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This Chapter shall be construed in such manner as to promote maximum fulfillment of its general purposes, namely, to define offenses, describing adequately the act which constitutes each offense relating to public health, to give fair warning to all persons concerning the nature of the conduct prohibited, and to forbid the commission of offenses.
For the purposes of this Chapter the following terms, phrases, and their derivations shall have the meaning given herein:
It shall be unlawful for the owner of any real property within the Town, or any agent in charge of such property, to allow or permit weeds to grow or remain when grown upon such property between the traveled roadway to the rear property line or a depth of one hundred fifty (150) feet whichever is lesser, along any alleys, or in front of such property between said property and the traveled roadway. Undeveloped lots or parcels of land may be exempted from the operation of this Section at the sole discretion of the Town manager based upon such factors as location in an undeveloped area and/or proximity to residences, commercial buildings, or other improvements.
It shall be unlawful for any person owning, occupying, or in control of property, or any other person, to deposit any articles or materials classified as junk or litter according to the definition set forth in section 8.08.020 on any vacant land or parcel, or adjacent to or in close proximity to any school house, church, public park, residence, or a residence’s private dumpster, business or a business’s private dumpster, or in a zoning district prohibiting outdoor storage or processing of junk unless such junk is screened from public view by an approved solid fence not less than six (6) feet in height, or, if the topography requires such an enclosure, in a building with four (4) solid walls and a roof. No household or commercial refuse shall be placed in any street container or other container maintained by the town, county, or any special district.
It shall be unlawful for any person owning, occupying, or in control of property, or any other person, to deposit any junk vehicles as defined in section 8.08.020, or parts thereof, on public or private property, unless screened from public view by an approved solid fence not less than six (6) feet in height or, if the topography requires such an enclosure, in a building, with four (4) walls and a roof; or unless such vehicle is stored in a lawful storage, junk or auto wrecking yard in a zone permitting such storage, junk or auto wrecking yard. Nothing in section 8.08.045 shall be deemed or construed to prevent the city from acquiring operating and maintaining a facility for the storage of motor vehicles, vehicles, boats, machinery, or equipment.
It shall be unlawful for any person owning, occupying, or in control of property, or any other person, to permit to be deposited or to deposit any refuse into a waterway for any purpose whatsoever, except that the Town manager may authorize in writing such deposit provided it will not in any way obstruct, befoul, or make unsightly said waterway.
It shall be unlawful for any person to deposit refuse from any vehicle except into containers or places clearly provided and designated for the purpose. The operator of such motor vehicle is presumed to have caused or permitted the refuse to be so deposited there from.
It shall be unlawful for any person to fail to dispose in a sanitary manner of refuse, particularly garbage and rubbish, which accumulates or may accumulate upon the property owned or occupied by him. No person shall deposit, store, or keep such refuse where cats, dogs, or other animals may have access thereto, and no such refuse shall be kept or handled in any manner likely to cause a nuisance or injury to any other person or the public.
All vehicles of any description conveying refuse within the Town shall be properly covered and secured so as to prevent any such refuse from being blown from or falling from such vehicle. The portion of any vehicle used for collection of refuse shall be solidly constructed so as to prevent the escape of liquids and access by insects or vermin.
Other offences within the Town relating to the public health shall include any pollution or contamination of any surface waters, of the air, or any water, substance, or material intended for human consumption; any cellar, vault, sewer, drain, place, or property which is damp, unwholesome, nauseous, offensive, or filthy, or which is covered for any portion of the year with stagnant or impure water or which is in such condition so as to produce unwholesome or offensive odors, or which is injurious to the public health; permitting the accumulation of manure in any stable, stall, corral, yard, or any place or building in which animals are kept; keeping or collecting any stale or putrid grease or other offensive matter; having or permitting upon any property any fly or mosquito producing condition; neglecting or refusing to discontinue use of, clean out, disinfect, or fill up all privy vaults, septic tanks, or other wastewater disposal systems; and not constructing or maintaining wastewater facilities in accordance with the provisions of this Code and any regulations enacted thereby.
In addition to prosecution in the municipal court of offenses described in this Chapter, said offenses are declared by the Town to be public nuisances, and the Town manager may take action to abate or cause to be abated any such public nuisances in accordance with the provisions of Chapter 4.08 Public Nuisances Relating to Health of Title 4 Public Nuisances.
Section 1 - Authority:
Section 2 - Procedures for Issuance of an Administrative Citation
Section 3 - Contents of Administrative Citation
Section 4 - Appeal of Administrative Citation
Section 5 - Procedures and Standards at Administrative Citation Appeal Hearings
Section 6 - Duties and powers of the Administrative Hearing Officer on Appeals
Section 7 - False information or refusal prohibited It shall be unlawful for any person to willfully make a false statement or refuse to give his or her name or address with intent to deceive or interfere with the enforcement official when in the performance of official duties under the provisions of this ordinance. Any person who willfully makes a false statement or refuses to give his or her name or address with intent to deceive or interfere with the enforcement official shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or by confinement in jail or by both such fine and imprisonment. Section 8 - Failure to Obey Subpoena It is unlawful for any person to refuse to obey a subpoena issued by the administrative hearing officer. Any person who fails to obey a subpoena shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or by confinement in jail or by both such fine and imprisonment. Section 9 - Failure to Attend Administrative Citation Appeal Hearing Any responsible party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided. Section 10 - Failure to comply with administrative enforcement order It is unlawful for a responsible party to an administrative enforcement hearing who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Any person who fails to comply with a final administrative enforcement order shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine or by confinement in jail or by both such fine and imprisonment Section 11 - Penalties assessed
I If the weeds or litter are not removed within the stated time, the Town may remove the same and assess the whole cost thereof upon the property and the assessment shall be a lienuntil paid. If any assessment is not paid within thirty (30) days after it is made, the same shall be certified by the town clerk to the county treasurer for Rio Blanco County and placed upon the tax list for the current year, and thereby collected in the same manner as other taxes are collected, with a ten (10%) percent penalty thereon to defray the costs of collection. In addition to any other penalty or procedure for collection, any costs incurred by the Town to remove weeds or litter herein shall be billed by the town to the owner or agent In charge of the property, and such charges shall be billed and collected in the same manner as andtogether with charges for utilities provided by the town to such owner or agent. In the event that such charges become delinquent, a late charge of two (2%) shall be added to the principal amount due of such delinquent charges for each full month that such charges remain unpaid. Any owner or agent who fails to pay such charges shall receive a notice by mail demanding payment within ten (10) calendar days. Should such payment not be made or somecontractual payment schedule agreeable to the town manager not be made, utility services to that owner or agent may be discontinued.
Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever an administrative officer has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a nuisance hereunder, such inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed on him or her; provided, however, that if such building or premises is occupied, such inspector shall first present proper credentials and request entry. If entry is refused, the authorized inspector shall give the owner or occupant, or if the owner or occupant cannot be located after a reasonable effort, he or she shall leave at the building or premises a written notice of intention to inspect not sooner than twenty-four (24) hours after the time specified in the notice. After complying with all notice requirements, and prior to entry into an occupied premise, the inspector shall first obtain an order from the court finding sufficient probable cause of a violation of the nuisance law and issuing an inspection warrant authorizing entry into the occupied premises. The requirements of this section shall not apply to public places, including privately owned vacant land, as defined in section 8.08.020 which may be inspected by an administrative officer at any time without notices.