HomeMy WebLinkAbout05-11-23 Public Comment - J. Polasik - Code enforcement - Public NuisancesA.
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From:Joe Polasik
To:AgendaSubject:Code enforcement - Public Nuisances
Date:Thursday, May 11, 2023 9:32:17 AM
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I am sure you all have access to and understand the City and State laws that are in place for Public nuisances. I have added
them here and highlighted the sections of the code that are relevant to West Hemlock street. Please explain to me why
these laws are not being enforced? I am not asking for people to be kicked off the street, just asking that current laws be
enforced and abatement occur as outlined in the code. Please respond with an explanation.
Chapter 16 - ENVIRONMENT AND HEALTH
ARTICLE 2. - NUISANCES
Sec. 16.02.050. - Public nuisances.
The following are declared to be public nuisances:
Any building or structure which meets the definition of an unsafe building or structure as provided in section 116 of the International Building Code, orany successor provision, adopted pursuant to section 10.02.010.
Any violation of chapter 38 relating to the city's subdivision and zoning laws and regulations.
Any imminent life safety hazard which creates a present and immediate danger to life, property, health or public safety.
An artificial obstruction within a regulatory floodway that does not have a floodplain permit required by division 38.600.
The following may be declared to be public nuisances:
Any condition which constitutes an attractive nuisance whether within a structure or on the premises.
Any building or place which has been operated or maintained in a manner that has resulted in repeated disruptive activities including, but not limitedto, disturbances of the peace, public drunkenness, drinking in public, harassment of passersby, sale of stolen goods, public urination, theft, assaults,batteries, acts of vandalism, excessive littering, illegal parking, loud noises (particularly in late night or early morning hours), traffic violations, or policedetentions and arrests.
Any condition which renders air, food or drink unwholesome, unsanitary or detrimental to health.
Any condition which poses a fire hazard.
Any condition in violation of chapter 8 (Animals).
The ownership, maintenance or operation of a dog or animal kennel without proper provisions for the protection of the surrounding properties fromodor and sound generated by the kennel.
The keeping, storage, depositing or accumulation on the premises for an unreasonable period of time of any personal property or wastes, including,but not limited to, abandoned, wrecked, dismantled or inoperative vehicles, abandoned, wrecked, or dismantled boats or vessels, automotive partsand equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish, debris, dirt, sand, gravel,concrete or other similar materials which is within the view of persons on adjacent or nearby real property or the public right-of-way and which isdetrimental to the public health, safety and general welfare. However, building materials being used or to be used for a project of repair or renovationfor which a building permit has been obtained may be stored for such period of time as is necessary to expeditiously complete the project.
Any public nuisance as defined in MCA 45-8-111 or otherwise recognized in law as constituting a public nuisance.
An artificial obstruction within the flood fringe that does not have a floodplain permit required by division 38.600.
(Code 1982, § 8.28.050; Ord. No. 1452, § 2, 1998; Ord. No. 2057 , § 5, 3-9-2021)
Sec. 16.02.060. - Enforcement.
The department of community development shall have primary responsibility for the abatement of a public nuisance under this article.
(Code 1982, § 8.28.060; Ord. No. 1452, § 2, 1998)
Montana Code Annotated 2021
TITLE 45. CRIMESCHAPTER 8. OFFENSES AGAINST PUBLIC ORDERPart 1. Conduct Disruptive of Public Order
Public Nuisance
45-8-111. Public nuisance. (1) "Public nuisance" means:
(a) a condition that endangers safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable
enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons;
(b) any premises where persons gather for the purpose of engaging in unlawful conduct; or
(c) a condition that renders dangerous for passage any public highway or right-of-way or waters used by the public.
(2) A person commits the offense of maintaining a public nuisance if the person knowingly creates, conducts, or maintains a public nuisance.
(3) Any act that affects an entire community or neighborhood or any considerable number of persons, as specified in subsection (1)(a), is no less a nuisancebecause the extent of the annoyance or damage inflicted upon individuals is unequal.
(4) An agricultural or farming operation, a place, an establishment, or a facility or any of its appurtenances or the operation of those things is not or does notbecome a public nuisance because of its normal operation as a result of changed residential or commercial conditions in or around its locality if the agriculturalor farming operation, place, establishment, or facility has been in operation longer than the complaining resident has been in possession or the commercial
establishment has been in operation.
(5) Noises resulting from the shooting activities at a shooting range during established hours of operation are not considered a public nuisance.
(6) A person convicted of maintaining a public nuisance shall be fined an amount not to exceed $500. Each day of the conduct constitutes a separateoffense.
Joe PolasikPrincipal
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