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Chapter 8.14 NUISANCES
Note: This would replace the current 8.16 Nuisances on Property chapter Draft-9/28/09
8.14.1 PURPOSE. The purpose of these regulations is to provide for the cleaning of real property; the securing, maintenance or removal of deleterious structures; the control of weeds; the maintenance of landscaping; and the prevention of the inappropriate storage of vehicles and materials in the City. It is intended that the requirements will:
A. Prevent or lessen:
1. fire hazards;
2. insect, rodent and other vermin harborage;
3. the induction of hazardous pollens into the air;
4. further spreading of vegetation that threatens the public health, safety or welfare.
B. Provide for the abatement of objects, structures or materials that threaten the public health, safety,. or welfare or that create a public nuisance.
C. Protect property values and improve the health, safety and appearance of the City by preventing or abating conditions on real property or structures thereon which create or maintain nuisances.
These regulations are not intended to apply to regular fanning practices and existing agriculture lands relating to weeds and grasses (other than declared noxious weeds), operable machinery, fence and ditch lines. They are intended to apply, as to safety items, to all areas of the city.
8.14.2 DEFINITIONS. As used in this chapter, the following words and terns shall have the meanings ascribed to them in this section:
ABATE: To put an end to any condition which is considered a violation of this chapter.
ACCUMULATIONS OF MANURE, DROPPINGS OR OTHER WASTE: Manure, droppings or other waste or debris, or offensive material resulting from animal keeping which has not been removed or cared for in such a manner as to avoid becoming offensive or annoying to other persons or becoming a health hazard.
ACCUMULATIONS OF SNOW ON SIDEWALKS: All accumulations of snow, sleet, hail or other precipitation impairing safe access and use of sidewalks abutting on any public right of way of the city which has not been removed within twelve (12) hours from the termination of the depositing storm. The responsible party shall be any person owning, occupying, having control or charge or being an agent over any building, property, lot or partial lot of land abutting said sidewalks.
APPROVED PARKING SURFACES OR LOCATIONS: Parking for motor vehicles, boats, recreational vehicles, ATV's or trailers shall include the following:
A. For residential properties, such surfaces and locations shall be:
1. On the hard surface (concrete or asphalt) driveways; or
2. Within a garage or carport; or
3. On side or rear yard hard surfaces (concrete or asphalt); or
4. On side or rear yard weed free gravel surfaces; or
5. In side or rear yards enclosed with solid, view restricting fences at least six feet in height.
B. For commercial or industrial properties as allowed by the approved site plan and/or as found in city ordinances.
CONSTRUCTION SITE CONTROL:
A. The general contractor, including owner-builder, of every subdivision, residential or commercial building construction site, shall:
1. Maintain on the premises of each building lot or construction site, and not on a street, sidewalk or other public property right of way, from the first day through the last day of construction:
a. A portable toilet facility meeting the health requirements of the law;
b. A. commercial trash bin or trash containment bin, which shall be used for refuse on the site and which shall be emptied as often as necessary to comply with the intent of this requirement and whenever full;
c. Exceptions to the requirements of a portable toilet facility and/or a commercial trash bin may be granted in writing by the building inspector upon a showing that such facilities are otherwise reasonably accessible and that the building construction site is free of nuisance conditions otherwise.
2. Maintain the premises in such a manner that mice, rats, rodents or other animals do not inhabit the premises;
3. Prevent garbage, refuse, dirt, rocks or building materials from encroaching onto sidewalks, streets, or any other public or private property.
4. Prevent the blowing of construction debris, paper or other items onto neighboring properties.
DELETERIOUS: Anything injurious to the health, safety or welfare of any persons.
DELETERIOUS OBJECTS OR STRUCTURES: Burned machinery; buildings and equipment which are obsolete or in disuse; parts of vehicles; unsecured vacant structures; inoperable vehicles or equipment; buildings in a state of general disrepair; objects with sharp, protruding edges; any structure which has become a fire hazard due to the accumulation of combustible materials; objects supported in such a manner as to be easily dislodged from the support; fences in a state of disrepair.
