[HISTORY: Adopted by the Mayor and Council of the City of Española as Ch. 42, Art. II, of the Code of Ordinances. Amendments noted where applicable.]
Animals and animal facilities — See Ch. 137.
Building codes — See Ch. 150.
Excavations — See Ch. 180.
Fire prevention — See Ch. 192.
Flood damage prevention — See Ch. 200.
Graffiti — See Ch. 213.
Littering — See Ch. 235.
Noise — See Ch. 249.
Offenses — See Ch. 260.
Solid waste — See Ch. 282.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
- A. Injures or endangers the comfort, repose, health or safety of others;
- B. Offends decency;
- C. Is offensive to the senses;
- D. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
- E. In any way renders other persons insecure in life or the use of property; or
- F. Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, that this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
Any owner or occupant planting or allowing to grow weeds and noxious vegetable growth on the owner's or occupant's lot or parcel of ground, or on the sidewalks and lawn-strips or land areas abutting such lot or parcel of ground.
Accumulation of rubbish, trash, refuse, litter, junk and other abandoned materials, metals, lumber or other things.
Any condition which provides harborage for rats, mice, snakes and other vermin.
Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located; any condition that is attractive and dangerous to children, such as a vacant accessible building, excavation, dilapidated wall and fences and barbed wire fences along public ways, wood piles and debris on vacant lots which may constitute a hazard to the health and welfare of children who may not be able to recognize those dangers.
The infestation of trees or shrubbery by the cocoon (bags) of all members of the genus Thyridopteryx (bagworms) and the webs (nests) of all members of the genus Malacosoma of the family Lasiocampidae (tent caterpillars) and of all members of the genus Hyphantria of the family Arctiidae (webworms) and all members of the genus Pyrrhalta Luteola (leaf beetles).
All unnecessary or unauthorized noises and annoying vibrations, including animal noises.
All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches.
The carcasses of animals or fowl not disposed of within a reasonable time after death.
The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.
Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained.
Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
The keeping of honey bees and hives and the keeping of hornets.
Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.
It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance.
Whenever a nuisance is found to exist within the City or within the City's extraterritorial jurisdiction, the City Manager or some other duly designated officer of the City shall give 10 days' written notice to the owner, his agent, or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance.
Contents of notice. The notice to abate a nuisance issued under the provisions of this chapter shall contain:
An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances.
The location of the nuisance, if the nuisance is stationary.
A description of what constitutes the nuisance.
A statement of acts necessary to abate the nuisance.
A statement that if the nuisance is not abated as directed and no request for a hearing is made within the prescribed time, the City will abate such nuisance and assess the cost of such abatement against such person.
Any person receiving notice of an order to abate a nuisance may request a hearing before the Municipal Court on such matter within three days from the date of filing of the notice. Any notice of abatement served by the City shall advise the person allegedly committing the nuisance of his right to request a hearing before the Municipal Court.
Service. The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law.
Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this chapter to abate the nuisance, the designated officer of the City shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement of such nuisance.
Any and all costs incurred by the City in the abatement of a nuisance under the provisions of this chapter shall constitute a lien against the property upon which such nuisance existed, which lien shall be filed, proven and collected as provided for by law. Such lien shall be notice to all persons from the time of its recording, and shall bear interest at the legal rate thereafter until satisfied.
Except as provided in this section, an action for the abatement of a public nuisance shall be governed by the general rules of civil procedure.
A civil action to abate a public nuisance may be brought, by verified complaint in the name of the City, without cost, by any public officer or private citizen, in the Municipal Court against any person who shall create, perform or maintain a public nuisance.
When judgment is against the defendant in an action to abate a public nuisance, he shall be adjudged to pay all court costs and a reasonable fee for the complainant's attorney, when the suit is not prosecuted exclusively by the City Attorney.