Chapter 10.56
NUISANCES
Sections:
10.56.010 List of activities and conditions which constitute a nuisance.
10.56.027 Notice, giving of – Form – Time.
10.56.030 Continuing violations.
10.56.010 List of activities and conditions which constitute a nuisance.
Nuisances include, but shall not be limited to, the following acts or conditions, which shall be:
(1) Causing or allowing garbage, waste, refuse, litter, debris or other offensive materials to collect, be deposited, or to remain in any place in the city to the annoyance of any person, unless otherwise permitted by law;
(2) Erecting, continuing, or using any building, room or any place in the city for the exercise of any trade, employment or manufacture which, by occasioning noxious exhalations, offensive odors, or other annoyances, annoys, injures or is offensive or detrimental to the health of individuals or of the public;
(3) Making or causing to be made by means of any mechanical device, or otherwise, any unnecessary noise of any kind which shall cause annoyance to a considerable number of persons;
(4) Burning of refuse or other material in such a manner as to cause or permit the smoke, ashes, soot, or gases arising from such burning to become discomforting or annoying to a considerable number of persons or to injure or endanger property, or to injure or endanger the health of any person;
(5) Any pit, basin, hole, ditch or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed or is maintained contrary to law;
(6) Any obstruction to a street or other public way which is done or is made without lawful permission, or which, having been done or made by lawful permission, is kept and maintained after its purpose has been accomplished, and for an unreasonable length of time;
(7) The keeping and harboring of any animal which, by frequent or habitual noisemaking, shall annoy or disturb a considerable number of persons;
(8) The growing, permitting, or allowing the growth of any weeds or uncultivated bushes and/or vines to exceed eight inches in height, or any rank vegetable growth which exudes unpleasant or noxious odors, in areas of the city other than those which have been, or shall be, designated as agricultural areas pursuant to the zoning ordinances of the city or those areas which are or may be designated as a special use area pursuant to CMC 10.56.026;
(9) Exterior storage, or the permitting or allowing of such storage, of any partially dismantled, wrecked, junked, discarded or otherwise nonoperating motor vehicle, except as otherwise permitted by law;
(10) The accumulation of filthy, stagnant or impure water, vegetables, decayed or decaying substances or other matter or material which may cause, or tend to cause, annoying or offensive smell or atmosphere;
(11) The carcass of any animal, or any fish or fowl, or unsound meat, or any annoying or offensive liquid;
(12) The exploding, discharging or causing to be exploded or discharged any firecracker or other explosive device except as allowed by other portions of this code;
(13) Keeping or permitting to remain outside of any dwelling, building, or other structure, or within any occupied or abandoned building, dwelling or other structure, or in any other place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, or other container which has an airtight door or lid, snap-lock or other automatic locking device which may not be released from the inside, without first removing said door or lid, snap-lock or other locking device from said refrigerator, icebox or container;
(14) The keeping of an animal or animals within the city limits of the city of Clarkston in or under conditions which create offensive odors in the vicinity in which they are kept. [Ord. 1571 § 1, 2016; Ord. 1363 § 1.0, 2003; Ord. 1048 § 1, 1988; Ord. 949, 1983.]
10.56.020 Abatement.
Whenever any police officer of the city identifies any nuisance as defined in CMC 10.56.010, such officer shall issue the owner, occupant or agent of the subject property a criminal nontraffic citation directing such owner, occupant or agent to be summoned into the municipal court of the city for violation of this section.
Additionally, the limited code enforcement officer of the city shall also investigate violations of this chapter and shall issue appropriate notices and civil infractions or refer for criminal prosecution as appropriate. The limited code enforcement officer shall reasonably attempt to give notice to the owner of record of any property identified as being in violation of this chapter. Subject to this notice, owners of record who fail to remove or abate the nuisance or cause the nuisance to be removed or abated shall be as equally liable as the occupant (if any) of the property.
If such owner, occupant or agent is subsequently convicted of a violation of this section, in addition to the penalty established in CMC 10.56.040, the city shall cause the nuisance to be removed or abated, and the cost of such removal or abatement, together with interest at the rate of one percent per month until paid, shall become a lien against the real property on which the nuisance occurred.
