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HomeMy WebLinkAboutOrd1971-379 ATTACHED TO AND MADE A PART OF THE MINUTES OF THE EWARD CITY COUNCIL OL 15 -~G~.. . ames C:F~ City Clerk-Treasurer ./ / CITY OF SEWARD, ALASKA ORDINANCE NO. 379 AN ORDINANCE TO AMEND THE CITY CODE TO PROVIDE A PROCEDURE FOR ABATING PUBLIC NUISANCES. WHEREAS, the City of Seward desires to improve the safety of its citizens by abating hazardous conditions, and WHEREAS, the City of Seward has adopted a new Code of Ordinances, and WHEREAS, said code does not define what public nuisances are and does not provide a procedure to abate them, NOW, THEREFORE, THE CITY OF SEWARD ORDAINS: Section 1. That the City Code is hereby amended by adding a chapter titled "l'ublic Nuisances," to be numbered l8A, and which said chapter reads as follows: CHAPTER l8A PUBLIC NUISANCES Sec. l8A-1. Public nuisances; unlawful acts; administration. (a) Public nuisances. include, but not be limited to, any provision of this Chapter. Public nuisances shall whatever is forbidden by (b) Violations. It shall be unlawful for any person to commit, create or maintain any public nuisance enumerated in section l8A-2 of this Code. (c) Administration. The city manager, fire chief, police chief, or their designated representatives are hereby authorized to enforce the provisions of this Chapter. When used in this Chapter "abatement official" shall include these officials or their designated representatives. Sec. l8A-2. Enumeration of public nuisances. The following acts and conditions shall constitute a public nuisance: (a) Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream; or in any way renders the public insecure in life or property. 1. I . ( (b) Making or causing to be made any unnecessary or unusual noise which either annoys, injures or endangers the comfort, repose, health or safety of the public, except 'as otherwise permitted in this Code, and any such noise within one hundred fifty feet of any hospital or other institution reserved for the sick or any school calling special attention against noise, whenever the institution is posted calling for special attention against noise. The police chief shall order the placing of such signs calling for special attention against noise he deems necessary within one hundred fifty feet of any portion of the grounds and premises on which is located a hospital, other institution reserved for the sick, or a sohoo1. (c) Using, playing or practicing upon any musical instrument upon any streets, alley or public place, without a written permit from the police chief, or unless permitted in this Code. (d) Using, for the purpose of attracting the attention of the public, any ~adio, recording music or sound amplifying device of any kind, the sound ~rom which is cast directly upon a street, alley or public place. This sub- section should not apply to devices officially used by governmental units. The city manager shall have the authority, on written application to him, to permit the broadcast by use of sound amplifying devices under conditions prescribed by him. (e) Operating or using any pile driver, power shovel, pneumatic hammer or other apparatus the use of which is attended by loud or unusual noise, in conducting any bbi1ding operations between the hours of 10:00 P.M. and 7:00 A.M., except by written permission of the city manager. (f) Operating any internal combustion engine, or noise-creating blower or power fan, unless the noise made thereby is so muffled as not to cause annoyance to the public. (g) Disposing of any refuse, garbage, manure, waste or other materials except at refuse disposal sites which have been approved and are supervised by the state health officer, borough health_6fficer or city manager, and which are clearly marked for such purpose. (h) Dumping, abandoning, throwing, scattering, or transporting anything in such manner as to cause the littering of any street, alley or public place, or of any private property not his own, or as to cause the obstruction of any ditch, drain or gutter, except as permitted in refuse dis- posal sites under subsec~on (g) of this section. 2. r I <AmOlD '1'0 AID MAlI A NI.T or TBI lIUUDS or TBI CITY COUNCIL L 15 pI'~~ .....~~ City Clerk-Tr...urer (i) Knowingly or wantonly operating or causing to be operated any machine, device or apparatus of any kind whatsoever within the corporate limits of the city between the hours of ten a.m., and twelve midnight, the operation of which shall cause reasonably preventable electrical inter- ference in the operation of any radio or television receiving set or with radio or television reception within the city, except that x-ray pictures, examinations or treatment may be made at any time if the machines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonably preventable interference with such radio or television reception, and are not negligently operated. (j) Any well, swimming pool or other dangerous excavation in the earth kept, maintained or permitted in an uncovered, unprotected, unfenced or inadequately fenced or otherwise dangerous or unsafe condition within the city. (k) Buildings which are unoccupied and