§ 1135.04. Certain nuisances declared and enumerated.

(a)

Each of the following acts when committed within the City or within the area surrounding the City and within one mile of the City boundary are hereby defined and declared to be a nuisance:

(1)

An act done, committed, aided, or assisted to be done or committed by any person which is injurious or dangerous to the public health, safety, welfare, good order, or to the healthfulness of the environment;

(2)

Conduct of any business, trade or activity whereby noisome stenches and odors or noxious gasses arise or are generated;

(3)

An act committed, permitted, allowed or continued by the owner, agent, assignee, occupant or tenant of any premises, property or structure, which act relates to the location, construction, repair, maintenance, use, emptying and cleaning of any water closet, privy, sink, plumbing, drain, yard, lot, areaway, pen, stable and other place where offensive, unsightly, unwholesome, objectionable or dangerous substances or liquids are or may be accumulated to the damage or injury of any of the inhabitants of the City, and not otherwise specified herein.

(b)

The following acts or conditions when existing within the City or within the area surrounding the City and within one mile of the City boundary are hereby defined and declared to be a nuisance:

(1)

All buildings, bridges or other structures of whatever character kept or maintained, or which are permitted by any person owning or having control thereof to be kept or maintained, in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public;

(2)

All trees and other appendages of or to realty kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public;

(3)

All ponds or pools of stagnant water, and all foul or dirty water or liquid found at, on, or discharged into or upon any street, public place or lot to the injury or annoyance of the public;

(4)

All obstructions caused or permitted on any street or sidewalk to the danger or annoyance of the public, and all stones, rubbish, dirt, filth, slops, vegetable matter or other article thrown or placed by any person on or in any street, sidewalk or other public place, which in any way may cause any injury or annoyance to the public or which may be a hazard to the public health or safety;

(5)

All sidewalks, gutters or curbstones that are in an unsafe condition, or out of repair;

(6)

All houses or buildings used for special storage of powder, dynamite or other explosive substances, except those maintained pursuant to permit issued by competent authority;

(7)

Any building or structure or any vehicle, machinery, piece of equipment or other article upon any premises which is exposed to the view of persons on any street, sidewalk or public place and which is repulsive or offensive to them and which, by reason of its dilapidated, rusty or otherwise uncared-for condition, constitutes that which is commonly known as an "eyesore;"

(8)

Any unclean, stinking, foul, defective or filthy drainpipe, tank or gutter, or any leaking or broken slop, garbage or manure box or receptacle of like character;

(9)

Any dirt gathered in cleaning yards, waste of factories, or any rags, damaged merchandise, wet, broken or leaking containers, or any materials which are offensive or tend by decay to become putrid, or to render the atmosphere impure or unwholesome;

(10)

Any pond of putrid, stagnant, unwholesome or impure water which is foul or offensive to the senses, dangerous to life, or detrimental to health;

(11)

The presence, in any cellar, basement or part thereof, or any house or building, of water, occasioned by leakage from defective hydrants, water pipes, sewer pipes, cisterns, wells, gutters, drains, running spouts or seepage from the surrounding earth, or dampness or moisture upon the walls of any cellar or basement from any cause named in this subsection;

(12)

The presence upon any private or public property of a junked or unlicensed vehicle, which constitutes a danger or hazard to human health or the environment or which is unsightly;

(13)

The disposal of hazardous waste within the City limits of the City of Hurricane or within the area surrounding the City and within one mile of the City boundary;

(14)

The storage, land disposal, or the storage by conditions constituting land disposal, within the City limits of the City of Hurricane or within the area surrounding the City and within one mile of the City boundary, of any prohibited hazardous substance;

(15)

The disposal, within the City limits of the City of Hurricane or within the area surrounding the City and within one mile of the City boundary, of any prohibited hazardous substance at any facility other than a facility which is operating in compliance with the provisions of West Virginia law that operate, pursuant to 42 U.S.C. § 6906, "in lieu of" sections 3004 and 3005 of the Federal Solid Waste Disposal Act (42 U.S.C. §§ 6924 and 6925) (or, where applicable, in compliance with the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.) or other applicable Federal law, and all applicable State requirements.

(c)

The nuisances described in this section are not intended to be, and shall not be construed as being, exclusive, and any act of commission or omission, and any condition which constitutes a nuisance by statute or common law of the State when committed, omitted or existing within the City or within the area surrounding the City and within one mile of the City boundary is hereby declared to constitute a nuisance.

(d)

The nuisances described in subsection (b)(13), (b)(14), and (b)(15) shall not apply to any waste that is required to be reported to the City, and that is properly and timely reported to the City, pursuant to Section 1135.28 of this Chapter by any person who owns or operates a site or facility, including, but not limited to, a "Solid Waste Facility," as that term is defined in West Virginia Code § 22-15-2(34), any part of which is located in the City or within the area surrounding the City and within one mile of the City boundary, licensed by any agency or instrumentality of the Federal or State government to manage, including to treat, store, or dispose of, any waste, including, but not limited to, a "Solid Waste," as that term is defined in West Virginia Code § 22-15-2(31) or hazardous waste. Any such waste disposed of at site or facility is not a hazardous waste or prohibited hazardous substance, or otherwise a nuisance, under this Section.

(Ord. of 9-2-2014(4); Ord. of 6-1-2015(1), § 3)