Title 8 HEALTH AND SAFETY
Title 8HEALTH AND SAFETY
Chapters:
Chapter 8.08 - NUISANCES
Chapter 8.10 - MANDATORY REFUSE COLLECTION*
Chapter 8.11 - GARBAGE, ASHES AND RUBBISH
Chapter 8.12 - LIQUEFIED PETROLEUM GAS
Chapter 8.15 - TRAILERS, CAMPERS AND TENTS
Chapter 8.16 - EXPLOSIVES
Chapter 8.20 - FIRE CODE
Chapter 8.30 - PARK SAFETY
Chapter 8.34 - EMERGENCY RESPONSE PROCEDURES
Chapter 8.08NUISANCES
Sections:
8.08.010 Definitions.
8.08.020 Nuisances prohibited.
8.08.030 Authority of town to declare nuisances.
8.08.040 Nuisances declared.
8.08.050 Complaints.
8.08.060 Inspections—Right of entry—Emergencies.
8.08.070 Abatement of nuisances—Failure to comply.
8.08.080 Responsibility for costs of abatement—Collection—Failure to pay.
8.08.090 Remedies cumulative and nonexclusive.
8.08.100 Violations and penalties.
8.08.110 Severability.
8.08.010Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
"Inoperable vehicle" means any automobile, truck, self-propelled vehicle or other wheeled vehicle not in operating condition and which lacks a current valid license plate. Any dismantled, partially dismantled, discarded, junked or wrecked vehicle shall be deemed to be "not in operating condition" for purposes of this definition.
"Nuisance" means any substance, act, occupation, condition or use of property declared a "nuisance" by this chapter or declared a nuisance by the state of Colorado or by any court or agency thereof, or known as a "nuisance" at common law, or which is of such nature and duration as to:
1.Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
2.In any way render the public insecure in life or in the use of property;
3.Unlawfully and substantially interfere with, obstruct, or tend to obstruct or render dangerous for passage any street, alley, highway or other public way.
(Ord. 470 § 1 (part), 1994)
8.08.020Nuisances prohibited.
No person being the owner, agent or occupant or having under his control any building, lot or premises or unimproved real estate within the Town limits of the Town of Oak Creek, Colorado, shall maintain or allow any nuisance to be or remain therein.
(Ord. 470 § 1 (part), 1994)
8.08.030Authority of town to declare nuisances.
Any act, condition, substance, occupation or use of property which substantially meets the criteria of a nuisance as defined in Section 8.08.010 may be so declared by the Board of Trustees, and nothing in Section 8.08.040 shall be construed to limit the power of the Town to make such declaration.
(Ord. 470 § 1 (part), 1994)
8.08.040Nuisances declared.
A.Unwholesome Business. Offensive or unwholesome businesses or establishments are prohibited. From and after the date of this chapter, it is unlawful for any person or any kind to allow or suffer upon his premises or any premises which he is entitled to possess any offensive or unwholesome business or establishment within the Town, or within one mile beyond the outer limits of the Town as such outer limits are now, or may be hereafter, constituted. Any slaughterhouse or other place for slaughtering animals within this Town is therefore declared to be a nuisance.
B.Junkyards and Dumping Grounds. All places used or maintained as junkyards or dumping grounds or for the wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind or for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks, tractors, trailers, boats, and housetrailers or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places essentially interfere with the comfortable enjoyment of life or property by others, are declared to be nuisances.
C.Discharge of Noxious Liquids. The discharge out of or from any house or place of foul or noxious liquid or substance of any kind whatsoever into or upon any adjacent ground or lot or into any street, alley or public place in the Town is declared to be a nuisance.
D.Stale Matter. The accumulation of any stale, putrid or stinking fat or grease or other matter is declared to be a nuisance.
E.Sewer Inlet. Any article or materials accumulated in any sewer, sewer inlet or privy vault that shall have a sewer connection, which cause or might cause such sewer, sewer inlet or privy vault to become noxious or offensive to others or injurious to public health, are declared to be nuisances.
F.Dead Animals—Removal. The body of any animal which has died and which is undisposed of after twenty-four hours after death is declared to be a nuisance.
G.Stagnant Ponds. Any cellar, vault, drain, sewer, pond of water or other place in this Town that shall be noxious or offensive to others, or injurious to public health, through an accumulation or deposit of noxious, offensive or foul water or other substances shall be deemed a nuisance. This applies in all cases for which no other specific provisions are made in this chapter or any other ordinance of the Town.
H.Open Wells, Cisterns or Excavations. It is declared that excavations exceeding five feet in depth, cisterns, and wells or an excavation used for storage of water are public nuisances unless the same are adequately covered with a locked lid or other covering weighing at least sixty pounds or are securely fenced with a solid fence to a height of at least five feet, and it is unlawful for any person to permit such nuisance to remain on premises owned or occupied by him. Any well or cistern on any property within the limits of the Town, whenever a chemical analysis or other proper test or the location of the same shows that the water of the well or cistern is probably contaminated, impure or unwholesome, shall be deemed a nuisance. Any abandoned or unused well or cistern shall be filled with dirt and covered.
