Title 18

ENVIRONMENT

Chapters:

18.04 Watercourses

18.08 Community Decay

Chapter 18.04

WATERCOURSES

Sections:

18.04.010 Alteration--Permit required--penalty for violation.

18.04.010 Alteration--Permit required--Penalty for violation.

A. No person, firm or corporation may alter, straighten or widen any of the watercourses or streams within the town without a permit. The council reserves the right to alter, straighten or widen any of the watercourses or streams and to issue permits therefor.

B. Any person, firm or corporation violating the provisions of this section shall be subject to the general penalty. (Prior code Sections 4-8-01, 4-8-02

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Chapter 18.08

COMMUNITY DECAY

Sections:

18.08.010 Definitions

18.08.020 Purpose

18.08.030 Prohibition

18.08.040 Penalty

18.08.050 Abatement

18.08.060 Shielding

18.08.070 Jurisdiction

18.08.010 Definitions. In this Ordinance the following terms have the meaning indicated below:

A. "Community Decay" means a public nuisance created by allowing rubble, debris, junk or refuse to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses, or obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property; provided, however, that "community decay" may not be construed or defined to apply to normal farming, ranching, or other agricultural facility, and any appurtenances thereof, during the course of its normal operations.

B. "In public view" means any area visible from a point up to six feet above the surface of the center of any public roadway, publicly accessible roadway or private road in platted subdivisions and mobile home parks.

C. "Person" means an individual, firm, partnership, company, association, corporation, city, town, county, or any other entity whether organized for profit or not.

D. "Public nuisance" means a nuisance which affects, at the same time, an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

E. "Shielding" refers to fencing or other man-made barriers to conceal a facility from public view. It may also refer to natural barriers.

18.08.020 Purpose. The purpose of this Ordinance is to regulate, control, and prohibit conditions that contribute to community decay on or adjacent to all public streets within the Town of Hot Springs.

18.08.30 Prohibition. No person shall maintain a public nuisance by allowing rubble, debris, junk or refuse to accumulate on property owned by him, or under his control, resulting in conditions that are injurious to health, indecent, offensive to the senses or obstructive of the free use of property so as to interfere with the comfortable enjoyment of life.

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18.08.040 Penalty. A person convicted of the offense of maintaining a public nuisance under this Ordinance is guilty of a misdemeanor punishable by a fine not to exceed $500.00 or imprisonment not to exceed six months, or by both fine and imprisonment.

18.08.050 Abatement. The abatement of conditions which constitute a public nuisance prohibited by this Ordinance shall be accomplished under the provisions of the section.

A. The Town of Hot Springs Police Chief or his designee shall be responsible for initiating abatement proceedings.

B. When the Police Chief receives a complaint that a condition of community decay exists, he, or his agent, shall inspect the property alleged to be in violation of this Ordinance to determine whether there is a violation of this Ordinance.

C. If he determines that there is a violation of this Ordinance, the Police Chief shall notify the owner of the property in writing of the violation by certified mail and order its abatement within thirty (30) days. The notice of violation shall:

i. Include a statement specifically describing the violation;

ii. Specify that the owner has thirty (30) days from receipt of such notice to bring the property into compliance with this Ordinance by means of removal or shielding of the conditions; and

iii. Advise the owner that if the violations not abated, the Town may undertake abatement and assess the costs of that abatement to the owner.

D. The owner may, after receipt of the notice of violation, submit a plan of abatement to the Police Chief which shall include:

i. The type of abatement or shielding to be undertaken;

ii. The date for commencement of action; and

iii. The date for completion of the abatement.

The Police Chief may accept such plan and defer further proceedings under this Ordinance pending the date of completion of the abatement.

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E. In the alternative, the Owner may, within fourteen (14) days of the date of issuance of the order, appeal the abatement order to the Town Council. Upon receipt of a timely notice of appeal, the Council shall schedule a hearing within twenty (20) days, but may postpone that hearing at the request of either party. Following the hearing, the Council may either:

i. Determine that a violation exists and order abatement within thirty (30) days; or

ii. Determine that no violation exists and dismiss the proceedings.

F. In the event that the owner fails to comply with an abatement order, or an abatement plan approved by the Police Chief under this ordinance, the Police Chief and/or his agents may enter upon the owner's property with the specific purpose of abating or shielding the violation, whichever the Police Chief deems appropriate;

i. The Town may assess the property owner/user for the actual costs of the abatement by the Police Chief; and

ii. If not paid, it shall become a lien upon the property and collected as is non-payment of property taxes.

18.08.060 Shielding. The maintenance of materials that would be considered a public nuisance under this Ordinance shall be lawful if such materials are shielded from public view in accordance with the following standards:

A. Any shielding must conform to all local zoning, planning, building and protective covenant provisions and shall be of sufficient height that none of the violation on the premises is visible to public view.

B. When fences are used for shielding, the boards may be spaced and/or slanted to reduce wind load, the space between boards when viewed from a broadside view shall not be more than one and one-half (l l/2) inches and the interval between spaces shall not be less than seven and one-half (7 l/2) inches. Rough dimensional lumber or better acceptable, Chain link fencing with standard fiberglass or other inserts are acceptable, provided the gap between adjacent slats does not exceed one and one-half (l l/2) inches. The fencing is to be maintained by the property owner or occupant in a neat and workmanlike manner and shall be replaced when necessary.

C. Shielding with shrubs and trees shall provide a degree of shielding similar to that produced by fencing at all times of the year. Dirt berms are acceptble for shielding purposes, provided that berm slopes are graded smooth and seeded with an adequate grass seed formula.

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D. Other types of fencing of equivalent permanence, attractiveness, and shielding qualities, including corrugated metal, are also acceptable.

18.08.070 Jurisdiction. This Ordinance applies to all of the Town of Hot Springs within the exterior boundaries.

(Prior Code 93-01, 9-4-92)

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