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This section defines "nuisance" by providing five (5) general definitions of what constitutes a nuisance or ordinance violation (subsection A of this section), and then providing specific examples of situations, conduct or activities that constitute nuisances or ordinance violations (subsection B of this section). The purpose of the general definitions is to allow the city to classify an offending situation, conduct or activity as a nuisance, even though the situation, conduct or activity may not be listed as a nuisance in the specific examples. The first three (3) general definitions are taken directly from Utah state law. The purpose of listing the specific examples is to identify some of the specific situations, conduct and activities that the city intends to abate as nuisances. A.
General Definitions of Nuisance: Any activity that meets any one or more of the five (5) definitions set forth below shall constitute a nuisance if it occurs within the city of Riverdale:
1.
Injurious to Health: Anything which is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
2.
Dangerous to Human Life: Any item, thing, manner, or condition whatsoever that is dangerous or harmful to human life or health or renders soil, air, water, or food impure or unwholesome.
3.
Act or Omission: Unlawfully doing any act or omitting to perform any duty, which act or omission:
a.
Annoys, injures, or endangers the comfort, repose, health, or safety of three (3) or more persons;
b.
Offends public decency;
c.
Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, or highway; or
d.
In any way renders three (3) or more persons insecure in life or the use of property.
An act which affects three (3) or more persons in any of the ways specified in this subsection is still a nuisance regardless of the extent to which the annoyance or damage inflicted on individuals is unequal.
4.
Nuisance: A condition which:
a.
Wrongfully annoys, injures, or endangers the comfort, repose, health or safety of others; or
b.
Unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any public park, square, street or highway, or any other public place; or
c.
In any way renders other persons insecure in life, or in the use of property, and which affects the rights of an entire community or neighborhood, although the extent of the damage may be unequal.
5.
Specific Nuisances Listed in Subsection B of This Section: Anything specifically listed as a nuisance in subsection B of this section.
B.
Nuisances Enumerated: Every situation, conduct or activity listed below constitutes a nuisance and may be abated pursuant to this chapter. The listed examples are not exhaustive; a situation, conduct or activity not listed below, but coming within one of the general definitions of nuisance listed above, shall also constitute a nuisance.
1.
Drug Houses: Every building or premises where the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition of any controlled substance, precursor, or analog specified in title 58, chapter 37 of the Utah code (Utah controlled substances act) occurs.
2.
Gambling: Every building or premises where gambling occurs as prohibited in title 76, chapter 10, part 11 of the Utah code (gambling and "fringe gambling") which creates the conditions of a nuisance as defined in subsection A1 of this section.
3.
Gang Houses: Every building, house, apartment or premises wherein criminal activity is committed in concert with two (2) or more persons as provided in section 76-3-203.1 of the Utah code.
4.
Prostitution: Every building, house, apartment or premises where prostitution or the promotion of prostitution is regularly carried on by one or more persons as provided in title 76, chapter 10, part 13 (prostitution) of the Utah code.
5.
Weapons: Every building, house, apartment or premises where a violation of title 76, chapter 10, part 5 (weapons) of the Utah code occurs on the premises.
6.
Unsafe Condition: A condition that unreasonably or unlawfully affects the health, safety or well being of one or more persons.
7.
Fire Hazard: A fire hazard.
8.
Noxious Emanations: Emanation of noxious, offensive, foul or unreasonable odors, fumes, gas, smoke, soot or cinders.
9.
Noxious Weeds: Noxious weeds located on vacant lots or other property, along public sidewalks or the outer edge of any public street, or weeds in any other location which constitute a fire or safety hazard, or violate any other city, state or federal ordinance, statute, or law. Noxious weeds: Weeds that are listed as noxious by the Utah state extension service. Said list of weeds is incorporated herein by reference and said weeds shall be removed from all real property subject to the provisions of this chapter.
10.
