Chapter 8.05 NUISANCES

“Person in charge of property” means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project.

“Person responsible” means the person responsible for abating a nuisance and includes:

A. The owner.

B. The person in charge of property, as defined in this section.

C. The person who caused a nuisance, as defined in the ordinance codified in this chapter or another ordinance of the city, to come into or continue in existence.

“Public place” means a building, way, place or accommodation, publicly or privately owned, open and available to the general public. [Ord. 256 § 1, 1981].

Article II. Animals

8.05.020 Removal of carcasses.

No person shall permit an animal carcass owned or controlled by him to remain upon public property, or to be exposed on private property, for a period of time longer than is reasonably necessary to remove or dispose of the carcass. [Ord. 256 § 2, 1981].

8.05.030 Animals at large.

Except for household pets, other than dogs, no owner or person in charge of an animal shall permit the animal to be at large. Animals at large may be taken into custody by the city and disposed of in accordance with the procedures provided by ordinance for the impoundment of dogs. [Ord. 256 § 3, 1981].

Article III. Nuisances Affecting Public Health

8.05.040 Nuisances affecting public health.

No person shall cause or permit a nuisance affecting public health on property owned or controlled by him. The following are nuisances affecting public health and may be abated as provided in this chapter:

A. Open vaults or privies constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with State Health Division regulations.

B. Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time and that affect the health of the city.

C. Stagnant water that affords a breeding place for mosquitoes and other insect pests.

D. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that will cause harmful material to pollute the water.

E. Decayed or unwholesome food offered for human consumption.

F. Premises that are in such a state or condition as to cause an offensive odor or that are in an unsanitary condition.

G. Drainage of liquid wastes from private premises.

H. Cesspools or septic tanks that are in an unsanitary condition or that cause an offensive odor.

I. Mastics, oil, grease or petroleum products allowed to be introduced into the sewer system by a user connected to the sewer system. [Ord. 256 § 11, 1981].

Article IV. Nuisances Affecting Public Safety

8.05.050 Creating a hazard.

No person shall create a hazard by:

A. Maintaining or leaving, in a place accessible to children, a container with a compartment of more than one and one-half cubic feet capacity and a door or lid that locks or fastens automatically when closed and that cannot be easily opened from the inside.

B. Being the owner or otherwise having possession of property on which there is a well, cistern, cesspool, excavation, or other hole of a depth of four feet or more, and a top width of 12 inches or more and failing to cover or fence it with a suitable protective construction.

C. Being the owner or otherwise having possession of property that allows objects to obstruct or encroach on the path of pedestrians in the public right-of-way. [Ord. 530, 2019; Ord. 256 § 15, 1981].

8.05.060 Attractive nuisances.

A. No owner or person in charge of property shall permit on the property:

1. Unguarded machinery, equipment or other devices that are attractive, dangerous and accessible to children.

2. Lumber, logs or piling placed or stored in a manner so as to be attractive, dangerous and accessible to children.

B. This section does not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children. [Ord. 256 § 16, 1981].

8.05.070 Snow and ice.

No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk shall permit:

A. Snow to remain on the sidewalk for a period longer than 24 hours after snow has fallen unless the city has declared a snow emergency.

B. Businesses in the downtown area shall clear the walks in front of their businesses of all pedestrian hazards within 12 hours after a snow emergency is declared.

C. Property owners along school routes shall clear the sidewalk within 12 hours after a snow emergency is declared if school is in session.

D. Ice shall be removed or covered with sand, ashes or other suitable material to assure safe travel at all times.

E. The city’s public works director shall determine whether a snow emergency exists. After making the determination the public works director will inform the city manager that such an emergency exists, and it will be the city manager’s responsibility to release the information to the public.

F. If sidewalks are not cleared in accordance with this section, the city manager shall have the authority to have the condition abated and charge the property owner with the cost. If the property owner does not reimburse the city for the costs of abatement the city may place a lien against the property for the full amount. [Ord. 528, 2019; Ord. 256 § 17, 1981].

8.05.080 Noxious vegetation.

A. The term “noxious vegetation” does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard or a fire or traffic hazard within the meaning of subsection (B) of this section.

B. The term “noxious vegetation” does include, at any time between June 15th and September 30th of any year:

1. Weeds more than 10 inches high.

2. Grass more than 10 inches high and not within the exception stated in subsection (A) of this section.

3. Poison oak.

4. Poison ivy.

5. Blackberry bushes that extend into a public thoroughfare or across a property line.

6. Vegetation that is:

a. A health hazard.

b. A fire hazard because it is near other combustibles.

c. A traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous.

