Chapter 8.08
NUISANCES

Sections:

8.08.010    Common law and statutes adopted.

8.08.020    Prohibited – Abatement authorized.

8.08.030    Bringing nuisance into City.

8.08.040    Responsibility for nuisances.

8.08.050    Notice and abatement procedures.

8.08.060    Emergency abatement.

8.08.070    Violations and penalty.

8.08.080    Recovery of expense of abatement.

8.08.090    Other remedies.

8.08.100    Enumeration of nuisances.

Cross reference(s) – Cleanliness of premises where domestic animals are kept, GJMC 6.08.010; lost, stolen, confiscated or abandoned property, Chapter 2.44 GJMC.

8.08.010 Common law and statutes adopted.

In all cases where no provision is made defining what are nuisances and how the same may be removed, abated or prevented, in addition to what may be declared such in this code, those offenses which are known to the common law of the land and State statutes as nuisances may, in case such nuisances exist within the City limits or within a mile thereof, be treated as such and proceeded against as in this chapter provided, or in accordance with any other provision of law.

(Code 1994 § 16-56; Code 1965 § 19-60)

8.08.020 Prohibited – Abatement authorized.

Each and every nuisance mentioned, declared or defined by any ordinance of the City is hereby prohibited, and the County Health Department or City Manager shall have power to abate such nuisances by filling up, draining, clearing, purifying or removing such nuisances, as the case may be.

(Code 1994 § 16-57; Code 1965 § 19-61)

8.08.030 Bringing nuisance into City.

No person shall bring into the City or keep therein for sale or otherwise, either for food or for any other purpose whatever, any animal, dead or alive, matter, substance or thing which shall be or which shall occasion a nuisance in the City, or which shall be dangerous or detrimental to health.

(Code 1994 § 16-58; Code 1965 § 19-62)

8.08.040 Responsibility for nuisances.

Where a nuisance exists upon private property, and is the outgrowth of the usual, natural or necessary use of the property, the owner thereof or his agent is hereby declared the author thereof; but where any such nuisance shall arise from the unusual or unnecessary use to which any such property may be put or from any business thereon conducted, the occupant shall be deemed the author thereof; and any person who shall by himself or agent cause or create any nuisance in any place or manner, or shall suffer his agent or family to so create or cause such nuisance, shall be deemed the author of such nuisance.

(Code 1994 § 16-59; Code 1965 § 19-64)

8.08.050 Notice and abatement procedures.

(a)    Notice to Abate. Upon the discovery of any nuisance on public or private property in the City, the City Manager may, in the exercise of his or her discretion, notify the responsible party in writing, requiring the responsible party to remove and abate from the property the thing or things therein described as a nuisance. Service of a notice of violation by a CEO pursuant to GJMC 1.12.040 shall be considered service of a notice to abate and the City may begin the abatement process with the application for abatement order. For any nuisance which does not threaten imminent danger of damage or injury, and for which a discretionary notice to abate has been issued, the reasonable time for abatement shall not exceed seven days unless it appears from the facts and circumstances that compliance could not reasonably be made within seven days or that a good faith attempt at compliance is being made.

Service of Notice. If written notice to abate is given, it shall be served by:

(1)    Personally delivering a copy of the notice to the responsible party described in the notice if the responsible party also resides at the property; or

(2)    Mailing a copy of the notice by first class or certified mail, return receipt requested, to the last known address of the responsible party as reflected in the City and/or County real estate or other records; or

(3)    Posting a copy of the notice in a conspicuous place at the premises.

(b)    Abatement Order. Upon the expiration of the period of notice, or at any time thereafter, if the nuisance has not been abated on the property described in such notice, the City may apply to the Municipal Court for an abatement order, as follows:

(1)    The application shall be accompanied by an affidavit affirming that the City has complied with the notice requirements of subsection (a) of this section and that the owner has failed to abate the identified nuisance upon the property.

(2)    The city shall give notice to the responsible party of its application for the abatement of order in the same manner as provided above for service of the original notice.

(3)    The notice of application for an abatement order shall include a copy of the city’s application and its affidavit in support thereof, as well as the time, date, and place at which the City will appear before the Municipal Court to request entry of the abatement order.

(4)    At the stated time, date, and place, the Municipal Court Judge shall review the application for administrative abatement order, the affidavit, any statement of the City in support thereof, as well as any statement and evidence presented by the responsible party, if present.

(5)    Thereafter, the Municipal Court is authorized to enter an order permitting the City to enter upon such property, abate the same and recover its costs.

(c)    Abatement Without Notice or Court Order. Any nuisance located or found in or upon any street, avenue, alley, public sidewalk, highway, public right-of-way, public grounds, park, recreation facility, or public property in the City may be abated without notice.

(Ord. 4233 § 2, 5-7-08. Code 1994 § 16-60; Code 1965 § 19-65)

8.08.060 Emergency abatement.

If in the judgment of the CEO a nuisance is a cause of imminent danger to the public health, safety or welfare, any such nuisance may be summarily abated by the City, and costs of abatement shall be charged and recovered as provided by GJMC 8.08.080.

(Ord. 4233 § 3, 5-7-08. Code 1994 § 16-61)

8.08.070 Violations and penalty.

(a)    Any person violating any provision of this chapter shall be subject to the penalties set forth in GJMC 1.12.130; provided, however, that nothing contained in this section or GJMC 1.12.130 shall impair the ability of the City to enforce the other remedial provisions provided in this chapter.

(b)    Any responsible party violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to fines set forth in accordance with GJMC 1.12.130.