Refuse: Keeping or storing of any refuse or waste matter which interferes with the reasonable enjoyment of nearby property. Refuse matter: animal fecal matter, vegetative waste, weed, and/or grass clippings shall not be allowed to accumulate on property, unless they are kept in an enclosed compost bin that does not create a nuisance pursuant to section 4-5-1 of this chapter by being a health or safety hazard.
11.
Stagnant Water: Polluted or stagnant water which constitutes an unhealthy or unsafe condition.
12.
Improper Accumulations: Accumulation of soil, litter, debris, plant trimmings, or trash, visible from the street or an adjoining property.
13.
Accumulation of Junk: Accumulation of used or damaged lumber; junk; salvage materials; abandoned, discarded or unused furniture; stoves, sinks, toilets, cabinets, or other fixtures or equipment stored so as to be visible from a public street, alley, or adjoining property. However, nothing herein shall preclude the placement of stacked firewood for personal noncommercial use on the premises.
14.
Attractive Nuisances: Any attractive nuisance dangerous to children and other persons including, but not limited to, abandoned, broken, or neglected household appliances, equipment and machinery, abandoned foundations or excavations, or improperly maintained or secured pools.
15.
Vegetation: Dead, decayed, diseased, or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous or unsafe condition, is an obstruction to pedestrian or vehicular traffic, or which is likely to harbor rats, vermin or other pests.
16.
Dust: Any premises which causes excessive dust due to lack of landscaping, maintenance or other cause.
17.
Improper Storage: The keeping, storing, depositing or accumulating on the premises or in the public right-of-way any trailers, equipment, machinery, dirt, sand, gravel, concrete, or other similar materials, or maintenance of such material on public rights-of-way for an unreasonable period of time or longer than seventy-two (72) hours. Material stored as part of an active construction project shall not be considered a nuisance so long as such equipment or machinery does not otherwise create a nuisance herein.
18.
Garbage Can: The leaving of any garbage can or refuse container in the street, other than on collection day, for more than twenty-four (24) hours after the collection day.
19.
Construction Equipment: Construction equipment or machinery of any type or description parked or stored on property when it is readily visible from a public street, alley or adjoining property, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property, or where the property is zoned for the storage of construction equipment and/or machinery so long as such equipment or machinery does not otherwise create a nuisance herein.
20.
Improper Sign: Improper maintenance or nonmaintenance of a sign or signs which advertise a business or businesses that no longer exists on the property, or is in violation of any other Riverdale City ordinance.
21.
Abandoned Vehicles: A car, truck, bus, motor home, fifth wheel vehicle, trailer, camper, boat, jet ski, motorcycle, ATV, snowmobile, and/or a combination thereof or any other vehicle that is not currently registered or is in an undrivable condition or unusable as a vehicle and is visible from a public street or an adjoining property. If any of the above mentioned types of vehicles are visible from a public street or an adjoining property the vehicle or vehicles if allowed to remain on property must be stored/enclosed in an approved accessory building or garage. Tarps, covers, tents or temporary shelters are not approved enclosures to be used for the purpose of complying with this section.
22.
Improper Parking or Storage:
a.
Parking or storage of inoperative, unregistered, abandoned, wrecked or dismantled vehicles, boats, trailers or vehicle parts, including recreational vehicles, on a premises or in the public right-of-way. Storage or parking that is specifically allowed by the city's zoning ordinance shall not be considered a nuisance.
b.
Parking or storage of registered vehicles, trailers or boats in violation of city ordinance.
23.
Hazardous Conditions: Any wall, sign, fence, gate, hedge, or structure maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property.
24.
Graffiti: Graffiti which remains on the exterior of any building, fence, sign, or other structure and is visible from a public street.
25.
Improper Maintenance: Maintenance of buildings and/or structures in such condition as to be deemed defective or in a condition of deterioration or disrepair including, but not limited to:
a.
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 or health hazard in the vicinity where it is located; or
b.
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of city ordinances, or any use of land, buildings or premises in violation of city ordinances; or
c.
