Home | Title | Previous | Next

 

Chapter 8.20
NUISANCES

Sections:

8.20.010    Public nuisances designated—Acts prohibited.

8.20.020    Enumerated—Acts prohibited in all zones.

8.20.030    Enumerated—Acts prohibited in all zones except heavy and special industrial.

8.20.040    Junk vehicles.

8.20.050    Noise.

8.20.060    Emission of dense smoke.

8.20.070    Escape of soot, cinders, etc.

8.20.080    Abatement—Commencement of proceedings.

8.20.090    Abatement—Standards to be followed.

8.20.100    Abatement—Notice and order.

8.20.110    Abatement—Notice and order—Recordation.

8.20.120    Abatement—Notice and order—Extension of time limit.

8.20.130    Abatement—Notice and order—Posting.

8.20.140    Abatement—Enforcement of order—Generally.

8.20.150    Abatement—Enforcement of order—Procedure—Costs.

8.20.160    Abatement—Enforcement of order—Interference prohibited.

8.20.170    Abatement—Recovery of costs.

8.20.180    Abatement—Appeal.

8.20.190    Appeal to the planning and zoning commission.

8.20.200    Appeal to the board of adjustment.

8.20.210    Appeal to superior court.

8.20.220    Summary abatement in emergency.

8.20.230    Remedies.

 

8.20.010 Public nuisances designated—Acts prohibited.

A.    Public nuisances shall include but not be limited to whatever is forbidden by any provision of this chapter.

B.    It is unlawful for any person to commit, create or maintain any public nuisance enumerated in this chapter. (Ord. 11-02 § 1 (part): Ord. 05-05 § 1: prior code § 16-1)

8.20.020 Enumerated—Acts prohibited in all zones.

The following acts and conditions shall constitute a public nuisance in all zones:

A.    Whatever injures or endangers the safety, health, comfort or repose of the public, offends public decency, interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream, or in any way renders the public insecure in life or property;

B.    Noise exceeding the prescribed decibel levels set forth in Section 8.20.050;

C.    Disposing of any refuse, garbage, manure, waste or other materials except at refuse disposal sites which have been approved and are supervised by the state health officer, or city manager, and which are clearly marked for such purpose;

D.    Dumping, abandoning, throwing, scattering or transporting anything in such manner as to cause the littering of any street, alley or public place, or of any private property not his/her own, or as to cause the obstruction of any ditch, drain or gutter, except as permitted in refuse disposal sites under subsection C of this section;

E.    Knowingly or wantonly operating or causing to be operated any machine, device or apparatus of any kind whatsoever within the corporate limits of the city between the hours of ten a.m. and twelve midnight, the operation of which shall cause reasonably preventable electrical interference in the operation of any radio or television receiving set or with radio or television reception within the city, except that X-ray pictures, examinations or treatment may be made at any time if the machines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonably preventable interference with such radio or television reception, and are not negligently operated;

F.    Any well, swimming pool or other dangerous excavation in the earth kept, maintained or permitted in an uncovered, unprotected, unfenced or inadequately fenced or otherwise dangerous or unsafe condition within the city;

G.    Buildings which are unoccupied and open to ingress and egress and which should be locked up, boarded up or otherwise secured from ingress or egress;

H.    Unoccupied buildings in a rotten or warped condition;

I.    Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

J.    Overgrown vegetation causing detriment to neighboring properties or property values;

K.    Dead trees, weeds or debris:

1.    Constituting unsightly appearance, or

2.    Dangerous to public safety and welfare, or

3.    Detrimental to nearby property or property values;

L.    Attractive nuisances dangerous to children in the form of:

1.    Abandoned and broken equipment, or

2.    Hazardous pools, ponds and excavations, or

3.    Neglected machinery, or

4.    Abandoned refrigerators, or

5.    Abandoned automobiles or cabinets;

M.    Broken or discarded furniture and household equipment in yard areas for unreasonable periods, seven days being prima facie evidence of an unreasonable period;

N.    Clotheslines in front yard areas;

O.    Neglect of premises:

1.    To spite neighbors, or

2.    To influence zone changes, or

3.    To cause detrimental effect upon nearby property of property values;

P.    Property including but not limited to building exteriors which is maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that such property causes appreciable diminution of the property values of surrounding property or is materially detrimental to nearby properties and improvements. This includes but is not limited to the keeping or disposing of or scattering over the property or premises of any of the following:

1.    Lumber, junk, trash or debris, or

2.    Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers, or

3.    Stagnant water or excavations, or

4.    Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or its inappropriate location;

Q.    Dumping, pumping, placing, throwing or discharging any oil, bilge waters, refuse, garbage, or debris in the Valdez Small Boat Harbor, waters of Valdez Arm or the waters of Port Valdez within the city. (Ord. 11-02 § 1 (part): Ord. 05-05 § 2: prior code § 16-2)

8.20.030 Enumerated—Acts prohibited in all zones except heavy and special industrial.

The following acts and conditions shall constitute a public nuisance in all zones except industrial:

A.    Trailers, campers, boats and other mobile equipment stored for unreasonable periods in unsheltered front yard areas, thirty days being prima facie evidence of an unreasonable period;

B.    Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods, seven days being prima facie evidence of an unreasonable period. (Ord. 11-02 § 1 (part): Ord. 05-05 § 3: prior code § 16-3)

8.20.040 Junk vehicles.

A.    It is unlawful for any person to place upon public property not set aside by law as a refuse disposal, or upon any private property, except licensed junk yards, any wrecked, junked or abandoned vehicle.

B.    It is unlawful for any owner, lessee, agent, tenant or occupant to allow or permit to remain on any property owned or controlled by him, except licensed junk yards, any wrecked, junked or abandoned vehicle.

C.    Any violation of subsection A or B of this section shall constitute a public nuisance. The costs of abatement may be charged or assessed by the city council as provided by Section 8.20.150(B) against any or all of the following:

1.    The vehicle;

2.    The registered owner of the vehicle;

3.    Any person who has acquired the right to possession of the vehicle from or through the registered owner;

4.    Any person in violation of subsection A or B of this section;

5.    The owner, lessee, agent, tenant or person in control of the property where the vehicle was situated at the time of the notice to abate.

D.    As used in this section:

1.    The term “abandoned” includes any vehicle which, at the time of the notice of abandonment, cannot be operated as a motor vehicle in compliance with the laws of the state because of mechanical failure or condition.

2.    The term “vehicle” means any motor vehicle as defined in this code and includes any body or part of any such motor vehicle.

E.    A person having upon his premises an abandoned vehicle which is in need only of reasonable repairs and is without available funds to obtain the required license or to make such repairs may apply to the city manager for a permit to keep the vehicle upon the premises. (Ord. 11-02 § 1 (part): prior code § 16-4)

8.20.050 Noise.

A.    Intent. It is the intent of this section to endeavor to provide citizens with an environment free from such excess sounds or noise as may jeopardize their health, welfare and safety, or degrade the quality of life.

B.    Definitions. For the purposes of this chapter:

“dB(A)” shall mean a measure of sound pressure level in decibels on the A-weighted scale.

“Decibel meter” shall mean an instrument to measure decibels which meets or exceeds American National Standards Institute (ANSI) Section 1.4 or the latest approved revision thereof.

“Device” shall mean any mechanism which is intended to produce or which actually produces sound when operated or handled.

“Noise” shall mean any sound which exceeds the prescribed decibel levels at a time and location described in this section.

“Sound-amplifying equipment” shall mean any machine or device for the amplification of the human voice, music or any other sound or noise.

C.    Noise in Residential Districts.

1.    General Restriction. It shall be unlawful for any person to use, operate, or emit or permit to be used, operated or emitted any source of sound which produces or reproduces sound either stationary or mobile in such a manner so as to create any sound or noise which exceeds sixty dB(A) during the hours of seven a.m. until ten p.m. or which exceeds fifty dB(A) from ten p.m. until seven a.m. when measured at or within the boundary of the property on which the sound is received.

2.    Responsibility for Creation of Noise. Any person creating any such sound or noise as described in this section and/or anyone permitting such a sound or noise to be created in, or emanate from, any premises under his care, custody and control shall be presumed responsible for any such sound or noise.