DELETERIOUS OR NOXIOUS WEEDS: Vegetation that has become a fire hazard as defined in the International Fire Code or as has been determined by the North View Fire Department; weeds or grasses that are not maintained at less than six inches (6") in height; plants specifically listed as noxious weeds by the state of Utah or by Weber County, or as may be from time to time hereafter amended (see list on file in the city office); vegetation that endangers the public health and safety by creating a fire hazard or insect, rodent or other vermin harborage.
DEPOSITING OF SNOW OR OTHER MATERIALS IN THE STREET: Any snow or other material from a business or residential property which is deposited in a street maintained and plowed for purposes of snow removal by the city or other public agency. The responsible party shall be any person owning, occupying, having control or charge or being an agent over any building, property, lot or partial lot of land abutting said street.
OBSTRUCTIONS TO VISION OR TRAVEL: Trees or shrubs which intrude into the sidewalk
space or are not trimmed to a minimum clearance of seven feet (7') over sidewalks or thirteen and one-half feet (131/2') over roadways; any object which would prohibit the full use of sidewalk space by any person; any object placed in such a location as to unreasonably or dangerously restrict the clear view of roadways by persons using or entering the roadway. The responsible party shall be any person owning, occupying, having control or charge or being an agent over any building, property, lot or partial lot of land abutting said street or sidewalk.
OWNER: Any person, who alone or with others:
A. Has legal title to any premises or dwelling, with or without accomplishing actual possession thereof; or
B. Has charge, care or control of any premises or dwelling, as legal or equitable owner, lessee, or is an agent of the owner or the estate of the owner in any manner.
PREMISES IDENTIFICATION: Numbers or addresses placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.
REFUSE, DEBRIS, GARBAGE, JUNK:. Spent, useless, worthless or discarded materials; used tires; parts of vehicles; old and unused machinery and appliances or parts thereof; trash; rubbish; waste plant materials; trimmings; litter; scrap building materials; waste food products; dead animals.
SIGHT TRIANGLE AREA: The following methods shall be used to determine the sight triangle area of a particular lot or property (see diagram on file in the city office):
A. Where curbs are installed; that portion of a corner lot lying within a triangular area formed by measuring back along each of the curb lines to a point forty feet (40') from the intersection of said curb lines, and then connecting the two (2) points with a third line.
B. Where no curbs are installed; that portion of a corner lot lying within a triangular area formed by measuring back from the property lines adjacent to the intersecting streets to a point on each property line thirty feet (30') back from the intersection of said property lines and then connecting the two (2) points with a third line.
WRECKED, INOPERABLE, OR ABANDONED VEHICLES OR EQUIPMENT:
A. These items shall include motor vehicles, boats, recreational vehicles, ATV's, trailers or equipment. These shall not include operable farm machinery (tractors, mowers, bailers, rakes, etc.).
B. Any vehicles or equipment with parts taken from them; vehicles designed to be used in demolition driving contests or similar events; vehicles or equipment without proper and current registration and license plates which are more than three (3) months past the valid licensing period; vehicles made inoperable due to a collision or other event.
C. A vehicle or item of machinery shall be deemed inoperable if it is not currently licensed, as required by state code, and/or not operable for the use for which it was intended. The same shall be deemed abandoned if it has been left unattended for a period of three (3) days or more upon any public property or 10 days or more on private property not owned or leased by the vehicle or equipment owner.
D. Exception: This section shall not apply to vehicles or equipment located on private property in such a manner as to not be visible from the public right of way (street or sidewalk). . This would include being within a solid, view restricting fence or wall at least six feet in height or behind buildings not bordering on lands used for housing or commercial purposes. Such vehicles
or equipment must be located and stored in such a way that weeds are controlled, they do not become a harbinger of rodents or insects, and are not in an unsafe condition.
8.14.3 NUISANCES PROHIBITED.
A. It is unlawful for the owner or occupant of property in the city to maintain or allow on said property any condition which constitutes a declared nuisance.
