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HomeMy WebLinkAbout15 - NUISANCES . . . . . Chapter 15 NUISANCES" Article I. In General Sec. 15-1. Definitions. Sec. 15-2. Purpose. Sec. 15-3. Enforcement. Sec. 15-4. Inspection of properties. Sec. 15-5. Abatement of nuisances. Sec. 15-6. Recovery of expense of abatement. Sec. 15.7. Protest of notice of abatement. Sec. 15-8. Unlawful acts. Sec. 15-9. Enforcement and remedies. Sec. 15-10-15.20. Reserved. Article n. Specified Nuisances Sec. 15~21. Offensive trade or business. Sec. 15-22. Littering public or private property. Sec. 15-23. Condition of stable, fertilizer, buildings. Sec. 15.24. Blowing dust. Sec. 15-25. Offensive locations. Sec. 15-26. Offensive discharges. Sec. 15-27. Weed control. Sec. 15.28. Trees and shrubs. Sec. 15-29. Offensive or unhealthy uses. Sec. 15-30. Specified activities prohibited at golf driving ranges. Sec. 15.31-15.39. Reserved. Article Ill. Reserved Secs. 15-40-15-48. Reserved. *Cross references-Litter control generally, ~ 20.21 et seq.; waterway litter control, ~ 20-41 et seq.; vehicle emission controls, ~ 13.21 et seq. State law references-Home rule powers, Col. Canst. Art. xx, S 6; municipal authority to define and prevent nuisances, C.S. ~ 31.15.401. Supp. No. 15 963 re I I I e e NUISANCES ARTICLE I. IN GENERAL Sec. 15-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agent means and includes any person acting on behalf of or in place of the owner. Litter means and includes any and every rub- bish, waste material, refuse, garbage, trash, de- bris, excrement, urine, offal composed of animal matter or vegetable matter or both, or any nox- ious or offensive matter whatever, including but not limited to, any discarded dead animal, dead bird, dead fish, fishing line, bait, chemical, chem- ical compound, petroleum product or compound, automobile part or accessory, tire, wheel, junk, paper, cardboard, can, lid, bottle, cap, carton, wrap- per, box, wooden object, plastic object, clothing, cloth, metal object, rubber object, leather object, hide, feathers, grass clippings, leaves, cut weeds, branches cut from trees or bushes, brick, cinderblock, building material, paint, concrete, sand, gravel, stone, glass, asphalt, ashes, cigarette, cigar, food or food product, solvent, dye, beverage, and liquid except water. Occupant means and includes any person who. occupies the whole or a part of a building, premo ises, or land, whether alone or with others. Owner means and includes: (1) Any owner or holder of any legal or equi- table estate in real property, including a dominant or servient tenement, except a future or reversionary interest and except the interest of a public trustee, lienholder, mortgagee, or beneficiary of a deed of trust. (2) The owner of record, as reflected by the records of the office of the county clerk and recorder. Proper authorization means and includes the written or verbal authorization of an officer, agency or judge of the city or the state authorizing or requiring an act which is done in pursuance of such authorization; and, in the case of any provi- sion defining an offense against private property, ~ 15-1 the written or verbal authorization or permission of the owner of such property. A public officer or employee acting within the scope of his authority or employment shall be deemed to have proper authorization therefor. Public nuisance includes: (1) The conducting or maintaining of any busi- ness, occupation or activity prohibited by statute or by this chapter. (2) The continuous or repeated conducting or maintaining of any business, occupation, operation, activity, building, land or prem- ises in violation of statute or this chapter. (3) Any building, structure or land open to or used by the general public, the condition of which presents a substantial danger or haz. ard to public health or safety. (4) Any unlawful pollution or contamination of any surface or subsurface waters in this city, or of the air, or of any water, sub. stance, or material intended for human consumption. (5) Any activity, operation or condition which, after being ordered abated, corrected or dis- continued by a lawful order of an agency or officer of the city or the county, continues to be conducted or continues to exist in violation of statute or this chapter or in violation of any regulation of the city, the county, or the state. (6) Any activity, operation, condition, building, structure, place, premises or thing which is injurious to the health or safety of the citi- zens of the city, or which is indecent or offensive to the senses so as to interfere with the comfortable enjoyment of life or property. (7) Any nuisance defined or declared as such by statute or this chapter. Public place means and includes: (1) Any street, highway, public right-of-way, sidewalk, driveway, alley, church, school building, school grounds, public building, library, fire station, park, parking lot or vacant land. 965 ~ 15.1 WHEAT RIDGE CITY CODE (2) The entire premises of any shopping cen- ter, restaurant, bar, store, service establish- ment, service station, theater, auditorium or place of amusement, except any portion of the premises reserved for the use of the owner or operator thereof or the employees of such owner or operator, and except any portion of the premises from which the gen- eral public is excluded. (3) Any lobby, corridor, elevator, stairway, pub- lic room, common rootn or recreation room in a hotel, motel, office building or apart- ment building. Public or private property includes, but is not limited to, the real property, building or struc- ture thereon of any person, state, county, city, public or private corporation, or the United States; the right-of-way of any street, road, railroad, or highway; and any body of water, irrigation ditch, or watercourse, including frozen areas thereof and the shores and beaches thereof; any park, play- ground huilding or recreation area; and any school grounds, school building or property used for school purposes. -- - Statute means a statute of the state. Trees and shrubs include all trees, shrubs, bushes and all other woody vegetation. (Ord. No. 1988-760, ~ 1(13-2),6-13-88) Cross reference-Definitions and rules of construction gen- erally. ~ 1.2. Sec. 15-2. Purpose. It shall be the policy of the city to promote the health, safety, morals, convenience, order, pros- perity and welfare of the present and future in. habitants of the city and, therefore, the city coun- cil declares that every public nuisance shall be unlawful, and shall be restrained, prevented, abated and enjoined. (Ord. No. 1988-760, ~ 1(13-1),6-13-88) Sec. 15-3. Enforcement. In furtherance of