8.15.030 Nuisance – Definition.
This section defines “nuisance” by providing five general definitions of what constitutes a nuisance (subsection (A) of this section), and then providing specific examples of situations, conduct or activities that constitute nuisances (subsection (B) of this section). The purpose of the general definitions is to allow the city to classify an offending situation, conduct or activity as a nuisance, even though the situation, conduct or activity may not be listed as a nuisance in the specific examples. The first three general definitions are taken directly from Utah State law. The purpose of listing the specific examples is to identify some of the specific situations, conduct, and activities that the city intends to abate as nuisances. All encompassing is Chapter 17.70.110 WPCC, Right to Agricultural Activities. Chapter 17.70.110 WPCC will be an exception to the definitions of this chapter.
A. General Definitions of Nuisance. Any activity that meets any one or more of the five definitions set forth below shall constitute a nuisance if it occurs within the city of West Point:
1. “Nuisance,” as defined in Section 78-38-1(1), Utah Code Annotated 1953, means anything which is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
2. “Nuisance,” as defined in Section 76-1-801, Utah Code Annotated 1953, means any item, thing, manner, or condition whatsoever that is dangerous to human life or health or renders soil, air, water, or food impure or unwholesome.
3. “Nuisance,” as defined in Section 76-10-803, Utah Code Annotated 1953, means unlawfully doing any act or omitting to perform any duty, which act or omission:
a. Annoys, injures, or endangers the comfort, repose, health, or safety of three or more persons;
b. Offends public decency;
c. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, stream, canal, or basin, or any public park, square, street, or highway; or
d. In any way renders three or more persons insecure in life or the use of property.
An act which affects three or more persons in any of the ways specified in this subsection is still a nuisance regardless of the extent to which the annoyance or damage inflicted on individuals is unequal.
4. “Nuisance” means a condition which:
a. Wrongfully annoys, injures, or endangers the comfort, repose, health or safety of others; or
b. Unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any public park, square, street or highway, or any other public place; or
c. In any way renders other persons insecure in life, or in the use of property, and which affects the rights of an entire community or neighborhood, although the extent of the damage may be unequal.
5. Anything specifically listed as a nuisance in subsection (B) of this section.
B. Nuisances Enumerated. Every situation, conduct or activity listed below constitutes a nuisance and may be abated pursuant to this chapter. The listed examples are not exhaustive; a situation, conduct or activity not listed below, but coming within one of the general definitions of nuisance listed above, shall also constitute a nuisance. The first six listed nuisances are also listed as nuisances pursuant to Section 78-38-9, Utah Code Annotated 1953:
1. Drug Houses. Every building or premises where the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition of any controlled substance, procurer, or analog specified in Title 57, Chapter 37, Utah Code Annotated 1953 (Utah Controlled Substances Act), occurs.
2. Gambling. Every building or premises where gambling is permitted to be played, conducted, or dealt upon as prohibited in Title 76, Chapter 10, Part 11, Utah Code Annotated 1953 (Gambling), which creates the conditions of a nuisance as defined in subsection (A)(1) of this section.
3. Gangs. Every building or premises wherein criminal activity is committed in concert with two or more persons as provided in Section 76-3-203.1, Utah Code Annotated 1953.
4. Party House. Every building or premises where parties occur frequently which create the condition of a nuisance as defined in subsection (A)(1) of this section.
5. Prostitution. Every building or premises where prostitution or the promotion of prostitution is regularly carried on by one or more persons as provided in Title 76, Chapter 10, Part 13, Utah Code Annotated 1953 (Prostitution).
6. Weapons. Every building or premises where a violation of Title 76, Chapter 10, Part 5, Utah Code Annotated 1953 (Weapons), occurs on the premises.
7. Unsafe Condition. A condition that unreasonably or unlawfully affects the health or safety of one or more persons.
8. Fire Hazard. A fire hazard.
9. Noxious Emanations. Emanations of noxious or unreasonable odors, fumes, gas, smoke, soot or cinders.
10. Noxious Weeds. Noxious weeds located on vacant lots or other property, along public sidewalks or the outer edge of any public street, or weeds in any other location which constitute a fire hazard.
11. Refuse. Keeping or storing of any refuse or waste matter which interferes with the reasonable enjoyment of nearby property.
12. Stagnant Water. Polluted or stagnant water which constitutes an unhealthy or unsafe condition.
13. Improper Accumulations. Accumulation or soil, litter, debris, plant trimmings, or trash, visible from the street or an adjoining property.
14. Accumulation of Junk. Accumulation of used or damaged lumber; junk; salvage materials; abandoned, discarded or unused furniture; stoves, sinks, toilets, cabinets, or other fixtures or equipment stored so as to be visible from a public street, alley, or adjoining property. However, nothing herein shall preclude the placement of stacked firewood for personal noncommercial use on the premises.
15. Attractive Nuisances. Any attractive nuisance dangerous to children and other persons including, but not limited to, abandoned, broken, or neglected household appliances, equipment and machinery, abandoned foundations or excavations, or improperly maintained or secured pools.
16. Vegetation. Dead, decayed, diseased, or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous condition, is an obstruction to pedestrian or vehicular traffic, or which is likely to harbor rats, vermin or other pests.
17. Dust. Any premises which causes excessive dust due to lack of landscaping, nonmaintenance or other cause.
18. Improper Storage. The keeping, storing, depositing or accumulation on the premises or in the public right-of-way for an unreasonable period of time of dirt, sand, gravel, concrete, or other similar materials, or maintenance of such material on public right-of-way. Material stored as part of an active construction project shall not be considered a nuisance.