B. It is hereby declared that knowledge by a property owner and/or occupant of the existence of nuisance conditions shall be presumed since it is hereby declared that the owner and/or occupant has an obligation to know the condition of his property and whether or not it is in compliance with this chapter.
8.14.4 DECLARED NUISANCES. Any or all of the following conditions shall constitute a declared nuisance:
A. Deleterious or noxious weeds.
B. Wrecked, inoperable or abandoned vehicles equipment.
C. Refuse, debris, garbage or junk.
D.. Deleterious objects or structures.
E. Any source of contamination or pollution of water, air or property as determined by the. county health or state environmental depar tments.
F. Any condition which constitutes a fire hazard, a danger to health, or is a breeding place or habitation for insects or rodents or other fauns of life deleterious to human or animal health or habitations.
G. Accumulations of snow on sidewalks.
H. Depositing of snow or other materials on city streets.
I. Anything which unreasonably or unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any public or private street, highway, sidewalk, stream, ditch or drainage way.
J. Any obstruction in the sight triangle area on corner lots except as allowed in the zoning ordinances.
K. Any tree or shrub which overhangs or projects into any street, sidewalk, park strip or other city property and appears to be dead or liable to fall into any such city property, or which constitutes an obstruction to vision or travel on any city sidewalk, property or street.
L. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the building codes or zoning ordinances of the city, or any use of land, buildings or premises in violation of city ordinances. Any building or structure which are abandoned, partially destroyed, or left in an unreasonable state of partial construction for a period of six (6) months or longer. An unreasonable state of partial construction is defined as any unfinished building or structure that causes visual blight, is offensive to the senses, creates a harborage for rodents or pests, or detrimentally affects property in the surrounding neighborhood or community.
M. Any building or structure which is unfit for human habitation as determined by the health department, or which is an unreasonable hazard to the health of people residing in the vicinity thereof, as determined by the health department, or which presents an unreasonable fire hazard in the vicinity where it is located, as determined by the fire department.
N. Noxious or unreasonable odors, fumes, gas, smoke, soot or cinders, as determined by the state environmental department. .
O. Any excessive accumulation of manure, droppings or other waste in any stable, stall, corral, yard or place in which any animal shall be kept.
P. Having or permitting on any premises any fly or mosquito producing condition.
Q. Failing to maintain proper premises identification.
R. Parking on unapproved surfaces or locations.
S. Failure to landscape front yards within twelve (12) months of occupancy or completion of a new residence.
T. Non-compliance with construction site control requirements.
U. Any violation of SWPP (Sto m Water Pollution Prevention) requirements.
V. Any condition declared a nuisance under the authority of any other portion of the ordinances of the city or the laws of the state.
8.14.5 JURISDICTION; POWERS AND DUTIES; SCOPE.
A. Enforcement Department: The development services department, herein referred to as the "department", shall have the primary responsibility for carrying out the provisions of this chapter and all city ordinances dealing with nuisances, business regulation, zoning, signs, trees and other land use issues as may from time to time be added by the city administrator.
1. The department shall establish procedures, criteria and standards for inspections and enforcement.
2. The department shall review all complaints or requests for action not clearly falling within the jurisdiction of a particular city department. and all those dealing with the ordinances over which it has jurisdiction.
3. The department shall keep all records of complaints and requests for action referred to it and shall maintain all records of violations determined by it.
4. The department may request action by any city department on complaints, violations or abatement activities.
B. Inspections: The department shall be responsible for inspecting and examining real property within the municipality for the purpose of determining the existence of violations of this chapter. The inspectors shall have the authority to enter those premises where they have a reasonable cause to believe a violation exists, at reasonable times, to inspect or to perform the duties imposed by the ordinances of the city; provided, that if the premises are occupied that credentials be presented to the occupant and entry requested. If entry is refused, the inspectors shall have recourse to the remedies provided by law to secure entry.
