[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.[1]
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.
