Chapter 8.15 NUISANCES

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

(3) Person Responsible. The person responsible for abating a nuisance shall include any or all of the following:

(a) The owner of the property upon which the nuisance exists;

(b) The person in charge of property, as defined in subsection (2) of this section;

(c) The person who caused to come into or continues in existence a nuisance as defined in this chapter or another ordinance of this city.

(4) “Public place” means a building, way, place or accommodation, whether publicly or privately owned, open and available to the general public. (Ord. 156-91 § 1, 1991)

Article II. Nuisances Affecting Public Health

8.15.020 Nuisances affecting public health.

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

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

(2) Debris. Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time and that affect the health of the city;

(3) Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests;

(4) Water Pollution. 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;

(5) Food. Decayed or unwholesome food which is offered for human consumption;

(6) Odor. Premises which are in such a state or condition as to cause an offensive odor to persons not in charge of the property;

(7) Surface Drainage. Drainage of liquid wastes from private premises;

(8) Cesspools. Cesspools or septic tanks which are in an unsanitary condition or which cause an offensive odor. (Ord. 156-91 § 2, 1991)

Article III. Nuisances Affecting Public Safety

8.15.030 Creating a hazard.

No person shall create a hazard by:

(1) Maintaining or leaving in a place accessible to children a container with a compartment of more than a one and one-half-cubic-foot capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside; or

(2) Being the owner or otherwise having possession of property upon 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 or refusing to cover or fence it with a suitable protective construction. (Ord. 156-91 § 3, 1991)

8.15.040 Attractive nuisances.

(1) No owner or person in charge of property shall permit thereon:

(a) Unguarded machinery, equipment or mechanical devices which are attractive, dangerous and accessible to children;

(b) Lumber, logs or piling or other nonmechanical devices placed or stored in a manner so as to be attractive, dangerous and accessible to children;

(c) An open pit, quarry, cistern, ditch, swimming pool or other excavation, without safeguards or barriers to prevent such places from being accessible to children.

(2) This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children. (Ord. 156-91 § 4, 1991)

8.15.050 Snow and ice.

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

(1) Snow to remain on the sidewalk for a period longer than the first two hours of daylight after the snow has fallen;

(2) Ice to remain on the sidewalk for more than two hours of daylight after the ice has formed, unless the ice is covered with sand, ashes or other suitable material to assure safe travel. (Ord. 156-91 § 5, 1991)

8.15.060 Noxious vegetation.

(1) 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 (2) of this section.

(2) The term “noxious vegetation” does include, at any time between May 1st through September 30th of any year:

(a) Weeds more than five inches high;

(b) Grass more than five inches high and not within the exception stated in subsection (1) of this section;

(d) Poison ivy;

(e) Blackberry bushes that extend into a public thoroughfare or across a property line;

(f) Vegetation that is:

(i) A health hazard;

(ii) A fire hazard because it is near other combustibles; or

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

(3) Between May 1st and September 30th of any year, no owner or person in charge of property may allow noxious vegetation to be on the property or in the right-of-way of a public thoroughfare abutting on the property. It shall be the duty of an owner or person in charge of property to cut down or to 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.

(4) Between April 1st and May 1st of each year, a copy of subsection (3) of this section will be made available to the press, public, and a minimum of one copy shall be posted on the bulletin board at City Hall, as a notice to all owners and persons in charge of property of their duty to keep their property free from noxious vegetation. The notice shall state that the city is willing to abate such a nuisance on any 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 costs of the abatement. The notice shall also state that, even in the absence of such requests, the city reserves the right to abate all such nuisances and to charge the cost of doing so on any particular parcel of property to the owner thereof, the person in charge thereof or the property itself.

(5) The publication of notice provided for in subsection (4) of this section is discretionary on the part of the city administrator or designee and is not a condition precedent to the exercise of other remedies specified in this chapter. (Ord. 296-2007; Ord. 156-91 § 6, 1991)

8.15.070 Scattering rubbish.

No person shall deposit upon public or private property any kind of 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 upon a public way. (Ord. 156-91 § 7, 1991)

8.15.080 Trees.

(1) No owner or person in charge of property that abuts upon a street or public sidewalk shall permit trees or bushes on the property to interfere with street or sidewalk traffic. It shall be the duty of an owner or person in charge of property that abuts upon a street or public sidewalk to 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.

