[R.O. 2012 §220.010; CC 1975 §17-1]
Various nuisances are defined and prohibited in other Chapters
of this Code, and it is the intent of the City Council in enacting
this Chapter to make it supplemental to those other Chapters in which
nuisances are defined and prohibited; and the provisions of this Chapter
relating to the abatement of nuisances shall be regarded as alternative
methods and procedures for the abatement of nuisances in those instances
where other methods and procedures for abatement are provided.
[R.O. 2012 §220.020; CC 1975 §17-2; Ord. No. 14 §2]
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 Statute or common law of this State
or as defined by this Code or other ordinances of the City at any
place within the City.
[R.O. 2012 §220.030; CC 1975 §17-3; Ord. No. 14 §1; Ord. No. 446
§1, 11-2-1999; Ord. No. 547 §3, 6-7-2005; Ord.
No. 666 §2, 9-3-2013]
A. The following acts when committed, omissions when occurring and conditions
when existing within the City are hereby defined and declared to be
nuisances:
1.
Every act or thing done or made, permitted or allowed, or continued
on a property, public or private, by any person, to the annoyance,
detriment, damage or injury of the public, or which is injurious to
the public health, safety or welfare.
2.
All buildings, bridges or other structures of whatever character,
kept or maintained or which are permitted by any person owning or
having control thereof to be kept or maintained in a condition unsafe,
dangerous, unhealthy, injurious or annoying to the public. This shall
include, but not be limited to, buildings, bridges and structures
that are maintained in violation of the City's zoning or building
codes.
3.
All trees, tree limbs and other appendages of or to realty kept
or maintained or which are permitted by any person owning or having
control thereof to be kept or maintained in a condition unsafe, dangerous,
unhealthy, injurious or annoying to the public.
4.
All obstructions caused or permitted on any street or sidewalk
to the danger or annoyance of the public, and all stones, rubbish,
dirt, filth, slops, vegetable matter or other substances or liquid
thrown or placed by any person on or in any street, sidewalk or other
public place, which in any way may cause any injury or annoyance to
the public.
5.
All sidewalks, gutters or curbstones permitted to remain in
an unsafe condition, or out of repair.
6.
All stables and other places for the harboring of animals, fowl
or poultry permitted by the owner thereof or the person responsible
therefor to be in such a condition as to become offensive, annoying
or injurious to the public.
7.
All houses, buildings and other structures used for storage
of powder, dynamite or other explosive or dangerous substances, liquids
or gases, except those maintained pursuant to a permit issued by a
competent authority.
8.
Any loud and unusual noise created by the repair, testing or
operation of motor vehicles or motorized equipment, licensed or unlicensed,
of any kind or created by any other means, of sufficient volume to
be clearly audible and to annoy persons in the surrounding area.
9.
The overnight, outside storage or parking of trucks, trailers
or other vehicles used for the collection or hauling of garbage or
refuse.
10.
The burning, ignition, setting a fire or maintenance of the
burning of garbage, refuse, waste, trash, straw, paper, woods, leaves,
grass clippings, or other combustible materials or other substances
of any nature or description, when done in violation of any provision
of State law, this Code or other ordinance of the City.
11.
All residences, buildings and other structures, all vacant lots
and other premises, whether improved or unimproved, which at any time
are in such condition as to be unsanitary, unhealthful, a fire hazard
or otherwise constitute a danger to the public health, safety or welfare.
12.
No vehicle shall be parked or stored on any surface other than a durably paved surface constructed in accord with Section
405.020 of this Code of Ordinances or on a dust-free surface of crushed rock or gravel at least four (4) inches thick and maintained in good condition and free of weeds, grass and dust.
13.
Any dog, cat, puppy, kitten or other animal soiling, waste or
defecation on urban property other than property of a person responsible
for the animal unless such waste is immediately removed by a person
responsible for the animal and deposited in a waste container or buried
on ground where the person responsible for the animal has permission
or the right to bury it.
14.
