8.20.030 Nuisance – Definition.
This section defines “nuisance” by providing five (5) general definitions of what constitutes a nuisance (number 1 below), and then providing specific examples of situations, conduct or activities that constitute nuisances (number 2 below). The purpose of the general definitions is to allow the city to classify an offending situation, conduct or activity as a nuisance, even though the situation, conduct or activity may not be listed as a nuisance in the specific examples. The first three (3) general definitions are taken directly from Utah State law. The purpose of listing the specific examples is to identify some of the specific situations, conduct and activities that the city intends to identify and abate as nuisances.
1. General Definitions of Nuisance. Any activity that meets any one (1) or more of the definitions set forth below shall constitute a nuisance if it occurs within the city of Lindon:
a. “Nuisance” as defined in U.C.A. Section 78B-6-1101:
“(A)nything which is injurious to health, indecent, 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”;
b. “Nuisance” as defined in U.C.A. Section 76-10-801: “(A)ny item, thing, manner or condition whatsoever that it is dangerous to human life or health or renders soil, air, water or food impure or unwholesome”;
c. “Nuisance” as defined in U.C.A. Section 76-10-803(1):
(U)nlawfully doing any act or omitting to perform any duty, which act or omission:
i. annoys, injures or endangers the comfort, repose, health or safety of three or more persons;
ii. offends the public decency;
iii. unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal or basin, or any public park, square, street or highway; or
iv. in any way renders three or more persons insecure in life or the use of property;
d. “Nuisance” as defined in U.C.A. Section 76-10-803(2): “An act which affects three or more persons in any of the ways specified in this section is still a nuisance regardless of the extent to which the annoyance or damage inflicted on individuals is unequal”;
e. “Nuisance” also means a condition which:
i. Wrongfully annoys, injures or endangers the comfort, repose, health or safety of others;
ii. Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any public park, square, street or highway or any other public place; or
iii. In any way renders other persons insecure in life, or in the use of property, and which affects the rights of an entire community or neighborhood, although the extent of the damage may be unequal;
f. Specific Nuisances Listed in Number 2 Below. Anything specifically listed as a nuisance in number 2 below.
2. Nuisances Enumerated. Every situation, conduct or activity listed below constitutes a nuisance and may be abated pursuant to this chapter. The listed examples are not exhaustive; a situation, conduct or activity not listed below, but coming within one (1) of the general definitions of nuisances listed above, shall also constitute a nuisance.
a. Offenses Identified as Eligible for Abatement by Eviction. The following nuisances are identified by U.C.A. Section 78B-6-1107 and are subject to abatement by eviction if found to be occurring within Lindon City. Evictions shall be enforced pursuant to Section 8.20.090(5):
i. “Drug house” means every building or property where the unlawful sale, manufacture, service, storage, distribution, dispensing or acquisition of any controlled substance, precursor or analog specified in Title 57, Chapter 37 of the Utah Code (Utah Controlled Substances Act) occurs;
ii. “Gambling” means every building or property where gambling is permitted to be played, conducted or dealt upon as prohibited in Title 76, Chapter 10, Part 11 of the Utah Code (Gambling) which creates the conditions of a nuisance as defined in Subection (1)(c) of this section;
iii. “Gangs” means every building or property wherein criminal activity is committed in concert with two (2) or more persons as provided in Section 76-3-203.1 of the Utah Code;
iv. “Party house” means every building or property where parties occur frequently which create the conditions of a nuisance as defined in Subection (1)(a) of this section;
v. “Prostitution” means every building or property where prostitution or the promotion of prostitution, as defined in Title 76, Chapter 10, Part 13 (Prostitution) of the Utah Code, is repeatedly carried on by one (1) or more persons;
vi. “Weapons” means every building or property where a violation of Title 76, Chapter 10, Part 5 (Weapons) of the Utah Code occurs on the property;
b. “Accessory apartment” means any violation of the city’s accessory apartment ordinance (Section 17.46.100);
c. “Accumulation of junk” means an accumulation of the following items, which are kept or stored in a manner so as to be visible from a public place, street, alley or adjoining property:
i. Used or damaged lumber or scrap wood;
ii. Junk in any state of disrepair or deterioration;
iii. Salvage materials;
iv. Abandoned, discarded or unused furniture, stoves, sinks, toilets, cabinets or other fixtures or equipment.
