Chapter 8.10
NUISANCES
Sections:
8.10.020 Public nuisance defined.
8.10.050 Cost of abatement as a lien.
8.10.060 Employees of Naples City.
8.10.070 Violations – Criminal offense and penalties.
Prior legislation: Ords. 87-34 and 91-53.
8.10.010 Definitions.
“Abandoned motor vehicle” means a motor vehicle that:
(a) Is physically inoperable or missing essential parts to be operable, and has been stored on public property for more than 48 hours.
(b) Lacks a current license plate and is not stored within a completely enclosed structure or is not currently for sale and stored at a facility licensed for such sales.
“Abandonment” means the relinquishment of property, or a cessation of the use of the property, by owner or lessee without any intention of transferring rights to the property to another owner or resuming the use of the property.
“Building/structure unreasonable hazard” means the building official makes evaluations of the structure to determine structural safety to determine that the structure provides the minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress, stability, sanitation, light and ventilation, and safety to life and property from fire and other hazards attributed to the built environment.
“City” means Naples City.
“Economically infeasible” means the cost of restoring the vehicle to an operating condition exceeds the market value of the vehicle.
Fire Hazard. The city and state of Utah have adopted codes to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises. These codes define out hazards.
“Guidelines and standard to render findings” means:
(a) International Codes adopted by the state of Utah.
(b) ATC 20-1 Post Earthquake Safety.
(c) National Electrical Code adopted by the state of Utah.
(d) All health and safety codes adopted by the state of Utah.
“Inoperable vehicle” means any vehicle that, while at present inoperable, is in a condition whereby repairs to the same could be made to place it in operating condition without exceeding its estimated value and the vehicle is in a garage, protected under a cover or screened from being seen from the public street until such repairs are made.
“Junk vehicle” means any rusted, wrecked, damaged, dismantled or partially dismantled, inoperative or abandoned motor vehicle in such a condition that it is economically infeasible to restore the vehicle to an operating condition.
“Motor vehicle” means a self-propelled device licensed as a motor vehicle and used for transportation of people or goods over all types of roads and trails.
“Noise” means any undesired audible sound that annoys, or disturbs humans or that causes or tends to cause an adverse psychological or physiological effect on humans.
“Noise intermittent” means stopping and starting at intervals less than 30 minutes and is considered a nuisance.
“Noxious weeds” means list of weeds that have been officially designated and published as noxious weeds for Uintah County and the state of Utah. This list will include new and invading potential noxious weeds as listed by Uintah County weed department.
“Nuisance” means a condition or situation that results in an interference with the:
(a) Enjoyment and use of property.
(b) Health, safety and welfare of Naples City citizens.
(c) Deterrent of the spread of blight.
(d) Quality of life, the improvement of property values and the preservation of the character of surrounding neighborhood.
(e) Stopping of the spread of safe, healthy and a sightly community.
“Nuisance element” means any environment pollutant, such as fumes, smoke, odors, liquid waste, solid waste, radiation, noise, vibration, dust, weeds, glare, noxious weeds, abandoned materials such as machinery, materials, lumber, buildings, inoperable vehicles, trash, rubbish, refuse, junk or heat.
“Owner” means any of the owners of any unlicensed motor vehicle or junked motor vehicle or any of the owners, lessees or occupants of any property upon which the vehicle is located.
“Persons” means any person, firm, partnership, association, corporation, company or organization of any kind.
“Private property” means any real property within the city which is privately owned and which is not public property as defined in this section.
“Public property” means any street or highway which includes the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and also means any other publicly owned property or facility.
“Rubbish” means a generic term for solid waste, excluding food waste and ashes, taken from residences, commercial establishments and institutions.
“Smoke” means solid particles generated as a result of the incomplete combustion of materials containing carbon; also gas borne and airborne particles arising from a process of combustion in sufficient numbers to be observable, exclusive of visible condensed water vapor.
“Solid waste” means unwanted or discarded material including waste material with insufficient liquid content to be free flowing. Solid waste may be categorized as follows:
(a) Agricultural. Solid waste that results from the raising and slaughtering of animals and the processing of animal products and from orchard and field crops.
(b) Commercial Waste. Waste generated by retail outlets, stores, restaurants and other activities that do not actually turn out a product.
(c) Industrial Waste. Waste that results from industrial processes manufacturing, such as liquid, gaseous, chemical and solid residue or by-products, chemical containers and the residue from the storage and handling, or use of chemicals for oil, gas, tar sands and shale industries.
(d) Institutional Waste. Waste originating from educational, healthcare and research facilities.
(e) Residential Waste. Environment, sometimes called domestic solid waste.
“Soot” means agglomerations of tar-impregnated carbon particles that form when carbonaceous material does not undergo complete combustion.
