[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.]
GENERAL REFERENCES
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:
Injures or endangers the comfort, repose, health or safety of
others;
Offends decency;
Is offensive to the senses;
Unlawfully interferes with, obstructs or tends to obstruct or
renders dangerous for passage any public or private street, highway,
sidewalk, stream, ditch or drainage;
In any way renders other persons insecure in life or the use
of property; or
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:
A.
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.
B.
Accumulation of rubbish, trash, refuse, litter, junk and other abandoned
materials, metals, lumber or other things.
C.
Any condition which provides harborage for rats, mice, snakes and
other vermin.
D.
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.
E.
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).
F.
All unnecessary or unauthorized noises and annoying vibrations, including
animal noises.
G.
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.
H.
The carcasses of animals or fowl not disposed of within a reasonable
time after death.
I.
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.
J.
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.
K.
Any accumulation of stagnant water permitted or maintained on any
lot or piece of ground.
L.
The keeping of honey bees and hives and the keeping of hornets.
M.
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.
A.
Contents
of notice. The notice to abate a nuisance issued under the provisions
of this chapter shall contain:
(1)
An order to abate the nuisance or to request a hearing within a stated
time, which shall be reasonable under the circumstances.
(2)
The location of the nuisance, if the nuisance is stationary.
(3)
A description of what constitutes the nuisance.
(4)
A statement of acts necessary to abate the nuisance.
(5)
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.
(6)
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.
B.
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.
A.
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.
B.
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.
C.
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.
