Chapter 8.10
PUBLIC NUISANCE ABATEMENT
Sections:
8.10.010 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
A. “Abate” means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the director determines is necessary in the interest of general health, safety and welfare of the community.
B. “Director” means the director of the department of planning and community development or an alternate.
C. “Building materials” means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.
D. “Person” means an individual firm, association, partnership, corporation or any other entity, public or private.
E. “Premises” means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips and any lake, river, stream, drainage way or wetland. (Ord. 38 § 1, 1994).
8.10.020 Prohibited conduct.
It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any premises, any of the acts or things declared in NMC 8.10.030 to be a public nuisance. (Ord. 38 § 2, 1994).
8.10.030 Types of nuisances.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the director determines that any of these conditions exist upon any premises, the director may provide for the abatement thereof and monetary penalties may be assessed pursuant to the city’s enforcement ordinance:
A. The existence of any trash, dirt, filth, the carcass of any animal, accumulation of yard trimmings or other matter which is offensive to a reasonable person; except for such yard debris that is properly contained for the purpose of composting; or
B. Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any premises, which may be viewed or smelled from without the premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things:
1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles, or
2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are malodorous, or
3. Any accumulation of material including, but not limited to bottles, cans, glass, plastic, ashes, scrap metal, wire bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, litter, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, packing hay, straw or other packing material or building materials on any premises, which not properly stored or neatly piled is offensive to a reasonable person, or in which flies or rats may breed or multiply; or
C. The existence of any fence or other structure on private property abutting or fronting upon any public street, sidewalk or place which is in a fallen, decayed or other dilapidated or unsafe condition; or
D. The existence of wrecked or disassembled vehicles, including trailers, house trailers, boats, tractors or other vehicle, wrecked or disassembled appliances or machinery of any kind, or any major parts thereof; or
E. The existence on any premises of any abandoned or unused well, pit, shaft, cistern or storage tank without first demolishing or removing from the premises such storage tank, or securely closing and barring any entrance or trapdoor thereto or without filling any well, pit, shaft or cistern or capping the same with sufficient security to prevent access thereto; or
F. The existence in a place accessible to children of any attractive nuisance dangerous to children, including but not limited to any abandoned, broken or neglected equipment, machinery, refrigerator, freezer, or other large appliance. (Ord. 38 § 3, 1994).
8.10.040 Violation – Penalty.
A. Any violation of any provision of this chapter constitutes a civil violation under the city’s enforcement ordinance for which a monetary penalty may be assessed and abatement may be required as provided therein.
B. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor in accordance with Chapter 1.10 NMC. (Ord. 38 § 4, 1994).