[HISTORY: Adopted by the Town Council of the Town of Portsmouth
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-9-2009 by Ord. No. 2009-03-09]
It shall be unlawful for any person to allow or permit the accumulation
of any filth or solid wastes, including garbage, rubbish, dead animals,
trash, litter, junked automobiles or parts or accessories thereof,
scrap metal, broken and unused lawn furniture and furnishings, mattresses,
bedding, cardboard, empty boxes and cartons, construction debris (except
during the course of construction), tin cans, bottles, papers, rags,
refuse of any description, or any stagnant or standing water, or other
material upon premises owned or occupied by him or to permit a dense
growth of vines, weeds, hedges, grass or other underbrush to develop
upon such premises so as to encourage the breeding or collection of
rats, flies and/or mosquitoes or to create a fire hazard or to constitute
a menace to life, property or the public health, safety or welfare.
Such accumulations and growth are hereby declared to be a nuisance.
If the Building Official or his designee finds the existence upon any premises of one or more of the conditions described in § 260-1 of this article, the Building Official or his designee shall notify the occupant, owner or agent of the owner of such premises, in writing, of the existence upon those premises of any nuisance as above described and order him or her to abate and remove such nuisance forthwith.
The notice referred to in § 260-2 of this article shall be in writing and signed by the Building Official or his designee and Town Clerk and shall be served upon the owner or his agent, or the occupant, as the case may require, and shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is:
A.
Served upon him personally; or
B.
Left at his dwelling or usual place of abode with some person of
suitable age or discretion residing therein or delivered to an agent
authorized by appointment or by law to receive this notice; or
C.
Upon a person for whom a guardian or conservator has been appointed,
served upon the guardian or conservator; or
D.
Upon a public or private corporation, domestic or foreign, delivered
to an officer, a managing or general agent, or left at the office
of the corporation with a person employed there or delivered to an
agent authorized by appointment or by law to receive service of process;
or
E.
Mailed to an individual or corporation by regular and registered
or certified mail, return receipt requested; or
F.
Posted in a conspicuous place upon the premises; or
G.
Served by any other method authorized or required under the laws
of this state.
Within 10 days after the service of the notice described in § 260-3 of this article, the owner of such property shall have the right to request a hearing before the Town Council to show that the condition does not exist, or to show why such condition should not be remedied by the Town at the expense of the owner of such property. Such hearing shall be held as soon as practicable after the hearing has been requested, and the Town and the property owner may introduce such evidence as deemed necessary by the Council in hearing the matter.
If the condition described in the notice prescribed by this article has not been remedied within 10 days after service thereof or, in the event there is a hearing as provided in § 260-4 of this article, after notice to the property owner of the decision of the Council sustaining the order of the Building Official, the Town Administrator shall cause the condition to be remedied by the Town at the expense of the owner of the property. After causing the condition to be remedied, the Town Administrator shall certify to the Director of Finance the expense incurred in remedying the condition, together with a statement as to the condition of the property which necessitated incurring such expense and a copy of the notice mentioned above with proof of service thereof and a copy of the decision of the hearing before the Council, if any. All expenses incurred in remedying the condition shall be paid by the owner, occupant or person who caused or permitted such condition to exist, and if the expense is not paid within a reasonable time, then the expense may be recovered in an action brought in the name of the Town, including placing a lien on the property for all expenses incurred by the municipality. Any expenses not paid within 30 days of notice served as set forth in § 260-3 shall be a lien against the property. The lien shall be recorded in the records of land evidence of the Town and shall bear legal interest from date of recording. The costs incurred by the Town, plus the interest, shall be added to the amount of taxes due on said real estate, if any. The Tax Collector shall have the same powers and shall be subject to the same duties with respect to this claim as in the case of the annual taxes upon said real estate, and the provisions of law relative to the collection of any annual taxes and the redemption of this sold and taken land shall apply to this claim; provided, however, that such action shall not be deemed to preclude the Town from collecting said sums by other lawful means.
Any property owner shall have a right to have a hearing before the Council to show cause, if any, why the expenses and charges should not be collected against him, provided that the finding by the Building Official that the condition described in § 260-1 exists shall be final, unless an appeal is taken to the Council as provided in this article, in which case the finding of the Council with reference to such property shall be final and conclusive.
The Finance Director shall keep a complete set of files and
records relating to all expenses incurred by the Town in the enforcement
of this article, and after notice to the owners of the property involved
of the amounts due, and if the same are not paid as provided elsewhere
herein, within a reasonable time, he shall refer the statement of
expense to the Town Solicitor for collection. The Town Solicitor may
bring suit to collect the amounts owed to the Town.
Any owner or occupant who neglects to remove, at his own expense, any nuisance, refuse, filth or solid waste as set forth in § 260-1 of this article within the time set forth in the notice sent pursuant to § 260-3 shall be in violation hereof and shall be subject to a fine of not more than $50 for every day during which he or she knowingly permits the nuisance, solid waste, refuse, filth or source of filth to remain after the time prescribed for removal.
[Adopted 7-14-2014 by Ord. No. 2014-07-14]
It shall be the duty of any person(s) owning real property bordering
on any public street or thoroughfare, upon which property there may
be trees or other woody vegetation, to prune such trees and vegetation
in a manner that it will not obstruct the passage of public pedestrians
or vehicular travel, or obstruct or impair the view of any street
or intersection or the view of any traffic signs or signals, so as
to pose a threat to pedestrian or vehicular safety. The minimum clearance
of any overhanging portion of such trees or vegetation shall be eight
feet (2.44 meters) over all sidewalks or road shoulders and 14 feet
(4.27 meters) over all streets and thoroughfares, or as otherwise
determined at the discretion of the Director of Public Works.
It shall further be the duty of any person(s) owning real property
bordering on any public street or thoroughfare to prune or remove
any tree or part thereof which is in an unsafe condition or which,
by reason of its nature, poses a threat to public property, pedestrian
or vehicular safety, or otherwise constitutes a threat to the health,
safety and welfare of the public.
The failure of any person(s) owning real property bordering on any public street to prune or remove trees or vegetation as provided in this article is hereby declared to be a public nuisance. The Director of Public Works shall have the authority to issue a notice to abate such nuisance in accordance with the procedures set forth in Ordinance No. 200903-09 (Nuisances), as codified in Chapter 260, Article I, of the Portsmouth Code of Ordinances.
Prior to issuing an order to remove a private tree, the Director
of Public Works shall consult with and receive approval from the Tree
Warden.
