Chapter 8.05
NUISANCES
Sections:
8.05.010 Nuisance in general – Definitions.
8.05.020 Illustrative enumeration.
8.05.050 Abandoned, wrecked, dismantled or inoperative motor vehicles.
8.05.060 Permits for restoration of motor vehicles.
Cross-reference: Penalty, VCMC 9.05.040.
8.05.010 Nuisance in general – Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Nuisance” means any person doing an unlawful act, omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
1. Injures or endangers the comfort, repose, health or safety of others;
2. Offends decency;
3. Is offensive to the senses;
4. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
5. In any way renders other persons insecure in life or the use of property; or
6. Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others. [Ord. 241 § 6-1-1, 2007].
8.05.020 Illustrative enumeration.
A. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is declared to be and constitute a nuisance; provided, that this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
1. Noxious weeds and other rank vegetation.
2. Accumulations of rubbish, trash, refuse, litter, junk and other abandoned materials, metals, lumber or other things.
3. Any condition which provides harborage for rats, mice, snakes and other vermin.
4. Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located.
5. Any condition that is attractive and dangerous to children, such as a vacant accessible building, excavation, dilapidated wall and fences and barbed wire fences along public ways, wood piles and debris on vacant lots which may constitute a hazard to health and welfare to children who may not be able to recognize these dangers.
6. All unnecessary or unauthorized noises and annoying vibrations, including animal noises.
7. All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches.
8. The carcasses of animals or fowl not disposed of within a reasonable time after death.
9. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.
10. Any building, structure or other place or location where any activity in violation of local, state or federal law is conducted, performed or maintained.
11. Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
12. The keeping of honeybees and hives and the keeping of hornets.
13. Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.
B. Nuisance Prohibited. It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance. [Ord. 241 § 6-1-2, 2007].
8.05.030 Notice to abate.
A. Whenever a nuisance is found to exist within the Village or within the Village’s extraterritorial jurisdiction, the village clerk-administrator or some other duly designated officer of the Village may issue a petty misdemeanor summons and complaint to the offender to appear before the municipal court for violation of this chapter.
B. If a major nuisance is found to exist, a 10-day written notice to abate the nuisance may be given to the owner, his/her agent or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance, by the village clerk-administrator. [Amended during 2014 codification; Ord. 241 § 6-1-3, 2007].
8.05.040 Contents of notice.
A. The notice to abate a nuisance issued under VCMC 8.05.030 shall contain the following:
1. An order to abate the nuisance.
2. The location of the nuisance, if the nuisance is stationary.
3. A description of what constitutes the nuisance.
4. A statement of acts necessary to abate the nuisance.
5. A statement that if the nuisance is not abated as directed in the prescribed time and if convicted in municipal court, the Village will abate such nuisance and assess the cost thereof against such person.
B. Any person receiving notice of an order to abate a nuisance may request a hearing before the municipal court on such matter within 10 days from the date of filing the notice. Any notice of abatement served by the Village shall advise the person allegedly committing the nuisance of his/her right to request a hearing before the municipal court.
C. Service of Notice. The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law.
D. Abatement by Village. Upon the failure of the person, upon whom notice to abate a nuisance was served pursuant to this chapter, to abate the nuisance, and having been found guilty of violating this chapter, the designated officer of the Village shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof.
E. Village’s Costs Declared Lien. Any and all costs incurred by the Village in the abatement of a nuisance under this chapter shall constitute a lien against the property upon which such nuisance existed, which lien shall be filed, proven and collected as provided for by law. Such lien shall be notice to all persons from the time of its recording, and shall bear interest at the legal rate thereafter until satisfied. [Amended during 2014 codification; Ord. 241 § 6-1-4, 2007].
8.05.050 Abandoned, wrecked, dismantled or inoperative motor vehicles.
A. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Abandoned” means any motor vehicle that does not display a current license plate or valid police sticker as defined in Section 12-12-18(F)(2) of the Uniform Traffic Ordinance and is left unattended for a period exceeding 72 consecutive hours.
“Dismantled” means any motor vehicle that has been disassembled to any degree, which renders it inoperable.
“Inoperable” means any motor vehicle incapable of operation upon any street or highway in compliance with the laws of this jurisdiction.
“Motor vehicle” means any vehicle that is designed to be self-propelled and travel along the ground and includes but is not limited to automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, recreational vehicles, and motor homes.
“Private property” means any real property within the Village that is privately owned and that is not public property, as defined in this section.
“Public property” means any street or alleyway or right-of-way or parkway or highway, which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and also means other publicly owned property or facility.
“Wrecked” means any motor vehicle that is disabled or in a state of ruin or dilapidation which renders it inoperable.
