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Editor's Note: Ordinance No. 2020-182, adopted 9-9-2020, repealed former Ch. 7, Arts. I, II, III, V and VI , and adopted new Ch. 7, Art. I. For historical information on former Ch. 7, Arts. I, II, III, V and VI, and amendments to those articles consult the Comparison Table and Disposition List at the end of the Code.
[Ord. No. 2020-182, 9-9-2020; Ord. No. 2026-289, 4-6-2026]
As used in this Chapter, the following terms shall have the meanings indicated:
ABATEMENT
Means the act or process of putting an end to, or reducing in degree or intensity of, any nuisance.
AUTHORIZED INSPECTOR
Means a police officer, code enforcement officer, or other Town personnel authorized by the Town Manager to inspect and examine public or private property in the Town to ascertain the nature and existence of any nuisance. Authorized inspectors may issue notices of violations, give verbal direction and implement other enforcement actions pursuant to this Chapter.
CODE ENFORCEMENT OFFICER
Means any officer(s) or employee(s) of the Town designated or authorized by the Chief of Police or by the Chief's authorized representative to enforce the provisions of the Code.
NUISANCE
Means a thing, act, failure to act, occupation, activity, condition or use of any building, land, substance or property which:
(1) 
The continuous use or condition of which presents a substantial danger or hazard to the health, safety or welfare of the community, or works some substantial annoyance, inconvenience or injury to the public; or
(2) 
The continuous use or condition of which violates any ordinances of the Town; or
(3) 
Shall otherwise constitute or be known or declared a nuisance by state statutes or the ordinances of the Town; or
(4) 
Pollutes or contaminates any surface or subsurface waters; or
(5) 
The activity, operation or condition of which, after being ordered abated, corrected or discontinued by a lawful order of any authorized inspector, department or officer of the Town, continues to be conducted or continues to exist.
OCCUPANT
Means and includes any person occupying the whole or part of a building, premises, or land, whether alone or with others.
OWNER
Means any person owning, leasing, occupying, residing or having the right to possession and/or control of any property located within the Town boundaries, including agents of such persons.
PERSON
Means any individual, corporation, partnership, association, organization or other entity owning, occupying, keeping, leasing or having control of real property or any improvements thereon located within the Town boundaries.
PROPERTY
Means the owner's lot, tract or parcel of land in the Town, whether improved or vacant, and the area to the center of an alley abutting the lot or tract of land, if any, all easements of record, and the side lot, curb, gutter and parking area of any street abutting such lot or tract of land.
PROPERTY OWNER
Means the person who owns the property pursuant to the county real estate records. For purposes of this Chapter, unless the context otherwise provides, the term "property owner" may be distinct from the phrase "owner of property," the latter being inclusive of all persons included in the definition of owner.
PUBLIC PLACE
Means any place commonly or usually open to the general public or which is accessible to members of the general public.
REFUSE
Means any grass clippings, leaves, hay, straw, manure, shavings, paper, ashes, containers, boxes, glass, cans, bottles, garbage, waste and discarded building and construction materials, and all other items of whatever kind or nature whatsoever which are commonly known as rubbish, garbage, trash or waste. For purposes of this definition, "building and construction materials" mean plaster, broken concrete, bricks, cinder blocks, stones, wood, roofing material, wire, metal binding, sacks and all other items which are commonly known as building and construction materials.
RUBBISH
Means any type of debris, refuse, trash, waste or rejected matter.
TOWN MANAGER
Means the Town Manager of the Town of Johnstown. Reference to the Town Manager in this Chapter shall mean and include the Town Manager's authorized designee(s).
TRASH
Means any worn out, broken up or used refuse, rubbish, toppings, twigs, leaves of trees or worthless matter or material.
[Ord. No. 2020-182, 9-9-2020]
No person shall make or cause any nuisance to exist, and no person, being the owner or occupant or having under his or her control any property within the limits of the Town, shall maintain or allow any nuisance to be or remain thereon. All nuisances shall be abated or removed. A person shall be guilty of a separate offense for every 24-hour period after notice is given to abate the same.
[Ord. No. 2020-182, 9-9-2020]
Whenever the pursuit of any trade, business or the manufacturing or maintenance of any substance or condition of things is, upon investigation, considered by the Town Manager, or his or her designee, dangerous to the health of any of the inhabitants of the Town, the same shall be considered a nuisance.
