Chapter 8.04 NUISANCE ABATEMENT
Section 8.04.010 Nuisances designated.
A nuisance shall be any one of the following:
A. Whatever impairs the reasonable and lawful use of
property;
B. Whatever unreasonably or unlawfully affects the health
or safety of one (1) or
more persons;
C. 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;
D. Noxious weeds, or weeds more than twelve (12) inches
tall or weeds within thirty
(30) feet of a structure, or weeds within ten (10) feet of the outer edge of any public
street, or weeds in any other location which constitute an unreasonable fire hazard;
E. Any building or structure which is unfit for human
habitation, or which is an
unreasonable hazard to the health of people residing in the vicinity thereof, or which
presents an unreasonable fire hazard in the vicinity where it is located;
F. Any accumulation of rubbish, trash, refuse, junk,
abandoned materials, metals,
lumber, machinery or inoperable vehicles;
G. Noxious or unreasonable odors, fumes, gas, smoke,
soot or cinders;
H. Any building or structure set up, erected, constructed,
altered, enlarged, converted,
moved or maintained contrary to the provisions of Title 15, or any use of land, buildings
or premises in violation of Title 16.
I. Trees planted or allowed to grow by a person or entity
having ownership or
possessory interest in property and in such a way as to cause damage to sidewalks, curbs,
gutters, or streets.
The following
conditions concerning trees or shrubs are hereby
declared to be unlawful and a public nuisance. It shall be unlawful for the owner,
occupant or the person in control of any property in the City to plant, maintain or permit
the public nuisance described below to exist on said property.
1. Any tree or shrub planted or maintained contrary
to the provisions of this Chapter.
2. Any dead, dying, defaced, deteriorating, damaged
or severely broken tree or
shrub, which is dangerous to life, limb or property.
3. Any tree or shrub, having a destructive or communicable
disease or other
pestilence which endangers the growth, health, life or well-being of trees, shrubs or plants
in the City, or which is capable of causing an epidemic spread of a communicable
disease, such as, but not limited to, Dutch elm disease or insect infestation, or gypsy
moth.
4. Trees, shrubs or hedges abutting upon or overhanging
the sidewalk or roadway
that are not kept at a minimum height of twelve (12) feet above the roadway or sidewalk
so they shall not interfere with the free use of sidewalks and roadways.
5. Any tree, shrub or portion thereof which obstructs
the free or safe passage of
pedestrian or vehicular traffic or which obstructs a street light, traffic signal or device.
6. Any tree, shrub or portion thereof, which obstructs
the view of vehicular traffic in
or approaching an intersection in violation of Section 16.24.170
7. The roots of any tree or shrub, which causes the
surface of the street, curb, gutter
or sidewalk to be up heaved or otherwise disturbed and constitutes a safety hazard as
determined by the City.
8. Any tree, shrub or portion thereof, which by reason
of location or condition
constitutes an imminent danger to the health or safety of the general public.
J. Any public nuisance as defined in subsection I of
this Section, which is located in
the public street right-of-way or on City property shall be abated under the direction of
the City forester or his/her authorized representative and in accordance with Chapter 8.04
of the Vernal City code. All costs of abatement of such nuisances and any repair of
damage to public property created by such nuisances shall be the sole responsibility of the
property owner allowing such nuisance.
(Added during 1993 recodification) (Ord. No. 95-19, Amended, 10/04/95)
(Ord. 2006-03, Amended, 08/02/2006, Prior Text)