“Trash,” also referred to as waste, rubbish, refuse, garbage or junk, is unwanted or unusable materials; it is a subjective concept, because items that some people would discard may have value to others. Trash or waste still needs to be managed. This process is termed waste management; see “waste management.”
“Trash enclosure” means an accessory use or structure where trash and/or solid waste material containers or any other type of waste or refuse containers are stored.
Tree Planting. The city has a tree ordinance (Chapter 12.35 NCC), a community forestry program that regulates the type of tree and location of the tree within public rights-of-way. This chapter manages type and tree location to safeguard overhead wires, sidewalk and curb and gutter, underground water and sewer lined, underground utilities and pedestrian lighting. The Uintah County weed board has listed some species that have been deemed noxious.
“Unlicensed vehicle” means any motor vehicle which does not have lawfully affixed thereto an unexpired license plate or plates.
Waste. Also see “trash.”
(a) “Bulk waste” means items whose size precludes or complicates the handling by normal collection, processing or disposal methods.
(b) “Construction and demolition waste” means building materials and rubble resulting from construction, remodeling, repair and demolition operations.
(c) “Hazardous waste” means wastes that require special handling to avoid illness or injury to persons, animals or damage to property.
(d) “Yard waste” means plant clippings, pruning and discarded materials from yards and gardens.
“Waste management” means the use of any device such as buildings, sheds, warehouse, storage container, etc., for the storage of waste, solid waste, trash, refuse, garbage, rubbish or junk until it is sold, reused, recycled or hauled to a public landfill. The device used will screen from the public street and neighbors all waste stored therein and prevent wildlife, vermin, pets, wind, children and animals from spreading, hauling off, transferring, transporting, carrying off, or relocating the waste in a nonregulated environment for waste storage. The device will be able to maintain within itself all odors, smells wanted or unwanted within one foot of the device.
“Weed control” means the process of limiting the weed infestation so that crops, ornamental plants and grass can be grown profitably or other operations can be conducted effectively. The height of the weeds are kept under 12 inches high and are not a fire hazard, or can cause injury to man, animal or the desired crop(s), ornamental plants and grass in the area.
“Weeds” means plants, growing where they are not wanted or any plant that is 12 inches high or higher that has become a fire hazard, or can cause injury to man, animal or the desired crop(s), ornamental plants and grass in the area. [Ord. 10-119 § 1, 2011.]
8.10.020 Public nuisance defined.
(1) As used in this chapter, a “public nuisance” shall mean any act, thing, occupation, condition or use of property which shall be of such a nature and shall continue for such length of time as to do any of the following:
(a) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
(b) Greatly offend the public morals or decency;
(c) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way.
(2) Public nuisances shall include but not be limited to the following acts, conduct, omissions, conditions or things:
(a) All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public;
(b) Carcasses of household pets or other animals not buried or otherwise disposed of in a sanitary manner within 24 hours after death;
(c) Accumulations of garbage in a manner in which flies, mosquitoes, disease-carrying insects, rodents, or other vermin may breed or may reasonably be expected to breed. (For purposes of this chapter, “garbage” means animal and vegetable waste resulting from the handling, preparation, cooking, storage or consumption of food);
(d) Accumulations of refuse in which disease-carrying insects, rodents, or other vermin may breed or may reasonably be expected to breed. (For purposes of this chapter, “refuse” means all putrescible and nonputrescible solid wastes, including garbage, rubbish, debris, ashes, street cleanings, dead animals, abandoned or inoperable automobiles, abandoned or inoperable household appliances, moveable furniture not designed for or modified to withstand the elements and outdoor use, solid market wastes and industrial wastes);
(e) All stagnant water in which mosquitoes, flies or other insects can multiply;
(f) Containers with garbage or refuse which are not covered by solid, tight fitting lids or which have any uncovered holes or for which at least weekly removal of garbage and refuse is not provided;
(g) Vegetation which:
(i) Harbors or aids in harboring rats, snakes, or vermin;
(ii) Which harbors or hosts diseases or insects which may reasonably be expected to injure other forms of life (except the harboring of insects, such as those commonly called ladybugs, used for pest control);
(iii) Which are prohibited by law or ordinance, including but not limited to noxious weeds;
(iv) Which by reason of its location or condition constitutes an imminent danger to any person or property;
(v) Which hinders the removal of accumulations of junk, garbage and debris;
(vi) Which is unmanaged and in excess of 12 inches, provided cultivated flowers, ornamentals, or food plants shall be presumed to be managed vegetation; provided further, that vegetation in excess of 12 inches shall be presumed unmanaged (unless predominantly composed of cultivated flowers, ornamentals, cultivated wild flowers or food plants), including vegetation which interferes with or obstructs the view or passage on any street, alley or other public way;
(vii) Which is unmanaged within 30 feet of a structure or building or within 10 feet of the outer edge of any public street or weeds in any other location which constitute an unreasonable fire hazard;
