[HISTORY: Adopted by the City Council of the City of Fairfax 5-7-1991 by Ord. No. 606. Amendments noted where applicable.]
Adult entertainment — See Ch. 64.
Alcoholic beverages — See Ch. 71.
Building construction — See Ch. 92.
Open burning — See Ch. 99.
Noise — See Ch. 141.
Nudity — See Ch. 148.
Parking — See Ch. 162.
Solid waste — See Ch. 190.
Streets and sidewalks — See Ch. 204.
Vehicles, storage of — See Ch. 246.
Whoever by his act or failure to perform a legal duty does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:
Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; or
Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way; or
Is guilty of any other act or omission declared by law or this code to be a public nuisance and for which no sentence is specifically provided.
The following are hereby declared to be nuisances affecting health:
Exposed accumulation of decayed or unwholesome food or vegetable matter.
All diseased animals running at large.
Pools of stagnant water.
Carcasses of animals not buried or destroyed within 24 hours after death.
Accumulation of manure, tin cans, bottles, trash, ashes, refuse or debris of any nature or description.
Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors.
The pollution of any public well or cistern, stream or body of water by sewage, industrial waste, or other substances.
Dense smoke, noxious fumes or odors, gas and soot, or cinders in unreasonable quantities.
All public exposure of persons having a contagious disease.
The placing of the contents of any cesspool, septic tank, privy vault, or garbage can upon the surface of public or private property.
Any offensive trade or business as defined by statute not licensed by the City.
The following are declared to be nuisances affecting public peace and safety.
No person shall make or cause to be made distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any persons or precludes their enjoyment of property or affects their property's value.
Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this code or other applicable law.
Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk.
All hanging signs, awnings, and other similar structures over streets and sidewalks that are not constructed and maintained in a sound condition as to endanger public safety.
The allowing of excessive rainwater, ice, or snow fall from any building or structure upon any street or sidewalk or to flow across any sidewalk.
All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public.
Wastewater cast upon or permitted to flow upon streets or other public property.
Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, lumber, wood, or other material, or the rank growth of vegetation among the items so accumulated, in a manner conducive to the harboring of rats, mice, snakes or vermin, or in a manner creating fire, health, or safety hazards from such accumulation.
Any well, hole, or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located.
Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, or ditch through accumulation of trash or other materials.
The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substances which may injure any person or animal or damage pneumatic tire when passing over such substances.
The depositing of paper, litter, debris, garbage or refuse on a public right-of-way or on adjacent private property, or the throwing of any such matter from a motor vehicle.
Building or alterations to buildings made or erected in violation of the State Building Code, the State Plumbing Code, or the State Fire Code.
Placing driveway entrances or culverts, or doing any other act which alters or affects the drainage, surface, or grade of a public street or alley.
A property owner is not allowed to have a partially dismantled, inoperable, junked, discarded, or unlicensed motor vehicle or trailer on public or private property within the City limits that is zoned residential unless the motor vehicle or trailer is stored within a building. Inoperable or abandoned vehicles and trailers are motor vehicles that cannot run under their own power for at least 14 days, motor vehicles or trailers that have expired tabs, or motor vehicles or trailers that are without the necessary equipment and registration to operate legally on the public streets, including but not limited to motor vehicles with missing windows, flat tires, inoperable lights, and other similar conditions.
[Amended 6-14-2011 by Ord. No. 155]
All other conditions or things which are likely to cause injury to the person or property of anyone.
[Amended 2-13-2007 by Ord. No. 414]
The Police Department shall enforce the provisions of this chapter with reference to nuisances affecting public health and the provisions relating to nuisances affecting public safety and shall assist the other designated officers in the enforcement of other provisions of this chapter. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances.
General. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the City, the officer shall have the City Clerk-Treasurer notify in writing the owner or occupant of the premises of such fact and order that such nuisance be terminated and abated as follows:
The notice shall be served in person or by certified or registered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises.
The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding 30 days, within which the nuisance is to be abated; provided the time for abatement shall not exceed 10 days in the case of noxious weeds.
If the notice is not complied with and there is no appeal within the time specified, the enforcing officer shall report that fact forthwith to the City Administrator.
Thereafter, the City Administrator may cause the nuisance to be abated by the City.
Emergency abatement. When the officer charged with enforcement determines that a nuisance constitutes a serious and imminent danger to the public safety or health, the officer may summarily abate the nuisance after a reasonable attempt to notify the owner or occupant of the property. The City Clerk-Treasurer shall immediately thereafter notify in writing the owner or occupant of the premises of the action taken. The notice shall be served in person or by registered or certified mail.
Costs of abatement. The cost of the abatement may be assessed as a current service against the property upon which the nuisance was created.