A. For
the purposes of this chapter the word “nuisance” is defined
as 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 in the town either:
1. Injures
or endangers the comfort, repose, health or safety of others; or
3. Is
offensive to the senses; or
4. Unlawfully
interferes with, obstructs or tends to obstruct or renders dangerous
for passage any public or private street, highway, sidewalk, stream,
ditch or drainage; or
5. In
any way renders other persons insecure in life or the use of property;
or
6. Essentially
interferes with the comfortable enjoyment of life and property, or
tends to depreciate the value of the property of others.
B. A public
nuisance consists of knowingly creating, performing or maintaining
anything affecting any number of citizens without lawful authority
which is either:
1. Injurious
to public health, safety, morals or welfare; or
2. Interferes
with the exercise and enjoyment of public rights, including the right
to use public property.
C. Whoever
commits a public nuisance for which the act or penalty is not otherwise
prescribed by law is guilty of a petty misdemeanor.
(1981 Code, secs. 13-1, 13-12)
The maintaining, using, placing, depositing, leaving or permitting
to be or remain on any public or private property in the town of any
of the following items, conditions or actions are defined and declared
to be and found to constitute a nuisance; provided, however, this
enumeration shall not be deemed or construed to be conclusive, limiting
or restrictive:
A. Noxious
weeds and other rank vegetation;
B. Accumulation
of rubbish, trash, refuse, 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;
E. All
unnecessary or unauthorized noises and annoying vibrations, including
animal noises;
F. 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;
G. The
carcasses of animals or fowl not disposed of within a reasonable time
after death;
H. The
pollution of any public well or cistern, stream, lake, canal or body
of water by sewage, dead animals, creamery or other industrial wastes
or other substances;
I. 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;
J. Any
accumulation of stagnant water permitted or maintained on any lot
or piece of ground.
(1981 Code, sec. 13-3)
It is unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance. Any violation of this section shall be subject to the criminal penalties set forth in section
8.28.120 of this chapter.
(1981 Code, sec. 13-4)
Each property owner within the town, whether a natural person
or other legal entity, shall be responsible under the provisions of
this chapter for each individual tract of property owned and his responsibility
established herein will extend to abutment of other adjoining property
lines. When any portion of the property abuts on a public road or
alley the property owner’s responsibility shall extend to the
center of the road or alley; provided, however, that this section
shall not restrict in any manner the maintenance of the full alley
and street by the street department.
(1981 Code, sec. 13-5)
Whenever a nuisance is found to exist within the town or within
the town’s extraterritorial jurisdiction, an officer of the
town shall give written notice to the owner or occupant of the property
upon which such nuisance exists or upon the person causing or maintaining
the nuisance.
(1981 Code, sec. 13-6)
The notice to abate a nuisance issued under the provisions of
this chapter shall contain:
A. An order
to abate the nuisance or to request a hearing within a stated time,
which shall be reasonable under the circumstances;
B. The
location of the nuisance, if the same is stationary;
C. A description
of what constitutes the nuisance;
D. A statement
of acts necessary to abate the nuisance;
E. A statement
that if the nuisance is not abated as directed and no request for
hearing is made within the prescribed time, the town will abate such
nuisance and assess the cost thereof against such person and any applicable
property.
(1981 Code, sec. 13-7)
A notice to abate a nuisance issued under the provisions of
this chapter shall be served as any other legal process may be served
pursuant to law.
(1981 Code, sec. 13-8)
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
same, an officer of the town shall proceed to abate such nuisance
and shall prepare a statement of costs incurred in the abatement thereof.
(1981 Code, sec. 13-9)
Any and all costs incurred by the town 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.
(1981 Code, sec. 13-10)
A house of prostitution is a public nuisance per se.
(1981 Code, sec. 13-14)