improved or unimproved, in the town is prohibited and is hereby declared to be a nuisance. [Ord. 943 § 10, 2020; Ord. 227 § 26, 1973. Code 1999 § 10-1-25].

8.05.260 Abatement of accumulation of refuse, garbage, or junk.

Whenever a town law enforcement officer, code enforcement officer, town manager or other town designee provides any owner of property, his agent or any person having charge of such property written notice requiring the removal of any accumulated refuse, garbage or junk from such property or premises, such action shall be taken within the time prescribed in the notice. If such property owner, agent or person having charge of such property shall not remove such refuse in accordance with the requirement of such notice, the board may order that such refuse, garbage, or junk be removed by an agent of the town and assess the cost thereof against the property or premises. [Ord. 943 § 11, 2020; Ord. 227 § 27, 1973. Code 1999 § 10-1-26].

8.05.270 Accumulation and deposit of garbage, dumping, etc., prohibited.

(a) No person shall deposit or place any garbage, rubbish, waste material or ashes in such a manner that the same is or tends to become a nuisance or in such a manner as endangers or tends to endanger the public health.

(b) No person having the occupancy, control or management of any premises shall cause or permit any garbage, waste material, rubbish or ashes to be accumulated thereon in such a manner that the same is or tends to become a nuisance or in such a manner as endangers or tends to endanger the public health.

(c) No person shall in any manner throw, place, scatter, deposit, dump, place, or bury any garbage, rubbish, waste materials, junk, refuse, junked vehicle or trailer, or ashes in or upon any public street, alley or other public place or upon his or her own premises or the premises of another.

(d) No person shall deposit or cause to be deposited any trash, refuse, garbage, or rubble in any receptacle designated or designed for the deposit of such materials without the express or implied consent of the owner of the receptacle or a person in possession and control of the property on which the receptacle is located. [Ord. 943 § 12, 2020; Ord. 828 § 1, 2015; Ord. 227 § 28, 1973. Code 1999 § 10-1-27].

8.05.280 Refuse not to be thrown in street, vacant lot, etc.

No hay, straw shavings, excelsior, paper or other combustible material, sod, lawn mowings, leaves, weeds, ashes, glass, bottles, broken glass, nails, tacks, wire, cans, rocks, stones or rubbish of any kind or nature whatsoever or any other refuse or material shall be thrown or swept into any street, sidewalk, gutter, sewer, intake, alley, vacant lot or other property. [Ord. 227 § 29, 1973. Code 1999 § 10-1-28].

8.05.290 Responsibility of owners, lessees, etc., for refuse on premises.

It shall be the duty of every person, whether owner, lessee or renter of any vacant lot, building or premises, including any place of business, hotel, restaurant, dwelling house, apartment, tenement or any other establishment, at all times to maintain the premises in a clean and orderly condition, permitting no deposit or accumulation of refuse or materials other than those ordinarily attendant upon the use for which such premises are legally intended. Any such accumulation shall constitute a nuisance, and shall be nonconforming in the use of such premises. [Ord. 227 § 30, 1973. Code 1999 § 10‑1‑29].

8.05.300 Building materials to be removed from construction sites.

All construction debris, including but not limited to plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire or metal binding, sacks, or loose, discarded or unused material of any kind, resulting from wrecking, constructing or reconstructing of any room, basement, wall, fence, sidewalk or building shall be promptly removed or discarded in such a manner as not to be scattered about by the wind or otherwise; and as soon as possible, be removed by the person responsible for such work. Such person shall be held liable for any scattering of such refuse upon adjacent property.

During construction property owners, contractors and construction workers shall maintain the construction site free of litter and debris and so that the premises are clean and orderly at all times. Construction materials shall be stored in an orderly manner and no construction materials or equipment shall be stored on or within any roadway, sidewalk or other town-owned right-of-way. Construction materials and waste must be removed within 30 days after the issuance of any certificate of occupancy for the property. [Ord. 943 § 13, 2020; Ord. 227 § 31, 1973. Code 1999 § 10‑1‑30].