(c)    In levying and imposing fines upon conviction of any of the violation(s) specified in the code, the Court shall have no authority to reduce or suspend all or any portion of the fines, it being the expressed intent of the City Council that the fines specified in the fine schedule be strictly adhered to.

(d)    As a portion of any judgment, fine or assessment levied upon conviction of a violation of this code, the Court shall order that the violation be abated within a time established by the Court, but in no event to exceed 30 days from the date of conviction. Failure to abate within the time so ordered may constitute contempt of court, and shall be punishable as such. The order shall also provide that, in the event the defendant has not abated the nuisance within 30 days after the Court order, the City or its agents are authorized to do so.

(e)    In addition to any fines levied hereunder, the Court shall impose, as a portion of the costs assessed against a convicted responsible party, any costs incurred by the City in prosecuting, enforcing and abating the nuisance.

(f)    Each day during which any responsible party commits, or allows to remain unabated, any of the actions specified as unlawful in this code shall constitute a separate offense. Multiple violations of this code may be included on a single notice to abate or a single summons and complaint.

(Ord. 4233 § 3, 5-7-08. Code 1994 § 16-62)

8.08.080 Recovery of expense of abatement.

(a)    The actual costs of abatement, plus 15 percent of such abatement costs for inspection, a minimum fee assessment of $100.00 and other incidental costs of abatement shall be assessed upon the lot, lots or tracts of land upon which such nuisance is abated.

(b)    Such costs shall be paid to the City within 30 days after the City has mailed notice of the assessment by certified mail to the owner of the property; provided, however, that if the property is occupied by someone other than the owner, the City Treasurer shall mail such notice of assessment by certified mail to both the occupant and the owner. Service shall be complete upon depositing the notice within the United States Postal Service, postage prepaid for certified mail. Every such assessment shall be a lien in the several amounts assessed against such lot, lots or tract of land until paid.

(c)    Failure to pay such assessment within such period of 30 days shall cause such assessment to become a lien against such lot, block or parcel of land and shall have priority over all liens, except general taxes and prior special assessments, and the same may be certified at any time after such failure to so pay the same, by the City to the County Treasurer to be placed upon the tax list for the current year and to be collected in the same manner as other taxes are collected, with 15 percent penalty to defray the cost of collection.

(Ord. 4233 § 3, 5-7-08. Code 1994 § 16-63)

8.08.090 Other remedies.

The remedies set forth herein are cumulative. The initiation of any action or the imposition of any penalty shall not preclude the City from instituting any other proceeding to require compliance with the provisions of this chapter and with any administrative orders and determinations made hereunder. No provision herein shall be construed to limit the right of any person to bring a private action to abate a private nuisance.

(Ord. 4233 § 3, 5-7-08. Code 1994 § 16-64)

8.08.100 Enumeration of nuisances.

In addition to those things which are elsewhere by ordinance of the City or statutes of the State declared to be and constitute nuisances, the following are hereby declared to be a nuisance, or an act in the nature of a nuisance, and it shall be unlawful for any owner, agent or occupant to create, permit or maintain any such nuisance:

(a)    Businesses: To so negligently conduct any business or use any premises as to create such an offensive smell as may taint the air and render it unwholesome or disagreeable to the neighborhood.

(b)    Dangerous trade, business or condition: Whenever any trade, business or manufacturer, or the maintenance of any substance or condition or thing, shall be dangerous to the public health.

(c)    Garbage in watercourses: To throw or deposit, or cause to be thrown or deposited, any offal or any offensive matter, or the carcass of any animal, in any watercourse, pond, spring or well, or on land within the City which results in offensive or unwholesome conditions.

(d)    Animal or human fecal material: To deposit any animal or human fecal material, dead animal, or other filthy, offensive or noisome substance upon any lot, street, alley, highway, park or place other than an approved wastewater system or lawfully designated sanitary landfill site.

(e)    Impure water: To corrupt or render unwholesome or impure the water of any drinking fountain, spring, stream, pond or lake, to the injury or prejudice of others, or any part of the City water supply system.

(f)    Cross-connection: It shall be unlawful to cross connect with the City water supply system by introducing into such system any foreign water not a part of the treated City water supply system. Provided, it shall be permissible to introduce into the City water supply system water of another approved water system.

(g)    Noxious emissions: To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture which by occasioning noxious emissions, offensive smells or otherwise is offensive or dangerous to the health of individuals or of the public.

(h)    Private drain/sewers: For any person to suffer or permit any cellar, vault, private drain, pool, sewer or sink upon any premises belonging to or occupied by him to become nauseous, foul, offensive or injurious to the public health.

(i)    Stagnant water: The permitting or maintaining of stagnant water on any lot or piece of ground within the limits of the City is hereby declared to be a nuisance, and every owner or occupant of a lot or piece of ground within the City is hereby required to drain or fill up such lot or piece of ground whenever such draining or filling is necessary so as to prevent stagnant water or other nuisance accumulating thereon.

(j)    Encouragement of illegal activities: Any public or private place or premises which encourages professional gambling, unlawful use of drugs, unlawful sale or distribution of drugs, furnishing or selling intoxicating liquor to minors, furnishing or selling fermented malt beverages to persons under 21 years of age, solicitation for prostitution, or trafficking in stolen property.

(Ord. 4233 § 4, 5-7-08. Code 1994 § 16-65; Code 1965 § 19-66)

Cross reference(s) – Businesses, GJMC Title 5; animals, GJMC Title 6; solid waste, Chapter 8.28 GJMC; parks and recreation areas, Chapters 12.04 and 12.08 GJMC; waste water system, Chapter 13.04 GJMC; water system, Chapter 13.08 GJMC.