Chapter 16.40 PUBLIC NUISANCE

Chapter 16.40
PUBLIC NUISANCE

Sections:

16.40.030 Buildings and structures constituting a nuisance.

16.40.040 Other conditions constituting a nuisance.

16.40.010 Public nuisance designated.

Anything which is injurious to health or safety or is indecent, or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by a considerable number of persons, or which unlawfully obstructs the free passage or use, in the customary manner, of any stream, public park, square, street, alley, public easement or highway is designated a public nuisance, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal. In addition, any violation of this title that is continuous with respect to time is a public nuisance. (Ord. 19-16 § 2, 2019)

16.40.020 Nuisance prohibited.

It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance as defined in this chapter and Chapter 16.10. (Ord. 19-16 § 2, 2019)

16.40.030 Buildings and structures constituting a nuisance.

All buildings and structures are to be maintained so as not to pose a threat to the health and safety of any person or persons. The condition of a building or structure that meets any one or more of the following conditions is considered a public nuisance, is a violation of this chapter, and subjects the building or structure to abatement as provided in Section 16.50.100, including demolition as provided in Section 16.50.100(F):

A. The building or structure is vacant and unsecured, regardless whether the building or structure is surrounded in whole or in part by a fence or wall or not.

B. The building or structure lacks safe and adequate means of exit in case of fire or panic.

C. The stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location.

D. The building, structure or any portion thereof has been damaged by fire, earthquake, wind, flood or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before the damage and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.

E. The building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children or a harbor for trespassers or persons committing unlawful acts.

F. The building, structure, or any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to partially or completely collapse and thereby injure persons or damage property.

G. Any portion of a building or structure, or any member, appurtenance or ornamentation on the exterior thereof, is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.

H. Any portion of a building or structure that has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

I. The walls or other vertical structural members of the building or structure list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

J. The building or structure, excluding the foundation, has 33 percent or more damage or deterioration to the supporting member or members or structural assembly, or 50 percent damage or deterioration to the nonsupporting members, enclosing or outside walls or coverings.

K. The building or structure is infested by rodents, insects or other noxious pests, rendering it uninhabitable.

L. The building or structure exhibits conditions that present actual or imminent hazards or dangers or is otherwise unsafe for the purpose for which it is being used.

M. The building or structure, whether erected in accordance with any applicable laws or not, has any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the following:

1. Strength;

2. Fire-resisting qualities or characteristics; or

3. Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

N. A dwelling is unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

O. The building or structure, because of obsolescence, dilapidated condition, damage, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause.

P. The building or structure has been found, upon reinspection, to be vacant and unsecured, and either:

1. The code official has issued at least one previous abatement order to secure within the preceding 12 months, or more than three abatement orders to secure over any timeframe; or

2. The code official has secured the building or structure on at least one previous occasion within the preceding 12 months, or more than three times over any time frame.

Q. A building or structure or portion thereof remains for any period of time on a site after the demolition or destruction of the building or structure, or normal construction of an unfinished or incomplete building or structure has ceased for a period of more than 12 months.

R. Slum property. (Ord. 19-16 § 2, 2019)

16.40.040 Other conditions constituting a nuisance.

Except as otherwise permitted by law, each of the following conditions is declared to be a nuisance:

A. Abandoned property and/or structure.

B. Maintenance of premises, including buildings, so out of harmony or conformity with the maintenance standards of adjacent properties as to cause an attractive nuisance, blight, complaints and substantial diminution of the enjoyment, use or property values of such adjacent properties.

C. A building, premises or land regularly used in the commission of a crime.

D. Animal waste that is not securely protected from insects and the elements, or that is kept or handled in violation of the town code or the county code; provided, that nothing in this subsection shall be deemed to prohibit the normal use of such animal manure for fertilizing lawns or gardens.

E. Making, causing or permitting to be made any vibration or artificial illumination of such intensity as to interfere substantially and unnecessarily with the use and enjoyment of any public or private property, or as to constitute a hazard or threat to the public health, safety and welfare of the people of the town. Nothing herein shall be construed so as to prohibit or cause removal of any lighting system that has been approved and installed in accordance with the town code or the Arizona Department of Transportation, or which has been approved and installed in accordance with the sign, subdivision or zoning codes of the town, or where the person responsible for such artificial illumination is utilizing the same at any exhibition, performance, amusement attraction or event authorized or sponsored by the town. Outdoor lighting shall comply with zoning requirements outlined in Chapter 18.125.

