Chapter 8.12
PUBLIC NUISANCES
Sections:
8.12.020 Notice – Abatement required.
8.12.030 Abatement by city – Costs.
8.12.050 Code enforcement officer.
8.12.005 Purpose
It is the purpose of this nuisance chapter to prevent and prohibit safety and health hazards that create a menace to the health and welfare of the public and the residents of the city, and to prevent and prohibit those conditions and activities which interfere with the enjoyment of public and private property. Accordingly, any act or omission that unreasonably interferes with another’s use of their land or property, that injures or endangers the health or safety of others, or that poses a threat or harm to the life of another or in the use of their property, is hereby declared unlawful and in violation of this nuisance chapter. (Ord. 1058 § 4 (Exh. D), 2019)
8.12.010 Designated.
The following things, places, acts, animals and fowl are declared to be public nuisances, namely:
A. All trees, plants, shrubs or vegetation or parts thereof which overhang any street or which grow thereon in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public;
B. All grass, weeds, shrubs, bushes, trees or vegetation growing or which have grown and died upon property owned or occupied by any person, and which are a fire hazard or a menace to the public health, safety or welfare;
C. All trash or debris or materials of all kinds located upon any property owned or occupied by any person which are a fire hazard or a menace to the public health, safety or welfare;
D. Animals and fowl (excluding dogs and cats) which constitute a menace to the public health, safety or welfare while on or off any property owned or occupied by any person;
E. Any act or omission defined as a nuisance by statute or common law; and
F. Any nuisance defined and prohibited in any other provision of this code. (Ord. 1058 § 4 (Exh. D), 2019; Ord. 277, 1977)
8.12.020 Notice – Abatement required.
The city may require the owner of any property to confine, remove or destroy any public nuisance as defined in Section 8.12.010, when the city’s code enforcement officer finds a public nuisance to exist. (Ord. 1058 § 4 (Exh. D), 2019; Ord. 511, 1987; Ord. 483, 1985; Ord. 277, 1977)
8.12.030 Abatement by city – Costs.
If the nuisance is not abated by removal, confinement or destruction by the property owner within the time fixed in the notice, the city may, through its agents or employees, abate the same and render a bill covering the costs to the city of such abatement, including all expenses related thereto, and mail the bill to the property owner and occupant, if any. If the property owner or occupant fails and refuses to pay the charges as specified therein immediately, or if the property owner is unknown or his address is unknown, the city may file a lien therefor against the property, which lien shall be in the same form, filed with the same officer, and within the same time and manner, and enforced and foreclosed as provided by law for labor and material liens. (Ord. 1058 § 4 (Exh. D), 2019; Ord. 277, 1977)
8.12.040 Violation – Penalty.
Violation of or failure to comply with any of the provisions of this chapter shall be subject to enforcement and a civil penalty as set forth in Chapter 1.14. When violations are of a continuing nature, the penalty shall increase each day of the violation as set forth in Section 1.14.050(E). (Ord. 1058 § 4 (Exh. D), 2019; Ord. 832, 2003; Ord. 483, 1985; Ord. 277, 1977)
8.12.050 Code enforcement officer.
The city’s code enforcement officer may include the mayor, law enforcement officers, director of public works, director of community planning or their designees. (Ord. 1058 § 4 (Exh. D), 2019)