[Ord. No. 18-10, 8-9-2018]
A.
Nuisances Prohibited And Unlawful Within The City. 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 City ordinance, statute or common law of this State or as defined by this Chapter or elsewhere in this Code or other ordinance of the City at any place within the City or within one-half (1/2) mile of the City. Any person violating said provisions may be summoned into and prosecuted by the Municipal Court of the City of Bismarck or abatement procedures may be pursued as deemed appropriate by the City.
B.
Public Nuisance Defined. Any fence, wall, shed, deck, house, garage, building or structure not falling within the provisions of Chapter 505, or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of its condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one (1) or more individuals in the City, in any one (1) or more of the following particulars:
1.
By reason of being a menace, threat and/or hazard to the general health and safety of the community;
2.
By reason of being a fire hazard;
3.
By reason of being unsafe for occupancy or use on, in, upon, about or around the aforesaid property;
4.
By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
C.
Public Nuisances Enumerated.
1.
The following acts, when committed, or conditions when existing within the City or within one-half (1/2) mile of the City limits, in addition to any others in violation of Subsection (A) of this Section and Chapter 505 of the Bismarck Municipal Code, are determined by the Board of Aldermen as noisome, offensive, unwholesome, or dangerous to the public's health, welfare and/or safety and shall constitute a public nuisance:
[Ord. No. 19-05, 10-17-2019]
a.
Allowing stagnant pools of water to accumulate;
b.
Accumulations or disposal of trash, rubbish, garbage, refuse, lumber which is not piled or stacked more than twelve (12) inches off the ground, earth, ashes, mortar, papers, stone, brick, rock, tin, steel, aluminum, copper or other recyclable metals, dirt, manure, filth, excrement, chips or rubbish of any description, cesspools, drains, garbage or any other animal or vegetable substances, unless the accumulations or disposal of such items in such place is specifically authorized by law;
d.
The pollution of any river or stream;
e.
Burning of refuse or other material in such a manner as to cause or permit the smoke, ashes, soot, or gases to be sensed by any person or neighborhood;
f.
The distribution of samples of medicine or drugs to minors;
g.
Maintaining a privy or outdoor closet where connections to a sanitary sewer are available;
h.
Garbage trucks that are not covered;
i.
Dead animals not disposed of within twenty-four (24) hours;
j.
Any building, house, room or other structure or vehicle, maintained or used for the purposes of lewdness, assignation or prostitution;
k.
Any pit, basin, hole or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law;
l.
All obstructions to streets, rights-of-way or other public ways in the City, and all excavations in or under the same, which are by ordinance prohibited or which may be made without lawful permission or which, having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time;
m.
Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any street, alley, sidewalk, park, parkway or other public or private place in the City, any one (1) or more of, but not limited to, the following conditions or things:
n.
All premises and vehicles whereon or wherein intoxicating liquor is manufactured, sold, bartered, exchanged, given away, furnished, disposed of, consumed or permitted to be consumed, in violation of the laws of the State and the ordinances of the City;
o.
Any refrigerator, icebox or deep freeze locker having a capacity of one and one-half (1 1/2) cubic feet or more or any other container manufactured, custom-made or homemade designed for storage which is stored, discarded, abandoned or left in any place accessible to children and which has not had the door or latching mechanism removed to prevent the latching or locking of the door;
p.
Electric fence or fence constructed wholly or partly of barbed wire, except in areas within the City zoned agricultural;
q.
Grass, weeds or plant growth in excess of eight (8) inches in height. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or decorative shrubs, cultivated flowers, ornamentals and garden plants. Vegetation harmful or irritating to the human touch shall be removed, including poison ivy, poison oak and poison sumac. Exception: Any lot or tract of land in excess of sixty thousand (60,000) square feet which is not being used for an industrial, commercial or residential purpose shall have a border within which weeds shall be cut. Said border shall be measured along its perimeter twenty-five (25) feet deep from the public right-of-way and/or from any adjoining lot or tract of land used for an industrial, commercial or residential purpose. It shall further be the responsibility of the landowner to mow and maintain the grass and weeds in the public right-of-way adjoining his/her land;
r.
Non-licensed vehicles, including, but not limited to, recreational vehicles, boats, trailers, construction equipment and any vehicle that has been sitting unlicensed for more than seven (7) days and further any farm implements, farm implement parts and equipment that has been on the property for more than thirty (30) days and is not in working condition, which are not stored in an accessory building, carport or garage so that they may not be seen;
s.
Any outdoor storage of items, including, but not limited to tools, equipment, machinery, non-working automobiles, parts of derelict cars or trucks, household appliance and broken furniture;
t.
Dense smoke, noxious fumes, ash and soot, or cinders in unreasonable quantities, or the presence of any gas, vapor, fume, smoke, dust or any other toxic substance on, in or emitted from the equipment of any premises in quantities sufficient to be toxic, harmful or injurious to the health of any employee or to any premises, occupant, or to any other person;
u.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae;
v.
No person shall discharge or cause to be discharged into a stormwater system or sewer system any waste materials, liquids, vapor, fat, gasoline, benzene, naphtha, oil or petroleum product, mud, straw, lawn clippings, tree limbs or branches, metal or plastic objects, rags, garbage or any other substance which is capable of causing an obstruction to the flow of the storm system or interfere with the proper operation of the system, or which will pollute the natural creeks or waterways;
w.
All trees 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;
x.
Accumulations wheresoever they may occur of manure and human and industrial, noxious or offensive waste, except the normal storage on a farm of manure for agriculture purposes.
2.