the city's policy of encourag- ing voluntary compliance with all provisions of this Code, any person deemed or alleged to be in violation of, or not in compliance with, any of the provisions of this chapter shall, to the extent pos- sible or practical, be notified of such alleged vio- lation or lack of compliance prior to the initiation either of abatement or enforcement proceedings, and shall be offered a reasonable opportunity to bring the property, or use of the property, into compliance with the provisions of this Code. (Ord. No. 1988-760, ~ 1(13-3),6-13-88) _ Sec. 15-4. Inspection of properties. (a) Authorized inspector. The mayor and the city administrator shall have the power and au- thority to appoint and authorize any police offi- cer, building inspector, zoning enforcement offi- cer, or other officer of the city to inspect and examine any public or private property in the city for the purpose of ascertaining the nature and existence of any nuisance. (b) Right of entry generally. Whenever neces- sary to make an inspection to enforce any of the provisions of this chapter, or whenever an author- ized inspector has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a nuisance here- under. such inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed on him; provided, however, that if such building or prem- ises is occupied, such inspector shall first present proper credentials and request entry; and if such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or occupant or other person or persons having charge or control of the building or premises, and upon locating the owner, occupant or other person or persons shall present proper credentials and re- quest entry. If entry is refused, such person shall give the owner or occupant, or if the owner or occupant cannot be located after a reasonable ef- fort, he shall leave at the building or premises, a written notice of intention to inspect not sooner than twenty-four (24) hours after the time speci- fied in the notice. The notice given to the owner or occupant or left on the premises shall state that the property owner has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a municipal judge of the city, or by a judge of any other court having jurisdic- tion. The requirements of this section shall not _ e 966 _ _ e NUISANCES apply to public places, including privately owned vacant land which may be inspected by an au- thorized inspector at any time without notice_ (c) Search warrants. After the expiration of the twenty-four-hour period from the giving or leav- ing of such notice, the authorized inspector may appear before any municipal judge of the munici- pal court of the city and upon a showing of proba- ble cause by written affidavit shall obtain a search warrant entitling him to enter the building or upon the premises. Upon presentation of the search warrant and proper credentials, or possession of same in the case of an unoccupied building or premises, the authorized inspector may enter into the building or upon the premises using such rea- sonable force as may be necessary to gain entry. (d) Probable cause. For the purposes of this sec- tion, a determination of "probable cause" will be based upon reasonableness, and if a valid public interest and reasonable suspicion of violation jus. tjfies the intrusion contemplated, then there is probable cause to issue a search warrant. The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises in issue in order to obtain a search warrant, but must show some factual or practical circumstances that would cause an ordinary prudent person to act. It is unlaWful for any owner or occupant of the building or premises to deny entry to any authorized inspector or to resist reasonable force used by an authorized inspector, acting pursuant to this section. (el Emergencies. Whenever an emergency sit- uation exists in relation to the enforcement of any of the provisions of this chapter, an author- ized inspector upon a presentation of proper cre- dentials or identification, in the case of an occu- pied building or premises, or possession of the credentials in the case of an unoccupied building or premises, may enter into any building or upon any premises within the jurisdiction of the city. (1) In the emergency situation such person or his authorized representative may use such reasonable force as may be necessary to gain entry into the building or upon the premises. Supp. No.8 115.5 (2) For purposes of this subsection, an emer- gency situation includes any situation where there is imminent danger of loss of, or in. jury or damage to, life, limb or property. It is unlawful for any owner or occupant of the building or premises to deny entry to any authorized inspector or to resist rea- sonable force used by the authorized offi- cial acting pursuant to this subsection. (I) Search warrants. Any municipal judge of the municipal court of the city shall have power to issue search warrants upon a showing of probable cause as provided in subsections (c) and (d) of this section. (Ord. No. 1988-760, ~ 1(13-4),6-13-88) Sec. 15-5. Abatement of nuisances. (a) Notice to abate. The authorized inspector, upon the discovery of any nuisance on public or private property in the city, may, in the exercise of the discretion of the authorized inspector as set forth in section 2-34(b) of this Code of Laws, notify the owner or occupant of such property in writing, requiring the owner or occupant of the property to remove and abate from the property the thing or things therein described as a nuisance within the time specified in the notice; provided, however, that no notice to abate shall be required in the event the authorized inspector discovers an emi- nent danger of damage or injury to or loss of life, limb, property or health. (1) For any nuisance which does not threaten eminent danger of damage or injury, and for which a discretionary notice to abate has been issued, the reasonable time for abatement shall not exceed seven (7) days unless it appears from the facts and circum- stances that compliance could not reason- ably be made within seven (7) days or that a good faith attempt at compliance is being made. (2) In furtherance of the city's policy of encour- aging both the abatement of nuisances and compliance with the provisions of this Code, any person who has received a notice to abate or who has been served a summons and complaint for a violation of any of the provisions ofthis chapter shall be notified 967 . ,,;~~;;: ~ 15.5 . WHEAT RIDGE CITY CODE in writing by the mayor, the city adminis- trator or their designee that in the event the violation cited in the notice to abate and/or summons and