D.    Exceptions.

1.    Emergency and Public Work. Noise or sound created in the performance of public service by governmental agencies or their contractors while performing snow removal services; or emergency work engaged in by persons for the public safety, health or welfare; or to restore property to a safe condition following a public emergency; or work to restore essential public services, including construction activities directly related to the abatement of any emergency, shall not be subject to the provisions of this section.

2.    Noises from Authorized Activities. The prohibitions of this section shall not apply to air traffic, parades, cultural events, athletic games, fairs, or functions approved by the city.

3.    Sirens, Horns and Whistles. The provisions of this section shall not apply to any siren, whistle, horn or bell used by emergency vehicles or civil defense or used by motor vehicles as warning devices to avoid collisions.

4.    Bells or Chimes. The provisions of this section shall not apply to any bell or chimes, or any device for the production or reproduction of the sound thereof, which are associated with a clock or time-keeping device, church or school.

5.    Burglar Alarms. The provisions of this section shall not apply to any burglar alarm or security device; provided, however, no burglar alarm or security device shall sound for more than fifteen minutes after being activated.

6.    Construction Activity or Equipment. The provisions of this section shall not apply to any construction activity or equipment operated between the hours of seven a.m. and ten p.m.

7.    Residential Power Tools and Equipment. The provisions of this section shall not apply to any residential power tools and equipment operated between the hours of seven a.m. and ten p.m.

8.    Vessels. The provisions of this section shall not apply to the operation of any boat or vessel.

9.    Motor Vehicles. The provisions of this section shall not apply to the normal and usual operation of motor vehicles.

10.    Residential/Commercial Snow Removal Activity or Equipment. Noise or sound created in the performance of residential/commercial snow removal by property owners or their contractors.

E.    Noise on Public Streets Generally. It shall be unlawful for any person to use, operate, or permit to be used or operated in or on a parked or moving motor vehicle any sound-amplifying equipment producing sound that is clearly audible at twenty-five feet or more from the motor vehicle on any public street or right-of-way within city limits.

F.    Temporary Waiver Permits. If the applicant can show to the city manager or his designee that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this chapter may be issued, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be of as short duration as possible, up to six months, but renewable upon a showing of good cause, and shall be conditioned by a schedule for compliance and details of methods therefor in appropriate cases. Any person aggrieved with the decision of the city manager or his designee may appeal to the city council. (Ord. 11-02 § 1 (part): Ord. 09-06 § 1: Ord. 05-05 § 4: prior code § 16-5)

8.20.060 Emission of dense smoke.

A.    Prohibited—Exceptions. It is unlawful for any person to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No. 2 on the Ringlemann Chart. The emission of any such dense smoke is declared to be a public nuisance and may be summarily abated by the abatement official. This section shall not apply to:

1.    The circumstance when a firebox, furnace, boiler, locomotive or other fuel-consuming device is being cleaned out and a new fire is being built therein, in which event the smoke of a density greater than that described on the Ringlemann Chart shall be permitted for a period of not to exceed six minutes in any single period of sixty minutes;

2.    Smoke from fires set by or permitted by any official if such fire is set or permission given in the performance of the official duties of such officer, and such fire in the opinion of such officer is necessary:

a.    For the purpose of the prevention of a fire hazard which cannot be abated by any other means,

b.    For the instruction of public employees in the methods of firefighting.

B.    Ringlemann Chart.

1.    The Ringlemann Chart is a chart which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring smoke density.

2.    The Ringlemann number is the number appearing on the Ringlemann Chart described by the observer to the density of smoke emission.

3.    The use of the chart will be made by placing it at such distance from the observer so that the smoke appears as even shades of coloring or when no white spaces between the lines are visible. Measurements shall be taken at the point of greatest density, which will usually be at the point of emission. Comparison of the smoke and observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall be not less than one hundred feet nor more than one-quarter mile from the smoke observed.

4.    Where the density or opacity of the smoke as observed falls between two consecutive Ringlemann numbers, the lower Ringlemann number shall be considered the density of the smoke observed. (Ord. 11-02 § 1 (part): prior code § 16-6)

8.20.070 Escape of soot, cinders, etc.

A.    Dangers to Public Health.

1.    It is unlawful for any person to permit or cause the escape of such quantities of soot, cinders, noxious acids, fumes and gases in such place or manner as to:

a.    Be detrimental to any person or the public;

b.    Endanger the health, comfort and safety of any such person or of the public;

c.    Cause or have a tendency to cause injury or damage to property or business.