(2) No owner or person in charge of property shall allow to stand a dead or decaying tree that is a hazard to the public or to persons or property on or near the property. (Ord. 156-91 § 8, 1991)

8.15.090 Fences.

(1) No owner or person in charge of property shall construct or maintain a barbed-wire fence thereon 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.

(2) 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. 156-91 § 9, 1991)

8.15.100 Surface waters – Drainage.

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

(2) The owner or person in charge of property shall install and maintain in proper state of repair adequate drainpipes or a drainage system, so that any overflow water accumulating on the roof or about the building is not carried across or upon the sidewalk. (Ord. 156-91 § 10, 1991)

Article IV. Nuisances Affecting Public Peace

8.15.110 Radio and television interference.

(1) 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.

(2) This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission. (Ord. 156-91 § 11, 1991)

8.15.120 Junk.

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

(2) 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 parts thereof, old iron or other metal, glass, paper, lumber, wood or other waste or discarded material.

(3) This section shall not apply to junk kept in a duly licensed junk yard or automobile wrecking house. (Ord. 156-91 § 12, 1991)

Article V. Unenumerated Nuisances

8.15.130 Unenumerated nuisances.

(1) The acts, conditions or objects specifically enumerated and defined in HMC 8.15.020 to 8.15.120 are declared public nuisances; and such acts, conditions or objects may be abated by any of the procedures set forth in HMC 8.15.140 to 8.15.190.

(2) In addition to the nuisances specifically enumerated within this chapter, every other thing, substance or act which 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. 156-91 § 13, 1991)

Article VI. Enforcement

8.15.140 Cumulative remedies.

(1) This chapter may be enforced by:

(a) Prosecution for civil infraction, as provided in this chapter and other applicable law;

(b) Abatement, as provided in this chapter and other applicable law;

(d) An injunction from the appropriate court against continuation or repetition of the violation.

(2) These remedies are cumulative and not intended as exclusive. (Ord. 156-91 § 14, 1991)

8.15.150 Civil infraction assessment.

A violation of any provision of this chapter constitutes a Class 1 civil infraction and shall be dealt with in accordance with the procedures as otherwise approved by Hubbard city ordinance. (Ord. 156-91 § 15, 1991)

8.15.160 Abatement.

(1) When any police officer or other city official authorized by the mayor determines that a nuisance exists, such police officer or authorized official may notify the persons responsible.

(2) The notice shall be given to:

(a) The owner of the premises on which the nuisance is alleged to exist;

(b) The person in apparent possession or control of the premises; and

Failure of notice to one person does not affect the responsibility of any other person who is notified.

(3) The notice shall direct the person notified to abate the nuisance within three working days of the time the notice is sent or posted on the premises; a longer notice period may also be given. The notice shall also inform the person notified of his right to judicial review under this chapter.

(4) If a person is dissatisfied with the notice to abate, such person may request judicial review by making a request to the city court for judicial review within three working days of the time the notice to abate is sent or posted. The request need not be in any particular form, except that it must:

(a) Be in writing;

(b) Identify the place and nature of the alleged nuisance;

(d) Identify the police officer or other city official alleging that a nuisance exists.

A copy of this notice shall be delivered to the police officer or other city official alleging that a nuisance exists.

(5) The judicial review shall be held on the first court day following after the request for judicial review is made, or on the second court day after the request for judicial review is made, if the first court day is less than five days from the date upon which the request for judicial review is made. The day may be postponed by:

(a) Agreement of the parties; or

(b) Order of the court for good cause.

(6) The court shall promptly notify:

(a) The person requesting the review; and

(b) The police officer or other city official alleging the existence of a nuisance.

(7) At the judicial review the court shall determine, based on a preponderance of the evidence, whether a nuisance exists. If a nuisance exists, the court shall order the responsible person to abate it within 72 hours, or within such longer time as the court determines, for good cause, should be given. If the court finds there is no nuisance, it shall dismiss the matter.