Handbills on public or private property. No person shall tack,
stick, paste or fasten in any manner any handbill or flier containing
commercial advertising of a written, printed or pictorial nature upon
any public property within the limits of the City or on any motor
vehicle, dwelling or other structure within the City without the consent
of the owner or occupant thereof.
B. The nuisances described in this Section shall not be construed as
exclusive, and any act of commission or omission and any condition
which constitutes a nuisance by Statute or common law of the State
is, when committed, omitted or existing within the City, hereby declared
to constitute a nuisance.
[Ord. No. 648 §1, 2-16-2012]
A. As
used in this Section, "place" means any building,
dwelling unit, lot, plot or parcel of land, premises, room or structure.
B. Any
place which is used for the commission of crimes, ordinance violations,
or acts done, permitted, allowed or continued to the damage or injury
of any of the inhabitants of the City is a public nuisance.
C. The
Chief of Police shall notify the owner and occupant of any place used
for the commission of crimes, ordinance violations, or acts done,
permitted, allowed or continued to the damage or injury of any inhabitants
of the City, that the place is in violation of this Section, including
the reason why, and that if the place continues to be used in such
a manner, a hearing shall be held to determine whether a public nuisance
exists and, if so, to determine the appropriate abatement remedies,
including that the place not be occupied or used for a period of up
to six (6) months. Notice shall be by personal service or certified
mail, or by posting on the premises.
D. If
the place continues to be used for the commission of crimes, ordinance
violations, or acts done, permitted, allowed or continued to the damage
or injury of any inhabitants of the City, after such notice, the Chief
of Police shall file a petition with the City Administrator which
shall state what relief is sought or proposed and the reason for granting
it.
E. The
City Administrator or his or her designee shall set the time and location
for a hearing based on the petition, and shall cause notice thereof
and a copy of the petition to be served on the owner and occupant
of the place at least ten (10) days prior to the hearing. Service
shall be personal or by certified mail, or by posting on the premises.
F. At
the hearing the City Administrator or his or her designee shall determine
whether the place is a public nuisance, giving such weight to the
following factors as he or she deems appropriate:
1. The physical characteristics of the neighborhood in which the place
is located, with particular consideration given to the proximity of
the place to residential property, parks, churches, schools and playgrounds;
2. Whether there is littering, as prohibited by law, by the owner, occupant
or persons frequenting the place;
3. Whether there is drinking of alcoholic beverages in public, as prohibited
by law, by the owner, occupant or persons frequenting the place;
4. Whether there is lewd and indecent conduct, as prohibited by law,
including public urination or defecation, by the owner, occupant or
persons frequenting the place;
5. Whether there is the possession, sale or use of controlled substances,
as prohibited by law, by the owner, occupant or persons frequenting
the place;
6. Whether there is harassing or intimidating conduct, as prohibited
by law, by the owner, occupant or persons frequenting the place toward
persons living in the neighborhood or passing by the place;
7. Whether there is noise prohibited by law, caused by the owner, occupant
or persons frequenting the place;
8. Whether there is the commission of other crimes, ordinance violations,
or acts done, permitted, allowed or continued to the damage or injury
of any inhabitants of the City by the owner, occupant or persons frequenting
the place;
9. Whether there is street or sidewalk congestion caused by the owner,
occupant or persons frequenting the place;
10. Any other activity deemed relevant by the City Administrator or designee.
G. For
purposes of this Section, a person shall be considered to frequent
a place if he or she lives or works at, or visits the place, or if
the person loiters about the place.
H. If
the City Administrator or his or her designee finds that the place
is a public nuisance in violation of this Section, he or she shall
order the owner or occupant to abate the nuisance, and may further
order any appropriate action to abate the same, including that the
tenant's occupancy permit be revoked for six (6) months and/or that
the property not be occupied or used for a period not exceeding six
(6) months. Any tenant whose occupancy permit is revoked pursuant
to this Subsection shall be ineligible to obtain an occupancy permit
for any property located within the City for a period of six (6) months
from the date of said revocation.