2.    The escape of such matter is declared to be a public nuisance and may be summarily abated by the abatement official.

B.    Definitions. “Cinders,” “dust,” “fly ash,” “noxious acids,” “fumes” and “gases” as used in this section shall be considered to be all matter other than dense smoke, including smoke, cinders, dust and soot formed as the result of the combustion of fuels which are carried in the gas streams so as to reach the external air and which have not been completely consumed by the combustion process. (Ord. 11-02 § 1 (part): prior code § 16-7)

8.20.080 Abatement—Commencement of proceedings.

The city manager, community and economic development director, fire chief, police chief or their designated representatives are authorized to enforce the provisions of this chapter. When used in this chapter, “abatement official” shall include these officials or their designated representatives.

Whenever the abatement official has inspected any activity, condition or property and has found and determined that such activity, condition or property constitutes a public nuisance, he shall commence proceedings to have the public nuisance abated by rehabilitation, repair or other appropriate action. The procedures set forth in this chapter shall not in any manner limit or restrict the city from enforcing city ordinances or abating public nuisances in any other manner provided by law or by the common law. (Ord. 11-02 § 1 (part): Ord. 05-05 § 5: prior code § 16-8)

8.20.090 Abatement—Standards to be followed.

The abatement official, and the board of appeals if an appeal is taken, shall order the means best calculated to abate wholly the nuisance with the least costs of abatement, and demolition shall not be ordered if repair or removal may accomplish the abatement. (Ord. 11-02 § 1 (part): prior code § 16-9)

8.20.100 Abatement—Notice and order.

A.    Issuance—Contents. The abatement official shall issue a notice and order directly to the record owners of the affected property, or the person committing, creating or maintaining the public nuisance. The notice and order shall contain:

1.    The street address and legal description sufficient for identification of the affected property;

2.    The statement that the abatement official has found the property affected with a public nuisance with a brief and concise description of the public nuisance as defined in this chapter;

3.    A statement of the action required to be taken as determined by the abatement official to abate the public nuisance by rehabilitation, repair, demolition or other action sufficient to cause the nuisance to be wholly abated;

4.    A statement advising that if any required abatement is not commenced or completed within the time specified, the abatement official may either:

a.    Proceed to cause the necessary work to be done and charge the cost thereof against the property or its owner; or

b.    As provided by AS 29.25.070, submit to the court an application for action to enjoin the violation. On application for injunctive relief and a finding of a violation or a threatened violation, the superior court shall grant the injunction.

5.    Statements advising:

a.    That any person having record title or legal interests in the property may appeal from the notice and order by filing with the city clerk within fifteen days (unless such abatement will materially affect a building or structure permanently attached to real property, in which case thirty days shall be allowed) from the date of service of such notice and order an appeal in writing in accordance with the appeal procedure as provided in Sections 8.20.180 through 8.20.210; and

b.    Failure to appeal will constitute a waiver of all right to administrative hearing and determination of the order, and will result in the abatement official proceeding with the remedies provided in subsections (A)(4)(a) and (b) of this section.

B.    Service of Notice and Order.

1.    The notice and order and any amended or supplemental notice and order shall be served upon the record owner and posted on the property affected by the public nuisance, and one copy thereof shall be served on each of the following if known to the abatement official or disclosed from official public records:

a.    The holder of any mortgage or deed of trust or other lien or encumbrance of record;

b.    The owner or holder of any lease of record;

c.    The owner of any other estate or legal interest of record in or to the property affected by the public nuisance.

2.    The failure of the abatement official to serve any person required to be served shall not invalidate any proceedings herein as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section. No notice is required for abatement of a public nuisance occurring on the public streets and rights-of-way, city properties and parks, or for summary abatement when permitted.

C.    Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by registered or certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the city or as known to the abatement official. If no address of any such person so appears or is known to the abatement official, any copies of notice or order shall be so mailed addressed to such person, at the address of the property involved in these proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified or registered mail in the manner provided in this section shall be effective on the date of mailing.