complaint is abated within the time provided in subsection (1), cancellation of the notice to abate or dis- missal from the municipal court of the sum- mons and complaint may occur. (3) If the owner or occupant shall fail to comply with the requirements for a period longer than named in any notice to abate which is issued in the discretion of the authorized inspector, the mayor or the city adminis- trator shall proceed to have the nuisance described in the notice removed or abated from the property described in the notice without delay, and the mayor or the city administrator shall have the authority to call for any necessary assistance. (4) In no event shall it be a requirement that a notice to abate be issued prior to issuance of a summons and complaint. (b) Service of notice The written notice to abate shall be served by an authorized inspector of the city by: (1) Personally delivering a copy of the notice to the owner of the property described in the notice if the owner also resides at the property; or (2) Personally delivering a copy of the notice to the nonowner occupant or resident of the property described in the notice and mail- ing a copy of the notice by certified mail, return receipt requested, to the last known address of the owner as reflected in the county real estate records; or (3) Mailing a copy of the notice by certified mail, return receipt requested, to the last known address of the owner of the property described in the notice as reflected in the county real estate records if the property is unoccupied and by posting a copy of the notice in a conspicuous place at the unoc. cupied premises. (c) Contents of notice Any notice issued pursu- ant to the provisions of this section to the owner, Supp. No.8 e agent or occupant of property in which a nuisance is discovered, shall describe the condition that is a nuisance; the time in which the condition is to be removed and abated from the property; and contain a statement tbat the owner, agent or oc- cupant of the property, within the period of no- tice, may protest the flndings of the authorized inspector with respect to any matters stated in the notice, by flling a written notice of protest pursuant to section 15-7 in the office of the direc- tor of planning and development. (d) A batement after notice. After issuance of a notice as provided in this section: (1) If the owner of the premises refuses or fails to comply with the directions of the written notice, the mayor, the city administrator or his designated representative may enter upon such property for the purposes of abat- ing the nuisance as provided in section 15-6. (2) Upon the filing of a protest as provided in the notice, the period of notice shall be ex- tended until final disposition of the protest plus ten (1m days. (e) Abatement without notice. Any nuisance lo- cated or found in or upon any street, avenue, alley, sidewalk, highway, public right-of-way, pub- lic grounds, park, recreation facility, or public property in the city may be abated by the mayor, the city administrator or the designated repre- sentative of either without notice. (I) A batement by court order. The city may bring and maintain an action in any court of record for the prevention, restraining, abatement or enjoin- ing of any public nuisance; or in the alternative the city may abate any private or public nuisance after notice as provided by this section; or bring and maintain any other proceeding provided by law. When judgment is rendered against any per- son for creating, keeping, or maintaining any nui- sance it shall be the duty of the court before whom such judgment is had, to order the defendant in such suit to forthwith abate the nuisance. The order shall be entered upon the docket of the court and be made a part of the judgment. (Ord. No. 1988-760, S 1(13-5), 6-13-88; Ord. No. 873, S 2, 9-19-91) e e 968 e e e NUlSANCES Sec_ IlHl. Recovery of expense of abatement. (a) Upon the expiration of the period of notice provided in section 15-5, subsection (a), or at any time thereafter, if the nuisance has not been abated on the property described in such notice, the mayor or city administrator may authorize entry upon such property for abating the nuisance pursuant to the provisions of this chapter. The actual costs of abatement, including five (5) percent of such abatement costs for inspection, a minimum fee assessment of twenty-five dollars ($25.00) and other incidental costs of abatement, shall be assessed upon the lot, lots or tracts of land in the city upon which such nuisance is abated. (b) Such costs shall be paid to the city trea- surer within thirty (30) days after the city trea- surer has mailed notice of the assessment of such costs by registered or certified mail to the owner of the property; provided, however, that if the property is occupied by someone other than the owner, the city treasurer shall mail such notice of assessment by registered or certified mail, return receipt requested, to both the occupant and the owner. Service shall be complete upon depositing the notice within the United States Postal Ser- vice, postage prepaid for certified mail, return receipt requested. Every such assessment shall be a lien in the several amounts assessed against such lot, lots or tract of land until paid, and shall have priority over all other liens, except general taxes and prior special assessments. (c) In case any assessment is not paid within thirty (30) days after the assessment has been certified to the city treasurer by the city adminis- trator, the city treasurer shall then be and is hereby authorized to certify to the county trea- surer the list of all delinquent assessments, giv- ing the name of the owner as appears of record, the number of lot, block and subdivision, or other legal descriptions sufficie~t to identify such prop- erty upon the records of the county treasurer, and the amount of the assessment. The certification shall be the same in substance and in form as is required for the certification of special assessment. The county treasurer, upon the receipt of a certi-. fied list of assessments is hereby authorized to place those assessments upon the tax list for the current year and to collect those assessments in the same manner as other taxes are collected with Supp. No.8 .15.7 a ten (10) percent penalty thereon; and all the laws of the state for the assessment and collection of general taxes, including the laws for the sale of property for taxes and the redemption thereof, shall apply to and have full force and effect for the collection of such assessments. (Ord. No. 1988-760, ~ 1(15-5),6-13-88) Sec. 15-7. Protest of notice of abatement. (a) The