[Ord. No. 2020-182, 9-9-2020]
In addition to or in lieu of any procedure for abatement, an authorized inspector may file a direct complaint of nuisance with the Municipal Court by issuance of, or by authorizing a police officer or code enforcement officer to issue, a summons and complaint.
[Ord. No. 2020-182, 9-9-2020]
(a) 
Authorized inspectors, with probable cause, may enter upon or into any property to examine the same and to ascertain whether a nuisance exists. In the event that the owner or occupant refuses entry after a request to enter has been made, the authorized inspector is hereby empowered to seek assistance from the a court, including the Municipal Court, to obtain a search warrant for such entry.
(b) 
If there is probable cause to believe that an apparent nuisance constitutes an immediate danger to public health or public safety, the authorized inspector is authorized to enter upon the property, without giving prior notice, and may take any and all measures necessary to abate or remove the nuisance.
(c) 
No person shall deny an authorized inspector entry to property when conditions exist under Subsection (b) above or when entry is made pursuant to a lawful search warrant.
(d) 
Authorized inspectors who lawfully perform duties in good faith under this Chapter shall be free from any action or liability on account thereof.
[Ord. No. 2020-182, 9-9-2020; Ord. No. 2026-289, 4-6-2026]
(a) 
Notice of abatement. An authorized inspector, upon the discovery of any nuisance on property in the Town, shall notify the owner or occupant in writing, requiring the owner or occupant to abate or remove the nuisance within the time specified in the notice.
(1) 
Time for abatement.
a. 
The time for abatement of a nuisance posing an imminent danger of damage or injury to or loss of life, limb, property or health shall require the owner to immediately abate or remove the nuisance from the property.
b. 
Except as provided above or as otherwise provided in this Chapter, the reasonable time for abatement shall not exceed seven (7) days unless it appears from the facts and circumstances that compliance could not reasonably be made within seven (7) days or that a good faith attempt at compliance is being made.
(2) 
If the owner fails to abate the nuisance as provided in the notice, the Town may abate or remove the nuisance as provided in this Section.
(3) 
In no event shall the notice described in this Section be required prior to issuance of a summons and complaint.
(b) 
Service of notice.
(1) 
An authorized inspector shall serve a written notice to abate by any one or more of the following methods:
a. 
Personally delivering a copy of the notice to the owner;
b. 
Mailing a copy of the notice by certified mail, return receipt requested, to the record property owner at the address reflected in the county real estate records; or
c. 
Posting a copy of the notice in a conspicuous location on the property. While posting the notice shall be effective service, the Town shall send a courtesy copy of the posted notice, by certified mail, return receipt requested, to the record property owner at the address reflected in the county real estate records.
(2) 
Service of notice by certified mail shall be deemed effective if the certified mail was sent to the correct address but was returned as undelivered.
(c) 
Delivery of notice. Notice shall be deemed delivered on the date of personal delivery, three (3) days after deposit in the mail or upon posting, whichever is earlier.
(d) 
Contents of notice. Notice issued pursuant to this Section shall describe the condition that is a nuisance and the time in which the condition is to be abated or removed from the property and shall contain a statement that, if the nuisance is not abated or removed within the time period allotted therein, the Town may abate or remove the nuisance and recover the costs of abatement plus an administrative fee.
(e) 
Procedure for protest and abatement.
(1) 
The person duly served with notice of a nuisance may protest such designation no later than 24 hours before the expiration of the final date to abate the nuisance named in the notice to abate. The protest must be filed in writing with the Town Manager and be conspicuously designated as such.
(2) 
Upon receipt of a protest, the Town Manager shall, within a reasonable time, determine whether the matter set forth in the notice constitutes a nuisance and provide written notice of the decision to the protestor. If the Town Manager determines that the matter does not constitute a nuisance, the person shall not be required to abate the same. If the Town Manager declares that the matter constitutes a nuisance, the person shall promptly abate the nuisance within three (3) days, unless the Town Manager extends the deadline or an appeal is filed with the Municipal Court as set forth below.
(3) 
In the event the person served with the notice to abate a nuisance desires to protest the Town Manager's declaration of nuisance, such person has the right to appeal the decision solely regarding the legal issue of the existence of a nuisance. Such protest must be filed in writing with the Municipal Court within three (3) days of the declaration of nuisance by the Town Manager.
