[HISTORY: Adopted by the Mayor and Council
of the Town of Manchester 8-12-2008 by Ord. No. 186 (Ch. 73.5 of the 1979
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 65.
Disorderly house nuisances — See Ch. 81.
Littering — See Ch. 111.
Noise — See Ch. 118.
Peace and good order — See Ch. 135.
Peddling and soliciting — See Ch. 139.
Property maintenance — See Ch. 147.
Rental housing — See Ch. 161.
Solid waste — See Ch. 188.
Streets and sidewalks — See Ch. 196.
Trees — See Ch. 212.
Recreational vehicles — See Ch. 226.
Various nuisances, Code violations and municipal
infractions are defined and prohibited in other chapters of this Code,
and it is the intent of the Town Council in enacting this chapter
to make it supplemental to those other chapters where nuisances are
defined, by defining in this chapter certain Code violations and municipal
infractions as nuisances, and by granting the Town supplemental powers
pursuant to the provisions of this chapter relating to the abatement
of nuisances and procedures for the abatement of nuisances in those
instances where other methods and procedures for abatement are provided.
This chapter shall be administered and enforced by the Mayor or other
staff or official designated by the Mayor and Town Council.
It shall be unlawful for any person to cause,
harbor, commit or maintain or to suffer to be caused, harbored, committed
or maintained any nuisance, as defined by the statutes or common law
of this state or as defined in this chapter, by this Code or other
ordinance of the Town of Manchester, at any place within the Town.
Each of the following conditions, actions or
activities, unless otherwise permitted by law, is declared to constitute
a public nuisance and is subject to criminal enforcement and penalties
as provided in this chapter:
A.
The existence of any offensive or dangerous accumulation of weeds, trash, dirt, filth, waste shrubs, lawns or yard trimmings, the carcass of any animal or other offensive matter to include untrimmed weeds or grass as defined by Chapter 147 of the Town Code.
B.
The existence of any dead, diseased, infested or dying
tree or vegetation, including such tree or vegetation that may constitute
a danger to street trees, streets, utilities or portions thereof.
D.
The existence of any tree, shrub or foliage growing
on, over, around or in front of any hydrant, curb box, water 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 a 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 dumping or otherwise unlawful depositing of refuse,
trash, debris or any other material without a permit.
H.
The existence of any obstruction to a street, alley,
crossing or sidewalk, and any excavation in or under any 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.
I.
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 Town,
any one or more of the following disorderly, disturbing, unsanitary,
fly-producing, vermin-harboring, disease-causing places, conditions
or things:
(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, or animal matter in any
quantity, but nothing in this subsection shall prevent temporary retention
of waste in approved covered receptacles.
(2)
Any privies, vaults, cesspools, sumps, pits or like
places which are not securely protected from flies and rats, or which
are foul or malodorous.
(3)
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.
(4)
Any poison oak or poison ivy, Russian thistle or other
noxious weeds, whether growing or otherwise, but nothing in this subsection
shall prevent the temporary retention of such weeds in approved covered
receptacles.
(5)
Any inherently offensive or dangerous accumulation
of bottles, cans, glass, ashes, paper or paper products, small pieces
of scrap iron, wire, metal articles, household appliances, bric-a-brac
or cement, broken concrete, broken glass, broken plaster and all such
trash or abandoned material unless it is kept in approved covered
bins or appropriate containers.
(6)
Any trash, litter, rags, accumulations of empty barrels,
boxes, crates, packing cases, mattresses, bedding, excelsior, packing
hay, straw or other packing materials, lumber not neatly piled, or
anything whatsoever in which flies or vermin may breed or multiply
or which may be a fire hazard.
J.
The depositing or causing to be deposited in any street,
alley, sidewalk, park, parkway or other public place which is open
to travel of any hay, grass clippings, straw, paper, wood, boards,
boxes, leaves, manure or other rubbish or material.
K.
The storage or keeping on any premises in public view
for more than 30 days of any used or unused building materials, provided
that nothing in this subsection 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 processed diligently to completion.
(2)
Prohibit such storage without a permit upon the premises of a bona fide lumberyard, dealer in building materials, or other commercial enterprise when the same is permitted under Chapter 250, Zoning, of the Code of the Town of Manchester and other applicable laws.
(3)
Make lawful any such storage or keeping when it is
prohibited by other ordinances or laws.
L.
The existence of any fence or other structure or thing
or private property abutting or fronting upon any public street, sidewalk
or place which is in a sagging, leaning, fallen, decayed or otherwise
dilapidated or unsafe condition.
M.
The existence or maintenance on any premises of a
storage area, junkyard 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, motorcycles,
trucks, trailers, house trailers, boats, tractors or other vehicle
or machinery of any kind or of any major parts thereof.
N.
The existence on any premises of any abandoned or
unused well, cistern or storage tank without first demolishing or
removing from the Town such storage tank or securely closing and barring
any entrance or trapdoor thereto or without filling any well or cistern
or capping the same in accordance with state law.
O.