(viii) Which property is unmanaged allowing weeds and litter to accumulate on the property and to be relocated against neighboring fences and onto neighboring properties;
(h) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the city limits or within one mile therefrom in such quantities as to endanger the health of persons or to threaten or cause substantial injury to property, but excluding smoke emanating from residential fireplaces;
(i) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances;
(j) Any use of property, substances or things within the city or within one mile thereof, emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the city;
(k) Any structure or building that is in a state of dilapidation, deterioration or decay, is of faulty construction, is open to intrusion, abandoned, damaged by fire to the extent as not to provide shelter, is extremely unsound, in danger of collapse or failure, and endangers the health and safety of the public;
(l) Any inoperable, unlicensed or abandoned vehicle which is stored outside, except at a place of business licensed to store junk vehicles. For purposes of this chapter, “inoperable vehicle” shall mean any vehicle not in working order or that lacks current legal registration;
(m) Any vehicle parked on private property except on a weed-free surface made of gravel, crushed stone, asphalt or portland cement concrete;
(n) Dumpsters, trash containers, or trash container stands, located on a public right-of-way unless the dumpster is owned, leased or under the control of the city; provided further, that trash containers may be placed on the publicly owned area adjacent to the pavement, on the day the trash in the container is scheduled for removal by a trash hauler;
(o) Such other actions, conduct, omissions, conditions or things defined or specified in the municipal code of Naples City; or Utah statutes or regulations, as nuisances or as public nuisances;
(p) Any vehicle allowing litter or gravel to be blown off of or deposited upon any street, alley or public place;
(q) Any vehicle’s wheels or tires tracking or carrying onto or depositing onto any street, alley or public place mud, dirt, sticky substances, litter or foreign matter of any kind. [Ord. 10-119 § 2, 2011.]
8.10.030 Prohibition.
(1) No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance outside of any building within the city.
(2) The procedures and remedies set forth in this section and NCC 8.10.040 may be used in the alternative or in consonance with or in lieu of any other remedy or procedure authorized by law for the removal of violations or nuisances. [Ord. 10-119 § 3, 2011.]
8.10.040 Filing complaints – Inspections – Notice to abate – Failure to abate – Abatement by city – Appeal.
(1) All complaints from Naples City residents or land owners alleging the existence of a public nuisance shall be signed by complainant filed with the city recorder.
(2) The building official or code enforcer shall promptly inspect the premises or cause them to be inspected and shall make a written report of the findings of the inspection. Whenever practical, photographs of the premises shall be attached to the written report. The city recorder shall keep all such written reports on file for at least three years.
(3) Upon determining that a public nuisance exists on private or public property and that there is danger to the public health, safety, peace, morals or decency, the building official shall cause a notice to be delivered to the owner and the occupant of the private property where the public nuisances exist or upon the person causing, permitting or maintaining such nuisance, if such owner, occupant or person causing the nuisance can be found, and shall post a copy of the notice on the premises where the public nuisance exists.
(4) Such notice shall specifically describe the public nuisance and shall direct the owner and the occupant of the private property where the public nuisance exists or the person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 24 hours of service or posting of the notice. Such notice shall contain a telephone number and a name of the city officer or employee who made the inspection resulting in the notice, and shall state that telephone inquiries may be made. If the owner, occupant or person cannot be located after reasonable inquiry, posting shall be sufficient notice. The notice shall state that unless such nuisance is so abated or removed the city will cause it to be abated or removed, that the cost thereof will be charged to the owner, occupant or person causing, permitting or maintaining the nuisance and that such cost shall be a lien on the real property where the nuisance was abated or removed. Such notice shall also state that the failure of such owner, occupant, or person to abate the nuisance as required by such notice shall be deemed an implied consent for the city to abate or remove such nuisance. Such implied consent shall be deemed to form a contract between such owner, occupant or person and the city. If the public nuisance does not constitute a great and immediate danger to the public health, safety or welfare, the building official may serve the owner or occupant of such premises or the person in whose name such real estate was last billed for property tax purposes a notice to demand the abatement or removal of the violation within 10 days. Service may be had by certified mail or personal service; or by posting the notice on the property and mailing notice by first class mail.
(5) If a nuisance is not abated or removed after notice pursuant to this section and within the time specified in the notice, the building official may cause the abatement or removal of such public nuisance. The reasonable cost thereof shall be a lien on the real property where the nuisance was abated or removed.
(6) The owner or occupant of the private property where the public nuisance exists who fails to abate or to remove the nuisance required by this section, thereby consents, under the terms of this section, to have the city abate or remove the nuisance at the expense of the owner or occupant.