v. However, nothing herein shall preclude the placement of stacked firewood for personal noncommercial use on a property;
d. “Alcohol” means every property not licensed under applicable state law or city ordinances where any intoxicating liquors or alcohol are kept for unlawful use, sale or distribution;
e. “Animals” means nuisance violations with respect to the keeping and maintenance of animals, including odor, shall be regulated by the Lindon City animal control ordinance;
f. “Attractive nuisances” means any attractive nuisance dangerous to children and other persons including, but not limited to, abandoned, broken or neglected household appliances, equipment and machinery, abandoned foundations or excavations or improperly maintained or secured pools;
g. “Banner signs” means keeping or allowing banner signs in violation of city ordinances;
h. “Buildings and structures” (improper maintenance) means maintenance of buildings and/or structures in such condition as to be deemed defective or in a condition of deterioration or disrepair including, but not limited to, the following:
i. Any building or structure which is unfit for human habitation or which is an unreasonable hazard to the health of people residing in the vicinity thereof, or which presents an unreasonable fire hazard in the vicinity where it is located;
ii. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of city ordinances, or any use of land, buildings or property in violation of city ordinances;
iii. Buildings which are abandoned, partially destroyed or left in an unreasonable state of partial construction for a period of six (6) months or longer. An “unreasonable state of partial construction” is defined as any unfinished building or structure where the appearance or condition of the building or structure does not meet the requirements for finished buildings or structures as established by applicable city ordinances or building codes. The building or structure shall not be considered to be a nuisance if it is under active construction;
iv. Buildings having dry rot, warping, termite infestation, decay, excessive cracking, peeling or chalking, as to render the building unsightly and/or in a state of disrepair;
v. Buildings with missing doors and/or windows containing broken glass and/or no glass at all where the window is of a type which normally contains glass;
vi. Building exteriors, walls, fences, gates, driveways, sidewalks, walkways, signs, ornamentations or alleys maintained in such condition as to render them unsightly and/or in a state of disrepair; or
vii. Buildings or conditions that violate any building, electrical, plumbing, fire, housing or other code adopted by the city;
i. “City Code nuisances” means any violation of a Lindon City Code section that expressly declares a specific situation, conduct or activity to be a nuisance;
j. “Construction equipment” means construction equipment or machinery of any type or description parked or stored on property when it is readily visible from a public place or adjoining property, except while excavation, construction or demolition operations covered by an active building permit are in progress on the subject property or an adjoining property, or where the property is zoned for the storage of construction equipment and/or machinery;
k. “Dangerous conditions” means any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, or smokestack; or any excavation, hole, pit, basement, cellar, sidewalk, subspace, dock or loading dock; or any lot, land, yard, property or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city, in any one (1) or more of the following particulars:
i. By reason of being a menace, threat and/or hazard to the general health and safety of the community;
ii. By reason of being a fire hazard;
iii. By reason of being unsafe for occupancy or use; or
iv. By reason of insufficient or inadequate maintenance of the property, whether occupied or vacant, so as to depreciate the enjoyment and use of the surrounding properties in the immediate vicinity to the extent that it is harmful to the community in which such property is situated;
l. “Debris and trash” (improper accumulation) means an accumulation of soil, litter, debris, plant trimmings or trash visible from a public place or an adjoining property;
m. “Dust” means any property which causes excessive dust due to lack of landscaping, nonmaintenance or other cause;
n. “Fire hazard” means a condition which increases the potential for an unintentional or uncontrolled fire, including conditions which would impede escape from, or firefighter’s access to, a fire;
o. “Garbage can” means the leaving of any garbage can or refuse container in the street for more than twenty-four (24) hours after the collection day assigned for said property;
p. “Graffiti” means graffiti which remains on the exterior of any building, fence, sign or other structure and is visible from a public place or an adjoining property;
q. “Gravel, soils and debris” (improper storage) means the keeping, storing, depositing, accumulating or maintaining of any dirt, sand, gravel, concrete or other similar materials or debris on property or in a public right-of-way for an unreasonable period of time or in a manner that creates an unreasonable risk to the public’s health, safety or welfare. Material stored as part of an active construction project shall not be considered a nuisance;
