Chapter 8.04
NUISANCES

Sections:

8.04.010    Nuisance defined.

8.04.020    Offensive businesses or establishments.

8.04.030    Junkyards.

8.04.040    Discharge of offensive liquids.

8.04.050    Collecting putrid substances.

8.04.060    Stagnant water.

8.04.070    Open wells, cisterns or excavations.

8.04.080    Dead animals.

8.04.090    Noisemaking devices to attract children.

8.04.095    Blowing dust, dirt and other particulate matter.

8.04.100    Enforcement—Powers of County Health Department.

8.04.110    Enforcement—Authority to enter.

8.04.120    Notice to abate—Separate offenses.

8.04.130    Declaration of nuisance—Abatement by city.

8.04.140    Abatement by city.

8.04.010 Nuisance defined.

Anything which is injurious to the health or morals or indecent or offensive to the senses or an obstruction to the free use of property so to interfere with the comfortable enjoyment of life or property including those things specifically declared as nuisances within this chapter, is declared a nuisance and as such shall be abated. (Prior code § 13-1)

8.04.020 Offensive businesses or establishments.

Offensive or unwholesome businesses or establishments are prohibited and are declared a nuisance and may be abated as provided in this chapter. It is unlawful for any person to allow or suffer upon his premises or any premises which he is entitled to possess, any offensive or unwholesome business or establishment within the city, or within one mile beyond the outer limits of the city. (Prior code § 1319)

8.04.030 Junkyards.

All places used or maintained as junkyards, or dumping grounds, or for the wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks, tractors, trailers, boats and house trailers, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places are kept in such manner as to essentially interfere with the comfortable enjoyment of life or property by others, are declared to be a nuisance and may be abated as provided in this chapter. (Prior code § 13-20)

8.04.040 Discharge of offensive liquids.

It is unlawful to discharge out of or from, or permit to flow from any house or place, foul or nauseous liquid or substance of any kind whatsoever, into or upon any adjacent ground or lot, or into any street, alley or public place in the city. Such discharge is declared a nuisance and may be abated as provided in this chapter. (Prior code § 13-21)

8.04.050 Collecting putrid substances.

It is unlawful to keep, collect, or use or cause to be kept, collected, or used in this city, any stale, putrid, or stinking fat or grease or other matter. Such conditions are declared a nuisance and may be abated as provided in this chapter. (Prior code § 1322)

8.04.060 Stagnant water.

A.    Any cellar, vault, drain, sewer, pond of water, or other place, upon or within any private premises or grounds, in the city, that shall be nauseous or offensive to others, or injurious to public health, through an accumulation or disposition of nauseous, offensive or foul water, or other substances, shall be deemed a nuisance and may be abated as provided in this chapter.

B.    This section applies in all cases for which no other specific provisions are made in this chapter or any other ordinance of the city. (Prior code § 13-26)

8.04.070 Open wells, cisterns or excavations.

It is declared that excavations exceeding five (5) feet in depth, cisterns and wells or any excavation used for storage of water are public nuisances unless they are adequately covered with a locked lid, or other covering weighing at least sixty (60) pounds or are securely fenced with a solid fence to a height of at least five (5) feet and may be abated as provided in this chapter. It is unlawful for any person to permit such nuisance to remain on premises owned or occupied by him. (Prior code § 13-27)

8.04.080 Dead animals.

When any animal shall die in the city, it shall be the duty of the owner or keeper thereof to remove the body of the animal forthwith beyond the limits of the city. If such body is not forthwith removed, the same shall be deemed a nuisance, and such owner or keeper shall be deemed to have caused a nuisance to exist and such nuisance may be abated as provided in this chapter. When the body of any such dead animal is in any street, highway, or public grounds in the city, it shall be the duty of the Chief of Police to cause such body to be removed forthwith beyond the limits of the city. (Prior code § 1325)