C. Notices of violation:
1. Upon a finding of violation by the inspector, the inspector shall serve notice, in writing, upon the owners and occupants of the premises, either personally or by mailing the notice, postage prepaid, addressed to the owners and/or occupants at their last known addresses, as disclosed by the records of the county assessor, or as otherwise ascertained.
2. The written notice shall require the owners and/or occupants to abate (eradicate, destroy and/or remove) the items that are found to be in violation of this chapter within such time as the code enforcement officer may designate, which shall not be less than ten (10) days from the date of service of such notice. If the service is mailed, then the service shall be deemed complete upon mailing.
3. Notices shall include the potential penalty and abatement options.
D. Enforcement Authority: The inspectors shall have the authority to apply the penalties, civil and criminal procedures, and abatement provisions of this chapter, and may call upon the assistance of the police department in discharging their duties.
8.14.6 ABATEMENT ALTERNATIVE. If any owner or occupant of property described in a properly given notice as per the requirements established under the authority of this chapter shall
fail to abate any unlawful conditions in accordance with such notice, the inspector may, in addition to applying the penalties and additional remedies of this title:
A. Employment of Assistance: At the expense of the municipality, employ necessary assistance and cause such conditions to be brought into compliance with this title by doing any or all of the following:
1. Cutting, eradicating and removing of weeds;
2. Securing any vacant structure;
3. Maintaining or repairing deleterious objects or structures;
4. Removing any deleterious object or structure;
5. Removing snow from sidewalks or from those streets where deposited contrary to the provisions of this chapter.
B. Statement Of Expenses To Owner: After completion of the work, the inspector shall prepare an itemized statement of all expenses incurred, including administrative costs, in the removal and destruction of the same, and shall mail a copy thereof to the owner demanding
payment within twenty (20) days of the date of mailing. Said notice shall be deemed delivered when mailed by registered mail addressed to the property owner's last known address.
C. Failure To Pay: In the event the owner fails to make payment of the amount set forth in said statement to the city. treasurer within said twenty (20) days, the inspector shall refer the matter to the city attorney who may:
1. Cause suit to be brought in an appropriate court of law; or
2. Refer the matter to the county treasurer to be included in the taxes payable by the property owner, and may attach a lien on the property, as provided hereinafter.
D. Collection: In the event collection of costs is pursued through the courts, the city may sue for and receive judgment upon all said costs, together with reasonable attorney fees, interest and court costs.
E. Referral To County Treasurer: In the event the city attorney elects to refer the matter to the county treasurer for inclusion in the tax notice of the property owner, he shall make an itemized statement of all expenses incurred, including all additional administrative expenses and all lien transaction expenses, and shall deliver three (3) copies of said statement to the county treasurer within ten (10) days of the failure to pay said costs. The city attorney shall request in writing that the county treasurer take such action as provided by law, requesting that the amount payable to the city be included in the tax notices to the property owner and that upon collection of said money, it be paid by the county treasurer to the city. The city attorney shall also cause the same to become a lien upon the lands involved by filing the appropriate papers with the county assessor.
8.12.7 EXCEPTIONS.
A. Weeds. Weeds on real property not in close proximity to buildings or not creating a fire hazard may be exempted by the inspector, upon advice and concurrence of the fire marshal, from the weed control requirements of this chapter. Such properties would include, but not be limited to, areas considered wetlands or in a pristine state and contributing to the habitat of non-injurious animals, pastures and fallow lands.
1. If the inspector determines that the large size of the property makes the cutting of all weeds impractical, the inspector may issue an order limiting the required cutting of weeds to a firebreak of not less than fifteen feet (15') in width around any structures and, where practical, around the complete perimeter of the property. In determining an exception, the inspector will consider the size of the property, the topography of the property, proximity to structures on other property, accessibility to the property by others, any conditions which could contribute to increased fire hazards, and the seriousness of the weed problem.
