Chapter 8.16
NUISANCES
Sections:
8.16.010 Definitions.
8.16.020 Types of nuisances.
8.16.030 Prohibited conduct.
8.16.040 Repealed.
8.16.050 Repealed.
8.16.060 Repealed.
8.16.070 Repealed.
8.16.080 Repealed.
8.16.090 Violations—Penalties.
8.16.010 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 the condition in question by such means and in such a manner and to such an 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. “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.
C. “Enforcement officer” means the clerk-treasurer or any alternate as designated by the clerk-treasurer.
D. “Premises” means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
E. “Property” means any object of value that a person may lawfully acquire and hold.
F. “Responsible person” means any agent, lessee, owner, or other person occupying or having charge or control of any premises. (Ord. 1003 § 1, 1984)
8.16.020 Types of nuisances.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the enforcement officer determines that any of these conditions exist upon any premises the officer may require or provide for the abatement thereof pursuant to this chapter:
A. The existence of any weeds, trash, dirt, filth, the carcass of any animal, waste shrubs, accumulations of lawn or yard trimmings or any offensive matter;
B. The existence of any dead, diseased, infested or dying tree that may constitute a danger to property or persons;
C. The existence of any tree, shrub or foliage, unless by consent of the city, which is apt to destroy, impair, interfere or restrict:
1. Streets, sidewalks, sewers, utilities or other public improvements,
2. Visibility on, or free use of, or access to such improvement;
D. The existence of any vines or climbing plants growing into or over any street, public hydrant, pole or electrolier, or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto;
E. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard;
F. The existence of a sidewalk or portion of a sidewalk adjacent to any premises which is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience in the use of such sidewalk;
G. The existence of caterpillar infestations;
H. The existence of fruit fly infestation, moths, rust, or other tree diseases;
I. The burning or disposal of refuse, sawdust, or any material without a verbal permit from the fire department;
J. The existence of any obstruction to a street, alley, crossing or sidewalk, which is by ordinance prohibited, or which is made without lawful permission, or which, having been made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, and for an unreasonable length of time;
K. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure, or 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, unsafe, unhealthy, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions, or objects:
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,
2. Any vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodorous,
3. Any pools of standing water created by irrigation of private property that could serve as breeding areas for rats, flies, or mosquitoes,
4. Any filthy, littered or trash-covered dwellings, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings, or premises,
5. Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the city,
6. Any poison oak or poison ivy, Russian thistle, or other noxious weeds, whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles,
7. Any grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died upon any property and are a fire hazard or a menace to public health, safety or welfare,
8. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or receptacles,
9. Any trash, litter, rags, accumulations or empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed and multiply or which may be a fire hazard;
L. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, park, parkway, or other public place which is open to travel, any hay, straw, paper, wood, boards, boxes, leaves, manure, or other rubbish or material;
M. The storage or keeping on any premises for more than thirty days of any used or unused building materials, without a special permit from the building official; provided, that nothing herein shall:
1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion,
2. Prohibit such storage without a permit on the premises of a bona fide lumber yard, dealer in building materials or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable ordinances,
3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws;
N. The existence of any pits, cesspools, privy vaults, potholes or holes which would endanger safety;
O. The existence of any condition which would produce dust or noxious odors; provided, that nothing herein shall be prohibited when done in conjunction with a construction project for which a building permit has been issued and is being prosecuted diligently to completion. However, the contractor or owner will be responsible for dust control throughout his development area;
P. The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk, or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition;
Q. The existence or maintenance on any premises of a storage area, junk yard or dumping ground for the wrecking or disassembling of automobiles, trucks, trailers, house trailers, boats, tractors or other vehicle or machinery of any kind, or for the storing or leaving of worn out, wrecked, inoperative, or abandoned automobiles, trucks, trailers, housetrailers, boats, tractors or other vehicle or machinery of any kind or of any parts thereof;
R. The existence of any drainage onto or over any sidewalk, public pedestrian way, street or alley;
S. The existence on any premises, in a place accessible to children, of any unattended and/or discarded icebox, refrigerator or other large appliance. (Ord. 1003 § 2, 1984)
8.16.030 Prohibited conduct.
It is unlawful for any responsible person or owner to create, permit, maintain, suffer, carry on or allow, upon any premises, any of the acts or things declared by this chapter to be a public nuisance. (Ord. 1003 § 3, 1984)
8.16.040 Enforcement—Notice.
Repealed by Ord. 1670-10. (Ord. 1003 § 4, 1984)
8.16.050 Abatement—By city.
Repealed by Ord. 1670-10. (Ord. 1003 § 5, 1984)
8.16.060 Abatement—By owner or other responsible person.
Repealed by Ord. 1670-10. (Ord. 1003 § 6, 1984)
8.16.070 Right to appeal.
Repealed by Ord. 1670-10. (Ord. 1003 § 7, 1984)
8.16.080 Immediate danger—Summary abatement.
Repealed by Ord. 1670-10. (Ord. 1003 § 8, 1984)
8.16.090 Violations—Penalties.
Any person violating or failing to comply with any of the provisions of Sections 8.16.020 and 8.16.030 shall be subject to the enforcement provisions contained in Title 18, Code Enforcement. (Ord. 1670-10 § 8, 2010)