C. Between June 15th and September 30th of any year, no owner or person in charge of property shall allow noxious vegetation to be on the property or in the right-of-way of a public thoroughfare abutting on the property. An owner or person in charge of property shall cut down or destroy grass, shrubbery, brush, bushes, weeds or other noxious vegetation as often as needed to prevent them from becoming unsightly, from becoming a fire hazard, or, in the case of weeds or other noxious vegetation, from maturing or from going to seed.

D. Between May 1st and June 15th of each year, the city recorder may cause to be published three times in a newspaper of general circulation in the city a copy of subsection (C) of this section as a notice to all owners and persons in charge of property of the duty to keep their property free from noxious vegetation. The notice shall state that the city is willing to abate the nuisance on a particular parcel of property at the request of the owner or person in charge of the property for a fee sufficient to cover the city’s abatement costs. The notice shall also state that, even in the absence of such requests, the city intends to abate all such nuisances 10 or more days after the final publication of the notice and to charge the cost of doing so on a particular parcel of property to the owner or the person in charge of the property, or the property itself.

E. If the notice provided for in subsection (D) of this section is used, it shall be in lieu of the notice required by CMC 8.05.160. [Ord. 256 § 18, 1981].

8.05.090 Scattering rubbish.

No person shall deposit, on public or private property, rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to injure a person, animal or vehicle traveling on a public way. [Ord. 256 § 19, 1981].

8.05.100 Trees.

A. No owner or person in charge of property that abuts on a street or public sidewalk shall permit trees or bushes on the property to interfere with street or sidewalk traffic. An owner or person in charge of property that abuts on a street or public sidewalk shall keep all trees and bushes on the premises, including the adjoining parking strip, trimmed to a height of not less than eight feet above the sidewalk and not less than 10 feet above the roadway.

B. No owner or person in charge of property shall allow a dead or decaying tree to stand if it is a hazard to the public or to persons or property on or near the property. [Ord. 256 § 20, 1981].

8.05.110 Fences.

A. No owner or person in charge of property shall construct or maintain a barbed-wire fence, or permit barbed wire to remain as part of a fence, along a sidewalk or public way; except such wire may be placed above the top of other fencing not less than six feet, six inches high.

B. No owner or person in charge of property shall construct, maintain or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person. [Ord. 256 § 21, 1981].

8.05.120 Surface waters, drainage.

A. No owner or person in charge of a building or structure shall permit rainwater, ice or snow to fall from the building or structure onto a street or public sidewalk or to flow across the sidewalk.

B. The owner or person in charge of property shall install, and maintain in a proper state of repair, adequate drainpipes or a drainage system, so that overflow water accumulating on the roof or about the building is not carried across or on the sidewalk. [Ord. 256 § 22, 1981].

Article V. Nuisances Affecting Public Peace

8.05.130 Radio and television interference.

A. No person shall operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception by a radio or television receiver of good engineering design.

B. This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission. [Ord. 256 § 31, 1981].

8.05.140 Junk.

A. No person shall keep junk outdoors on a street, lot, or premises or in a building that is not wholly or entirely enclosed except for doors used for ingress and egress.

B. The term “junk,” as used in this section, includes all old motor vehicles, old motor vehicle parts, abandoned automobiles, old machinery, old machinery parts, old appliances or appliance parts, old iron or other metal, glass, paper, lumber, wood or other waste or discarded material.

C. This section does not apply to junk kept in a licensed junk yard or automobile wrecking house. [Ord. 256 § 32, 1981].

Article VI. Unenumerated Nuisances

8.05.150 Unenumerated nuisances.

A. The acts, conditions or objects specifically enumerated and defined in CMC 8.05.020 through 8.05.140 are declared public nuisances and may be abated by the procedures set forth in CMC 8.05.160 through 8.05.210.

B. In addition to the nuisances specifically enumerated in this chapter, every other thing, substance or act that is determined by the council to be injurious or detrimental to the public health, safety or welfare of the city is declared a nuisance and may be abated as provided in this chapter. [Ord. 256 § 45, 1981].

Article VII. Abatement Procedure

8.05.160 Notice.

A. On determination by the council that a nuisance exists, the council shall cause a notice to be posted on the premises or at the site of the nuisance, directing the person responsible to abate the nuisance.

