Chapter 9.08
NUISANCES

Sections:

9.08.010    Defined.

9.08.020    Prohibited – Abatement generally.

9.08.030    Burial.

9.08.040    Slaughterhouses and similar operations.

9.08.050    Water pollution.

9.08.060    Maintaining gutters free of obstructions.

9.08.070    Offensive drains.

9.08.080    Accumulations of rubbish and materials prohibited.

9.08.090    Certain conditions declared nuisances.

9.08.100    Remedies not exclusive.

9.08.110    Notification of offenders by police chief – Abatement.

9.08.120    Penalty for violation.

9.08.010 Defined.

For purposes of this chapter, “nuisance” means any act or creation which is injurious to the public health, or which prevents or obstructs the free and comfortable enjoyment of life and property or which is dangerous to surrounding property. [Ord. 227 § 5, 1969; prior code § 42.60.010.]

9.08.020 Prohibited – Abatement generally.

A. It is unlawful for any person, firm or corporation to permit or maintain the existence of any nuisance on any property under his or its control.

B. Whenever a nuisance is deemed to exist it shall be abated by the health officer or chief of police at the expense of the person maintaining such nuisance. [Ord. 227 § 5, 1969; prior code § 42.60.010.]

9.08.030 Burial.

It is unlawful for any person to bury any person within the borough limits except in an established cemetery. [Ord. 227 § 5, 1969; prior code § 42.60.020.]

9.08.040 Slaughterhouses and similar operations.

A. No person shall establish or maintain a slaughterhouse; keep herds of more than five swine or goats; cure or keep hides, skins or pelts; slaughter cattle, swine, sheep or any other kind of animals; pursue or carry on any other business offensive to the senses or prejudicial to the public health or comfort in any part of the borough.

B. Any person maintaining stables, stockyards, or hogpens in which livestock are confined shall be required to keep the same free from accumulations of filth so that the same shall not be prejudicial to the public health. [Ord. 227 § 5, 1969; prior code § 42.60.030.]

9.08.050 Water pollution.

It is unlawful for any person to throw, empty out or deposit in any gutter or ditch or near any inhabited place, the suds or filthy water resulting from the washing of clothes, slops from kitchens or other foul or filthy matter or allow the same to stand on his own premises or to seep into the premises of another. [Ord. 227 § 5, 1969; prior code § 42.60.040.]

9.08.060 Maintaining gutters free of obstructions.

It shall be the duty of every owner of any property to keep the gutter in front of such property at all times clean and free from all obstructions to the free passage of water, and to remove all dirt, filth, garbage or rubbish that may have accumulated on the street or alley adjoining the property, to the middle of the street or alley. [Ord. 227 § 5, 1969; prior code § 42.60.050.]

9.08.070 Offensive drains.

No person shall permit any cellar, pool, sewer, water closet or private drain belonging to him to become nauseous, foul or offensive and prejudicial to the public health and comfort. [Ord. 227 § 5, 1969; prior code § 42.60.060.]

9.08.080 Accumulations of rubbish and materials prohibited.

No owner, lessee, agent, tenant, or occupant shall allow or permit any junk vehicles, junk, debris, or indiscriminate storage of machinery, equipment parts, lumber, or other material, or any accumulation of garbage, manure, offal, rubbish, stagnant water, or any filthy liquid or substance, or anything that is or may become putrid or offensive to be or remain upon his yard, lot or premises, or upon any yard, lot or premises controlled by him. [Ord. 600 § 4, 1995; Ord. 227 § 5, 1969; prior code § 42.60.070.]

9.08.090 Certain conditions declared nuisances.

In addition to other public nuisances declared by other sections of this code, the nonexclusive following are declared to be public nuisances:

A. The sale or offering for sale of unwholesome food or drink; or places where such sales or offerings are made;

B. The exposure, display, sale, or distribution of obscene pictures, books, pamphlets, magazines, papers, documents, or objects;

C. The public exposure of a person having a contagious disease;

D. The keeping of an animal that causes a disturbance by noise after being informed that this noise is having that effect and the noise continues;

E. The operation or use of any electrical apparatus or machine which materially and unduly interferes with radio or television reception by others;

F. Any use of a street or sidewalk or a place adjacent thereto which causes crowds of people to gather so as to obstruct traffic on such street or sidewalk, or which otherwise obstructs traffic thereon, except as may be authorized by law or ordinance;

G. All ditches, drains, wells, pools, cisterns, bodies, or containers of water in which mosquitoes breed or are likely to breed, or which are so constructed, formed, conditioned, or situated as to endanger the public health or safety;

H. Rank weeds or grass; carcasses; accumulations of manure, refuse or other things, which are, or are likely to be, breeding places for flies, mosquitoes, vermin, or disease germs;

I. Any pit, hole, or other thing which is so constructed, formed, conditioned, and/or situated as to endanger the public safety;

J. Any fire or explosion hazard which endangers the public peace, health, safety, or welfare;

K. Any occupation or activity which endangers the public peace, health, safety, morals, or welfare. [Ord. 683 § 4, 2000; Ord. 227 § 5, 1969; prior code § 42.60.080.]

9.08.100 Remedies not exclusive.

Nothing in this chapter shall interfere with remedies provided in other sections of this code for the abatement of nuisances, or with the remedies provided in the building code, or with any other remedy afforded by the laws of the state. The board or mayor of the borough may, at their option, choose any method or combination of methods provided for in this chapter, or provided by law, in order to enforce the provisions of this chapter. [Ord. 683 § 4, 2000; Ord. 227 § 5, 1969; prior code § 42.60.220.]

9.08.110 Notification of offenders by police chief – Abatement.

It shall be the duty of the chief of police upon receiving notice of any violation of the provisions of this chapter immediately to notify the offender to abate and remove the same within such time as he may deem proper, not to exceed 24 hours. If the nuisance has not been removed or abated within the time specified in the notice, the chief of police shall cause the same to be removed and the expense thereof shall be paid by the borough and recovered from the owner by an action at law. [Ord. 683 § 4, 2000; Ord. 227 § 5, 1969; prior code § 42.60.230.]

9.08.120 Penalty for violation.

In addition to the remedies provided by this chapter against any such building or other structure, any person, firm, association or corporation who willfully violates any provision of this chapter, or who willfully fails or refuses to comply with final order, determination, decision or judgment of the board of adjustment made in accordance with the provisions of this chapter, or any final intermediate order made in accordance with the provisions of this chapter by the borough manager, fire chief, chief of police, building inspector, or health officer, or other authorized officer or employee of the borough shall be punishable as provided for in WMC 1.20.010. Any person violating any provision of this chapter is guilty of an infraction and shall be punished by the fine established in the WMC 1.20.050 fine schedule if the offense is listed in that fine schedule or by a fine of up to $500.00 if the offense is not listed in the WMC 1.20.050 fine schedule. [Ord. 909 § 2, 2015; Ord. 833 § 61, 2009; Ord. 683 § 4, 2000; Ord. 227 § 5, 1969; prior code § 42.60.240.]