owner, agent or occupant of the prop- erty subject tQ a notice of abatement, within the period of notice, may protest the findings of the authorized inspector with respect to any matters stated in the notice, by filing a notice of protest in the office of the city director of planning. Upon receipt of any notice of protest the planning di- rector shall forward the notice to the municipal court referee who shall schedule a hearing on the protest. Such hearing shall be conducted in ac- cordance with subsection (b) hereof and chapter 14 of this Code. During the pendency of the pro- test, the notice of abatement shall be extended as provided in section 15-5, paragraph (dX21 of this chapter. (b) Within fifteen (15) days after the receipt of the protest by the city, the municipal court ref- eree shall schedule and conduct a hearing on the protest. At the hearing, the protesting party and representatives of the city shall appear in person. Both parties may be represented by any person or by legal counsel. The parties shall have the right to present evidence and arguments, to confront and cross-examine any witness, and to oppose any testimony or statement relied upon by an adverse party. The referee may receive and consider any evidence which has probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. (c) Once the municipal court referee has sched- uled a hearing on the protest, written notice of . such hearing shall be given to the protesting party and the authorized inspector which served the notice of abatement. Such notice of hearing shall be served by personal service, by leaving a copy of the notice at the party's usual place of abode with some person over the age of eighteen (18) years residing therein, or by mailing a copy to the par- ty's last known address by certified mail, return 969 H5-7 WHEAT RIDGE CITY CODE receipt requested, not less than forty.eight (48) hours prior to the time the party is to appear. In addition, the protesting party shall conspicuously post a notice of such hearing on the property sub- ject to the notice of abatement not less than forty- eight (48) hours prior to the time the party is to appear. (Ord_ No. 1988-760, ~ 1(15-6),6-13-88) Sec. 15-8. Unlawful acts. (a) It shall be unlawful for any person: (1) To create, operate, maintain or conduct any nuisance as defined in this chapter. (2) To interfere with or prevent, or attempt to interfere with or prevent, the abatement of any nuisance by an officer of the city pur. suant to the provisions of this chapter. (3) To allow any public or private property, including any private residence, to deteri- orate, either through abandonment or ne- glect, to the extent that such public or pri- vate property becomes an unsightly nuisance and a detriment or danger to surrounding property or the general public. Evidence of abandonment or neglect which could render a property either an unsightly nuisance or a detriment or a danger to surrounding property could include a combination of SOme oi the following occurrences or conditions, or occurrences and conditions which are similar to the following: Substantial peel. ing or faded paint, broken shutters or facia, bent, broken or rusted gutters, broken win. dows or screens, detached doors or screens, broken or damaged fencing, damaged or dead landscaping, cracked and/or potholed cement or asphalt paving, presence of weeds in gravel or paved parking areas; provided, however, that no summons or complaint or notice to abate shall issue under this sub- section unless and until it can be estab- lished that the property has been abandoned in fact or that the provisions of section 15-3 have been complied with. (b) Any person who makes or causes any nui. sance to exist "hall be deemed the author of the Supp. No.8 nuisance. Moreover, any person who has posses- sion or control of any private ground or premises, whether he is owner of the property or not, where any nuisance exists or is found, shall be deemed the author of the nuisance. Each and every day during which any nuisance continues shall be deemed a separate offense and shall be prosecut- able and punishable as a separate offense. (Ord. No. 1988-760,.~ 1(13.8), 6.13-88) . e Sec. 15-9. Enforcement and remedies. (a) Civil actions. When an alleged violation of this chapter has not been abated within the time specified in any notice to abate issued pursuant to section 15-5(a); (1) The city may bring an action in the munic- ipal court to have the nuisance declared as such by the court and for an order enjoining the public nuisance or authorizing its re- straint, removal, termination or abatement by the owner, agent, occupant or the person who caused the nuisance or the person who allowed it to continue, or by the mayor, the director of planning and development, or the chief of police or their designated rep- resentatives. (2) The action to declare and abate a public nuisance shall be brought in the name of the City of Wheat Ridge by filing a com. plaint, which shall be verified or supported by an affidavit. Summonses and subpoenas shall be issued and served as in civil cases, and any employee or agent of the City of Wheat Ridge who is over the age of eigh- teen (18) may serve the summons and ver- ified complaint upon the owner, agent, oc- cupant or the person who caused the nuisance or allowed it to continue (hereaf- ter t~respondent"), or a subpoena upon any witness to the nuisance. Trial shall be to the court. (3) A notice of appearance shall be served with the summons and complaint. The appear- ance date shall be not less than twenty-one (21) days from the date of service of the summons and complaint. The respondent . shall file a response or answer on or before e e 970 . _ . _ . Supp. No. 21 NUlSANCES (4) the appearance date specified in the no- tice of appearance. The trial shall be held upon the appearance date, unless the court grants a continuance for good cause shown. No case shall be continued for more than sixty (60) days after the appearance date. Upon the date and time specified for ap- pearance and trial, if the respondent has filed no response and fails to appear and if the city proves that the proper service was made on the respondent at least twenty-one (21) days prior to the appear- ance date, the court may grant such or- ders as are requested by the city; except that, the court shall order that enforce- ment by the city be stayed for ten (10) days and that a copy of the court's order be mailed to the respondent at his last known address. Failure to appear on any date set for trial shall be grounds for entering a default and default judgment thereon against a nonappearing party. Prior to enforcement and