No person, firm or corporation owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon as defined in §
361-2.
For the purpose of this chapter, the term "nuisance" means any
condition or use of premises or of building exteriors or vacant lots
which causes or tends to cause substantial diminution in the value
or enjoyment of other property in the neighborhood in which such condition
or use of premises is located or which constitutes a hazard to health
or safety of the general public. This includes, but is not limited
to, any of the following:
A. The keeping or the depositing on or allowing the accumulation of
or the scattering over the premises of lumber, junk, trash or debris;
abandoned, discarded or unused objects or equipment such as furniture,
bedding, stores, refrigerators, freezers, cans or containers; persistent
pools of stagnant water from storm runoff or subsurface seepage or
discharges of water from the premises; and weeds or other unsightly
vegetation contributing to higher pollen counts in the atmosphere.
B. Vacant or abandoned structures not secured against entry by boarding,
shuttering, locks or watchmen on premises or on regular patrol.
C. The keeping, depositing or storing, outside of an enclosed building,
of more than two inoperative or unregistered motor vehicles, or the
used parts of a motor vehicle, except operative farm vehicles.
[Amended 9-15-2014]
Enforcement of this chapter may be accomplished by the Town
in any manner authorized by law. The Police Department of the Town
shall have primary responsibility for such enforcement. In the exercise
of this responsibility, the Police Department shall cause to have
notice served on the violator(s) and the owner(s) of the property,
specifying the nature of the violation and the action required of
the violator(s) or the owner(s) to correct the complaint. If the violation
is not corrected within 10 calendar days, the Town may seek an order
from a court of competent jurisdiction to permit the Town, by its
agent, designated for such purpose by the Board of Selectmen, to enter
such premises and perform such work as may be required to correct
the violation. In the event of such action, violators shall be charged
the full costs for manpower and equipment employed in doing the work,
as well as court costs and other legal costs incurred in obtaining
the court order. Any such charges and costs that remain unpaid 90
calendar days after they are billed by the Town shall be filed as
liens against the property in question and accrue interest and penalties
in the same manner as delinquent taxes.
Notwithstanding any costs and penalties imposed pursuant to §
361-3 of this chapter, those who fail to comply with notice served upon them within the time permitted shall be fined $25 for each violation. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
In addition to such actions as the Town may take, any person
who, by reason of another's violation of any provision of this
chapter, suffers special damage to himself different from that suffered
by other property owners throughout the Town generally may bring an
action to enjoin or otherwise abate an existing violation.