I.Reserved.
Editor's note— Ord. No. 576, adopted Jan. 12, 2006, repealed subsection 8.08.040 I, which pertained to noisemaking devices to attract children and derived from Ord. 470, § 1, 1994.
J.Handbills, Posters and Placards. Any handbill, poster, placard or painted or printed matter which shall be stuck, posted or pasted upon any public or private house, store or other building or upon any fence, power pole, telephone pole or other structure without the permission of the owner, agent or occupant of the house shall be deemed a nuisance.
K.Unused Appliances. Any unused refrigerator, washer, dryer, freezer or other appliance within any accessible yard or lot or carport or residential garage within the limits of the Town without the door of the same being removed is declared to be a nuisance.
L.Building Nuisances. It is declared a nuisance for the owner of any building to fail to replace any broken window or fail to secure any other means of entry into such building within seventy-two hours after notice is given by the Town.
M.Transporting of Garbage or Manure. The transport of manure, garbage, swill or offal upon any street in this Town in a vehicle which is not fitted with a substantially tight enclosed box thereon allowing no portion of such filth to be scattered or thrown into such street is declared to be a nuisance.
N.Inoperable Vehicle. Inoperable vehicle shall mean any vehicle that does not have current license or registration or is incapable of moving or operating on its own power or is missing any significant component part. Not more than one inoperable vehicle owned by the owner or occupant of the property may be stored on the property, for repair or restoration purposes only and not for sale provided that it is shielded from the view of any other parcel of property.
O.Accumulation of Garbage, Refuse, etc. Any accumulation of refuse, trash or other waste or discarded material, including discarded building and construction materials, that endangers the public health and safety is declared to be a nuisance.
P.Emissions Beyond Confines of Property. Any smoke and odor resulting from the burning of refuse, trash or other materials, including but not limited to those materials outlined in subsection O of this section, as well as permitting any condition to remain or exist on any property which shall result in the emission or creation of objectionable smoke, odor, vibration, dust, glare, sound, noxious gases or heat beyond the confines of any piece of ground in the Town which endangers the public health or results in annoyance or discomfort to the public is declared a nuisance.
Q.Accumulation of Manure. The accumulation of manure or other animal waste in quantities which endanger or tend to endanger the public health and safety is declared a nuisance. This provision does not apply to a light spread of manure upon lawns or gardens or which is plowed under the surface of the ground.
R.Excessive Noise. The making or creating of excessive or unusually loud noise within the Town is unlawful. For the purpose of determining and classifying any noise as excessive or unusually loud, the following test may but need not be applied:
1.The noise shall be measured within the Town at a distance of at least twenty-five feet from a noise source located within the public right-of-way, or at least twenty-five feet from the property line of the private property on which the noise source is located.
2.The noise shall be measured on a decibel or sound level meter of standard design and quality operating on the "A" weighing scale.
The noise measured as provided above which registers more than eighty decibels in intensity on the "A" weighing scale shall be and is declared as excessive and unusually loud and is unlawful.
The prohibitions of the above shall not apply to any authorized emergency vehicle or those activities of a temporary duration, such as parades and fireworks displays for which a permit has been granted by the Town.
Any person desiring relief from the noise level designated by this section may apply to the Board of Trustees for a permit on the basis of undue hardship. The Board of Trustees shall specify on any permit granted appropriate conditions to minimize the adverse impact of the noise on the community and the time for which the permit shall remain effective. The Board of Trustees may grant relief if it finds that:
1.Additional time is necessary for the applicant to alter or modify his activities or operation to comply with this section; or
2.The activity, operation or noise source cannot be done in a manner that would comply with the provisions of this section, but is of a temporary duration as determined by the judgment of the Oak Creek Police Department or by a written complaint from a citizen; or
3.No reasonable alternative is available to the applicant.
S.Snow and Ice. It shall be the duty of the occupant, as well as the owner of any lot, tract or parcel or real estate, whether vacant or occupied, within the boundaries of the Town to keep the sidewalks contiguous thereto reasonable free from accumulations of snow, ice, waste and offensive matter, and to remove the same with dispatch, and any owner or occupant who fails to do so, shall be deemed the author of a nuisance. Sidewalk" shall be defined as that portion of a street between the curb and the adjacent property lines intended for the use of pedestrians. For purposes of this section, accumulations of snow and ice shall be deemed to have been removed with dispatch if such accumulations occurring during any one day period are removed no later than noon of the following day. If any occupant or owner fails to remove any such accumulation within the time stated, it shall be the duty of the Police Department of the Town to proceed at once upon the expiration of such time to cause such nuisance to be abated and to report immediately the cost and expense thereof for collection from the owner in accordance with the provisions of this chapter.
