§ 8.08.010. Public nuisance defined.  


Latest version.
  • A.

    As used in this chapter, a "public nuisance" shall mean any act, thing, occupation, condition or use of real or personal property which shall be of such a nature and shall continue for such length of time as to substantially annoy, injure or endanger the comfort, health, repose or safety of the public.

    B.

    "Public nuisances" shall include but not be limited to the following acts, conduct, omissions, conditions or things:

    1.

    Accumulations of garbage in any manner in which flies, mosquitoes, disease carrying insects, rodents, or other vermin may breed or may reasonably be expected to breed;

    2.

    Accumulations of refuse in which disease carrying insects, rodents, or other vermin may breed or may reasonably be expected to breed. For purposes of this chapter, "refuse" means all solid waste; including garbage, rubbish, debris, abandoned or inoperable household appliances, moveable furniture not designed for or modified to withstand the elements and outdoor use; trash, or any other material of any kind that has been discarded, rejected, cast aside or thrown away as worthless; old lumber and construction debris; junk; abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans or containers, machinery, implements, and/or equipment and personal property of any kind which is no longer safely usable; worn out or discarded material of little or no value, including but not limited to household appliances or parts thereof, tools, discarded building materials or any other unsightly debris, the accumulation of which has an adverse effect upon neighborhood property values, health, safety or general welfare;

    3.

    All stagnant water in which mosquitoes, flies or other insects can multiply;

    4.

    Containers which are not covered by solid, tight-fitting lids or which have uncovered holes for which weekly removal is not provided;

    5.

    Any use of property, substances or things within the city emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons with the city;

    6.

    Abandoned or junked automobiles as defined by Chapter 10.08;

    7.

    Any dangerous building as defined by Chapter 15.30;

    8.

    Allowing or maintaining a condition that permits poisonous or disease carrying insects, reptiles, rodents, vermin, or vectors to live and breed;

    9.

    Such other actions, conduct, omissions, conditions or things defined or specified in the municipal code of the city of Clovis as nuisances or public nuisances;

    10.

    "Graffiti" that is allowed to remain on buildings, walls or other properties for more than ____________ days after notice to the property owner/occupant. The "graffiti" is defined as any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to or on any surface of property by or with, but not limited to any of the following:

    Paint stick, paint container, gum label, graffiti stick, etching tool or any other device capable of scarring or leaving a visible mark on glass, metal, concrete or wood or any other surface.

    C.

    Public nuisance shall also include the flow of water due to overwatering, inefficient watering, or other release of water, except storm water run-off created by natural precipitation, from non-single-family residential property into streets, alleys, gutters, and other public rights of way.

    (Ord. 1855-2006 § 2(part), 2006; Ord. 1833-2006 § 3, 2006; Ord. 1646-2000 § 3(part), 2000).

(Ord. No. 1954-2011, § 2, 2-17-11; Ord. No. 2008-2013, § 2, 9-5-13).