Chapter 8.20
NUISANCES – GENERAL PROVISIONS

Sections:

8.20.010    Title for citation.

8.20.020    Nuisances generally.

8.20.030    Definitions.

8.20.040    Methods of abatement.

8.20.050    Violation deemed misdemeanor.

8.20.010 Title for citation.

The ordinance codified in this chapter and Chapters 8.24, 8.32, 8.36 and 8.40 BLMC shall be known as and may be cited as the “nuisance ordinance.” (Ord. 454 § 1(2), 1977).

8.20.020 Nuisances generally.

A public nuisance is a thing, act, omission to act, occupation, or use of property which shall unreasonably annoy, injure or endanger the safety, health, comfort or repose of the public; or shall offend public decency; or shall unlawfully interfere with, obstruct or render dangerous for public use a public park, square, street, alley or highway; or shall in any way render the public insecure in life or in use of property. (Ord. 454 § 1(1), 1977).

8.20.030 Definitions.

As used in this chapter and Chapters 8.24, 8.32, 8.36 and 8.40 BLMC, the following terms and phrases shall have the meanings ascribed to them in this section:

A. “Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community.

B. “Acted” includes, where relevant, omitted to act.

C. “Actor” includes, where relevant, a person failing to act.

D. “Building,” in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container, or other structure used for the lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods. Each unit of a building consisting of two or more units separately secured or occupied is a separate building.

E. “Building materials” means and includes any lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.

F. “Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging.

G. A person acts “knowingly” or “with knowledge” when he is aware of a fact, facts or circumstances or result described by an ordinance defining an offense, or he has information which would lead a reasonable person in the same situation to believe that facts exist, which facts are described by an ordinance defining an offense.

H. Each of the words “neglect,” “negligence,” “negligent” and “negligently” shall import a want of such attention to the natural or probable consequences of an act or omission as an ordinarily prudent person usually exercises under similar circumstances.

I. “Noxious weeds” means vegetation deemed to be hazardous to public safety or health by state statutes.

J. “Officer” and “public officer” mean a person holding office under a city, county or state government, or the federal government, who performs a public function and in so doing is vested with the exercise of some sovereign power of government, and includes all assistants, deputies, clerks and employees of any public officer and all persons lawfully exercising or assuming to exercise any of the powers or functions of a public officer.

K. “Owner.” Any person shall be deemed an “owner” of any property who has a general or special interest in the whole or any part thereof, or lawful possession thereof, either actual or constructive.

L. “Person,” “he,” and “actor” include any natural person, and where relevant, a corporation, joint stock association, partnership or other unincorporated association.

M. “Premises” means any building, lot parcel, real estate, or land or portion of land whether or not improved, including adjacent sidewalks and parking strips.

N. “Property” means anything tangible or intangible, real or personal.

O. “Public nuisance” is a thing, act, occupation, or use of property which:

1. Annoys, injures or endangers the safety, health, comfort or repose of the public;

2. Offends public decency;

3. Unlawfully interferes with, obstructs, or tends to obstruct or render dangerous for passage a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley or highway;

4. In any way renders the public insecure in life or in use of property.

P. “Signature” shall include any memorandum, mark or sign made with intent to authenticate any instrument, or writing, or the subscription of any person thereto.

Q. “Vehicle” means any motor vehicle, aircraft or any vessel equipped for propulsion by mechanical means or by sail.

R. “Writing” shall include printing. (Ord. 454 § 2(1), (4) – (20), 1977).

8.20.040 Methods of abatement.

Whenever any nuisance is of such a character and is so situated that the same can be abated without the invasion or destruction of private property, and the further continuance is likely to result in expense to the city or injury to any person, it shall be the duty of the chief of police to abate and remove the same summarily without waiting for the conviction of the author thereof.

When judgment is rendered against any person, persons, firm or corporation, finding them guilty of operating, keeping or maintaining a nuisance as provided in this chapter, it shall be the duty of the court before whom the conviction is had, in addition to imposing the penalty or penalties provided in this chapter, to order the defendant or defendants in such action to forthwith abate and remove such nuisance, and if the same is not done by such offender within 72 hours, the same shall be abated and removed at the expense of the defendant by authority of the chief of police of the city, or by any other officer authorized by the order of the court, which order of abatement shall be entered upon the docket of the court and made a part of the judgment in the action. (Ord. 454 § 12, 1977).

8.20.050 Violation deemed misdemeanor.

Any person, firm or corporation who shall knowingly cause or create a nuisance, or permit any nuisance to be caused or created or placed upon or any premises owned or occupied by him or them, shall upon conviction thereof be deemed guilty of a misdemeanor. (Ord. 454 § 11, 1977).