T.Weeds, Brush, Rubbish. All weeds, brush and rubbish on private property and on the alleys and in the rear and the sidewalk and parking areas in front thereof within the Town are declared to be a nuisance and a menace to the health and safety of the inhabitants. Any owner, tenant or occupant of any lot or parcel of ground who fails to cut and remove all weeks, brush and rubbish from the property alleys and sidewalk or parking lot associated therewith is guilty of maintaining a nuisance. The term "weed" means an unsightly, useless, troublesome, or injurious herbaceous plant, or offending vegetation commonly regarded as a nuisance shall include all rank vegetable growth which exudes unpleasant or noxious odors and any grass which is more than six inches high. The term "brush" means a volunteer growth of bushes growing out of place and shall include all cuttings from trees, bushes and high and rank shrubbery.
U.Construction Site to be Maintained. All construction and demolition contractors shall be responsible for maintaining their work sites in a reasonably clean and litter-free condition, including the removal of all litter blown or deposited upon the site. The contractor shall provide a sufficient number of refuse receptacles or bulk containers for the disposal of all loose debris, building materials, waste and other refuse produced by those working on the site. All such waste, refuse and debris shall be securely contained in such receptacles in bulk containers by the end of each working day. Contractors shall not be responsible for disbursal of such waste after it is so secured by winds of unusually high velocity.
V.Railroad Right-of-Way to be Kept Free of Rubbish. The railroad company may be required to maintain its right-of-way within the Town in good repair and free of rubbish of any kind. Furthermore, the railroad company may be required to remove any rubbish or other matter which has been blown, thrown or otherwise deposited from the railroad right-of-way or any car moving thereon onto any adjacent property or stream. Such nuisance shall be abated by the railway company as provided in this section, except that the Town Clerk shall cause notice of any such condition to be mailed by registered or certified mail, return receipt requested, to the general offices of the railroad company maintained within the state of Colorado where the offices of the company's officers are maintained.
(Ord. 470 § 1 (part), 1994)
(Ord. No. 569, § 1, 7-14-2005; Ord. No. 573, 1-12-2006; Ord. No. 576, 1-12-2006)
8.08.050Complaints.
Complaints of nuisances may be made to the Town Administrator, building official, Police Chief or Police Officer or any other Town official. Whenever possible, any complaint shall state the nature of such nuisance, the location, including street address, name of the owner, agent or occupant of the building or lot, if known, and the name and address of the complainant.
(Ord. 470 § 1 (part), 1994)
8.08.060Inspections—Right of entry—Emergencies.
A.Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an authorized representative of the Town shall have reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a nuisance hereunder, the Town Administrator, building official, Police Chief or Police Officer may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed on any of them. If such building or premises are occupied, such person shall first present proper credentials and demand entry; and if such premises are unoccupied, he shall first make a reasonable effort to locate the owner or occupant or other person or persons having charge or control of the building or premises and, upon locating said owner, occupant or other person or persons, shall present proper credentials and demand entry. If entry is refused, such person shall give the owner or occupant, or if said owner or occupant cannot be located after a reasonable effort, he shall leave at the building or premises, a twenty-four hours' written notice of intention to inspect. The notice given to the owner or occupant or left on the premises as aforesaid shall state that the property owner has the right to refuse entry and that in the event that such entry is refused, inspection may be made only upon issuance of a search warrant by the municipal judge of the Town or a judge of any other court having jurisdiction.
B.After the expiration of said twenty-four hour period from the giving or leaving of notice, the Town Administrator, building official, Police Chief or Police Officer, or any of them, or their authorized representative, may appear before the municipal judge of the municipal court of the Town and, upon a showing of probable cause, shall obtain a search warrant entitling him to enter such building or go upon such premises. Upon presentation of such search warrant and proper credentials, or possession of the same in the case of an unoccupied building or premises, said person may enter into said building or go upon said premises using such reasonable force as may be necessary to gain entry.
C.For the purposes of subsection B of this section, if a determination of probable cause may be based upon reasonableness, then there is probable cause to issue a search warrant. The person applying for such warrant shall not be required to demonstrate specific knowledge of the condition of the particular structure or premises in issue in order to obtain a each warrant. It is unlawful for any owner or occupant of said building or premises to resist reasonable force used by any authorized agent acting pursuant to this section.
D.Whenever an emergency situation exists in relation to the enforcement of any of the provisions of this chapter, the Town Administrator, building official, Police Chief or Police Officer, or the authorized representative of any of them, upon a presentation of proper credentials or identification in the case of an occupied building or premises, or possession of said credentials in the case of an unoccupied building or premises, may enter into any building or go upon any premises within the jurisdiction of the Town. In said emergency situation, such person or his authorized representative may use such reasonable force as may be necessary to gain entry into said building or upon said premises.