§ 9.36.080 — Odors

9.36.080 - Odors.

A. Declared Nuisance. 1. The discharge of one or more air contaminants from any source whatsoever in such concentration and of such duration as are or may tend to be injurious to or to adversely affect human health or welfare, animal life, vegetation or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property is declared to be a nuisance. The following shall be considered nuisances for the purpose of this chapter, but such enumeration shall not be deemed to be exclusive: a. An offensive smell, smoke or odor generated by the burning of any hair, leather, rags or substances. b. A foul or offensive odor generated by the accumulation of animal feces and putrid materials. 2. The police department, any employee of the department or the city's department of animal services, an employee in the code enforcement division, or a commissioned peace officer is authorized to abate such nuisances under the term and conditions hereinafter provided. B. Abatement. In addition to the penalties set forth in Section 9.36.090(D) of this chapter, upon complaint or upon its own initiative, the police department, any employee of the department or the city's department of animal services, an employee in the code enforcement division, or a commissioned peace officer may remove, abate or destroy the nuisance at the expense of the city. Alternatively, the director may request that the city attorney file suit to obtain such orders or processes as are necessary to abate the nuisance. C. Enforcement of this Section. In addition to abatement, the police department, employees of the department or the city's department of animal services, employees in the code enforcement division and commissioned peace officers are authorized to enforce the provisions of this section and shall have the power to issue warnings and citations to any persons violating the provisions of this section. These city officials designated above are authorized to conduct inspections of any property upon complaint or its own initiative, and to investigate instances of non-compliance with this section to enforce these provisions. If the occupants in possession of any property refuses to allow the city officials permission to enter the property, at any reasonable time, those officials shall have recourse to every remedy provided by law to secure entry including obtaining the proper judicial warrants.

(Ord. No. 19043, § 9, 3-17-2020)