(8) Any person, who is directed by a police officer or other authorized city official to abate a nuisance and does not seek judicial review within the proper time, thereby waives any further hearing or judicial determination of the issue.

(9) If a person is directed by a police officer or other authorized city official to abate a nuisance and neither requests judicial review within the proper time nor abates the nuisance, or if the person fails to abate the nuisance within 72 hours (or such further time allowed) when ordered to do so by the court, then the police may abate the nuisance.

(10) There shall be no liability to the city for the abatement unless the city acts in bad faith or causes manifestly unreasonable and unnecessary damage in the abatement.

(11) In case of an apparent emergency, abatement may be made in a summary manner, without notice. In such case, however, the person aggrieved may request judicial review of the abatement.

In such judicial review, the abatement shall be upheld if conducted without violation of subsection (10) of this section and if there was substantial evidence of the emergency and the nuisance at the time it was abated. (Ord. 156-91 § 16, 1991)

8.15.170 Joint responsibility.

If more than one person is 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. 156-91 § 17, 1991)

8.15.180 Abatement by city.

(1) If, within the time allowed, the nuisance has not been abated by the person responsible, the police chief, upon concurrence with the city administrator or designee, may cause the nuisance to be abated.

(2) The police chief, or his designee, will be responsible for appropriate postings and notifications as required by this chapter.

(3) The police chief, or his designee, shall have the right, at reasonable times, to enter into or upon property to investigate or cause the removal of a nuisance.

(4) If the nuisance is not abated within the prescribed time, the police chief shall be responsible for issuing citations to appear in court, as appropriate under the circumstances. If abatement by the city is in order, the police chief will notify the public works superintendent of the nature of the abatement required. If city crews are utilized, the police chief will provide the city administrator or designee with information required for the appropriate assessment of fees and recording of liens.

(5) The city administrator or designee shall keep an accurate record of the expenses incurred by the city in physically abating the nuisance and shall include therein a charge of $10.00 or 10 percent of those expenses, whichever is greater, for administrative overhead.

(6) In addition to the remedy of abatement provided herein to the city, the person responsible shall also be subject to citation for civil infraction, as provided herein. (Ord. 156-91 § 18, 1991)

8.15.190 Assessment of costs.

(1) The city administrator or designee by certified or registered mail, postage prepaid, shall forward to the person responsible a notice stating:

(a) The total cost of abatement, including the administrative overhead;

(b) That the cost as indicated will be assessed to and become a lien against the property, unless paid within 30 days from the date of the notice; and

(c) That, if the person responsible objects to the costs of the abatement as indicated, that person may file a notice of objection with the city administrator or designee, not more than 10 days from the date of the notice.

(2) Upon the expiration of 10 days after the date of the notice, the court, in the regular course of business, shall hear and determine any objections to the costs assessed.

(3) 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 determined by the court, shall be made and shall thereupon be entered in the docket of city liens; and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated.

(4) The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the legal rate. The interest shall commence to run from the date of the entry of the lien in the lien docket.

(5) An error in the name of the person responsible shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property.

The city may also institute action for the recovery of said amount against the author or continuer thereof or may pursue both remedies to recover said money expended. (Ord. 156-91 § 19, 1991)

8.15.200 Notice.

Any notice required in this chapter shall be sufficient, if the person to be notified is substantially apprised of the substance of the notice, notwithstanding any minor deficiencies or irregularities of form. Actual receipt of the notice is not required as long as a good faith effort is made to deliver it. (Ord. 156-91 § 20, 1991)

8.15.210 Separate violations.

(1) Each day’s violation of a provision of this chapter constitutes a separate offense.

(2) The abatement of a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of an assessment does not relieve a person of the duty to abate the nuisance; however, abatement of a nuisance within three working days of the date of notice to abate, or if a written protest has been filed, then abatement within 72 hours of the court’s determination that a nuisance exists, will relieve the person responsible from the imposition of a penalty under HMC 8.15.150. (Ord. 156-91 § 21, 1991)