If a nuisance presents a serious threat to public health or safety, the city may cause the nuisance to be removed or abated prior to an adjudication of any criminal action filed regarding the nuisance. The cost of such removal or abatement, together with interest at the rate of one percent per month until paid, shall become a lien against the real property on which the nuisance occurred. [Ord. 1491 § 1, 2011; Ord. 1289 § 1, 1998; Ord. 1224 § 1.0, 1996; Ord. 1048 § 2, 1988; Ord. 958 § 2, 1984; Ord. 949, 1983.]
10.56.025 Vegetation.
At any time there is a violation of CMC 10.56.010(8), such person, firm or corporation shall be given written notice either by personal service or by certified mail, return receipt requested, that the city has determined a violation of CMC 10.56.010(8) exists. Not sooner than 72 hours from the date of the mailing or service of the notice, the city may enter upon the property on which the vegetation nuisance exists and have the nuisance removed or abated. The cost of such removal, together with interest at the rate of one percent per month shall become a lien against the real property on which the nuisance occurred. [Ord. 1048 § 3, 1988.]
10.56.026 Special use areas.
The city council may, upon request or petition, designate by resolution an area within the city as a special use area. Special use areas shall be exempt from nuisance ordinances and may be used for demonstration projects, scientific projects, special cultivation projects, or other use as the council may approve and authorize pursuant to the resolution of the council, subject to the following requirements:
(1) The request or petition for designation of a special use area shall include the following:
(a) The name of the person or organization making the request or petition;
(b) A sufficient description of the land to be so designated so that the area may be reasonably identified by location and approximate size. Said description may be construed to require a legal description by metes and bounds or by feet and inches;
(c) The special use to which the area will be subject;
(d) The purpose for that use;
(e) The intended beneficiary(ies) of the proposed use;
(f) The length of time the area will be so designated and used;
(g) A statement from the city fire chief acknowledging a review of said request or petition and what requirements, if any, should be imposed to meet fire safety requirements; and
(h) A statement identifying whether any other actions will be taken by the requestor or petitioner to prevent harm or damage to neighboring land owners.
(2) The city council shall hold a public hearing before taking any action on the request or petition for a special use area. Notice of the public hearing shall be conspicuously posted on the perimeter of the area proposed to be so designated for not less than 72 hours prior to the public hearing and adjoining land owners’ most recent known addresses not less than five business days prior to said hearing.
(3) The city council may by resolution approve all or part of the request or petition for designation of a special use area and may, at the city council’s sole discretion, require implementation of such measures as city council may deem necessary for safety, aesthetic or other reason. [Ord. 1363 § 1.1, 2003.]
10.56.027 Notice, giving of – Form – Time.
(1) When an officer (either police officer or limited code enforcement officer) identifies a nuisance as defined in CMC 10.56.010, the officer shall notify the owner, occupant or agent of the condition and the duty to remove or abate the condition. If the owner, occupant or agent fails to remove or abate the condition within five business days, criminal charges may be issued.
(2) If notice required under subsection (1) of this section is given to the occupant who is not the owner of the property, prior to criminal charges being issued, notice shall be sent to the owner or registered agent for the property informing them of the offending condition and that there may be civil and/or criminal penalties if the condition is not removed or abated.
(3) Notice may be mailed (allowing three days for delivery), personally served, or posted upon the property in a conspicuous place. When the property is not owner-occupied, service upon the owner or registered agent shall be by mail or personal service.
(a) Notice shall be reasonably calculated to advise the owner, occupant or agent of the property address, offending condition, their duty to remove or abate the condition, the date by which removal or abatement must be complete, and the sanctions which may be imposed. [Ord. 1491 § 1, 2011.]
10.56.030 Continuing violations.
Each day a violation of this chapter continues constitutes a separate offense. [Ord. 1289 § 1, 1998; Ord. 949, 1983.]
10.56.040 Penalty.
Any person, firm or corporation found to be in violation of the provisions of this chapter for the first time, in addition to any abatement action authorized under CMC 10.56.020, shall be fined up to $1,000 and ordered to spend up to 90 days in jail. Second and subsequent violations by any person, firm or corporation, whether at the same location or at different locations, shall be gross misdemeanors punishable by fines of up to $5,000 and incarceration in jail of up to one year. [Ord. 1491 § 1, 2011; Ord. 1289 § 1, 1998; Ord. 949, 1983.]