(7) The person upon whom a notice to abate a nuisance is served, the property owner, tenant or other affected person may appeal the determination of nuisance in writing to the hearing officer. The written appeal must be made within the time period in which to abate the nuisance is given in the notice. The hearing officer shall meet with the appellant within seven working days of the receipt of the written appeal. The city council may extend the time in which the nuisance must be abated, determine that a nuisance does not or no longer exists, or that the nuisance must be abated within the time period set out in the notice or immediately if the period set out in the notice has run. Provided, however, that if the nuisance was determined to be an emergency and that the opportunity for an appeal was not available due to the short period of time to abate the nuisance, an appeal may be heard after the abatement of the nuisance by the city. In that event, the hearing officer may determine that the appellant is liable for the costs, or that, upon good cause shown, that the appellant is not liable for the costs and that a lien shall not be filed by the city upon the property. The notice to abate shall contain a statement as to the right of appeal.
(8) The mayor shall appoint a hearing officer to hear appeals. [Ord. 10-119 § 4, 2011.]
8.10.050 Cost of abatement as a lien.
(1) Whenever a bill for the reasonable costs of abatement or removal of a nuisance pursuant to this chapter remains unpaid for 30 days after it has been sent, the city recorder shall file a notice of lien with the county treasurer. Any notice of lien pursuant to this chapter shall be filed within 90 days after the cost and expense of abatement or removal of nuisance has been incurred by the city. The notice shall consist of a sworn statement setting out: (a) a description of the real estate sufficient for identification thereof; (b) the amount of money representing the cost and expense incurred or payable by the city; and (c) the date or dates when such cost and expense was incurred by the city. However, any purchaser whose rights in such real estate have arisen subsequent to removal of the public nuisance and prior to the filing of such notice shall not be held liable for the costs of abatement or removal, and the lien of the city shall not have priority as to any mortgage, judgment creditor or other lienor whose rights in and to such real estate arise prior to the filing of such notice.
(2) Costs and expenses under this chapter include, but are not limited to, the actual costs and expenses in time of city employees or city authorized contractors and in materials concerning the actual actions of abatement of the nuisance pursuant to this chapter, transportation to and from the property, title searches or certifications, preparation of lien documents, foreclosures and other related expenses, including but not limited to reasonable attorney’s expenses.
(3) A copy of the notice of lien shall be mailed by the city recorder to the owner of the property or to the occupant, or to the person or persons in whose name such real estate was last billed for property tax purposes.
(4) The real estate subject to a lien for such an unpaid assessment of such costs and expenses may be sold for nonpayment thereof, and the proceeds of the sale applied to pay the charges, after deducting costs.
(5) The city attorney may institute proceedings in the name of the city in any court having jurisdiction over such matters against any property for which such costs and expenses have remained unpaid 30 days after a statement of such costs and expenses have been mailed to the property owner, to the occupant or to the person or persons in whose name the property was last billed for property tax purposes.
(6) Upon payment of the costs and expenses, plus interest from the date 30 days after the bill was sent after notice of lien has been filed the city recorder or designee shall file with the county treasurer a release of the lien.
(7) If the payment of the city’s costs of removal or abatement of the nuisance is not paid to the city within 30 days of filing of the notice of lien, the city attorney is empowered to commence proceedings in court seeking a judgment from the owner or occupant of such property. The action authorized by this subsection shall be in addition to, and without waiver of, any other remedy. [Ord. 10-119 § 5, 2011.]
8.10.060 Employees of Naples City.
Whenever in this chapter duties are given to a city employee or official, such duties may be performed by any employee of the city assigned to such duty by the city mayor. [Ord. 10-119 § 6, 2011.]
8.10.070 Violations – Criminal offense and penalties.
A violation of this chapter which continues unabated after notice has been given as prescribed herein shall be a class C misdemeanor ($225.00). A second violation within a 12-month period shall be a class B misdemeanor ($595.00) and the penalties set forth below shall be increased accordingly.
(1) A separate offense shall be deemed committed on each day during or on which a violation of this chapter continues unabated 10 days after the mailing of a notice pursuant to this chapter. Any person violating this provision shall be fined not less than $10.00 nor more than $595.00 for each offense and may be imprisoned in the county jail for up to 90 days. The court may order restitution.
(2) The provisions for remedying violations of this chapter are in addition to other applicable remedies, including but not limited to an action in court for an injunction.
The ordinance codified in this chapter shall become effective immediately upon publication or posting as set forth by state law. A notice of enactment of the ordinance codified in this chapter shall be published and shall be posted on the public notice website and the city website. The city council may direct that the ordinance codified in this chapter be recorded in the records of Uintah County. [Ord. 10-119 § 7, 2011.]
8.10.080 Enforcement officer.
The code enforcer of Naples City shall serve as an enforcement officer for the enforcement of this chapter. [Ord. 10-119 § 8, 2011.]