B. Prohibited. No person shall park, store, leave or permit the parking, storing, or leaving of any motor vehicle of any kind which is in an abandoned or wrecked or dismantled or inoperative or partially dismantled condition, whether attended or not, upon any private or public property within the Village for a period of time in excess of 72 hours. The presence of an abandoned or wrecked or dismantled or inoperative or partially dismantled vehicle or parts thereof (except such parts that have been reconstructed or converted for practical use) on public property or private property is declared a public nuisance, which may be abated in accordance with this chapter. This section shall not apply to:
1. Any vehicle within an enclosed area and out of public view on private property or to any vehicle held in connection with a business enterprise, lawfully licensed by the Village and properly operated in the appropriate business zone, pursuant to the zoning laws of the Village; or
2. Any person who has obtained a permit for restoration of a motor vehicle pursuant to VCMC 8.05.060. [Amended during 2014 codification; Ord. 241 § 6-1-5, 2007].
8.05.060 Permits for restoration of motor vehicles.
Any person, upon payment of a fee of $15.00, may obtain a permit for the restoration of a motor vehicle from the police department. The permit shall specify the type of vehicle to be restored, the location of the vehicle and the time requested for restoration; provided, that in no event shall the time allowed for restoration exceed 18 months. No more than one permit per location may be issued and outstanding at any one time. [Ord. 241 § 6-1-6, 2007].
8.05.070 Notice to remove.
Whenever it comes to the attention of the Village that any nuisance, as defined in VCMC 8.05.050, exists in the Village, notice in writing shall be served upon the occupant of the land where the nuisance exists, or if there is no such occupant, upon the owner of the property or his/her agent, or if the nuisance involves a vehicle left upon public property, notice shall be given to the owner of the vehicle or his/her agent notifying them of the existence of the nuisance and requesting its removal in the time specified in this chapter.
A. Responsibility for Removal. Upon proper notice and opportunity to be heard, the owner of the abandoned or wrecked or dismantled or inoperative vehicle and the owner or occupant of the private property on which the vehicle is located, either or all of them, shall be responsible for its removal. If the abandoned or wrecked or dismantled or inoperative vehicle is located on public property, the owner of the vehicle or his/her agent shall be responsible for its removal. If removal and disposition are performed by the Village, the owner or occupant of the private property where the vehicle is located shall be liable for expenses incurred or, if circumstances are such, the owner of the vehicle left on public property. [Amended during 2014 codification; Ord. 241 § 6-1-7, 2007].
8.05.080 Notice procedure.
A. Under this chapter, notice shall be given of removal to the owner or occupant of the private property where it is located, at least 30 days before the time of compliance, which shall be set forth in the notice. If the nuisance involves a vehicle on public property, notice shall be given to the owner of the vehicle or his/her agent, at least 10 days before the time of compliance, which shall be set forth in the notice. It shall constitute sufficient notice when a copy of such is posted in a conspicuous place upon the private property on which the vehicle is located or a copy of the notice is posted on the vehicle which is parked on the public property and duplicate copies are sent by registered mail to the owner of the vehicle left on public property or his/her agent or to the owner or occupant of the private property at his/her last known address. If notice cannot be given pursuant to this section, notice shall be given by publication once in a newspaper of general circulation in the community as soon as practicable after reasonable and diligent efforts to give notice as provided in this section prove fruitless.
B. Contents of Notice. The notice issued pursuant to this chapter shall contain the request for removal within the time specified in this chapter, and the notice shall advise that upon failure to comply with the notice to remove, and having been found guilty of violating this chapter, the Village or its designee, which may include a wrecker service, shall undertake such removal with the cost of removal to be levied against the owner or occupant of the property, or if the circumstances are such, the owner of the vehicle left on public property or his/her agent.
C. Request for Hearing. Under this chapter, the persons to whom the notices are directed or their duly authorized agents may file a written request for hearing before the municipal court judge within the 30-day period of compliance prescribed in subsection (A) of this section for the purpose of defending the charges by the Village.
D. Procedure for Hearing. The hearing requested pursuant to subsection (C) of this section shall be held as soon as practicable after the filing of the request, and the persons to whom the notices are directed shall be advised of the time and place of the hearing at least three days in advance thereof.
E. Removal of Motor Vehicle from Property. If the violation described in the notice has not been remedied within the time period of compliance specified in this chapter, or if a notice requesting hearing is timely filed, a hearing is had and the existence of the violation is affirmed by the municipal judge, or the owner has been found guilty of violating this chapter, the Village shall have the right to remove the motor vehicle from the premises. It shall be a petty misdemeanor for any person to interfere with, hinder, or refuse to allow such person to enter upon the private property or public property for the purpose of removing a vehicle under this chapter.
F. Notice of Removal. Within 48 hours of the removal of such vehicle as provided in subsection (E) of this section, the Village shall give notice to the registered owner of the vehicle, if known, and also to the owner or occupant of the private property, if applicable, from which the vehicle was removed, that the vehicle has been impounded and stored for violation of this chapter. The notice shall give the location where the vehicle is stored and the costs incurred by the Village for removal. [Amended during 2014 codification; Ord. 241 § 6-1-8, 2007].