I. The
closure of any place pursuant to this Section shall not constitute
an act of possession, ownership or control by the City of the closed
place.
J. It
is unlawful for any person to:
1. Fail to obey an order to abate a nuisance issued pursuant to this
Section;
2. Interfere with any entry into or upon the place by any Police Officer,
agent or employee of the City for the purpose of abating the nuisance,
as ordered pursuant to this Section;
3. Occupy or use or permit any other person to occupy or use any place
ordered closed pursuant to this Section;
4. Damage or remove any notice or order posted at the place pursuant
to this Section;
5. Keep or maintain a place used for the commission of crimes, ordinance
violations, or acts done, permitted, allowed or continued to the damage
or injury of any inhabitants of the City.
K. Nothing
contained in this Section shall relieve the owner or occupant of any
place from complying with the building, fire, property maintenance
and zoning codes, or any other ordinance that regulates the condition
or use of the place.
[R.O. 2012 §220.040; CC 1975 §17-4]
Each owner, lessee, tenant, occupant or person in charge of
any real property within the City, and each agent or representative
of any such person, is hereby charged with responsibility for the
maintenance and use of such real property in such manner that no use
of, or activity or condition upon or within, such real property shall
constitute a nuisance; and all such persons are hereby charged with
the duty of observing all of the provisions of this Chapter, but such
responsibility shall not be construed to permit any other person not
charged with such responsibility to commit or maintain any nuisance
upon or within any real property in the City.
[R.O. 2012 §220.050; Ord. No. 304 §§1 — 2, 3-13-1990; Ord. No. 521 §1, 8-5-2003; Ord. No. 678 §1, 11-18-2014]
A. It is hereby declared to be a public nuisance and unlawful for any
owner, occupant or person having charge of any property within the
City of Normandy to allow or permit the accumulation or deposit of
any vehicular, automotive and/or equipment parts including tires,
inoperable appliances, junk, debris, trash, garbage, newspapers, cardboard,
refuse, waste paper or material of any such nature on or upon such
property or in any structure located thereon.
B. Any person found guilty of violating the provisions of this Section shall be punished as provided in Section
100.210 of this Code of Ordinances.
[R.O. 2012 §220.055; Ord. No. 477 §1, 12-5-2000; Ord. No. 666 §2, 9-3-2013]
A. In addition to, and not in lieu of, any provision of this Code of
Ordinances relating to nuisances and unhealthy conditions of property
and procedures for correction of same, any lot or land shall be a
public nuisance if it has the presence of debris of any kind, including,
but not limited to, weed cuttings, cut and fallen trees and shrubs,
rubbish and trash, lumber not piled or stacked twelve (12) inches
off the ground, rocks or bricks, tin, steel, parts of derelict cars
or trucks, broken furniture, any flammable material which may endanger
public safety or any material which is unhealthy or unsafe and declared
to be a public nuisance.
B. In addition to the remedies provided herein, any person violating any of the requirements of this Section shall be guilty of an ordinance violation and, upon conviction, punished as provided in Section
100.210 of this Code of Ordinances and the civil judicial abatement procedures of Section
220.150 of this Code of Ordinances.
C. When a public nuisance as described in this Section exists, the City
Administrator shall so declare and give written notice to the owner
of the property by personal service, certified mail, if otherwise
unsuccessful, by publication. Such notice shall, at a minimum:
1.
Declare that a public nuisance exists;
2.
Describe the condition which constitutes such nuisance;
3.
Order the removal or abatement of such condition within seven
(7) days from the date of service of such notice;
4.
Inform the owner that he or she may file a written request for
a hearing before the City Administrator on the question of whether
a nuisance exists upon such property; and
5.
State that if the owner fails to begin removing the nuisance
within the time allowed, or upon failure to pursue the removal of
such nuisance without unnecessary delay, the City Administrator shall
cause the condition which constitutes the nuisance to be removed or
abated and that the cost of such removal or abatement may be included
in a special tax bill or added to the annual real estate tax bill
for the property and collected in the same manner and procedure for
collecting real estate taxes.