D.    Proof of Service. Proof of service of the notice and order shall be certified to at the time of the service by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned as acknowledgement of receipt by certified or registered mail, shall be affixed to the copy of the notice and order retained by the abatement official. (Ord. 11-02 § 1 (part): prior code § 16-10)

8.20.110 Abatement—Notice and order—Recordation.

A.    If compliance is not had with the order within the time specified therein, and no appeals are properly and timely filed, the abatement official shall have filed in the office of the Valdez recording district a certificate describing the property and certifying:

1.    That the property is affected by a public nuisance;

2.    That the owner has been so notified.

B.    Whenever the public nuisance has been abated on a property described in the certificate, the abatement official shall file a new certificate with the office of the Valdez recording district certifying that the public nuisance has been abated. (Ord. 11-02 § 1 (part): prior code § 16-11)

8.20.120 Abatement—Notice and order—Extension of time limit.

Upon receipt of an application from the person required to conform to the order and agreement in writing by such person that he will comply with the order if allowed additional time, the abatement official may, at his discretion, grant an extension of time within which to abate the public nuisance, if the abatement official determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. The abatement official’s authority to extend time is limited to the abatement of the public nuisance and will not in any way affect or extend the time to appeal his notice and order. (Ord. 11-02 § 1 (part): prior code § 16-12)

8.20.130 Abatement—Notice and order—Posting.

A.    Required. Every order of compliance shall, in addition to being served as provided in Section 8.20.100(B), be posted in a conspicuous place upon the affected property.

B.    Compliance. No person shall remove or deface any such notice after it is posted until the required abatement has been completed. Any person violating this subsection shall be guilty of a misdemeanor. (Ord. 11-02 § 1 (part): prior code § 16-13)

8.20.140 Abatement—Enforcement of order—Generally.

A.    Violation. After any order of the abatement official or the city council, acting as a board of appeals, shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order shall be guilty of a misdemeanor.

B.    Failure to Obey Order. If, after any order of the abatement official or the city council acting as a board of appeals has become final, any person to whom such order is directed shall fail, neglect or refuse to obey such order, the abatement official may:

1.    Cause such person to be prosecuted under subsection A of this section;

2.    Institute any appropriate action to abate such public nuisance under Section 8.20.100(A)(4)(a) and (b);

3.    Do both 1 and 2.

C.    Failure to Commence Work. Whenever the required abatement is not commenced within fifteen or thirty days, as provided in Section 8.20.100(A)(5)(a), after the notice and order issued under this code becomes effective, the abatement official may, in addition to any other remedy herein provided, cause the public nuisance to be abated with the cost of such abatement to be paid and recovered in the manner and method provided in Section 8.20.170. (Ord. 11-02 § 1 (part): prior code § 16-14)

8.20.150 Abatement—Enforcement of order—Procedure—Costs.

A.    Procedure. When any abatement of a public nuisance is to be done pursuant to Section 8.20.140(C) of this chapter, the abatement official shall issue his order therefor to the director of public works or the director of capital facilities and the work shall be accomplished by city personnel or by private contract under the direction of such director.

B.    Costs. The costs, including incidental expenses of abatement of such public nuisance, shall be a lien against the property involved or may be made a personal obligation to the property owner, whichever the city shall determine is appropriate. (Ord. 11-02 § 1 (part): prior code § 16-15)

8.20.160 Abatement—Enforcement of order—Interference prohibited.

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any persons who own or hold any estate or interest in the premises affected by the public nuisance which has been ordered abated, whenever such officer, employee, contractor or authorized representative of the city, or person having any interest or estate in the affected premises, is performing the necessary acts preliminary or incidental to such work authorized or directed pursuant to Section 8.20.140. (Ord. 11-02 § 1 (part): prior code § 16-16)

8.20.170 Abatement—Recovery of costs.

A.    The abatement official shall keep an account of the costs, including incidental expenses, of abating each public nuisance, including each separate lot or parcel of land where the abatement is done, and shall render an itemized report in writing to the city council showing the costs of abatement and manner of abatement of each public nuisance, including any salvage value relating thereto.