8.04.090 Noisemaking devices to attract children.

The use of bells, whistles, sirens, music horns or any other noisemaking devices for the purpose of attracting children or minors to any vehicle upon the streets, highways, rights-of-way, alleys or public way of the city for the purpose of selling, distributing or giving away any product whatsoever, to such minors, is declared to be a public nuisance and hazard and is expressly prohibited and is unlawful, excepting such activities carried on as part of duly authorized public parades or processions. (Prior code § 13-28)

8.04.095 Blowing dust, dirt and other particulate matter.

Particulate matter, including dust or dirt, blown or emitted from unenclosed operations including, but not limited to, parking lot sweeping, building site preparation, construction sites, demolition, quarrying, parking lot or driveway repairs, sandblasting, and storage or transportation of particulate matter shall be unlawful and deemed a nuisance if it leaves the property on which it originated and enters onto another’s property so as to obstruct or interfere with the reasonable and comfortable use and enjoyment of that property. For purposes of this section, “particulate matter” means any material, except unconfined water, that exists in a finely divided form as a liquid or solid. (Ord. 1997-14 § 1)

8.04.100 Enforcement—Powers of County Health Department.

The County Health Department has the full power to take all measures necessary to promote the health and cleanliness; to abate all nuisances of every description on public and private property; to prevent the introduction of spreading within the city of malignant, contagious and infectious diseases and to remove, detain, isolate or quarantine any person attacked by or having any such disease, or having been exposed thereto; and to promulgate such rules and regulations as may be necessary to perform its functions. The County Health Department shall have the authority to enforce such rules of the health department of the state as are applicable to a particular situation. (Prior code § 13-2)

8.04.110 Enforcement—Authority to enter.

The Mayor, Chief of Police, members of the City Council or any other person who may be directed or deputized by the City Council may enter upon or into any lot, house, or other building or premises, with proper respect for the occupant’s constitutional rights, to examine the same and to ascertain whether any nuisance exists as defined in this chapter, and shall be free from any action or liability on account thereof. (Prior code § 13-8)

8.04.120 Notice to abate—Separate offenses.

Any state of things prohibited by this chapter shall be deemed a nuisance and any person who shall hereafter make or cause such nuisance to exist shall be deemed the author thereof. Any person who shall have possession or control of any private ground or premises, whether he is owner thereof or not, in or upon which any such nuisance exists or is found, shall be deemed guilty of a separate offense, as the author of a nuisance after due notice given to abate the same. The written notice of forty-eight (48) hours may be given and served by the Chief of Police or other officers as he may designate. (Prior code § 13-3)

8.04.130 Declaration of nuisance—Abatement by city.

In the event that any nuisance within or upon any private premises or grounds is not abated forthwith after the notice provided for in Section 8.04.130 has been given, the City Council may declare the same to be a nuisance and order the Chief of Police to abate the same, which order shall be executed without delay. The Chief of Police shall have the authority to call for the necessary assistance therefor. (Prior code § 13-4)

8.04.140 Abatement by city.

A.    In case of any nuisance as defined in Section 8.04.010 in or upon any street, avenue, alley, sidewalk, highway, or public grounds in the city, the Chief of Police may abate the same forthwith without such notice given.

B.    Any officer who shall be duly authorized to abate any nuisance specified in this chapter, shall have authority to engage the necessary assistance, and incur the necessary expenses thereof.

C.    The amount of charges for abatement of any nuisance specified in this chapter shall be a lien upon the property served until the same is paid. In case of failure to pay the charge, the City Clerk may certify the charge or charges to the Arapahoe County Treasurer, and said charge or charges shall become a lien on the real property so served and shall be collected in the same manner as though they were a part of the taxes assessed against the property, together with the cost of collection. All laws of the state for the assessment and collection of general taxes, including the laws for the sale of property for taxes and the redemption of the same, shall apply. (Ord. 1998-11 § 2; prior code §§ 13-5, 13-6, 13-7)