Chapter 9.84 PUBLIC NUISANCES

A public nuisance is a crime against the order and economy of the city. Every building, place or premises shall be declared a public nuisance wherein:

(A) Any unlawful gambling, swindling game or device, bookmaking, pool selling or any agency therefor shall be conducted, or any article, apparatus or device useful therefor shall be kept;

(B) Any unlawful fighting between persons or animals or birds shall be conducted;

(D) Vagrants resort. [Ord. 859 § 18, 2013; Ord. 279 § 21.01, 1980)

9.84.020 Acts or omissions.

Every act done and every omission to perform a duty shall be declared a public nuisance, which act or omission:

(A) Shall annoy, injure or endanger the safety, health, comfort or repose of any considerable number of persons; or

(B) Shall offend public decency; or

(C) Shall unlawfully interfere with, befoul, obstruct or tend to obstruct or render dangerous for passage a public park, square, street, alley, sidewalk, highway or river; or

(D) Shall in any way render a considerable number of persons insecure in life or the use of property. [Ord. 859 § 18, 2013; Ord. 279 § 21.01, 1980.]

9.84.030 Forced abatement.

If within 10 days after receiving a notice in writing for the abatement of any nuisance under this chapter, signed by the police chief or his authorized representative, the property owner or person committing the public nuisance shall fail, neglect or refuse to remove or abate the same, such nuisance may be removed or abated by the city, and the property owner or person committing the public nuisance, in addition to incurring the penalty provided in this chapter, shall become indebted to the city for the damages, costs and charges incurred by the city in the removal of such nuisance, such costs and charges plus reasonable interest to be recovered as a personal obligation of the property owner or person committing the public nuisance and/or as a lien against the property. [Ord. 859 § 18, 2013; Ord. 782 § 3, 2009; Ord. 279 § 21.03, 1980.]

9.84.040 Maintaining or permitting nuisance.

Every person who shall commit or maintain a public nuisance, for which no special punishment is prescribed, or who shall willfully omit or refuse to perform any legal duty relating to the removal of such nuisance, and every person who shall let, or permit to be used, any building or boat, or portion thereof, knowing that it is intended to be or is being used for committing or maintaining any such nuisance shall be guilty of a misdemeanor. In addition to such fine, such person shall be ordered to abate the nuisance at such person’s cost. [Ord. 859 § 18, 2013; Ord. 279 § 21.05, 1980.]

9.84.050 Keeping explosives unlawfully.

Every person who shall make or keep any explosive or combustible substance in the city, or carry it through the streets thereof, in a quantity or careless, negligent or unauthorized use or management of any such explosive or combustible substance, shall injure or cause injury to the person or property of another, shall have committed a public nuisance. [Ord. 859 § 18, 2013; Ord. 279 § 21.05, 1980.]

9.84.060 Smoking where prohibited.

Repealed by Ord. 859. [Ord. 279 § 21.06, 1980.]

9.84.070 Disposal of diseased animal’s carcass.

See GFMC 8.04.330. [Ord. 859 § 18, 2013; Ord. 279 § 21.07, 1980.]

9.84.080 Discarded iceboxes and refrigerators.

Repealed by Ord. 859. [Ord. 279 § 21.08, 1980.]

9.84.090 Abandoned wells and cisterns.

It shall be unlawful for any person to abandon or discontinue use of or to permit or to maintain on any premises any abandoned or unused well, cistern, or storage tank, without complying with state and federal laws relating to the demolishing or removing from the city such storage tank or securely closing and barring any entrance or trap door thereto, or filling any well or cistern or capping the same with sufficient security to prevent access thereto by children. In addition to any state or federal violations, any violation of this section shall be deemed a public nuisance. [Ord. 859 § 18, 2013; Ord. 279 § 21.08, 1980.]

9.84.100 Detriments to health.

Every person who:

(A) Shall throw, place, leave or cause to permit to be thrown, placed or left any substance detrimental to health, or any ashes, dirt, filth, cans, glass, rubbish, garbage, decaying animal matter or vegetable matter, or any animal or human excrement or septic tank effluent, in or upon any street, alley, avenue or sidewalk in the city of Granite Falls, or in or upon premises owned, occupied or controlled by such person, or by another; or

(B) Shall throw, place, leave, or cause to be placed, thrown or left in or upon any street, alley, avenue or sidewalk of the city, any waste paper; or

(C) Shall expectorate on the floor of any public building or in any hall or entrance, or any place where entertainments or meetings are held, or on any sidewalk in the city of Granite Falls;

shall be guilty of committing a public nuisance. [Ord. 859 § 18, 2013; Ord. 279 § 21.10, 1980.]

9.84.110 Exposed fires.

No person shall kindle, maintain or assist in maintaining any bonfire or other exposed fire within the city, excepting with written permission from the chief of the fire department and under such proper safeguards as the chief may direct as to time and weather conditions and on condition such permit carries an obligation on the part of the grantee to keep a sufficient safe control of said fire, and to be made responsible for all damages therefrom, and that all resultant embers shall be extinguished and the hot ashes removed or wet down at the close of said fire. [Ord. 859 § 18, 2013; Ord. 155 § 4, 1941.]

9.84.120 Graffiti.

Every person who allows, permits or maintains any writing, painting or drawing upon any wall, rock, bridge, building, fence, gate or other structure, tree, or other real or personal property, either publicly or privately owned, any drawing, inscription, figure or mark of the type which is commonly known and referred to as “graffiti” within the city shall be guilty of committing a public nuisance. “Graffiti” means the defacing, damaging or destroying by spraying of paint or marking of ink, chalk, dye or other similar substances on public or private buildings, structures and places. [Ord. 859 § 18, 2013; Ord. 782 § 1, 2009.]

9.84.130 Appeal.

(A) The city council shall hear all appeals taken from the administration of this chapter; provided, that the council may delegate the appeal to an appointed hearing officer whose decision shall be the final decision of the city. The council or hearing officer shall hear evidence presented by the enforcement officer and by the person appealing the notice of removal or abatement.

(B) Appeal Procedure.

(1) All appeals shall be filed in writing with the city clerk. All appeals must be filed within 10 days of the date of receiving the notice for removal or abatement from the police chief under GFMC 9.84.030.

(2) All appeals shall contain the following:

(a) The names of the appellants participating in the appeal.

(b) A brief statement setting forth the action protested and the reason why it is claimed such protested action should be reversed, modified or otherwise set aside.

(d) Verification, by declaration under penalty of perjury, of at least on appellant of the truth of the matter stated in the appeal. Upon receiving the appeal, the city clerk shall transmit the same to the city council as provided herein.

(3) Failure of any person to file a timely appeal or failure of any person who has filed an appeal to attend the scheduled hearing shall constitute a waiver of his or her right to an appeal hearing.

(4) A copy of the final order of the city council or hearing officer shall be mailed to or personally served on the appellant(s) within three working days following the entry of a written order under this section.

(5) If the final order upholds the notice of removal or abatement, the public nuisance must be removed or abated within 10 days of receiving the final order or within such other time period as set forth in the order. If the public nuisance is not removed or abated within said time period, the city may proceed with the removal or abatement as provided in this chapter. [Ord. 859 § 18, 2013; Ord. 782 § 2, 2009.]