19. Garbage Can. The leaving of any garbage can or refuse container in the street, other than on collection day, for more than 72 hours after the collection day.
20. Construction Equipment. Construction equipment or machinery of any type or description parked or stored on property when it is readily visible from a public street, alley or adjoining property, except while excavation, construction or demolition operations covered by an active building permit are in process on the subject property or an adjoining property, or where the property is zoned for the storage of construction equipment and/or machinery.
21. Improper Sign. Improper maintenance of a sign, or signs which advertise a business that is no longer existing on the property.
22. Improper Parking or Storage.
a. “Inoperable vehicles” shall be defined in this section as:
i. Unregistered vehicle for operation on public roads by the state of Utah or any other state that has expired for over a period of four months; or
ii. Wrecked, damaged, or otherwise lacking in essential parts or equipment for safe and lawful travel on public roads.
b. It shall be unlawful for a person to cause or permit any inoperable vehicles, boats, trailers or vehicle parts, including recreational vehicles, on a premises or in the public right-of-way unless in connection with a licensed and lawfully situated business, or as otherwise excepted or permitted by the provisions of this or other chapters.
c. Inoperable vehicles or vehicle parts may be kept within an enclosed structure, such as a garage or barn; provided, that such building does not impose a threat to safety or nuisance, and complies with all city and state ordinances, building codes, and zoning codes at the time of the building’s original construction. Carports are not considered “enclosed” for the purpose of this section.
d. Despite any other provision, it shall be permissible for any person to keep one inoperable vehicle on his or her property, so long as:
i. The vehicle is kept behind at least a six-foot opaque fence or structure which has the effect of blocking the view of the vehicle from public or private property;
ii. The vehicle’s placement does not constitute a health or environmental hazard.
23. Hazardous Conditions. Any wall, sign, fence, gate, hedge, or structure maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property.
24. Graffiti. Graffiti which remains on the exterior of any building, fence, sign, or other structures and is visible from a public street.
25. Improper Maintenance. Maintenance of buildings and/or structures in such condition as to be deemed defective or in a condition of deterioration or disrepair including, but not limited to:
a. Any building or structure which is unfit for human habitation, or which is an unreasonable hazard to the health of people residing in the vicinity thereof, or which presents an unreasonable fire hazard in the vicinity where it is located;
b. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of city ordinances, or any use of land, building or premises in violation of city ordinances;
c. Buildings which are abandoned, partially destroyed, or left in an unreasonable state of partial construction for a period of six months or longer. An “unreasonable state of partial construction” is defined as any unfinished building or structure where the appearance or condition of the building or structure does not meet the requirements for finished buildings or structures as required by applicable city ordinances or building codes. The building or structure shall not be considered to be a nuisance if it is under construction;
d. Buildings having dry rot, warping, termite infestation, decay, excessive cracking, peeling, or chalking, as to render the building unsightly and/or in a state of disrepair;
e. Buildings with missing doors and/or windows containing broken glass and/or no glass at all where the window is of a type which normally contains glass;
f. Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, signs, ornamentation, or alleys maintained in such condition as to render them unsightly and/or in a state of disrepair; and
g. Buildings or conditions that violate any building, electrical, plumbing, fire, housing, or other codes adopted by the city.
26. City Code Nuisances. Any violation of a West Point City Code section that expressly declares a specific situation, conduct or activity to be a nuisance.
27. Alcohol. Every property or premises not licensed under applicable state law or city ordinances where any intoxicating liquors or alcohol are kept for unlawful use, sale or distribution.
28. Inappropriate Conduct. Every property or premises where there exists an environment which causes, encourages or allows individuals or groups of individuals to commit one or more of the following acts on the property, premises or adjacent public place, including, but not limited to:
a. Illegally consuming intoxicating liquor or alcohol;
b. Publicly urinating or defecating;
c. By physical action, intentionally causing or attempting to cause another person to reasonably fear imminent bodily injury or the commission of a criminal act upon their person or upon property in their immediate possession;
d. Engaging in acts of violence, including fighting amongst themselves;
e. Discharging a firearm or explosive in violation of city ordinance or state law;
f. Creating unreasonable noise which disturbs others;
g. Intentionally obstructing pedestrian, equestrian or vehicular traffic; or
h. Soliciting acts of prostitution.
29. Dangerous Conditions. Any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, poles, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk, subspace, dock, or loading dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, will or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to one or more individuals in the city, in any one or more of the following particulars:
a. By reason of being a menace, threat and/or hazard to the general health and safety of the community;
b. By reason of being a fire hazard;
c. By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property;
d. By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
30. Illegal Accessory Apartments. Any violation of WPCC 17.70.060(A), Accessory Apartments (PC) Process.
31. Family. Keeping or allowing people at a premises in violation of the city’s single-family residence requirements.
32. Parking on Landscaping. Parking in an area required to be landscaped by city ordinance.
33. Banner Signs. Keeping or allowing banner signs in violation of city ordinance.
34. Required Landscaping. Failure to install or maintain landscaping required by city ordinance.
35. Trees Overhanging the Sidewalk or Street. Trees and bushes must be cut and maintained seven feet above the sidewalk and 13 feet, six inches above the street. [Ord. 12-05-2017A § 1; Ord. 12-06-2016A § 1. Code 2000 § 20-1-3].