8.05.310 Removal of refuse, junk, and garbage from commercial establishments.

(a) Auto Repair Service. Discarded automobile parts, tires, and fluid containers shall be removed periodically, but in any event no less often than every 60 days, from auto repair and auto service businesses by the occupant or owner.

(b) Vehicle and Watercraft Wash Facilities. Silt and similar deposits from automobile, vehicle, or watercraft wash facilities wash racks shall be removed to an appropriate location by the establishment creating such deposit.

(c) Restaurant Establishments. Aboveground grease or organic material containers shall be removed or emptied periodically, but in any event no less often than every 90 days, from restaurant establishments.

(d) Trades and Construction and Other Businesses. Discarded or unused construction material, scrap wood and remnants, metal and scrap metal, discarded or unused equipment and tools shall be removed periodically from such respective businesses. If outdoor storage is required items and materials must be organized and maintained.

(e) Hazardous Material. Any accumulation of refuse that is highly explosive or inflammable which might endanger life or property shall be removed to such places as approved by the Granby police department or the chief of the fire district, such removal to be handled by the establishments responsible therefor. [Ord. 943 § 14, 2020].

8.05.320 Accumulation and use of manure or animal waste.

(a) Other than a light spread of manure which may be applied on lawns or gardens for fertilizing purposes, manure shall not be kept on any property for any purpose, or kept in any place for later use, but shall be either plowed under or removed by the owner, occupant or agent.

(b) No owner of an animal or animals shall permit any accumulation of waste matter from the animal or animals to collect and remain on the property of the owner or occupant, as to cause or create an unhealthy, unsanitary, dangerous or offensive living condition or to cause the same to be infested with flies or insects or to create any noxious or offensive odors. [Ord. 943 § 15, 2020; Ord. 227 § 33, 1973. Code 1999 § 10-1-32].

8.05.330 Additional provisions.

The specifically enumerated provisions of this chapter are in no way intended to be exclusive, and anything declared a nuisance under GMC 8.05.010 shall be abated in accordance with the provisions contained herein. [Ord. 943 § 16, 2020; Ord. 227 § 34, 1973. Code 1999 § 10-1-33].

8.05.340 Property maintenance.

(a) It shall not be permitted to allow any property to deteriorate, either through abandonment or neglect, and become a nuisance that affects or has the potential to affect the amenity of a neighborhood or the safety, health and welfare of people in the neighborhood. It shall be the duty of the property owner and occupant at all times, to maintain the property.

(b) It shall constitute a nuisance for any property owner or occupant of any developed property zoned as or permitting residential to permit tall grass to grow on such property. For purposes of this subsection, “tall grass” means grass in excess of 24 inches in height with the exception of ornamental grasses. “Ornamental grasses” means those plants of the Gramineae family having ornamental value and commonly used in formal lawn landscapes.

(c) It shall constitute a nuisance for any property owner or occupant to accumulate, deposit, discard, scatter, store or maintain appliances, household furnishings or junk on the property in open view for more than three days.

(d) Tires. Except as permitted by GMC 8.05.300, it shall constitute a nuisance for any property owner or occupant to deposit, scatter or keep unusable tires in public view. Usable tires or seasonal tires must be stored inside a building or neatly stacked or stored on the sides of or rear of, and against part of a fixed building structure such as a garage or shed and must be covered with a tarp or other type of covering.

(e) Storage of Lumber and Construction Materials. Where a property owner or occupant of a property zoned residential stores lumber or other construction materials outside of a structure on said property, the lumber or other construction materials shall be organized, maintained, and covered or screened from public view. Failure to comply with this subsection shall constitute a nuisance. [Ord. 943 § 17, 2020].

8.05.350 Penalties.

Any person found in violation of any provision of this chapter may, after summons and complaint, be subject to a fine not exceeding the maximum penalty set forth in GMC 1.05.090. [Ord. 943 § 18, 2020].