03/26/2019
In Conjunction with the up-coming Spring, 2019, Kanawha County Clean-Up, (March 30th) and efforts with the Marmet Neighborhood Watch, (April 6th), the Marmet Code Enforcement Officer has also set in motion a campaign with a similar effort to beautify the Town of Marmet. Endeavors are underway to send notices to property owners and residents to rid the neighborhood of trash, debris, furniture, abandoned or dilapidated vehicles and any other nuisance items that diminution the value of properties in the Town of Marmet.
After all a neighborhood clean-up program can:
* Instill neighborhood pride.
* It gives everyone a chance to contribute.
* Enhances neighborhood quality of life.
* It can improve the self-image of residents and of the
neighborhood as a whole.
* Improve neighborhood health.
* Help to "green" the neighborhood
* Makes the neighborhood more attractive to business.
Come on and “Pitch In” and do your part to Make Marmet Beautiful again!
1111.02 NUISANCES PROHIBITED WITHIN TOWN.
No person shall cause, harbor, commit or maintain, or suffer to be caused, harbored, committed or maintained any nuisance as defined by a statute or common law of this State, or as defined by the City Code at any place within City limits, when such nuisance constitutes a hazard to the health, safety or good order of the City or its inhabitants.
1111.03 CERTAIN NUISANCES PROHIBITED.
The following acts when committed, or conditions when existing, are hereby defined and declared to be nuisances:
(a) An act done or committed, or aided, or assisted to be done or committed by any person, or any substances, being or thing kept, maintained, placed or found in or upon any public or private place, which is injurious or dangerous to the public health, safety or good order.
(b) All buildings, bridges or other structured 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.
(c) All trees and other appendages of or realty kept or maintained, or which has been 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.
(d) All ponds or pools of putrid or stagnant water and all foul or dirty water or liquid found, or discharged into or upon any street, public place or lot to the injury or annoyance of the public.
(e) All obstructions caused or permitted on any street or sidewalk to the danger or annoyance of the public and all stones, rubbish, dirt, filth, or other articles 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.
(f) All sidewalks, gutters or curbstones permitted to remain in an unsafe condition, or out of repair.
(g) All houses or buildings used for special storage of powder, dynamite or other explosive substances, except those maintained pursuant to permit issued by a competent authority.
(h) Any unclean, stinking, foul, defective or filthy drain pipe, tank or gutter, or any leaking or broken garbage bin or like receptacle.
(i) 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 to decay and become putrid, or render the atmosphere impure or unwholesome.
(j) Any business, trade or activity whereby loathsome stenches and odors or nauseous gases arise or are generated.
(k) Whenever in any cellar, basement or part thereof or any house or building there may be found water, occasioned by leakage from defective hydrants, water pipes, sewer pipes cisterns, wells, gutters, drains, running spouts or seepage from the surrounding earth, or whenever the walls of any cause named in this subsection, then such water, leakage, seepage or moisture shall be deemed a nuisance.
5 Nuisances 1111.04
(l) Every act or thing done, or which may be permitted or allowed to continue by the owner, agent, assignee, occupant, or tenant of any premises of a property or structure, which act or thing done relates to the location, construction, repair, maintenance, use, emptying and cleaning of all water closets, privies, sinks, plumbing, drains, yards, lots, areaways, pens, stables, and other places 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 of Marmet, not herein before specified.
(m) All open, unguarded or unprotected excavations, refrigerators with intact doors, swimming pools or buildings which, when abandoned or left open, or otherwise unprotected, will likely prove dangerous to life or limb, or abandoned, open, uncovered or otherwise unprotected wells, cesspools, cisterns or catch basins.
(n) All emissions of defense smoke from the smokestack of any stationary engine, steamroller, steam derrick, pile driver, tar kettle or other similar machine or contrivance, or from the smokestack or chimney of any building or premises, except for a period aggregating no more than seven (7) minutes in any one hour, during which period the fire box is being cleaned, or a new fire is being built therein. All emissions of dense, smoke from the stack of any locomotive for a period of more than seventy-five (75) seconds, except for a period aggregating no more than twelve (12) minutes in any one hour, during which period the fire box is being cleaned or a new fire is being built therein. For the purpose of grading the density of smoke, the Ringleman’s Smoke Chart, as published and used by the Federal Bureau of Mines, shall be the standard of comparison. Smoke shall be considered “dense” when it is greater than number 3 of such chart.
(o) All infected or infested bedding or clothes or any putrid or unsound meat, beef, pork, fish, hides, or skins of any kind, decayed vegetables/fruit or any other articles which are dangerous to the health of the inhabitants of the City.
(p) The storing or parking of any unlicensed automobile, or other type of vehicle on private or public property, fork trucks, small cranes, etc. which are not normally licensed are exempted, provided that they are able to do their respective tasks, otherwise, they are considered as a nuisance. This shall not apply where the vehicle is properly garaged, unless the storage in such garage violates other provisions of the City Code as to creating a condition which is unsafe, dangerous, unhealthy, injurious or annoying to the public.