for good cause shown, the court may set aside an entry of default and the default judgment entered thereon. Any disobedience to or interference with any injunction or order issued by the municipal court in an action to abate a public nuisance may be punished as a contempt of court or by a fine not to exceed nine hundred ninety-nine dollars ($999.00). Each day's failure to comply with an injunction or order to abate shall constitute a separate act of contempt for which an additional penalty may be im- posed. In order to facilitate just, speedy, informal and inexpensive determinations of claims, the court shall follow the rules of county court civil procedure as presently adopted and as amended hereafter from time to time, excepting Rules 302, 313, 338, 339, 347, 348, 350, 351, 351.1, 359(c)(2), 365, 383, 398, 402, 403, 404 and 406 thereof, and shall further utilize and follow the provisions of Rule 65 of the Colorado Rules of Civil Procedure m all cases (5) (6). ~ 15-9 wherein civil enforcement of the provi- sions of this chapter is sought. In the event of any discrepancy between any of the provisions of this chapter and those applicable rules of county court civil pro- cedure or Rule 65 ofthe Colorado Rules of Civil Procedure adopted hereby, the pro- visions of this chapter is sought. In the event of any discrepancy between any of the provisions of this chapter and those applicable rules of county court civil pro- cedure or Rule 65 of the Colorado Rules of Civil Procedure adopted hereby, the pro- visions of this chapter shall prevail and be applied. The right is expressly reserved and delegated to the presiding judge of the municipal court to adopt rules of proce- dure for the municipal court, which rules shall be applicable in any civil enforce- ment action brought by the city; provided, however, that said rules of procedure adopted and promulgated by the presid- ing judge of the municipal court shall not conflict with or contradict the authority of the city to pursue civil enforcement for violations of the provisions of this chap- ter. (7) In any case in which the city prevails in a civil action initiated pursuant to this sub- section (a), the city may recover its rea- sonable costs of abating the violation, including reasonable attorney fees and costs oflitigation, plus fifteen (15) percent in administrative costs; such costs may be assessed against the respondent and be- come a lien against the subject property pursuant to 16-13-313 and 16-13-314, C.R.S. (as amended). The remedies speci- fied in this subsection (a) shall be in addition to all other remedies provided by law. (b) Criminal actions. When an alleged viola- tion of this chapter has not been abated within the time specified in any notice issued pursuant to section 15-5(a): (1) The city may bring a criminal action in the municipal court to have the nuisance 970.1 H5-9 WHEAT RIDGE CITY CODE declared as such by the court and to have the court impose sentence pursuant to subsection (3) below upon the owner, agent, occupant or person who caused the nui- sance or the person who allowed the nui- sance to continue. The criminal action to declare a violation of this chapter shall be brought in the name of the People of the State of Colo- rado by serving a copy of the summons and compliant upon the alleged violator <hereinafter "defendant") and filing the original with the court. Summonses and complaints and subpoenas shall be served as in criminal actions. Any employees or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a . summons and complaint upon the defen- dant or a subpoena upon any witness to the violation. (c) Other remedies. Theremediessetforthherein are cuinulative. The initiation of any action or the imposition of any penalty hereunder shall not 'preclude the city or any proper city official from instituting any other proceeding to require com- pliance with the provisions of this chapter and with any administrative orders and determina- tions made hereunder. No provision herein shall be construed to limit or abrogate the right of any person to bring a private action to abate a private nuisance. (Code-1977, ~ 13-8; Ord. No. 1988-760, ~ 1(13-8), 6-13-88; Ord_ No_ 1989-800, ~ 2, 7-10-89; Ord. No. 1990-838, ~ 4,'7-23-90; Ord. No. 1991-873, ~ 4, 9-19-91; Ord. No. 1998-1120, ~ 11, 6-8-98) (2) Sees. 15-10-15-20. Reserved. ARTICLE n. SPECIFIED NUISANCES Sec. 15-21_ Offensive trade or business. Whenever the pursuit of any trade, business or manufacturing or the maintenance of any sub- stance or condition of things results in a condition detrimental to the health, safety or general wel- fare of the inhabitants of the city, such pursuit shall be declared unlawful, shall be deemed a Supp. No. 21 nuisance, and shall be abated. By way ofillustra- tion, but not limitation, the pursuit of the follow- ing trades or businesses within the city shall constitute unlawful nuisances: (1) Junkyards and dumping grounds. All places used or maintained, or permitted to be used or maintained, as junkyards, or dumping grounds, or for the wrecking or disassembling of automobiles, trucks, trac- tors or machinery of any kind, or for the storing or leaving ofwom out, wrecked or abandoned automobiles, machinery of any kind, or for any ofthe parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, when such places are kept in such manner as to interfere with the comfort- 970.2 . _ . _ . NUISANCES _ able enjoyment of life or property by oth- ers. Nothing in this subsection shall be deemed or construed to prevent the city from acquiring, operating and maintaining a facility for the storage of motor vehicles, vehicles, boats, machinery or equipment -pur- suant to this Code. (2) Slaughterhouses and rendering plants. All places used or maintained or permitted to be used or maintained for slaughtering an- imals, for bone crushing, bone boiling, bone rendering, bone burning, fat boiling, fat rendering, fat drying, gnt cleaning or the making of glue, or the manufacture of fer- tilizing materials of any kind or descrip- tion from any dead animal or part thereof, or any boiling of offal, swill, fat or grease of any description when such places are oper- ated in an unclean or offensive manner, or when such places are operated so as to in. terfere with the comfortable enjoyment of life or property by others. (3) Construction sites. All places at which con- struction or excavation operations occur and from which trucks or other vehicles emerge from the site and carry onto or deposit in any street or other public place any mud, dirt, sticky substance or other litter which causes a hazard to automobile traffic or which otherwise causes a detriment to the health, safety or welfare of the inhabitants of the city or their property, or to any prop- erty of the city. (4) Storage operations. All places at which the owner or occupant keeps, stores or permits to be kept or stored any building materials, construction materials, paper, trash, waste material or litter upon any property in such a manner to cause a fire hazard or other detriment to the health, safety or general welare of the inhabitants of the city, or in such a manner that the stored materials may be blown or deposited upon any other public or private property. (Ord. No. 1988-760, ~ 1(13-10), 6-13-88) _ e Sec. 15-22. littering public or private property. (a) It shall be unlawful and deemed a nuisance for any person to deposit, throw or place any lit- . 