F. Willfully or negligently permitting or causing the escape or flow of water into the public right-of-way in such quantity, in the opinion of the town, as to cause flooding, to impede vehicular or pedestrian traffic, to create a hazardous condition for such traffic, or to cause damage to the public streets or alleys of the town through the failure or neglect to properly operate or maintain any water facility or device, including, but not limited to, swimming pools, architectural pools, spas, sprinklers, hoses, pipes, ditches, standpipes, berms, valves and gates.

G. Any commercial or industrial type equipment, to include the following: tractors, backhoes, bulldozers, trenchers, cranes or other similar equipment parked in an area visible to the public for more than 48 hours in any residential district except when the equipment is being used for construction purposes on the site.

H. Any putrid, unsound or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, butcher’s trimmings and offal, or any waste vegetable or animal matter in any quantity, garbage, human excreta, sewage or other offensive substances; provided, that nothing contained in this subsection shall prevent the temporary retention of waste in receptacles in the manner approved by the Cochise County health officer or the town code.

I. A dumping ground or other land or building for depositing litter or debris.

J. Exterior areas used or maintained as junkyards, except any automobile wrecking yard or other junkyards where the use is allowed by the town zoning regulations.

K. The erection, continuance or use of any building, room or other place in the town that, by noxious exhalations or other airborne irritations, including but not limited to smoke, soot, dust, fumes or other gases, offensive odors or other annoyances, is discomforting or offensive or detrimental to the health of individuals or of the public. Refer to definition of “smoke” outlined in Chapter 16.10.

L. Burning or disposal of refuse, sawdust or other material in such a manner as to cause or permit ashes, sawdust, soot or cinders to be cast upon land or buildings, the sidewalk, streets, alleys, or highways of the town, or to cause or permit the smoke, ashes, soot or gases arising from such burning which is discomforting or offensive to a reasonable person of normal sensitivity, or to constitute a potential hazard to public health, safety and welfare; provided, that this subsection shall not apply where the person responsible for the action has properly obtained a fire permit from the fire department.

M. Allowing fumes and residue from spraying applications to enter the property of another without permission.

N. To leave or permit to remain in an unsecured location outside on any property, or within any unoccupied or abandoned building, dwelling or other structure or in a place accessible to children any abandoned, unattended or discarded ice box, refrigerator, washer, dryer or other container that has an airtight door or lid, snap lock or other locking device that may not be released from the inside, without first removing such door or lid, snap lock or other locking device from such ice box, refrigerator or container.

O. An unsecured or abandoned excavation, pit, well or other holes.

P. Maintaining any privy, vault, cesspool, septic system, sump, pit, accumulated water or like place or thing which is not securely protected from insects or rodents or which is foul, malodorous, or detrimental to the health of the public.

Q. Any swimming pool, architectural pool or spa that creates a health hazard, is unsecured, harbors insect infestation or presents a deteriorated appearance.

R. The use, on public or private property, of any form of motor vehicle, motorcycle, mini-bike, dune buggy, motor scooter or other recreational vehicle or conveyance which produces offensive noise or airborne dust sufficient to cause discomfort or annoyance to a reasonable person of normal sensitivity.

S. Any material growing within or along a public or private right-of-way, alley, access drive, fire lane or utility easement, which by reason of its size, manner of growth or location, constitutes an obstruction, impairs visibility or otherwise endangers any person, improvement or structure.

T. Plant growth or any other condition that constitutes a fire hazard or encourages infestation of noxious pests.

U. Any sign, cornice, parapet wall, mechanical screen or fence which has become deteriorated or so unstable that it constitutes a hazard to passers-by.

V. Any material, structure, fabrication or vehicle placed on, in or near any public or private right-of-way, alley, sidewalk, access drive, fire lane or easement which prevents the free and unimpeded use thereof shall be considered a public nuisance.

W. Graffiti.

X. Excessive heat extending beyond property lines. (Ord. 19-16 § 2, 2019)