(q) The storing of items on private or public property which are commonly referred to as “junk” or any discarded appliances or other items, unless they are stored in a proper building, and as to such, storage do not constitute a nuisance under the other provisions of the City Code.
The nuisances described in this section shall not be construed as exclusive, and any act of, commissions or omission, and any condition which constitutes a nuisance by statute or common law of the State of West Virginia when committed, omitted, or existing within the City is hereby declared to constitute a nuisance.
533.11 NUISANCES ON PRIVATE PROPERTY.
(a) For the purposes of this section, the term "nuisance" is defined to mean any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises of any of the following:
(1) Lumber, junk, trash, or debris
(2) Abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers.
(b) No person, owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of the other property in the neighborhood in which such premises are located.
(c) Exterior storage of non-operating vehicles is prohibited. No person in charge of or in control of premises, whether as owner, lessee, tenant, occupant or otherwise shall allow any partially dismantled, wrecked, junked, discarded or otherwise non-operating motor vehicle to remain on such property within the Town for a longer time than ten days; except that this section shall not apply with regard to any vehicle in an enclosed building or so located upon the premises
56A Offenses Relating to Property 533.99
as not to be readily visible from any public place or from any surrounding private property. This section shall further not apply with regard to any vehicle on the premises of a business enterprise operated in a lawful place, other than in a residential district, and operated in a lawful manner, when the keeping or maintenance of such vehicle is necessary to the operation of such business enterprise; or with regard to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the town or any other public agency or entity.
(d) The Police Department may employ its own personnel, equipment and facilities for the purpose of removing, preserving or storing abandoned vehicles.
(e) Any property owner violating the provisions of this section shall be given a thirty (30) day written notice, via certified mail, return receipt requested, by the Town indicating the deficiencies relating to their property. A property owner shall have thirty (30) days from the date of this notification to correct any nuisance condition(s) as specified in the notice. The failure, after thirty (30) days, to correct any nuisance condition(s) shall subject a property owner to a fine of up to five hundred dollars ($500.00) and/or thirty (30) days in jail for each day the nuisance condition(s) continues to exist.
533.99 PENALTY.
(EDITOR'S NOTE: See Section 501.99 for general Code penalty if no specific penalty is provided.)
(a) Whoever violates Section 533.05(b) or 533.10 shall be fined not more than two hundred dollars ($200.00) or imprisoned not more than thirty days, or both.
(b) Any person convicted of a violation of Section 533.09 shall be subject to the following penalties:
(1) Upon a first conviction, the defendant shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00).
(2) Upon a second conviction, the defendant shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
(3) Upon any subsequent conviction in excess of a second conviction, the defendant shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both.
Notwithstanding the provisions of West Virginia Code 61-11A-4 or West Virginia Code 50-3-2a, the magistrate or court may order restitution not to exceed the value of unauthorized solid waste services received. (WVaC 61-5-33)
(
361.07 ABANDONED MOTOR VEHICLES.
(a) Definitions.
(1) "Abandoned motor vehicle"means any motor vehicle, or major part thereof, which is inoperative and which has been abandoned on public property for any period of time over five days, other than in an enclosed building or in a licensed salvage yard or at the business establishment of a demolisher; or any motor vehicle, or major part thereof, which has remained on private property without consent of the owner or person in control of the property for any period of time over five days; or any motor vehicle, or major part thereof, which is unattended, discarded, deserted and unlicensed and is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher: Provided, that a motor vehicle, or major part thereof, shall not be considered an abandoned motor vehicle if:
A. The owner of the motor vehicle is storing the motor vehicle on the owner’s property;
B. The motor vehicle is being stored for the purpose of using its parts on other motor vehicles owned by the owner;
361.08 TRAFFIC CODE 116
C. The owner owns other motor vehicles similar to the motor vehicle being stored; and
D. The owner is a business licensed to do business in the State of West Virginia and not in the primary business of offering motor vehicles or parts thereof for sale.
(2) “Enclosed building” means a structure surrounded by walls or one continuous wall and having a roof enclosing the entire structure and includes a permanent appendage thereto.
(3) “Motor vehicle” means a vehicle which is or was self-propelled, including, but not limited to, automobiles, trucks, buses and motorcycles.
(4) “Person” means a natural person, corporation, firm, partnership, association or society and the plural as well as the singular.
(WVaC 17-24A-1)
(b) Abandonment of Motor Vehicle Prohibited. No person shall, within this Municipality, abandon a motor vehicle or major part thereof upon the right-of-way of any public highway, upon any other public property or upon any private property without the consent of the owner or person in control of the property, or upon property owned or controlled by that person, unless it be at a licensed salvage yard or at the business establishment of a demolisher, or a business licensed to do business in the State of West Virginia and not in the primary business of offering motor vehicles or parts thereof for sale.
(WVaC 17-24A-2)
