[HISTORY: Adopted by the Town Council of
the Town of Hillsville 10-11-1978 as Ch. 7 of the 1978 Code. Amendments
noted where applicable.]
[Amended 10-12-1992]
Various nuisances are defined and prohibited
in other chapters of this Code, and it is the intent of the Town Council
in enacting this chapter to make it supplemental to those other chapters
in which nuisances are defined and prohibited; and the provisions
of this chapter relating to the abatement of nuisances shall be regarded
as secondary methods and procedures for the abatement of nuisances
in those instances where other methods and procedures for abatement
are provided.
It shall be unlawful for any person to cause,
harbor, commit or maintain or to suffer to be caused, harbored, committed
or maintained any nuisance as defined by the statute or common law
of this state or as defined by this Code or other ordinance of the
Town at any place within the Town.
A.
The following acts, when committed, or conditions,
when existing, within the Town are hereby defined and declared to
be nuisances:
(1)
An act done or committed or aided or assisted to be
done or committed by any person, or any substance, being or thing
kept, maintained, placed or found in or upon any public or private
place, which is injurious or dangerous to the public health or safety.
(2)
All buildings, bridges or other structures of whatever
character kept or maintained or which are permitted by any person
owning or having control thereof to be kept or maintained in a condition
not deemed as safe and sanitary as defined by the State Building Code.
[Amended 10-12-1992]
(3)
All trees and other appendages of or to realty kept
or maintained or which are permitted by any person owning or having
control thereof to be kept or maintained in a condition unsafe, dangerous,
unhealthy and injurious to the general public.
[Amended 10-12-1992]
(4)
All ponds or pools of stagnant water and all foul-smelling
or dirty water or liquid when discharged through any drain, pipe or
spout or thrown into or upon any street, public place or lot to the
injury of the general public.
[Amended 10-12-1992]
(5)
All obstructions caused or permitted on any street
or sidewalk to the danger of the public, and all stones, rubbish,
dirt, filth, slops, vegetable matter or other article thrown or placed
by any person on or in any street, sidewalk or other public place,
which in any way may cause any injury to the public.
[Amended 10-12-1992]
(6)
All sidewalks, gutters or curbstones permitted to
remain in an unsafe condition or out of repair.
(7)
All stables, cattle yards, hog, sheep or cow pens
or yards or structures for poultry permitted by the owner thereof
or the person responsible therefor to be harboring or breeding places
for rodents or otherwise to be in such a condition as to become injurious,
foul smelling and a hazard to the general public or to the persons
in the neighborhood thereof.
[Amended 10-12-1992]
(8)
All houses or buildings used for special storage of
powder, dynamite or other explosive substances, except those maintained
pursuant to a permit issued by competent authority.
(9)
All septic tanks, privies, cesspools and privy vaults
of a type prohibited by state law or by rules and regulations promulgated
by authority of state law or which are maintained in any manner contrary
to state law or rules and regulations promulgated by authority of
state law or which otherwise constitute a hazard to the health of
persons in the neighborhood thereof.
[Amended 10-12-1992]
B.
Weeds and
trash declared public nuisance; abatement required. Weeds growing
or trash lying on any parcel shall constitute a public nuisance, except
that in the case of a parcel greater than two acres in area, natural
vegetation growing more than 50 feet from every property line shall
not constitute a public nuisance. It shall be unlawful to cause or
allow a public nuisance with any respect to a parcel. The owner of
any parcel shall abate any public nuisance with respect to his parcel.
[Added 3-25-2013[1]]
[1]
Editor’s Note: This legislation also redesignated former
Subsection B as Subsection D.
C.
Weeds and trash prohibited; duty of owner to remove weeds and trash. It shall be unlawful and a public nuisance for the owner of any parcel to allow weeds, as defined herein, to grow or trash to stand upon such parcel. It shall be the duty of the owner of any parcel to immediately cut, remove or destroy any and all weeds and to remove trash on his parcel. Any owner who shall violate any provision of this section may be subject to the remedies pursuant to § 97-8, and be deemed guilty of a Class 4 misdemeanor, and each day that such weeds shall remain uncut or such trash is allowed to stand after the period within which they are required hereunder to be cut or removed shall be deemed to constitute a separate offense under this section.
[Added 3-25-2013]
D.
The nuisances described in this section shall not
be construed as exclusive, and any act of commission or omission and
any condition which constitutes a nuisance by statute or common law
of the state, when committed, omitted or existing within the Town
limits, is hereby declared to constitute a nuisance.
Each owner, lessee, tenant, occupant or person
in charge of any real property within the Town and each agent or representative
of any such person is hereby charged with responsibility for the maintenance
and use of such real property in such manner that no use of or activity
or condition upon or within such real property shall constitute a
nuisance; and all such persons are hereby charged with the duty of
observing all of the provisions of this chapter, but such responsibility
shall not be construed to permit any other person not charged with
such responsibility to commit or maintain any nuisance upon or within
any real property in the Town.
[Amended 10-12-1992]
It shall be the duty of the Manager and the
Chief of Police to cause inspections to be made from time to time
of all portions of the Town to determine whether any condition exists
or activity is being practiced which constitutes a nuisance; and they
shall cause any investigation to be made upon complaint made by any
three persons, and an investigation by Town official shall be performed.
Town officers shall have the right to enter upon private premises for the purposes specified in § 97-5, upon compliance with all applicable provisions of law.
If at any time Manager or Police Chief shall
find that a condition which constitutes a nuisance exists within the
Town, he shall give notice, in writing, to the owner, occupant or
person in charge of the premises upon which such condition exists,
stating therein the condition which constitutes a nuisance and directing
such addressee to remedy the condition within the time stated in such
notice, which shall be not more than 30 days; and it shall be unlawful
for any such owner, occupant or person in charge to fail to comply
with the terms of such notice, provided that any owner, occupant or
person in charge may, prior to the next regularly scheduled Council
meeting, appeal to the Town Council, in which case the terms of such
notice shall be stayed pending action of the Town Council, which shall
be final; provided, further, that if the officer giving notice shall
state in such notice that the condition which constitutes a nuisance
is such as to be an immediate hazard to the life and health of the
public or any person within or near the premises upon which such nuisance
exists, then the addressee shall comply with the terms of such notice.
A.
Upon the failure of any person to whom notice has been given pursuant to § 97-7 to comply with the terms of such notice or with the terms imposed by the Town Council on appeal, as the case may be, the Manager shall forthwith direct the appropriate Town officer to remedy the condition which is the subject of such notice, and the expense incurred by the Town in so doing shall be charged to the addressee of such notice, to be collected as Town taxes or in any other manner authorized by law.
[Amended 10-12-1992]
B.
Abatement by the Town of any condition which constitutes
a nuisance and reimbursement to the Town of expenses incurred thereby
shall not bar prosecution for maintenance of a nuisance.
[Amended 10-12-1992]
Nothing in this article shall be construed to
prohibit any police officer from arresting any person from committing
or maintaining a nuisance when such arrest is made pursuant to law.