All nuisances described in this Subsection 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 this State is, when committed, omitted or existing within the City, hereby declared to constitute a nuisance.
D.
Issuance Of Municipal Summons. In addition to the provisions set forth in Subsections (E) and (F) herein, the City may issue a summons to the property owner, occupant, tenant, resident, or other person having responsibility for the maintenance of the property to appear in Municipal Court to answer to any violation of this Section. The Police Chief or his/her designee shall provide a written notice to said person of the violation, ordering that the nuisance be immediately abated or steps begun to abate said nuisance; and if said abatement or effective steps for abatement are not taken within seven (7) days thereafter, a criminal summons may be issued to said person in Municipal Court. Each day that said nuisance continues to exist shall be considered a separate offense. Said notice need be given only once during each calendar year.
E.
Summary Abatement Of Nuisances.
1.
Procedure. Whenever a complaint is made to the Mayor, Police Chief or other designated official of the existence of a public nuisance, as defined in Subsections (A), (B), or (C) of this Section, the Mayor, Police Chief or other designated official shall promptly cause to be inspected the property on which it is alleged that such public nuisance exists. Upon the discovery of a public nuisance, the inspecting officer may order the owner or other person creating, keeping, maintaining or permitting the same to abate it. Should the inspecting officer find that a public nuisance exists, and that the public health, welfare or safety may be in immediate danger, then summary abatement procedures shall be implemented and the inspecting official or department may cause the nuisance to be removed or abated. Summary abatement costs shall be certified by the City Clerk and assigned to the annual real estate tax bill for the property.
2.
Notice. When summary abatement is authorized, notice to the owner, agent or occupant of the property is not required. Following summary abatement, the Mayor, Police Chief or other designated official shall cause to be posted on the property liable for the abatement a notice describing the action taken to abate the nuisance.
F.
Abatement Of Nuisances In Other Cases.
1.
Procedure. Upon the discovery of a public nuisance, as defined in Subsections (A), (B), or (C) of this Section, the Mayor, Police Chief or other designated official shall prepare a written report on the property on which the nuisance exists. The report may contain photographs and other relevant information and shall specifically state which public nuisances are determined and shall specifically cite which parts of Subsections (A), (B), or (C) of this Section are being violated. Upon the determination by the Mayor, Police Chief or other designated official of the existence of the nuisance, but the nature thereof is not to require summary abatement of the nuisance as defined in Subsection (E)(1) and (2), he/she may order abatement of the nuisance after the landowner has been given notice and an opportunity to be heard.
2.
Notice To Owners.
a.
Notice. The Mayor, Police Chief or other designated official shall determine all individuals, firms or corporations who, from the records in the Recorder of Deeds' office, appear to be the titled owners of the aforesaid property and immediately cause a written notice to be served by certified mail, regular mail, personal delivery or by posting a notice at the property location.
b.
Notice Contents. The aforesaid notice to the owners, if any, of the property shall state clearly and concisely:
c.
Hearing. The hearing shall be before the Mayor, Police Chief or other designated official and shall occur not less than seven (7) days from the date of the notice as set forth herein.
d.
Abatement By Owner. Within seven (7) days after the posting, personal delivery and/or mailing of a notice to abate a nuisance [It shall be presumed that all mailed notices are received within three (3) business days.], the owner, or individual in possession of the affected property shall remove and abate such nuisance or show that actions for abating the nuisance have commenced. Such showing shall be made by filing a written statement or other proof of such actions with the Mayor, Police Chief or other designated official.
e.
Adequacy Of Proof. The Mayor, Police Chief or other designated official shall have discretion over what actions are sufficient to constitute the commencement of nuisance abatement. However, the Mayor, Police Chief or other designated official shall be guided by such factors as:
f.
Responsible Parties. Any person who is the record owner of the premises, location or structure at the time an order pursuant to this chapter is issued and served upon him/her shall be responsible for complying with that order, and liable for any costs incurred by the City therewith, notwithstanding the fact that he/she may convey his/her interests in the property to another after such order was issued and served.
G.
Abatement By City. If, after a hearing in compliance with this chapter, the City finds that the nuisance exists, the City or its employees or contractors shall have the authority to enter upon the property and abate the public nuisance found thereon. In abating such nuisance, the City may go to whatever extent may be necessary to complete the abatement of the public nuisance. If it is practicable to salvage any material derived in the aforesaid abatement, the City may sell the salvaged material at private or public sale and shall keep an accounting of the proceeds thereof.
H.
Proceeds From Sale Of Private Property. The proceeds, if any obtained from the sale of any material salvaged as a result of an abatement of public nuisance by the City shall be deposited to the General Fund of the City and any deficit between the amount so received and the cost of the abatement shall be filed with the City Clerk. The City Clerk shall certify said costs and assess costs to the annual real estate tax bill for the property. Should the proceeds of the sale of the salvaged material exceed the cost of the abatement, the surplus, if any, shall be paid to the owner of the property from which the public nuisance was abated when a proper claim to the excess is established.
I.
Authorized Action. In abating a public nuisance, the Mayor, Police Chief or his designee may call upon any of the City departments or divisions for whatever assistance shall be deemed necessary or may by private contract cause the abatement of the public nuisance.
J.
Statement Of Costs. The City employee or other designated official tasked with said abatement shall, after completing the removal and abatement, file a statement of costs with the City Clerk. The City Clerk shall certify costs and assign costs to the annual real estate tax bill for the property. In the event the county collector fails or refuses to place the abatement costs on the annual real estate tax bill for the property, then the City Clerk is authorized to file a separate lien against the property for the costs of removal and abatement of the nuisance.