§ 12-6002 — NUISANCES PROHIBITED AND ENUMERATION

Sec. 12-6002. - NUISANCES PROHIBITED AND ENUMERATION.

Any of the following enumerated and described conditions occurring in anopen place is hereby found, deemed and declared to constitute a detriment, danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the City and is found, deemed and declared to be public nuisances wherever the same may exist and the creation, maintenance, or failure to abate any nuisances is hereby declared unlawful. The natural conditions on greenway property and on other lands dedicated to and accepted by the City as natural stream corridors, floodplain or open space, which dedications were established in order to preserve natural greenways, vegetative stream buffers, or natural connecting networks along floodways, streams and creeks, are deemed and declared as exceptions for the purpose of enforcement of this section. Natural resource buffer yards along streams within the Neuse River Basin are exempted from this Chapter to the extent that the State rules or City Code provisions governing such buffers conflict with this section. (a) Any condition which creates or provides a breeding ground or harbor for rodents, harmful insects, or other pests. (b) A place of dense growth of weeds or grasses, other than ornamental grasses, over eight (8) inches in height, which: (1) Lies less than one hundred (100) feet from any abutting open street, or (2) Lies less than one hundred (100) feet from any adjoining property which contains a dwelling or commercial building; or (3) Lies within fifty (50) feet of any dwelling or commercial building; or (4) Is a focal point for any other nuisance enumerated in this Code. (c) A place of shrubs or other similar vegetation over eight (8) inches in height when any of such shrubs or vegetation is: (1) Encroaching upon the sidewalk, the parkway, or the curb or edge of the pavement of any abutting street, or (2) A focal point for any othernuisance enumerated in this code. (d) A place of vines, including but not limited to honeysuckle or vegetation when any of such vines or vegetation is: (1) Encroaching upon the sidewalk, the parkway, or the curb or edge of the pavement of any abutting street, or (2) Encroaching upon any adjoining property, or (3) A focal point for any other nuisance enumerated in this code. (e) A concentrated growth of kudzu, poison sumac (Rhus vernix), poison ivy (Rhus radicans), poison oak (Rhus toxicodendron), or other noxious vegetation, other than kudzu or noxious vegetation growing in a heavily wooded lot unless such growth from the heavily wooded lot is: (1) Encroaching upon any adjoining property with a dwelling or a commercial building, or (2) Encroaching upon the sidewalk, the parkway, or the curb or edge of the pavement of any abutting street, or (3) A focal point for any other nuisance enumerated in this code. (f) A collection or ponding of stagnant water with conditions causing, or likely to cause, mosquitoes or other harmful insects to breed. (g) Any concentration of combustible refuse. (h) Any concentration of building materials or building rubbish which are not suitable for building construction, alteration or repair, or any concentration of building materials which becomes a focal point for any other nuisance enumerated in this Code. (i) Any concentration of collection of garbage, animal waste, yard waste or any rotten or putrescible matter of any kind which is not maintained for collection in accordance with Solid Waste Collection Code; however, nothing in this subsection shall be construed to prevent the generally accepted use of a properly maintained compost pile sited in the side or rear yard area being used for fertilizer for lawns and gardens and for other agricultural or horticultural purposes and in accordance with Solid Waste Services yard waste guidelines, unless such concentration becomes a focal point for any other nuisance enumerated in this Code. (j) Household or office furniture, any household fixtures, white goods or other appliances, metal products of any kind and similar items not designed to withstand the elements or for outdoor use. This subsection shall not prevent: (1) The use of household furniture on a totally enclosed porch having a roof, walls, screens, or glass windows; or (2) The use of furniture in good condition which is designed for outdoor use such as patio or lawn furniture, on porches or landings or in yard areas or other open places. (k) Any junk or any concentration of litter. (l) Flooding caused by improper or inadequate drainage from private property which interferes with the use of, or endangers in any way the streets, sidewalks, parks or other City owned property of any kind provided that such determination shall be made by the Department of Public Works. (m) Any condition including, but not limited to stumps, brush, junk, litter or other materials within or along the banks of such stream or drainage, which blocks or obstructs the natural flow of a stream, creek, or defined ditches or drains to the extent that impounded water is outside the banks of such stream or drainage. (n) Any collection of stagnant water for which no adequate drainage is provided and which is, or is likely to become, a nuisance. (o) Any stormwater retention or impoundment device determined to be operating improperly by the Storm Water Management Division. (p) Any condition whereby any person owning or having the legal control of any land within the corporate limits of the City maintains or permits upon any such land any fence, sign, billboard, shrubbery, bush, tree, mailbox, or other object or combination of objects which obstructs the view of motorists using any street, private driveway, or approach to any street intersection adjacent to and abutting such land so as to constitute a traffic hazard as a condition dangerous to public safety upon any such street, private driveway, or at any such street intersection. (q) Nuisance vehicle violation as defined by Part 12, Chapter 7 of this Code; provided, the process for abating the nuisance vehicle shall be as provided for in Part 12, Chapter 7 of this Code. (r) A concentration of firewood or logs when: (1) Such firewood or logs are not free from rot and decay, or (2) Such concentration of logs is a focal point for any other nuisance in this Code. (s) Any tree or tree limb or any concentration of branches which have fallen due to an act of nature or have been cut, except in a heavily wooded lot or a maintained natural protective yard unless such tree or tree limb or concentration of branches becomes a focal point for any other nuisance in this Code. (t) Any unhealthy plant or tree which has not been removed or altered within fifteen (15) days of the notice of such determination from the Parks Department. (u) Any other condition specifically declared to be a danger to the public health, safety, morals, and general welfare of inhabitants of the City and public nuisance by the Council, which proceeding may be initiated by the Department of Inspections before the Council after giving written notice in conformity with §12-6003(a) hereof, which notice will state the condition existing, the location, and that the Council will be requested on a day certain, after a public hearing at which the person notified may appear and be heard, to declare that the conditions existing constitute a danger to the public health, safety, morals, and general welfare of the inhabitants of the City and a public nuisance, and that after such declaration by the Council in the form of an ordinance the condition will be abated as provided for in §12-6003(b) hereof; provided no appeal shall lie from a proceeding initiated by the Department of Inspections before the Council of the City as provided in this subsection.

(Ord. No. 1995-785, §1, 11-21-95; Ord. No. 1998-454, §19, 11-4-98; Ord. No. 2004-629, §1, 5-4-04; Ord. No. 2006-27, §1, 5-16-06)