For the purposes of this article:
Nuisance
means any condition or state of real or personal property located within the limits of the town, whether on public or private property, which presents a risk or hazard of injury, illness or loss of life or is unreasonably unsightly or produces any sound or odor which is or may be unreasonably offensive or unhealthful or which presents a clear and present danger of injury or damage to personal property. The term "nuisance" shall include, but shall not be limited to, dangerous or dilapidated structures; junk piles; properties of any nature infested with insects or other vermin; open storage or possession of hazardous or noxious chemicals or other substances; the carrying on of any activity which produces unreasonable amounts of dust, sound, or offensive odors, excluding bona fide industrial activities taking place within an area zoned for industrial use.
Owner
includes, without limitation, the owner, occupier, lessee, tenant, bailee or any other person, firm or entity in possession or control of any real or personal property which constitutes a nuisance or upon which a nuisance exists, and shall include any one or more of the foregoing where more than one person, firm or entity has ownership, possession or control of such property.
(Ordinance adopting Code; Ordinance 85-1, § 1, adopted 1/8/1985)
No nuisance shall be created, maintained, or allowed to exist anywhere within the town limits. Unless specifically stated otherwise, any nuisance as defined within this article is hereby declared a nuisance if it exists within the corporate limits of the town or within 5,000 feet of such limits. It shall further be unlawful for a person who owns, manages, or controls a property to allow such property to be used in a manner that violates this section.
(Ordinance 85-1, § 3, adopted 1/8/1985; Ordinance 2026-12 adopted 3/10/2026)
If a nuisance should exist in violation of this article, the owner, as herein defined, shall be given a written notice stating the general nature and approximate location of the nuisance and ordering that it be removed or abated within ten days after such notice is received by any one or more of the persons constituting an "owner" as herein defined; provided, however, that if such nuisance constitutes a clear and present hazard to the health or safety of any person, a lesser period may be provided in such notice.
(Ordinance 85-1, § 4, adopted 1/8/1985)
If, for any reason, any nuisance continues to exist after the time specified in the notice provided for in § 8.02.003, the town shall, after a hearing before the Town Council, have the right, but not the obligation, to do anything which the town deems reasonable or appropriate to abate or remove such nuisance, to partially abate it, to reduce the danger posed thereby or to otherwise act in the interest of the public health, safety or welfare, or, in the alternative to obtain any appropriate injunction or order of any court of competent jurisdiction. Any costs, charges, expenses or other obligations of any nature whatsoever incurred by the town in taking any action under this section shall be the obligation of the owner and the town shall be entitled to immediate reimbursement thereof and shall have a lien upon any real estate or a valid security interest in the personal property associated with said nuisance to secure the payment of any such amounts.
(Ordinance 85-1, § 5, adopted 1/8/1985)
The failure of any owner to comply with the terms of any notice given under this article shall be a misdemeanor punishable by a fine as provided in § 1.01.009 of this Code. Each and every day any such owner fails to comply with any such notice shall constitute a separate offense.
(Ordinance adopting Code; Ordinance 85-1, § 6, adopted 1/8/1985)