15-22 ter upon any street, alley, sidewalk, or public grounds in the city except in public receptacles or authorized private receptacles. (b) It shall be unlawful and deemed a nuisance for any person, while an operator or passenger in any vehicle, to deposit, throw or place any litter in or upon any street, alley, sidewalk or public grounds in the city except in public receptacles and authorized private receptacles. (c) It shall be unlawful and deemed a nuisance to operate any truck, trailer or vehicle in such manner that the load or any portion of the con- tent of such vehicle Is blown or deposited in or upon any street, alley, sidewalk or public grounds in the city. (d) It shall be unla",iul and deemed a nuisance for any person to deposit, throw or place any pa- pers, newspapers, handbills, letters, samples or political literature in or upon any public street, alley, sidewalk or public grounds in the city. (e) It shall be unlawful and deemed a nuisance for any person, except an authorized public em- ployee or officer, or a person who has previously obtained a permit to do so from the city to post, place, glue, staple, nail, affix, or attach any hand- bill, poster, placard, sign, announcement or other painted or printed material upon or to any street, alley, sidewalk, lawful sign, telephone pole, power pole, or any public or private dwelling, store, or other building or fence within the city without the permission of the owner or occupant of such property; provided, however, that any such sign, poster, placard, announcement or other painted or printed material so posted, placed, glued, sta- pled, nailed, aft"lXed or attached shall be removed no later than twenty-four (24) hours after the event advertised has ended. (1) It shall be unlawful and deemed a nuisance for any person to deposit, throw or place any lit- ter on any public or private property or in any water in the city unless: (1) Such property is an area designated by law, ordinance or regulation for the disposal of such material and such person is author- ized by the proper public authority to so use such property; or 971 ~ 15.22 WHEAT RIDGE CITY CODE (2) The litter is placed in a receptacle or con- tainer installed on such property for such purpose; or (3) Such person is the owner or occupant in lawful possession of such property, or has first obtained written consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or occupant and does not cre- ate a public nuisance. (g) In no event shall a declaration and abate- ment of a nuisance pursuant to this section ne- gate or preempt the issuance of summons and complaints for violations of chapter 20 of this Code. (Ord. No. 1988-760, 91(13-11),6-13-88) .. Cross reference-Solid waste, Ch. 20. Sec. 15-23. Condition of stable, fertilizer, buildings. (a) Any animal or fowl enclosure in which any animal or fowl shall be kept, or in any other place within the city in which manure or liquid dis. charges of such animals or fowls shall accumu- late, and which is maintained in an unsanitary condition, allowing an offensive odor to escape therefrom, or providing an insect or rodent at- tractant, shall be deemed a nuisance. (b) Manure or any other organic material used on premises within the city for fertilizing pur. poses shall not be allowed to become offensive to sight, an attraction to insects or rodents, or oth. erwise create an unsanitary condition. (c) Whenever manure or any other organic ma- terial shall accumulate and affect the health of the public, it may be forbidden and designated a nuisance under the provisions of this chapter. (d) It shall be unlawful and constitute a nui- sance for any person in the city to allow any building or premises or appurtenance thereof, or any use made or maintained on or within prop- erty :Within the city, to become offensive in odor, offensive to sight, or to create an unsanitary or hazardous health condition. (Ord. No. 1988-760, 91(13-12), 6-13-88) Sec. 15-24. Blowing dust. (a) It shall be unlawful and deemed a nuisance for a person to maintain any lot or lots or vacant land within the city so as to allow the blowing of dust, soil, or sand from such property to the det- riment of the health, safety and general welfare of the inhabitants of the city or to cause damage to the real or personal property of any person or of the city. (b) It shall be unlawful and deemed a nuisance for the owner or occupant of any lot or lots or vacant land within the city to maintain lots or vacant land in such a manner that permits dust or blowing soil or blowing sand to be deposited on other property, or to be deposited upon or within ..~ any-public street, public highway or public way. (Ord. No. 1988-760, 91(13-13), 6-13-88) e Sec. 15-25. Offensive locations. (a) Stagnant ponds. Any cellar, vault, drain, sewer, pond of water, or other place in the city that shall be noxious or offensive to others, or injurious to public health, through an accumula- tion or deposition of noxious, offensive or foul water, or other substances, or be conducive to the breeding of mosquitoes, shall be unlawful and deemed a nuisance. (b) Open wells, cisterns or excavations. It is hereby declared that excavations exceeding five (5) feet in depth, cisterns and wells or an excavation used forstol'age of water within the city are public nuisances unless the same are adequately cov- ered with a locked lid, or other covering weighing at least sixty (60) pounds or are securely fenced with a solid fence to a height of at least five (5) feet and it shall be unlawful for any person to permit such nuisance to remain on premises owned or occupied by him. (c) Stale matter. It shall be unlawful and deemed a nuisance to keep, collect, or use or cause to be kept, collected, or used in the city, or permit to be kept or used, any stale, putrid, or stinking fat or grease or other matter. (d) Sewer inlet It shall be unlawful and deemed a