Chapter 8.20
PROVISIONS ON JUNK, REFUSE AND WEEDS
Sections:
8.20.030 Unlawful to store junk or litter on privately owned property.
8.20.040 Unlawful to allow uncontrolled growth of weeds.
8.20.050 Unlawful to leave or throw refuse in certain places.
8.20.070 Certain businesses exempted.
8.20.090 Order of abatement in case of nuisance.
8.20.010 Findings.
The findings and recitals found in the preliminary paragraph of Ordinance 859 NS are hereby found to be true and correct and the same are hereby adopted as the express findings of this legislative body. (Ord. 859 NS § 1, 1981).
8.20.020 Definitions.
For the purposes of this chapter, the following words are defined:
A. “Junk” includes all old appliances or parts thereof, all old iron or other metal, inoperable automobiles or parts thereof, grass, cardboard, old lumber, old wood, and old mattresses.
B. “Litter” includes all other waste, paper and discarded material.
C. “Refuse” includes all trash, dirt, garbage, discarded food, animal and vegetable matter, cans, and ashes.
D. “Weed” is any undesired, uncultivated plant growing in profusion including grasses. (Ord. 859 NS § 5, 1981).
8.20.030 Unlawful to store junk or litter on privately owned property.
It is hereby made unlawful for any person to keep or store any junk, refuse, or litter, on any privately owned property within the city, or to keep or store the same in a building that is not wholly enclosed, except for doors for ingress and egress, and any person violating this section shall be guilty of maintaining a nuisance. (Ord. 859 NS § 2, 1981).
8.20.040 Unlawful to allow uncontrolled growth of weeds.
It is hereby made unlawful for any person to allow uncontrolled growth of weeds and/or grass upon public or private property and any person violating this section shall be guilty of maintaining a nuisance. (Ord. 859 NS § 3, 1981).
8.20.050 Unlawful to leave or throw refuse in certain places.
It is hereby made unlawful for any person to throw, to drop or to leave any junk, refuse, or litter upon any public property or another person’s private property in this city, or in any waters within the city boundaries; provided, that this section shall not apply if such property is designated by the state or any of its agencies or political subdivisions for the disposal of garbage and refuse or the material is deposited into a litter receptacle or container installed for such purposes. (Ord. 859 NS § 4, 1981).
8.20.060 Notice requirements.
A. Before any person may be charged with a violation of CMC 8.20.030 through 8.20.050, a notice shall have been mailed by registered mail notifying the person that a complaint is contemplated and that a person shall have 10 days from the date of mailing said notice to cause the removal of said nuisance.
B. Failure to accept or receive said notice shall not be a defense against any prosecution under this chapter.
C. Copies of such letters shall be kept and filed in court along with any complaint filed. This section shall not prevent the summary abatement by any public officer of a serious threat to safety, nor support a damage claim resulting from such abatement. (Ord. 859 NS § 6, 1981).
8.20.070 Certain businesses exempted.
This chapter shall not apply to any automobile business located in a proper zone under the zoning ordinance where all junk and wrecked cars are screened behind proper fences, nor shall it apply to any appliance dealer who is operating legally in a proper zone, nor to material stored on premises of any business enterprise for use in connection with such enterprise so long as such enterprise is conducted in accordance with zoning and other ordinances. (Ord. 859 NS § 7, 1981).
8.20.080 Violation – Penalty.
Any violation of this chapter shall constitute a civil infraction and shall be enforced under the civil enforcement provisions of Chapter 1.10 CMC. The building and planning department administrative official, or a designee of the administrative official, shall have the authority to enforce the provisions of this chapter. (Ord. 1401 NS § 1, 2008).
8.20.090 Order of abatement in case of nuisance.
If the existence of a nuisance is established in an action under this chapter, an order of abatement shall be entered as part of the judgment in the case, which order shall direct the removal of the nuisance and further may provide, if not removed within five days for the removal by the city or its agents. Said order shall further direct that in the event said nuisance is removed by the city or its agents, that the city shall be entitled to charge and receive a reasonable sum allowed by the court and a judgment shall be entered against said person for said amount. (Ord. 859 NS § 9, 1981).