B. At the time of posting, the city recorder shall cause a copy of the notice to be forwarded by registered or certified mail to the person responsible at the person’s last known address.

C. The notice to abate shall contain:

1. A description of the real property, by street address or otherwise, on which the nuisance exists.

2. A direction to abate the nuisance within 10 days from the date of the notice.

3. A description of the nuisance.

4. A statement that, unless the nuisance is removed, the city may abate the nuisance and the cost of abatement will be charged to the person responsible.

5. A statement that failure to abate a nuisance may warrant imposition of a fine or jail sentence.

6. A statement that the person responsible may protest the order to abate by giving notice to the city recorder within 10 days from the date of the notice.

D. If the person responsible is not the owner, an additional notice shall be sent to the owner, stating that the cost of abatement not paid by the person responsible may be assessed to and become a lien on the property.

E. Upon completion of the posting and mailing, the persons posting and mailing shall execute and file certificates stating the date and place of the mailing and posting.

F. An error in the name or address of the person responsible shall not make the notice void, and in such case the posted notice shall be sufficient. [Ord. 256 § 46, 1981].

8.05.170 Abatement by the person responsible.

A. Within 10 days after the posting and mailing of notice as provided in CMC 8.05.160, the person responsible shall remove the nuisance or show that no nuisance exists.

B. A person responsible, protesting that no nuisance exists, shall file a written statement that specifies the basis for the protest with the city recorder.

C. The statement shall be referred to the council as a part of its regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the person protesting may appear and be heard by the council. The council shall determine whether a nuisance in fact exists, and the determination shall be entered in the official minutes of the council. Council determination shall be required only in cases where a written statement has been filed as provided.

D. If the council determines that a nuisance in fact exists, the person responsible shall abate the nuisance within 10 days after the council determination. [Ord. 256 § 47, 1981].

8.05.180 Joint responsibility.

If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance. [Ord. 256 § 48, 1981].

8.05.190 Abatement by the city.

A. If the nuisance has not been abated by the person responsible within the time allowed, the council may cause the nuisance to be abated.

B. The officer charged with abatement of the nuisance shall have the right to enter into or upon property at reasonable times to investigate or cause the removal of a nuisance.

C. The city recorder shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include a charge of $10.00 or 10 percent of those expenses, whichever is greater, for administrative costs. [Ord. 256 § 49, 1981].

8.05.200 Assessment of costs.

A. The city recorder shall forward to the owner and the person responsible, by registered or certified mail, a notice stating:

1. The total cost of abatement, including the administrative costs.

2. That the costs as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice.

3. That if the owner or the person responsible objects to the cost of the abatement as indicated, a notice of objection may be filed with the city recorder not more than 10 days from the date of the notice.

B. No sooner than 30 days after the date of the notice, the council, in the regular course of business, shall hear and make a decision on the objections to the costs assessed.

C. If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs, as stated or as decided by the council, shall be made by resolution and shall be entered in the docket of city liens. When the entry is made, it shall constitute a lien on the property from which the nuisance was removed or abated.

D. The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of 12 percent per annum. The interest shall begin to run from the date of entry of the lien in the lien docket.

E. An error in the name of the owner or the person responsible or a failure to receive the notice of the proposed assessment will not void the assessment, and it shall remain a valid lien against the property. [Ord. 256 § 50, 1981].

Article VIII. General Provisions

8.05.210 Summary abatement.

The procedure provided by the ordinance codified in this chapter is not exclusive, but is in addition to procedures provided by other ordinances. The chief of the fire department, the chief of police, or any other city official may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property. [Ord. 256 § 51, 1981].

8.05.220 Penalties.

A person convicted of being the author or keeper of a nuisance, or found guilty of a violation of a provision of this chapter, shall be fined not less than $25.00 nor more than $250.00 for the first offense, and for the second and all subsequent offenses, not less than $50.00 nor more than $500.00. [Ord. 256 § 52, 1981].

8.05.230 Separate violations.

A. Each day’s violation of a provision of this chapter constitutes a separate offense.

B. The abatement of a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance. However, abatement of a nuisance within 10 days of the date of notice to abate, or if a written protest has been filed, then abatement within 10 days of council determination that a nuisance exists will relieve the person responsible from the imposition of a fine under CMC 8.05.220. [Ord. 256 § 53, 1981].