open to ingress and egress and which should be locked up, boarded up or otherwise secured from ingress or egress. (1) Unpainted buildings in a dry, rotten or warped condition. (m) Broken windows constituting hazardous conditions and inviting trespassers and malicious mischtef. (n) Overgrown vegetation causing detriment to neighboring properties or property values. (0) Dead trees, weeds or debris: (1) Constituting unsightly appearance, or (2) Dangerous to public safety and welfare, or (3) Detrimental to nearby property or property values. (p) Trailers, campers, boats and other mobile equip- ment stored for unreasonable periods in unsheltered front yard areas, thirty (30) days being prima facie evidence of an unreasonable period. (q) Attractive nuisances dangerous to children in the form of: (1) (2) (3) I Abandoned and broken equipment, or Hazardous pools, ponds and excavations, or Neglected machinery, or 3. Aft'ACllED TO AND MADE It. raT OF THE HUUTES 01' THE~ C1 TY COUl1C1L I L lSe~ <:: "V' ," 8M .. ill (/ City Clerk-TreaauX'er (4) Abandoned refrigerators, or (5) Abandoned automobiles or c~binets. (r) Broken or discarded furniture and household equipment in yard areas for unreasonable periods, seven (7) days being prima facie evidence of an unreasonable period. (s) Clothes lines in front yard areas. (t) Garbage cans stored in front or side yards and visible from public streets. '(u) Packing boxes and other debris stored in tards and visible from public streets for unreasonable periods, seven (7) days being prima facie evidence of an unreasonable period. (v) Neglect of premises: (1) To spite neighbors, or (2) To influence zone changes, or (3) To cause detrimental effect upon nearby property or property values. (w) Property including but not limited to building exteriors which are maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding property or is materially detrimental to nearby properties and improvements. This includes but is not limited to the keeping or disposing of or the scattering over the property or premises of any of the following: (1) Lumber, junk, trash or debris; Or (2) Abandoned, discarded or unused objects of ~quipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; or (3) Stagnant ,water or excavations; or (4) Any device, decoration, design, fence, structure, clothes line or vegetation whtch is unsigh~ly by reason of its condition or its inappropriate location. (x) Emitting or discarding any lint or other waste from any 1aurldry or dryc1eaning premises of any kind whatsoever. 4. r , x ATTACHED TO AND MADE A PART OF THE MINUTES OF THE EWARD CITY COUNCIL OL 15 e:~~ ame ~~ City Clerk-Treasurer (/ Sec. l8A-3. Junk vehicles. (a) It shall be unlawful for any person to place (1) upon public property not set aside by law as a refuse disposal, or (2) upon any private property, except licensed junk yards, any wrecked, junked or abandoned vehicle. (b) It shall be unlawful for any owner, lessee, agent, tenant or occupant to allow or pe~mit to remain on any property owned or controlled by him, except licensed junk yards, any wrecked, junked or abandoned vehicle. (c) Any violation of constitute a public nuisance. be charged or assessed by the section 18A-16(b) against any subsections (a) or (b) shall The costs of abatement may city council as provided by or all of the following: (1) The vehicle, (2) The registered owner of the vehicle, (3) Any person who has acquired the right to possession of the vehicle from or through the registered owner, (4) Any person in violation of subsection (a) or (b) of this section, and (5) The owner, lessee, agent, tenant or person in control of the property where the vehicle was situated at the time of the notice to abate. (d) As used in this section: (1) The term "abandoned" includes any vehicle which at the time of the notice of abandonment is (i) Not licensed as a motor vehicle in compliance with the laws of Alaska, or (ii) Cannot be operated as a motor vehicle in compliance with the laws of Alaska because of mechanical failure. (2) The term "vehicle" means any motor vehicle as defined in this Code and includes any body or part of any such motor vehicle. (e) A person having upon his premises an abandoned vehicle which is in need only of reasonable repairs and is without available funds to obtain the required license or to make such repairs may apply to the city manager for a permit to keep the vehicle upon the premises. 5. x ATTACHED TO AND MADE A PART OF THE MINUTES OF THE~WAIm CITY CO. ONCIs.. ; L 15 - f~~)' ~R~ir1;Y c// City Clerk-Treasurer Sec. 18A-4. Emission of dense smoke. (a) Prohibited. