[HISTORY: Adopted New Canaan Board of Selectmen 7-11-57; effective 9-15-57.]
In addition to nuisance expressly declared to be such in this code, every condition or activity in the town which is offensive or prejudicial to the health and welfare of the residents of the town shall be deemed to be a nuisance, and where any activity or condition is not expressly declared to be a nuisance in this code or any ordinance or bylaw of the town, the Director of Health shall have the power and authority to determine that such activity or condition constitutes a nuisance as defined in this section.
It shall be unlawful for any person to commit, or aid, advise, abet or encourage the commission of any declared to be a nuisance or prohibited as such by the provisions of this code or any ordinance or bylaw of the town.
[Added 12-22-1965; effective 1-28-1966]
No person shall burn within the town any matter or substance (other than coal, charcoal, wood, gas or oils), which shall discharge into the air or cast off, any foul, obnoxious, annoying or repulsive gas, smoke or odors of any kind whatsoever, it being hereby declared that the discharge of the same is a nuisance, offensive and prejudicial to the health and welfare of the residents of the town. Nothing in this section, however, shall prohibit the disposal, by burning, of combustible rubbish and garbage at home or at commercial establishments, when done in a specially designed container for the disposal of garbage and combustible materials, provided that no obnoxious smoke or odors are produced, nor shall it prohibit the burning of leaves or other dry vegetation on private property in accordance with fire regulations.
The Chief of Police, Chief of the Fire Department, Director of Public Works or Director of Health may cause any nuisance or activity or condition prohibited by the provisions of this code or any ordinance or bylaw of the town relating to the health and welfare of the town to be removed or abated. Any such officer may enter for the purpose of inspection any place in which he has reason to believe that nuisances, activities or conditions prejudicial to health or the public welfare exists, and may order the person owning or occupying the premises on which any such nuisance, activity or condition is found to abate or remove the same in accordance with the terms of such order within a time specified therein. All such orders shall be in writing.
The members of the Police Department shall execute any order of the Chief of Police, Chief of the Fire Department, Director of Public Works or Director of Health issued under the provisions of this chapter, when called upon by such officer so to do.
The officer issuing the order referred to in the preceding section shall cause any order for the abatement or removal of a nuisance to be served on the owner of the premises on which such nuisance exists, or his agent, or on the occupant or tenant of such premises, or on such of them as can be found in the town, within a reasonable time before the date named in such order for compliance therewith.
If any person served with an order to abate or remove a nuisance as provided herein, before the date specified in such order for compliance therewith, applies to the Board of Selectmen to have its execution stayed or terms modified, such order shall be temporarily suspended to allow such person a reasonable and fair opportunity to be heard and to present argument and proof against the execution of the order or in favor of its modification.
It shall be unlawful for any person to fail or neglect to obey and comply with any order given under the provisions of this chapter, unless such order is set aside by the Board of Selectmen after hearing.
If any person upon whom an order to abate or remove a nuisance is served fails or neglects to comply with the terms of such order in the manner and time specified therein, or as modified by the Board of Selectmen, the officer who issued such order may cause such nuisance to be removed or abated and the expense thereof shall be collected from such person by the Town Attorney in an action in the name of the town.