(4) 
If no protest is made or appealed and/or the nuisance is not abated as set forth herein, the Town Manager may declare the subject of the notice to be a nuisance and order the Chief of Police, the Chiefs designee or other authorized personnel to abate the nuisance. Such person shall have the authority to call for the necessary assistance and incur the necessary expenses therefor.
[Ord. No. 2020-182, 9-9-2020]
Notwithstanding any other provision contained in this Article, whenever the Town determines that any real property or any building, structure or condition thereon is dangerous or constitutes an immediate threat to public health or safety, the Town shall, without being required to observe the provisions of this Article with reference to abatement procedures, immediately and forthwith abate such nuisance or condition. Where the abatement of such condition is immediately required, the Town shall prepare a statement of costs in respect thereto, and serve it upon the property owner, utilizing the cost recovery and assessment procedure set forth in this Article.
[Ord. No. 2020-182, 9-9-2020]
The Town shall abate all nuisances found to exist on property owned by the Town as soon as practicable.
[Ord. No. 2020-182, 9-9-2020]
(a) 
Upon the completion of an abatement by the Town, a description of the work performed shall be provided in a written report to the Town Manager. The report shall include a clear statement of the work performed and the expense incurred in abating the nuisance.
(b) 
After considering the report of costs, the Town Manager shall determine and assess the whole cost for the abatement of the nuisance, including an administrative fee and other incidental costs in connection therewith, upon the property from which the nuisance was abated.
[Ord. No. 2020-182, 9-9-2020]
The Town, as soon as practicable after the assessment is made, shall send notice of such assessment by certified mail, return receipt requested, addressed to the property owner at the last known address as reflected in the county real estate records or, if there is no known address, to the address of the subject property. The notice shall contain the name of the owner, state that work has been performed pursuant to this Chapter, include the report of costs and the assessment, demand payment of the assessment and advise that, if the assessment is not paid within thirty (30) days after receipt, the assessed amount shall become a lien against the property once the assessment is certified to the County Treasurer. The notice shall be deemed to be received three (3) days after notice is sent.
[Ord. No. 2020-182, 9-9-2020]
(a) 
The property owner shall pay the assessment within thirty (30) days after receipt of such notice. If payment is not made, the property owner shall be personally liable for the amount of the assessment. The same shall be a lien upon the respective property from the time of such assessment until it is paid, and the Town shall have all remedies for collection thereof provided by state statutes for the purpose of having the same placed upon the tax list and collected in the same manner as taxes are collected. The assessment shall have priority over all other liens except general taxes and prior special assessments.
(b) 
The amount of an assessment shall be made payable to the Town and submitted to the Town Clerk at any time before the tax list is placed in the hands of the County Treasurer, but thereafter must be paid only to the County Treasurer.
[Ord. No. 2020-182, 9-9-2020]
In the event the property owner desires to object to the assessment, the property owner shall, within thirty (30) days after the receipt of a notice of assessment, file a written objection thereto with the Town Clerk, who shall thereupon designate a regular meeting of the Town Council as the date when said property owner may appear and have a hearing before the Town Council.
[Ord. No. 2020-182, 9-9-2020]
In case the property owner fails to pay an assessment within the required time as provided above, the Town shall certify the amount of the assessment to the County Treasurer, who shall collect the assessment as provided for by state law for the collection of delinquent general taxes.
[Ord. No. 2020-182, 9-9-2020]
(a) 
No remedy provided herein shall be exclusive, but the same shall be cumulative. The taking of any action hereunder, including a charge or conviction of a violation of this Chapter in the Municipal Court, shall not preclude or prevent the taking of other action hereunder to abate or enjoin any nuisance found to exist.
(b) 
Whenever a nuisance exists, no remedy provided for herein shall be exclusive of any other charge or action, and, when applicable, the abatement provisions of this Article shall serve as and constitute a concurrent remedy over and above any charge or conviction of any municipal offense or any other provision of law. Any application of this Chapter that is in the nature of a civil action shall not prevent the commencement or application of any other charges brought under this Code or any other provision of law.
[Ord. No. 2020-182, 9-9-2020]
The enumerated nuisances described in this Chapter are not exclusive, and nuisances not otherwise described herein shall be subject to the provisions of this Chapter.
[Ord. No. 2020-182, 9-9-2020]
Any person who violates any provision of this Chapter, unless otherwise provided herein, shall be punished in accordance with the provisions of Section 1-62 of the Code.