The existence on any premises, in a place accessible
to children, of any unattended and/or discarded icebox, refrigerator,
or other large appliance.
P.
The existence of any drainage, outfall or sump pump
outflow onto or over or onto any sidewalk or public way except for
existing downspouts.
Q.
All ponds or pools of stagnant water and all foul
or dirty water or liquid when discharged through any drain, pipe or
spout or thrown into or upon any public street, public place or lot
to the injury or annoyance of the public.
R.
Sounds and noises during certain hours.
(1)
Production of any of the following sounds or noises
between the hours of 10:00 p.m. to 7:00 a.m. on Mondays through Fridays,
excluding legal holidays, and between the hours of 10:00 p.m. and
9:00 a.m. on Saturdays and Sundays and legal holidays, except in the
cases of bona fide emergency or under municipal permit in case of
demonstrated necessity:
(2)
It is the intent that the sounds described in this
subsection refer to sounds heard beyond the property line of the source.
S.
Production at any time of any of the following sounds
or noises which, by reason of their intensity, frequency, duration,
volume, pitch or any other reason, disturb the peace, quiet, repose
or comfort of any person or persons:
(1)
The sounding of any horn, siren or other signaling
device except as a warning of danger or as specifically permitted
or required by law.
(2)
Sounds in connection with the starting, operation,
repair or rebuilding, or testing of any motor vehicle or internal
combustion engine within a residential district.
(3)
The use of a sound amplifier or other device capable
of producing or reproducing amplified sound upon public streets for
the purpose of commercial advertising for sales or for attracting
the attention of the public to any vehicle, structure, or property
or the contents therein, except as permitted by law, and except that
vendors whose sole method of selling is from a moving vehicle shall
be exempt from this subsection.
(4)
The use of a musical instrument, whistle, radio, sound
amplifier or other device capable of producing or reproducing sound.
(5)
Sounds produced by any vehicle which is so loaded,
or has any defect or is not equipped with a proper muffler so as to
cause loud and unnecessary grating, grinding, rattling or other noise.
(6)
Any other unreasonably loud, disturbing, continuous,
irritating, or unnecessary noise, whether emanating from a human,
animal or mechanical source.
T.
Any other condition, action or activity that presents
a risk to public health, safety or welfare as determined by the Town
Administrator, Chief of Police or other authority as recognized by
the Mayor or Town Council.
It shall be the duty of the Mayor or other staff
or official designated to cause inspections to be made from time to
time of all portions of the Town of Manchester to determine whether
any condition exists or activity is being practiced which constitutes
a nuisance; and he or she shall cause an investigation to be made
upon complaint made by any responsible person.
The Mayor or other staff or official designated shall have the right to enter upon private premises for the purposes specified in § 122-3 upon compliance with all applicable provisions of law, including the issuance of a municipal infraction. Unless it appears that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance, and, in any case, it shall be unlawful for any owner or occupant to prevent such entry which is sought to be made in compliance with law.
The Mayor and Council is hereby authorized and
empowered to notify the owner or owners, occupier or occupiers of
any premises which they deem to be in a state of nuisance or in such
a condition that the creation of a public nuisance is imminent or
in such condition that the water supply of the Town of Manchester
may become polluted and the health of the citizens thereby endangered,
directing such persons to have such nuisance or to cause such nuisance
or condition to be abated or removed within 72 hours from the date
that said notice is personally served or mailed by certified mail,
addressed to said owner, owners, occupier or occupiers or tacked upon
the main building on the premises.
If such owner or owners, occupier or occupiers fail to abate such nuisance or condition or remove the cause thereof within the time set out in § 122-6, the Mayor and Town Council of Manchester may then cause such nuisance or condition to be abated and the cause of such nuisance removed by whatever means it deems feasible; and the actual cost thereof shall be billed to the owner or owners of said premises, who thereupon become obligated to reimburse the Town of Manchester, and suit may be brought to recover such sums.
If the owner or owners fail to make payment as provided for in § 122-7 above, then, in addition to all other remedies, the Town may cause to be recorded in the Town office and among the land records for Carroll County a sworn statement showing the cost and expense incurred for such work, the date the work was done and the location of the property on which the work was done. Recording of such sworn statement shall constitute a lien on the property involved and shall remain in full force and effect for the amount due, plus interest and cost of court, if any for collection, until final payment is made. Said cost and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty of 2/3 of 1% per month in the event that the same is not paid in full on or before the date that the tax bill, upon which such charge appears, becomes delinquent. Sworn statements filed in accordance with the provisions of this section shall be prima facie evidence that all legal formalities have been complied with and that the work was done properly and satisfactorily at a reasonable cost and shall be full notice to every person concerned that the amount constitutes a charge against the property designated or described in said statement and that the same is due and collectable as provided by law.
Any violation of this chapter is declared to
be a municipal infraction. The penalty for violation shall be $100
for each initial offense and $300 for each repeat offense. In addition,
the Town may, to the extent permitted by law, seek and obtain any
appropriate court orders providing for additional fines and remedies
in the event of further violations, including the penalty of contempt
of court.