B.    Upon the completion of the abatement work, the abatement official shall prepare and file with the city clerk a report specifying the work done, itemizing the total cost of the work, the description of the property affected by the public nuisance and the names and addresses of the persons entitled to notice pursuant to Section 8.20.100(B). Before the report is submitted to the city council, a copy of a report shall be posted for at least five days upon the affected premises, together with a notice of the time when the report shall be heard by the city council.

C.    The term “incidental expenses” shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications, contracts, overhead and inspection of the work and the cost of printing and mailing required hereunder.

D.    The costs shall be recovered as provided in Section 8.20.150(B). All monies recovered for the costs of the abatement shall be paid into the general fund. (Ord. 11-02 § 1 (part): Ord. 96-22 § 1; prior code § 16-17)

8.20.180 Abatement—Appeal.

Any person entitled to service under Section 8.20.100(B) may appeal from the notice and order or any action of the abatement official concerning abatement of a public nuisance. (Ord. 11-02 § 1 (part): Ord. 96-22 § 2: prior code § 16-18)

8.20.190 Appeal to the planning and zoning commission.

A.    Filing Limit. An appeal from the notice and order or action of the abatement official in enforcement of this title may be taken to the planning and zoning commission by any person entitled to service under Section 8.20.100(B). The written appeal must be filed within fifteen days (unless such abatement will materially affect a building or structure permanently attached to real property, in which case thirty days shall be allowed) of the notice and order. The appeal must be filed with the office of the city clerk.

B.    Report. A report concerning each case appealed to the planning and zoning commission shall be prepared by the abatement official and filed with the city clerk. Such report shall state the decision and recommendations of the commission together with reasons for the decision and recommendations. All data pertaining to the case shall accompany the report.

C.    Stay of Proceedings. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the planning and zoning commission, unless the court issues an enforcement order based on a certificate of imminent peril to life or property. (Ord. 11-02 § 1 (part))

8.20.200 Appeal to the board of adjustment.

A.    Filing Limit. An appeal from any action or decision of the planning and zoning commission may be taken by any person or persons entitled to service under Section 8.20.100(B). The appeal shall be in the form of a written statement, and state how the appellant will be affected or aggrieved by the action. The appeal must be filed within ten days of the date of the action or decision by the planning and zoning commission. The notice of appeal must be filed with the city clerk.

B.    Report. A report concerning each case appealed to the board of adjustment shall be prepared by the planning and zoning commission and filed with the city clerk. Such report shall state the decision and recommendations of the commission together with reasons for the decision and recommendations. All data pertaining to the case shall accompany the report.

C.    Stay of Proceedings. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the board of adjustment, unless the board or a court issues an enforcement order based on a certificate of imminent peril to life or property. (Ord. 11-02 § 1 (part))

8.20.210 Appeal to superior court.

An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons entitled to service under Section 8.20.100(B), or any officer, commission or board of the city, to the superior court by filing with the court, with a copy to the city clerk, within thirty days from the date of the action appealed from, a notice of appeal which shall specify the grounds of such appeal. Failure to file the notice of appeal in the manner and time specified shall forfeit any right to appeal. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the court, unless the court issues an enforcement order based on a certificate of imminent peril to life or property. (Ord. 11-02 § 1 (part))

8.20.220 Summary abatement in emergency.

The abatement official may abate any public nuisance without notice in an emergency where the public safety, comfort or repose is seriously annoyed, injured or endangered to the point where immediate action is necessary and notice cannot be timely given. All other abatement proceedings, except the necessity and the manner and method of giving notice, shall apply to the nuisance summarily abated, including the recovery of the costs of the summary abatement. (Ord. 11-02 § 1 (part): prior code § 16-19. Formerly 8.20.190)

8.20.230 Remedies.

The remedies provided for in this chapter shall be cumulative and in addition to other remedies or procedures provided elsewhere in this code or by common law. In addition, a public nuisance may be abated by the city in a civil action. (Ord. 11-02 § 1 (part): prior code § 16-20. Formerly 8.20.200)

Home | Title | Previous | Next

The Valdez Municipal Code is current through Ordinance 12-10, passed January 7, 2013.

Disclaimer: The City Clerk's Office has the official version of the Valdez Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.

City Website: http://www.ci.valdez.ak.us/
City Telephone: (907) 834-3408

Code Publishing Company