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No. 2 on the Ring1emann Chart. The emission of any such dense smoke is declared to be a public nuisance and may be summarily abated by the abatement official. This section shall not apply to: (1) The circumstance when a fire-box, furnace, boiler, locomotive, or other fuel consuming device is being cleaned out and a new fire is being built therein, in which event the smoke of a density greater than that described on the Ringlemann Chart shall be permitted for a period of not ID exceed six minutes in any single period of sixty minutes, or (2) Smoke from fires set by or permitted by any official if such fire is set or per- mission given in the performance of the official duties of such officer, and such fire in the opinion of such officer is necessary: (i) For the purpose of the prevention of a fire hazard which cannot be abated by any other means, or (ii) The instruction of public employees in the methods of fire fighting. (b) Ringlemann Chart. (1) The "Ringlemann Chart" is a chart which is described in the U. S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring smoke density. (2) The Ring1emann DUmber is the number appearing on the Ringlemann Chart described by the observer to the density of smoke emission. (3) The use of the chart will be made by placing it at such distance from the observer so that the smoke appear as even shades of coloring or when no white spaces between the lines are visible. Measurements shall be taken at the point of greatest density, which will usually be at the point of 6. f' x A'1'TACBlD 'l'O ARJ) MADE A PAllT OF THE MIlWTES OF THE EWARD CITY COUNCIL ILlS -~~/7 ~i'~ City Clerk-Treasurer emission. Comparison of the smoke and observation with the various shades of the chart will then indicate the density of the smoke. Observation distances shall be not less than one hundred feet nor more than one quarter mile from the smoke observed. (4) Where the density or opacity of the smoke as observed falls between two consecutive Ringlemann numbers, the lower Ringlemann number shall be considered the density of the smoke observed. Sec. l8A-S. Escape of soot, cinders. noxious acids. fumes and ~. (a) It shall be unlawful for any person to permit or cause the escape of such quantities of soot, cinders, noxious acids, fumes and gases in such place, or manner as to: (1) Be detrimental to any person or the public, (2) Endanger the health, comfort and safety of any such person or of the public, or (3) Cause or have a tendency to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance and may be summarily abated by the abatement official. (b) "Cinders", "dust", "fly ash", "noxious acids", "fumes" and "gases" as used in this section shall be considered to be all matter other than dense smoke, including smoke, cinders, dust, and soot formed as the result of the combustion of fuel which are carried in the gas streams so as to reach the external air and which have not been completely consumed by the combustion process. Sec. l8A-6. Summary abatement. The abatement official may abate any public nuisance without notice in an emergency where the public safety, comfort or repose is seriously annoyed, injured or endangered to the point where immediate action is necessary and notice cannot be timely given. All other abatement proceedings, except the necessity and the manner and method of giving notice shall apply to the nuisance summarily abated, including the recovery of the costs of the summary ~batement. 7. x ATTACHED TO AND MADE A PART OF THE MINUTES OF THE ~. EWAA~lID CITY COUNCIL ~S k1A~~", :'J81I1.8 -t: ~/ City Clerk-Treasurer Sec. 18A-7. Commencement of proceedings. Whenever the abatement official has inspected any activity, condition or property and has found and determined that such activity, condition or property constitutes a public nuisance, he shall commence proceedings to have the public nuisance abated by rehabilitation, demolition, repair or other appropriate action. The procedures set forth herein shall not in any manner, however, limit or restrict the city from enforcing city ordinances or abating public nuisances in any other manner provided by law, or by the common law. Sec. 18A-8. Notice and order. (a) Issuance, contents. The abatement official shall issue a notice and order direct to: (i) The record owners of the affected property, or (ii) The person com- mitting, creating, Qr maintaining the public nuisance. The notice and order shall contain: (1) The street address and legal description sufficient for identification of the affected property. (2) The statement that the abatement official has found the property affected with a public nuisance with a brief and concise description of the public nuisance as defined in this section. (3) A statement of the action required to be taken as determined by the abatement official to abate the public nuisance by rehabilitation, repair, demolition or other action sufficient to cause the nuisance to be wholly abated. (4) A statement advising that if any required abatement is not commenced or completed within the time specified the abatement official may proceed to cause the necessary work to be done and charge the cost thereof against the property or its owner. (5) Statements advising: (i) That any person having record title or legal interests in the property may appeal from the notice and order of any action of the abatement official to the city council by filing with the city 8. ATTACHED TO AND MADE A PART OF THE MINUTES OF THE ~:~ CITY COUNCIL . OL l5~~E . c " ,~ . -' \. . . ame . Fi ip City Clerk-Treasurer manager within fifteen (15) days (unless such abatement will materially effect a building or structure