§ 28-2. Nuisance declared.  


Latest version.
  • (a)

    It shall be unlawful and constitute a nuisance for the owner, or any person in actual or constructive possession or control of or in charge of any real property located within the limits of the town, to maintain such real property in such a manner as to violate the provisions of any section of this chapter.

    (b)

    It shall be unlawful and constitute a nuisance for the owner, or any person in actual or constructive possession or control of or in charge of any real property located within the limits of the town, to maintain such real property in such a manner as to allow any activity, use or condition of any of the following characters or natures to exist or occur on such property, to-wit:

    (1)

    Anything that unlawfully causes hurt, inconvenience or damage to the public;

    (2)

    Anything of that class of wrongs which arise from the unreasonable, unwarranted or unlawful use by a person of such person's own property, either real or personal or from such person's own improper, indecent, unsightly or unlawful personal conduct, working an obstruction of or injury to the right of any other or of the public and producing material annoyance, inconvenience, discomfort or hurt to another person or to the general public;

    (3)

    Anything which is injurious to health or is indecent or 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 of another;

    (4)

    All buildings, structures or conditions which:

    a.

    Are unsafe, insanitary or unfit for human habitation;

    b.

    Are not provided with adequate egress;

    c.

    Constitute a fire hazard;

    d.

    Are otherwise dangerous to human life; or

    e.

    In relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, abandonment or accumulation of rubbish or debris;

    (5)

    Anything, which though otherwise not unlawful, is unlawful by virtue of its presence in an area zoned so as to prohibit it or which otherwise interferes with the comfortable enjoyment of life or property of the general public in or about the area where the same is present; or

    (6)

    Anything which by this chapter or any ordinance of the town, whether presently or hereafter enacted, is declared illegal or unlawful as contrary to the general health, welfare, safety, sanitation or beauty of the town, which requires the maintenance of property in a particular condition with respect to vegetation, rubbish, vermin, insects, mosquitoes, animals or livestock, junk, safety or health hazards or other like and similar matters, or which is specifically declared to be a nuisance regardless of its nature by such other ordinance.

(Ord. No. 2001-08, § 3, 7-10-2001)