[HISTORY: Adopted by the City Council of the City of El Paso
1977 by Ord. No. 493 (Ch. 8.16 of
the 1979 Code). Amendments noted where applicable.]
It is unlawful for any person to create, cause, or permit a
nuisance to exist or be maintained within the City.
[Amended 1978 by Ord. No. 504; 1986 by Ord. No. 598; 1986 by Ord. No. 599; 1999 by Ord.
No. 736; 4-24-2023 by Ord. No. 1062]
The following are declared, defined and deemed to be nuisances
for the purpose of this chapter, provided, however, that the following
shall not be deemed to be exclusive:
A.
All substances which emit or cause foul, obnoxious, unhealthful,
putrid, noisome or disagreeable odor or effluvia, and which are objectionable
or offensive to any person or persons residing near the same or to
any person passing along any street, sidewalk, or alley near the same.
B.
All carcasses of animals remaining exposed for 12 hours after death.
C.
Any growth of weeds, grasses or bushes to a height greater than eight
inches; provided, however, that this subsection shall not apply to
planted and cultivated flowers, shrubbery, or other landscaping.
D.
All slop, foul or dirty water, filth, refuse or offal, discharged
in or upon any street, avenue, sidewalk, alley, park, public square
or public or private enclosure, or allowed to accumulate there, or
in a pond or pool.
E.
All articles or things whatsoever, caused, kept, maintained, or permitted
by any person to the injury, inconvenience, danger, detriment or annoyance
of the public health, safety, or welfare.
F.
The keeping or allowing to remain on any premises of any trees, shrubs,
or other vegetation infected with fungus or other diseases that will
or might spread to other noninfected trees, shrubs, or other vegetation.
G.
All buildings or structures, the condition of which, through neglect
or otherwise, has caused the building to become dangerous or detrimental
to the public health, safety or welfare of the inhabitants of the
City.
H.
Any abandoned or partially dismantled, nonoperating, unlicensed,
wrecked or junked vehicle or a vehicle in a state of substantial disrepair
on any street, highway or public place in the City; and any such vehicle
stored in the open on any private property for more than seven days.
I.
Suffering any premises where any animal is kept to become noxious,
foul, or offensive to any neighborhood, family or person.
J.
Throwing or depositing any offal or other offensive matter or the
carcass of any animal in any water course, lake, pond, sewer, lagoon,
spring, well or street, alley, public highway or park.
K.
Any tree or shrub which overhands any sidewalk, street or other public
place in the City in such a way as to impede or interfere with traffic
or travel.
L.
Any tree or limb of a tree which has become likely to fall on or
across any public way.
M.
Any uncovered pile of refuse, garbage, offal, or carcasses of dead
animals not buried at least two feet below the surface of the ground.
N.
Any weeds such as jimson, burdock, ragweed, thistle, cocklebur or
other weeds of a like kind found growing in any lot or tract of land
in the City.
O.
Any European Barberry, also known as Berberis Vulgaris or its horticultural
varieties, located within the City.
P.
An unkempt appearance existing on the parkway immediately adjacent
to private property as caused by rubbish, debris or overgrown, uncultivated
plant life. The parkway is defined to be the area between the property
owner's real estate and the street, or all area surfaced by the
City.
Q.
Any window or exterior door on a residence, including basement and
cellar door hatchways, which is not generally weathertight and rodentproof;
or is not equipped with all appropriate hardware; or is not capable
of being easily opened (except for those windows designed to be permanently
fixed) and any other window, exterior door or screen which is not
kept in good repair.
R.
The making, continuing, or causing of any loud, disturbing or unusual
noise which unreasonably annoys, disturbs, injures, or endangers the
comfort, repost, convenience, health, peace or safety of others within
the limits of the City. For the purposes of this section, loud, disturbing
or unusual noises shall include but not be limited to the following:
(1)
Sounding of any vehicle horn or signaling device except as reasonably
necessary to warn of any impending danger;
(2)
Playing, using, operating, or permitting to be played any sound amplifying
device producing or reproducing a loud and raucous sound to be plainly
audible at a distance of 50 feet from the location of such device.
As used herein, sound amplifying device means any device utilizing
electric current which amplifies a musical instrument, tuner, phonograph,
magnet tape, any electronically synthesized sound or the human voice;
or
(3)
Any nonamplified disagreeable or annoying sound that unreasonably
disturbs the peace and comfort of occupants of adjacent property.
As used herein, adjacent property is property located within 50 feet
of the source of such sound.
S.
Construction noise. No construction equipment causing an unreasonable
and disturbing noise shall be operated in a residential zoning district
between the following hours:
[Amended 1978 by Ord. No. 504]
Whenever it comes to the attention of the Police Chief that there exists in the City any condition enumerated in § 211-2, he shall forthwith give the person in charge or control of the property thereof notice, served upon such person by a police officer of the City or by mailing such notice to his last known address, that such condition exists, and that he shall have seven days from the date of such service in which to remedy the same or the City shall cause the same to be remedied.
[Amended 1978 by Ord. No. 504]
If a person fails, refuses or neglects to remedy a nuisance
within the time allowed after having been served a notice to abate
such nuisance, the Police Chief may cause such condition to be remedied.
Such action shall not provide a defense for failure to comply with
this chapter. In the alternative, the City may, immediately after
the expiration of the time specified in the notice, bring suit for
violation of this chapter.[1]
[1]
Editor's Note: Original § 8.16.042 of the 1979 Code,
Additional penalty for repeated violations, added by Ord. No. 784,
which immediately followed this section, was repealed 2-6-2017 by
Ord. No. 994.
[Amended 1977 by Ord. No. 504]
In the event that payment of the actual costs of the abatement
of any nuisance by the City under the provisions of this chapter is
not made on demand, such costs shall become a lien upon the property
from which such nuisance was abated. The amount of such lien shall
be added to the tax roll and collected as unpaid taxes. Any such lien
may be foreclosed in the manner provided by law for the foreclosure
of liens. In the alternative, the City may sue to recover the actual
costs expended by the City in the abatement of any nuisance under
the provisions of this code.[1]
[1]
Editor's Note: Original § 8.16.060 of the 1979 Code,
Violation–Penalty, as amended, which immediately followed this
section, was repealed 2-6-2017 by Ord. No. 994.