permanently attached to real property, in which case thirty (30) days shall be allowed) from the date of service of such notice and order an appeal in writing in accordance with the appeal procedure as provided in section l8A-12, and (ii) Failure to appeal will constitute a waiver of all right to administrative hearing and determination of the order. (b) Service of notice and order. The notice and order and any amended or supplemental notice and order shall be served upon the record owner and posted on the property affected by the public nuisance, and one copy thereof shall be served on each of the following if known to the abatement official or disclosed from official public records: (1) The holder of any mortgage or deed of trust or other lien or encumbrance of record. (2) The owner or holder of any lease of record. (3) The owner of any other estate or legal interest of record in or to the property affected with the public nuisance. The failure of the abatement official to serve any person required to be served shall not invalidate any pro- ceedings herein as any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section. No notice is required for abatement of a public nuisance occurring on the public streets and rights-of-way, city properties and parks, or for summary abatement when permitted. (c) Method of service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by registered or certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the borough or as known to the abatement official. If no address of any such person so appears or is known to the abatement official, any copies of notice or order shall be so mailed addressed to such person, at the address of the property involved in these proceedings. The failure of any such person to receive 9. ATtACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL ;J~ 1: - ~G~. c ~~~ (, City Clerk-Treasurer such notice shall not affect the validity of any proceedings taken under this section. Service by certified or registered mail in the manner herein provided shall be effective on the date of mailing. (d) Proof of service. Proof of service of the notice and order shall be certified to at the time of the service by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified or registered mail shall be affixed to the copy of the notice and order retained by the abatement official. Sec. 18A-9. Recordation of notice and order. (a) If compliance is not had with the order within the time specified therein, and no appeals are properly and timely filed, the abatement official shall rnve filed in the office of the Seward Recording District a certificate describing the property and certifying: (1) That the property is affected by a public nuisance; (2) That the owner has been so notified. (b) Whenever the public nuisance has been abated on a property described in the certificate the abatement official shall file a new certificate with the office of the Seward Recording District certifying that the public nuisance has been abated. Sec. l8A-lO. Posting. (a) Required. Every order of compliance shall, in addition to being served as provided in section l8A-8(b), be posted in a conspicuous place upon the affected property. (b) Compliance. No person shall remove or deface any such notice after it is posted until the required abate- ment has been completed. Any person violating this subsection shall be guilty of a misdemeanor. Sec. 18A-ll. Standards to be followed. The abatement official (and the board of appeals, if an appeal is taken) shall order the means best calculated to abate wholly the nuisance with the least costs of abate- ment, and demolition shall not be ordered if repair or removal may accomplish the abatement. 10. An'ACHED TO AND MADE A PAR.T OF THE MINUTES OF THE:&1ARD CITY~COUNCIL 15 -JAG ame t.p 11 (/ / C1 ty Clerk-Treasurer Sec. l8A-12. Appeal. Any person entitled to service under section l8A-8(b) may appeal from any notice and order or any action of the abatement official concerning abatement of a public nuisance by filing at the office of the city manager within thirty (30) days from the date of service of such order a written appeal in the same manner and method as provided for aBpeals under section 501 of Volume IV of the Uniform Building Code, "Dangerous Buildings," (current edition), as amended, as adopted by reference in Sections 6-1 and 6-2 of the Seward City Code. The procedure for appeal and for hearing of the appeal shall be the same procedure for the conduct and hearing of appeals as provided in Chapters 5 and 6 of such Volume IV of the Uniform Building Code as amended or such other procedure as the city council deems advisable under the circumstances. Sec. 18A-13. Enforcement of order. (a) General. After any order of the abatement official or the city council acting as a board of appeals, shall have become final no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order shall be guilty of a misdemeanor. (b) Failure to obey order. If, after any order of the abatement official or the city council acting as a board of appeals, has become final, any person to whom such order is directed shall fail, neglect or refuse to obey such order, the abatement official may: (1) Cause such person to be prosecuted under subsection (a) of this section; or (2) Institute any appropriate action to abate such public nuisance; or (3) Do both (1) and (2). (c) Failure to commence work. Whenever the required abatement is not commenced within thirty (30) days after any final notice and order issued under this code becomes effective the abatement official may, in addition to any other remedy herein provided, cause the public nuisance to be abated with the cost of such abatement to be paid and recovered in the manner and method provided in section l8A-17 . 