nuisance to deposit in or throw into, or permit to be deposited in or thrown into, any sewer, sewer inlet, or privy vault that shall have a sewer con- e e 972 . e . . . NUISANCES nection, any article whatsoever that might cause such sewer, sewer inlet, or privy vault, to over- flow, backup or otherwise become noxious or of- fensive to others, or to become injurious to public health, safety or general welfare of the residents of the city. (Ord. No. 1988-760, ~ 1(13-14), 6-13-88) Sec. 15-26. Offensive discharges. (a) Noxious liquids. It shall be unlawful and deemed a nuisance to discharge out of or from, or permit to flow from any house or place in the city, ' any foul or noxious liquid or substance of any kind whatsoever, into or upon any adjacent ground or lot, or into any street, alley or public place in the city. (b) Liquid fuel products. The city council hereby finds and declares that the leakage of twenty-five (25) gallons or more of liquid fuel products into the environment of the city from any tank, line, or delivery vehicle, constitutes a danger to the health, safety and welfare of the general public and the citizens of the city and is therefore a public nuisance. (1) To aid in preventing the leakage of liquid fuel products, the owner, station manager, or leaseholder, as operator of each under- ground liquid fuel installation located in the city shall cause to be posted in a con- spicuous place at said installation a true copy of the state oil inspection regulations concerning instruction requirements for leak detection. (2) Such owner, station manager, or lease- holder, as operator, shall also maintain and reconcile accurate daily inventory records on all underground liquid fuel tanks for indication of possible leakage from tanks or piping. (c) Leaking receptacles, offensive channels. Any unclean, leaking, foul, unsafe, or dangerous, de- fective or filthy drain, ditch, trail, or gutter, or any leaking or broken slop, garbage, or manure box or receptacle of like character, whenever and wher- ever found in the city, shall be deemed a nuisance. (d) Harmful chemicals. It shall be unlawful and deemed a nuisance for any property owner to Supp. No. 17 ~ 15-27 apply or use any herbicide, pesticide, insecticide, rodenticide, disinfectant, fumigant or other harm- ful chemical, gas or vapor upon his property in such a manner that the harmful chemical, gas or vapor leaches, escapes, migrates, or flows from his property and deposits in or on any other public or private property. (e) Diesel emissions. It shall be unlawful for any owner or operator of any diesel-powered en- gine to cause or permit the same to be idled for a period in excess of fifteen (15) consecutive min- utes, or for a period in excess of forty-five (45) minutes in anyone hundred-twenty-minute pe- riod, (it being the intent of this provision that an owner or operator may not circumvent the provi- sions of this section by the repeated turning on and off of a diesel engine) at any time that the outside temperature is twenty-two (22) degrees Fahrenheit or above; provided, however, that un- attended vehicles operated by diesel powered en- gines shall not be allowed to idle at any time; and provided further, however, that the provisions of this section shall not apply to ambulances or other emergency vehicles. (Ord. No. 1988-760, ~ 1(13-15), 6-13-88) Sec. 15.27. Weed control. (a) All owners and occupants ofland in the city shall prevent property owned or occupied by them from becoming overgrown with weeds. For the purpose of this section, the term "weeds" is de- fined as weeds, grass, brush or other rank or noxious vegetation, and shall not include flower gardens, plots of shrubbery, vegetable gardens and grain plots. This shall not apply to and shall not be construed to require removal of any weeds from the city's owned or leased greenbelt natural area. (b) It shall be unlawful and shall be deemed a nuisance for the owner or occupant of any prop- erty, except property zoned as agricultural and the city's owned or leased greenbelt natural ar- eas, to permit weeds to grow on such property to a height of more than twelve (12) inches. (c) It shall be unlawful for the owner or occu- pant of any undeveloped property or any property zoned as agricultural, excluding the city's owned or leased greenbelt natural areas, but including 973 .~ 15-27 WHEAT RIDGE CITY CODE public right-of-way, to pennit weeds to grow on such property to a height of more than twelve (12) inches within a distance of one hundred (100) feet from any public street, highway or park, or within a distance of one hundred (100) feet from property lines adjoining any residential, commercial, in- dustrial or open zone or use. (d) Weeds shall be controlled by cutting, spray- ing or other lawful and suitable method of weed control. (e) Except as provided in paragraphs (b) and (c), it shall be unlawful and shall be deemed a nuisance for the owner or occupant of any prop- erty within the city, regardless of its zoning, to allow weeds in excess of twelve (12) inches high to grow on the adjacent street or right-of-way. Where there is an uninterrupted natural progression and continuation of private property, such as lawn, grass, low shrubs or ground cover adjacent to the street right-of-way, the adjacent property owners are responsible for maintenance of the area. However, where there is a definite barrier at the property/right-of-way line, such as a fence, sidewalk or irrigation ditch, the owner is respon- sible only up to such barrier. Adjacent property owners shall be fully responsible for weeds in excess of twelve (12) inches high within alleys, public or private, adjacent to their property. (f) The authorized inspector shall post proper- ties in violation of this section. Such posting of notice shall be dated and signed by the authorized inspector and shall include a statement directing that failure to cut and remove the weeds within five (5) days of the posting will result in the authorized inspector directing such we.eds cut and the actual cost-of the cutting and/or removal, plus administrative fees of twenty-five (25) percent for the first cut, fifty (50) percent for the second cut and seventy-five (75) percent for the third cut within the same weed growing season, plus a ten (10) percent fee ifnot paid within thirty (30) days and a lien is assessed, to be charged to the owner, occupant or agent or the property. (g) Each month dllring the weed-growing sea- son, as determineq by the authorized inspector, before any property is .posted in accordance with this section, the authorized inspector shall c.ause Supp. No. 17 a public notice to be published in a newspaper