Buildings, signs or structures 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, sign or structure where the appearance or condition of the building, sign or structure does not meet the requirements for finished buildings, signs or structures as required by applicable city ordinances or building codes. The building, sign or structure shall not be considered to be a nuisance if it is under active construction; or
d.
Buildings having dry rot, mold, warping, termite infestation, decay, excessive cracking, peeling, or chalking, as to render the building unsightly and/or in a state of disrepair; or
e.
Buildings with missing doors and/or windows containing broken glass and/or no glass at all where the window is of a type which normally contains glass; or
f.
Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, signs or ornamentation, or alleys maintained in such condition as to render them unsightly and/or in a state of disrepair; or
g.
Buildings or conditions that violate any building, electrical, plumbing, fire, housing, or other code adopted by the city.
26.
City Code Nuisances: Any violation of a Riverdale City code section that expressly declares a specific situation, conduct or activity to be a nuisance.
27.
Drugs and Alcohol: Every property or premises not licensed under applicable federal or state law or city ordinance where any intoxicating drugs, liquors or alcohol are kept for unlawful use, sale or distribution.
28.
Inappropriate Conduct: Every property or premises where there exists an environment which causes, encourages or allows individuals or groups of individuals to commit one or more of the following acts on the property, premises or adjacent public place, including, but not limited to:
a.
Illegally consuming intoxicating liquor or alcohol or illegal drugs;
b.
Publicly urinating or defecating;
c.
By physical action, intentionally causing or attempting to cause another person to reasonably fear imminent bodily injury or the commission of a criminal act upon their person or upon property in their immediate possession;
d.
Engaging in acts of violence, including fighting;
e.
Discharging a firearm or an explosive in violation of city ordinance or state law;
f.
Creating unreasonable or excessive noise, traffic, smells or light which disturbs others or deprives someone of their peaceful enjoyment of their property;
g.
Intentionally obstructing pedestrian or vehicular traffic; or
h.
Soliciting acts of prostitution.
29.
Dangerous Conditions: Any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk, subspace, dock, or loading dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city, in any one or more of the following particulars:
a.
By reason of being a menace, threat and/or hazard to the general health and safety of the community.
b.
By reason of being a fire hazard.
c.
By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property.
d.
By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
30.
Zoning Violations: Any violation of the city's zoning ordinances in which the owner or occupier has not obtained a nonconforming use approval, as obtained through title 10, chapter 20 of this code.
31.
Parking on Landscaping: Parking in an area required to be landscaped by city ordinance. This does not include temporary parking of less than four (4) hours.
32.
Required Landscaping: Failure to install or maintain landscaping required by city ordinance.
33.
Unmanaged Growth: Unmanaged growth includes, but is not limited to, the following:
a.
Weeds or grasses, other than ornamental grasses, that are in excess of six inches (6") in height relative to the surrounding hardscape and that are in areas required to be landscaped by city ordinance;
b.
Trees, shrubs, or other vegetation, that interferes with the ingress or egress to a city street or right-of-way including sidewalks, visually, or through other manner from a private drive, street or other entryway; or
c.
Trees, shrubs, or other vegetation, that interferes with the delivery, service or operation of any public utility.
d.
The provisions of this section shall govern and be applied to all owners and occupants of real property which is:
(1)
Located within the Riverdale City corporate limits, in any and all residential zones; or
(2)
Located within the Riverdale City corporate limits with a zoning designation of A-1, provided said A-1 zoned real property has been developed for a residential use.
e.
The provisions of this section shall not be applicable to any real property located in the Riverdale City corporate limits, zoning designation notwithstanding, which is:
(1)
Protected by local, state, or federal law, statute, or regulation; or
(2)
All properties with a certified hillside slope of twenty percent (20%) or greater.
34.
Animals, Pets or Fowl: Any animal, pet or fowl kept for any reason, or the containment means or living structure for the same that creates objectionable, offensive or annoying odor, noise, deterioration of property or that is unsightly, hazardous or unhealthy.
(Ord. 780, 3-15-2011)