11. ATTACHED TO AND MADE A PART OF THE MINUTES OF TH]E.. WARD CITY COUN.CIL VL 15 ~~E '~ .' , ames R. i ip ( City Clerk-Treasurer Sec. l8A-14. Extension. Upon receipt of an application from the person required to conform to the order and agreement in writing by such person that he will comply with the order if allowed additional time, the abatement official may, at his discretion, grant an extension of time within which to abate the public nuisance, if the abatement official determines that such an extension of time will not create or perpetuate a situation dangerous to life or property. The abatement official's authority to extend time is limited to the abate- ment of the public nuisance and will not in any way affect or extend the time to appeal his notice and order. Sec. l8A-lS. Interference prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized repnesentative of the city or with any persons who own or hold any estate or interest in the premises affected by the public nuisance which has been ordered abated, whenever such officer, employee, contractor or authorized representative of the city, person having interest or estate in the affected premises, is performing the necessary acts preliminary or incidental to such work authorized or directed pursuant to section l8A-l3. Sec. l8A-16. Abatement. (a) Procedure. When any abatement or a public nuisance is to be done pursuant to section l8A-l3(c) of this chapter the abatement official shall issue his order therefor to ~he director of public works and the work shall be accomplished by city personnel or by private contract under the direction of said director. (b) Costs. The costs, including incidental expenses, of abatement of such public nuisance shall be a lien against the property involved or may be made a personal obligation of the property owner, whichever the city shall determine is appropriate. Sec. 18A-17. Recovery of costs of abatement. (a) The director of public works shall keep an account of the costs, including incidental expenses, of abating each public nuisance, including each separate 'lot or parcel of land where the abatement is done, and shall render an itemized report in writing to city council showing the costs of abatement and manner of abatement of each public nuisance, including any salvage value relating thereto. 12. ATTACHED TO AND MADE A PART OF THE MINUTES OF T~HEWARD CITY .COUNCIL L 15 zl'A~~ C;: ames k~.~ / City Clerk-Treasurer (b) Upon the completion of the abatement work, the director shall prepare and file with the city clerk a report specifying the work done, itemizing the total cost of the work, the description of the property affected by the public nuisance and the names and addresses of the persons entitled to notice pursuant to 18A-8(b). Before the report is submitted to the city council, a copy of a report shall be posted for at least five (5) days upon the affected pre- mises, together with a notice of the time when the report shall be heard by the city council. (c) The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the city in the preparation of notices, specifications and con- tracts, overhead and inspection of the work and the cost of printing and mailing required hereunder. (d) The procedure provided in sections 902 through 911 inclusive, of Chapter 9 of Volume IV of the Uniform Building Code of Dangerous Buildings, (current edition), adopted by reference in sections 6-1 and 6-2 of the Seward City Code shall be the procedure and method for the recovery of the costs of the abatement of public nuisances as amedded by this section. (e) All monies recovered for the costs of abatement shall be paid into the general fund. Sec. l8A-18. Legal remedies. The remedies provided for in this chapter shall be cumulative and in addition to other remedies or procedures provided elsewhere in this code or by common law. In addition, a public nuisance abated by the city in a civil action. Section 2. This ordinance shall take effect ten (10) days after passage and approval. PASSED AND APPROVED by the Cit y Council of the City of Seward, Alaska, this 10th day Of~ ' 1971. Is( Robert E. GIUd~~ Mayor FIRST READING: April 12, 1971 SECOND READING: April 26, 1971 ADOPTION: May 10, 1971 13. ATTACHED ro AIID IlADE A PART OE THE KIIIIl'1'IlS OP T1IE ~" ;0 CITY COUllC, It ! OL 15t:" P~E<,' , / .../ / , ames . 1 P {,/' City Clerk-Treasurer AYES: Hulm, Hill, Richardson, Hardy, Skinner, Vincent & Glud NOES: none ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, LOWE, GANTZ & ClARK BY.~- C, c ' ' City Attorney 14.