Chapter 8.04
NUISANCES
Sections:
8.04.020 Designation of nuisances.
8.04.030 Notice to violator – Abatement of nuisance.
8.04.040 Violation – Examination of premises.
8.04.050 Chapter violations – Removal of debris.
8.04.060 Separate offense for each day of violation.
8.04.010 Nuisance defined.
“Nuisance,” for the purposes of this chapter, means:
A. Any condition or use of premises or of buildings which is detrimental to or damages the property of another or which causes or tends to cause substantial diminution in the value of other property in the city or neighborhood in which such premises or buildings are located, although the extent of the detriment, damages or diminution may be unequal; or
B. Doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or interferes with, obstructs or tends to obstruct or renders dangerous for passage any waterway, public park, square, street, alley, sidewalk or highway in the city, or in any way renders other persons insecure in life, or in the use of property. [Ord. 89-19 § 1, 1990].
8.04.020 Designation of nuisances.
Nuisances include, but shall not be limited to, the following acts or conditions, which acts or conditions are nuisances:
A. Refuse, including all sweepings, cleanings, trash, dirt, garbage, industrial or domestic waste, discarded food, animal and vegetable matter, cans, bottles, trees or shrub trimmings, grass clippings or other yard wastes, wood, stone, brick, plaster, or buildings or structures, or any other waste substance which may become a nuisance;
B. Ashes consisting of cinders or residue from combustion of coal, coke, wood or other combustible material;
C. Junk, including old appliances, or parts thereof, iron, or metal, glass, cardboard, lumber, wood, mattresses and other cloth or plastic materials;
D. Litter, including paper, waste and other discarded material;
E. The closing of any street or alley unlawfully, or the partial obstruction thereof;
F. The closing of any public sidewalk unlawfully, or the partial obstruction thereof;
G. The accumulation of filth, including stagnant or impure water, vegetables, decayed or decaying substances, or other matter or material, which may cause, or tend to cause, or create a noisome or offensive smell or atmosphere;
H. The keeping, casting or leaving of any cans, bottles, glass, tacks, refuse, junk or litter upon any street, sidewalk, alley, public square or park;
I. The use or maintenance of any privy in such a condition as to cause a noisome or offensive smell or atmosphere;
J. Slaughterhouses, markets, cellars, stores, wholesale or retail establishments, or other buildings or structures or places which are not kept clean and free from filthy, putrid or offensive substances, or substances or deposits which may engender or cause disease;
K. The carcass of any animal, or any fish or fowl, or unsound meat, or any noisome or offensive liquid; or the accumulation of animal waste that causes noisome or offensive smell or atmosphere;
L. Leaving open any ditch or excavation upon public property which is dangerous to life and limb, unless there is a sign visible from 60 feet marked “dangerous” and marked at night with an appropriate light;
M. The exploding, discharging or causing to be exploded or discharged any firecracker or other explosive device;
N. The growing, permitting or allowing the growth of any weeds or uncultivated bushes and/or vines to exceed one foot in height, or any rank vegetable growth which exudes unpleasant or noxious odors, in areas of the city other than those areas which have been, or shall be, designated as agricultural areas or green belts, pursuant to the zoning ordinance of the city of Castle Rock, and the growing, permitting or allowing the growth of tansy ragwort within the city limits of Castle Rock;
O. Exterior storage, or the permitting or allowing of such storage, of any partially dismantled, wrecked, junked, discarded or otherwise nonoperating motor vehicle, unless the same is stored so as not to be readily visible from any public place or from any surrounding private property, or incidental to a lawful business;
P. The existence of any places which are likely to attract flies, mosquitoes, and vermin, or which are foul or malodorous, including, but not limited to, privies, vaults, cesspools, sumps and pits. [Ord. 2023-07, 2023; Ord. 89-19 § 2, 1990].
8.04.030 Notice to violator – Abatement of nuisance.
Before any person, firm or corporation is charged with a violation of CRMC 8.04.020(C), (D), (I), (J), (L), (N) or (O), such person, firm or corporation shall be given a written notice either by personal service or by certified mail, return receipt requested, that a complaint for the causing, keeping or maintenance of a nuisance is contemplated, and by said notice such person, firm or corporation shall have not less than 14 days from the date of notice to remove or abate the nuisance. A true and correct copy of such notice, together with proof of service thereof, shall be kept and filed in court with any complaint filed. If such person, firm or corporation is, after the filing of a complaint therefor, convicted of a violation of this chapter, the person issuing the notice shall cause the nuisance to be removed or abated and the cost thereof, together with interest to accrue at the rate of one percent a month until paid, shall become a lien against the real property on which the nuisance occurred. The notice required herein may be given by any public safety officer. This section shall not prevent the summary abatement by any public safety officer of a serious threat to health or safety, nor support a damage claim resulting from such abatement. [Ord. 89-19 § 3, 1990].
8.04.040 Violation – Examination of premises.
Whenever it shall come to the knowledge of a public safety officer that any nuisance as defined in CRMC 8.04.020(A), (B), (F), (G), (H) or (K) is being caused, kept or maintained, such public safety officer shall immediately make or cause to be made an examination of the yard, lot, building, structure or premises on which such nuisance is allowed or permitted to be, or if a nuisance is found to exist thereon, or to exist in or upon any street, alley, sidewalk, park or square adjacent to or abutting upon said yard, lot, building, structure or premises, unless it shall be necessary in order to abate such nuisance to fill up or drain the property on which the same is situated, such public safety officer shall forthwith give or cause to be given to the owner, occupant or agent thereof a notice to remove or abate such nuisance. If such nuisance shall not be abated or removed within 24 hours after such notice, the public safety officer shall cause the owner, occupant or agent thereof to be summoned into the municipal court of the city for violation hereof. If such owner, occupant or agent thereof is thereupon convicted of a violation hereof, the public safety officer shall cause the nuisance to be removed or abated, and the cost thereof, together with interest to accrue at the rate of one percent per month until paid, shall become a lien against the real property on which the nuisance occurred. This section shall not prevent the summary abatement by any public safety officer of a serious threat to health or safety, nor support a damage claim resulting from such abatement. [Ord. 89-19 § 4, 1990].
8.04.050 Chapter violations – Removal of debris.
Any person, firm or corporation violating the provisions of this chapter, in addition to any penalty as provided in CRMC 8.04.060, may, in the sound discretion of the court in which conviction is obtained, be directed by the court to abate and remove from any public street or highway or public or private right-of-way, or public park, or any private property any or all debris and waste deposited thereof by anyone prior to the date of said conviction. [Ord. 89-19 § 5, 1990].
8.04.060 Separate offense for each day of violation.
Each day a violation of this chapter continues shall constitute a separate offense hereunder. [Ord. 89-19 § 6, 1990].