of local circulation which shall inform the public of the general contents of this section. (h) If any owner, occupant or agent in charge shall fail to cut weeds, as required by this section, within five (5) days after being notified to do so by the authorized inspector, the authorized inspector may direct that the weeds be cut and charge the cost thereof to such owner, occupant or agent in charge, together with five (5) percent additional for inspection and other incidentals. (i) In the event that any owner, occupant or agent fails to cut or destroy and remove the weeds and said weeds are cut by order of the mayor or his designated representative, the whole cost of cutting such weeds, together with five (5) percent for inspection, shall be paid to the city treasurer within thirty (30) days following notice of the assessment of such cost given to the owner of such open area by registered or certified mail. (j) Failure to pay such assessment within such period of thirty (30) days shall cause such assess- ment to become a lien against such lot, block or parcel of land and shall have priority over all liens, except general taxes and prior special as- sessments, and the same may be certified at any time, after such failure to so pay the same, within thirty (30) days, by the mayor or his designated representative to the county treasurer to be placed.. upon the tax list for the .current year and to be collected in the same manner as other taxes are collected, with ten (10) percent penalty to defray the cost of collection. (Code 1977, SS 9-7, 9-9-9-11; Ord. No. 1988-760, S 1(13-16), a-13_88; Ord. No. 1989-802, S 1, 8-14- 89; Ord_ No. 1996-1024, S 1,4-22-96) See. 15.28_ Trees and shrubs. (a) Trees, and shrubs and other vegetation which are dead,broken, diseased, or infested by insects so as to endanger the wen-being of other trees, shrubs or vegetation or constitute a poten- tial threat or hazard to people or property within the city, -or otherwise violate the provisions of chapter 24 of this Code are her.eby declared a nuisance. '974 . e . . . . e . . . NUISANCES (b) The city arborist, as authorized by the arborist board in section 24-1 shall give written notice to the owner or occupant of any property abutting city rights-of-way or other public prop- erty of any condition deemed unsafe caused by trees and other vegetation overhanging or project- ing from such abutting property and onto or over such right-of-way or other public property with such unsafe condition. It shall be the duty of the city arborist to correct any such unsafe condition immediately upon the expiration of the notice periods specified in the notice of abatement. The city arborist may elect to use the notice and abatement provisions of either this chapter or chapter 24 of this Code and the election to use the provisions of one (1) chapter will not negate or preempt the concurrent or subsequent use of the provisions of the other chapter. (c) It shall be unlawful and deemed a nuisance for any person to cut, trim, spray, remove, treat or plant any tree, vine, shrub, hedge or other woody plants upon access-controlled arterials or other public parks and greenbelts within the city unless authorized or directed by the city arborist. (d) It shall be unlawful and deemed a nuisance for any person to injure, damage or destroy any tree, shrub, vine, hedge, or other vegetation in or upon public rights-of-way or other public property within the city, except any person who notifies the city arborist of such injury, damage or destruction and makes arrangements to repair or replace such vegetation or pay for the cost of such repair or replacement. (e) It shall be unlawful and deemed a nuisance to sell or import into the city or plant or cause to be planted any female cottonwood trees (Populus spices), Boxelder (Acer negundo) or Siberian elm (Ulmus pumila) or other undesirable plants as designated by ordinance upon any property within the city and the planting or setting out of these certain plants is declared to be a menace to public health, safety and welfare and a public nuisance. (Ord. No. 1988-760, ~ 1(13-17),6-13-88) Sec. 15-29. Offensive or unhealthy uses. (a) No building, vehicle, structure, receptacle or other thing used, or to be used, for any purpose whatever, shall be used, made, kept, maintained Supp. No. 17 ~ 15-39 or operated in or retained within the city, if the use, keeping, maintaining or operation of the same shall be the occasion of any nuisance or danger or detriment to the public health. (b) Every other act or thing done or made, committed or allowed, or continued on any public or private property by any person, which is detri- mental to health, offensive to sight, smell or hearing, or causes damage or injury to any of the inhabitants of the city, and not otherwise speci- fied in this chapter, shall be deemed a nuisance. (Ord. No. 1988-760, ~ 1(13-18), 6-13-88) Sec. 15-30. Specified activities prohibited at golf driving ranges. (a) No owner, lessee and/or operator of a golf driving range shall permit such driving range to be operated in such a manner as to allow or permit golf balls to leave the boundaries of the golf driving range and to thereafter come upon any other property, public or private, after being hit or struck by any person who has paid any consideration for the use of or who has received permission from the owner, lessee and/or operator to use the golf driving range. (b) The provisions of this section, and each of its subparts, shall be construed so as to impose "strict liability," as defmed in C.R.S. ~ 18-1-502 upon the owner, lessee and/or operator of a golf driving range. The voluntary act or omission on the part of the owner, lessee and/or operator for purposes of this section is the making available, for consideration, of golf clubs, golf balls and/or driving or ball striking areas or tees to any person whose intent is to strike such golf balls with any golf club. (c) The occurrence of any of the acts or events specified in paragraph (a) of this section shall constitute a nuisance and shall subject the owner, lessee and/or operator of the driving range to all of the enforcement provisions of section 15-9 of this Code of Laws. (Ord. No. 1992-906, ~ 1, 10-26-92) Sees. 15-31-15-39. Reserved. 975 ~ 15-40 WHEAT RIDGE CITY CODE AR1'ICLE OJ. RESERVED* Sees. 15-40-15-48. Reserved. "Editor's note-Ord. No. 1995-994, ~ I, adopted April 10, 1995, amended the Code by repealing provisions codified as Art. Ill, ~~ i5-4Q-15-48. Said prO\tisions pertained to aban- doned motor vehicles and was derIved from Ord. No. 1986-688. ~ 2, adopted Oct. 17, 1986. Supp. No. 11 (The next page is 10231 916 . . . . .