r. “Hazardous conditions” means any wall, sign, fence, gate, hedge or structure maintained in such condition of deterioration or disrepair as to constitute a hazard to persons or property;
s. “Inappropriate conduct” means every property where there exists an environment which causes, encourages or allows individuals or groups of individuals to commit one (1) or more of the following acts:
i. Illegally consuming intoxicating liquor or alcohol;
ii. Public urinating or defecating in a location that can be seen from a public place or from an adjoining property;
iii. By physical action, intentionally causing or attempting to cause another person to reasonably fear imminent bodily injury or the commission of a criminal act upon their person or upon property in their immediate possession;
iv. Engaging in acts of violence, including fighting amongst themselves;
v. Discharging a firearm, or explosive, in violation of city ordinances or state law;
vi. Intentionally obstructing pedestrian or vehicular traffic;
vii. Soliciting acts of prostitution; or
viii. Violating the Lindon City curfew ordinance (Chapter 9.22);
t. “Landscaping” (failure to install or maintain) means failure to install or maintain landscaping required by city ordinances;
u. “Noise” (inappropriate noise levels for time and place) means it shall be unlawful for any person to make, permit, continue or cause to be made any unreasonably loud and/or disturbing noise in the city. Any noise which is substantially incompatible with the time and location where said noise is created and to the extent that it creates an actual or imminent interference with the peace and good order of persons of ordinary sensibilities shall be prohibited. Between the hours of 10:30 p.m. and 7:00 a.m., it shall be unlawful for any person or business to:
i. Operate, play, cause, allow, permit or fail to control the operation or playing of any noise emitting device which disturbs, injures or endangers the comfort, repose, health, hearing, peace and safety of persons with ordinary sensitivity; or
ii. Conduct construction or demolition activities within six hundred feet (600') of a residential zone or use.
iii. Exceptions to these restrictions may be obtained upon approval from the city;
v. “Noxious emanations” means emanation of noxious or unreasonable odors, fumes, gases, smoke, soot or cinders;
w. “Noxious weeds” means any weed listed on the noxious weed list as identified and published by the Utah County weed control board pursuant to Chapter 17 of Title 4 of the Utah State Code. Noxious weeds shall also include any weeds growing taller than a height of six inches (6") and that are visible from a public place or an adjoining property. Noxious weeds shall also include any weeds, in any location, that are in such a condition so as to constitute a fire hazard;
x. “Parking on landscaping” means parking in an area required to be landscaped by city ordinances;
y. “Refuse” means keeping or storing of any refuse or waste matter which interferes with the reasonable enjoyment of nearby property;
z. “Signage” (improper or illegal) means improper maintenance of a sign, or signs, which advertise a business that no longer exists on the property or any signage maintained in violation of Title 18;
aa. “Stagnant water” means polluted or stagnant water which constitutes an unhealthy or unsafe condition;
bb. “Unrelated persons residing in a dwelling unit” means keeping or allowing people to reside at a property in violation of the city’s single-family residence requirements (Section 17.02.010);
cc. “Unsafe conditions” means a condition that unreasonably or unlawfully affects the health or safety of one (1) or more persons;
dd. “Unsanitary conditions” means discarding or depositing substances or materials which create, or allow, an unsafe condition to arise or persist on any property, including urinating or defecating anywhere on any property other than into a plumbing system that is properly connected to the public sewer system or an approved private septic system, or into a properly maintained mobile chemical toilet that keeps the property sanitary and free of health hazards;
ee. “Vegetation” means dead, decayed, diseased or hazardous trees, weeds, hedges and overgrown or uncultivated vegetation which is in a hazardous condition, is an obstruction to pedestrian or vehicular traffic, or which is likely to harbor rats, vermin or other pests;
ff. “Vehicles or mechanical equipment” (improper parking or storage) means:
i. Parking or storage of inoperative, unregistered, abandoned, wrecked or dismantled vehicles, boats, trailers, mechanical equipment or vehicle parts, including recreational vehicles, on a property or in the public right-of-way; or
ii. Parking or storage of registered vehicles, trailers, mechanical equipment or boats in violation of city ordinances;
iii. Storage or parking that is specifically allowed by the city’s zoning ordinances shall not be considered a nuisance. (Ord. 2020-4 §1, amended, 2020)