B. Vehicles. Wrecked, inoperable or obsolete vehicles which are owned by the owner or occupant of the property on which they are located and which the owner desires to restore or repair in the immediate future may be exempted from the provisions of this chapter by obtaining a permit for each such vehicle for a period of one year. Six (6) month extensions may be obtained, provided the requirements as stated hereinafter are met. This section shall not apply to vehicles or equipment located on private property in such a manner as to- not be visible from the public right of way (street or sidewalk). This would include being within a solid, view restricting fence or wall at least six feet in height or behind buildings not bordering on lands used for housing or commercial purposes. Such vehicles or equipment must be located and stored in such a way that weeds are controlled, they do not become a harbinger of rodents or insects, and are not in an unsafe condition.
1. Each such permit or extension shall be obtained from the department after giving proof of ownership and filling out an application on a form to be provided which gives sufficient information to readily identify the vehicle and property in question and paying a fee as established by resolution.
2. Each such vehicle shall remain covered by a view obstructing tarp or similar cover at all times, except when actual restoration or repair work is in progress.
3. In the event any part of the vehicle is raised off the ground other than by wheels firmly attached to the vehicle, it shall be supported in such a manner as to assure it cannot be readily dislodged or fall from such support.
5. A copy of the permit shall be kept with the vehicle at all times and shall be shown to the inspector upon demand.
6. Each such vehicle shall be located on an approved parking surface and/or area only.
7. Failure to comply with the terms of this subsection shall void the permit and cause the vehicle to be declared a nuisance and subject to the penalty and abatement provisions of this chapter.
C. Approved parking. Residential property owners not in compliance with parking requirements and who are parking on unapproved surfaces or locations, may get a one-time only four (4) month time period within which to remedy the parking violation. Such time period may be granted by the Inspector at his discretion, based on the remedy proposed by the property owner, such as: 1) install a hard surface, 2) put in a gravel pad in an approved location, 3) move the vehicle to an enclosed area, or 4) sell or otherwise remove the vehicle.
8.14.8 EMERGENCY ABATEMENT.
A. Authority: Should the inspector determine that any conditions subject to the provisions of this chapter are of such a nature as to render life or property in immediate jeopardy, he may cause or order such condition to be immediately abated. No notification shall.be necessary, but before any removal is done, diligent effort shall be made to contact the owner or occupant of the affected property and require that said conditions be abated within twenty four (24) hours. If contact is made and the condition is not abated within the twenty four (24) hour period, abatement alternatives may be immediately instituted.
B. Violations: Violations occurring under these circumstances are subject to any or all penalties and remedies as provided in this chapter.
8.14.9 ADDITIONAL REMEDIES. In addition to the penalties and abatement procedures outlined in this chapter, the inspector may initiate any or all of the following actions:
A. Injunctions;
B. Mandamus;
C. Proceedings to prevent, enjoin, abate or remove; or
D. Other such actions through the courts.
8.14.10 PENALTY.
A. Violations of this ordinance shall be punishable either:
1. Asa class C misdemeanor; or
2. By imposing civil penalties as follows:
a. Any person who is found by the inspector to be in violation of any of the provisions of this chapter, either by failing to do those acts required herein or by doing a prohibited act, shall be liable to the city for the following civil penalties:
(1) First citation - $100.00
(2) Second citation - $200.00
(3) All subsequent citations - $500.00
b. All citations shall be due and payable to the city treasurer within twenty (20) days of the date of issuance.
c. In the event any citation remains unpaid or not dismissed after twenty (20) days from the date of issuance, the inspector shall refer the matter to the city attorney for suit in an appropriate court of law. The violator shall be liable for reasonable attorney fees, any administrative expenses and court costs.
d. Persons issued citations shall have the option of abating the violation within fourteen (14) days of the date of issuance and having that citation dismissed by the department following procedures established under the authority of this chapter.
B. One Notification Sufficient For Season: Only one notification procedure (as established by the depailinent) shall be necessary for continuing violations on the same premises within the same calendar year and shall be deemed sufficient on any lot or parcel of property for the entire season of weed growth during that year.
C. Each Day Separate Violation: Each day of violation shall constitute a separate violation.
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