City of Newark

 8.04.001Definition of nuisance.

(a) Whatever is dangerous to human life or health, whatever renders the ground, the water, the air or food a hazard or injury to human life or health or that is offensive to the senses, or that is or threatens to become detrimental to the public health, is declared to be a nuisance, and the specific acts, conditions and things set forth in this article are, among others, each and all of them declared to be nuisances and prohibited and made unlawful.

(b) The enumeration of specific nuisances provided in this article shall not be deemed or interpreted to limit the scope of this definition to those items specifically enumerated but shall be taken as specific examples only.

(Ordinance A-290, sec. 1 (1), adopted 10/20/05)

  8.04.002Additional definitions.

As used in this article:
Administrative fee. The city’s minimum administrative fee in the amount provided in appendix A to this code that shall be assessed when the city abates or causes to be abated a nuisance. This fee shall not include the actual costs incurred in abating or causing to be abated a nuisance, but the administrative cost to the city of processing the abatement. Without amending this article, the city may impose an administrative fee of more than the amount established in appendix A if the city’s cost of implementing this article is greater than the amount established in appendix A. 

Brush. Scrub vegetation or dense undergrowth. 

Costs. The actual cost the city incurs in abating or causing to be abated a nuisance, including, without limitation, the cost of mowing, weeding, removing objectionable rubbish, junk, or unsightly or unsanitary matter, etc.

Cultivated. Vegetation that is deliberately grown and currently and continuously maintained by the owner, occupant, or agent of the property. 

Developed. A tract of land upon which a structure is situated.

Expenses. The total of the administrative fee and costs incurred by the city in abating or causing to be abated a nuisance.

Garbage. Every accumulation of both animal and vegetable matter, liquid or otherwise, that is received from kitchens, and also all decayable waste.

Hearing officer. The mayor of the city or the mayor’s designated representative.

Junk. All worn-out or discarded material, including but not limited to old iron or other metal, glass and cordage, plastic, machinery of any kind, tractors, refrigerators, stoves, any other household appliances, furniture, old boats, etc.

Litter. Discarded paper, wrapping material, glass or aluminum containers, or other decayable or non-decayable waste.

Mayor. The mayor or mayor’s designated representative.

Maintained. Watered, pruned, trimmed, treated, and controlled in such a manner as to enhance the use or enjoyment of one’s property, without interfering with the enjoyment or use of neighboring property or public access.

Nuisance. Anything which is injurious to the health or morals, or indecent or 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.

Occupant. Any person, firm or corporation, both public and private, claiming or having possessory control of any property.

Owner. Any person, firm or corporation, both public and private, claiming title of any property.

Person. Shall include a firm, association, organization, partnership, trust, company, or corporation, as well as an individual.

Refuse. An accumulation of worn-out, used, broken, or rejected materials, and includes garbage, litter, rubbish, yard waste and other decayable or nondecayable waste. It includes, but is not limited to, old barrels, old tires, tree and brush and grass trimmings and unused household items and appliances.

Rubbish. All loose and decayed material and dirt-like substances that attend use or decay, or which accumulate from buildings, storing or cleaning, trash, debris, rubble, stone or fragments of building materials.

Vegetation. Any grass, weeds, shrubs, brush, bushes, or vines.

Weeds. Vegetation that because of its height is objectionable, unsightly or unsanitary, but excluding cultivated crops, shrubs, bushes, trees, flowers, and vines.

Yard waste. Grass and brush trimmings, trees or tree limbs, hedge or shrub cuttings, leaves, weeds, vines or other decayable waste which is generated by maintaining a yard. (Ordinance A-290, sec. 1 (2), adopted 10/20/05; Ordinance adopting Code)

 8.04.004Prohibited conditions.

No owner or occupant of any real property, occupied or unoccupied, within the city shall permit or allow any stagnant or unwholesome water, filth, carrion, rubbish, refuse, yard waste, junk or garbage, litter or impure or unwholesome matter of any kind, or objectionable, unsightly matter of whatever nature, to accumulate or remain on such real property or within any easement area on such real property or upon any adjacent right-of-way for streets and alleys between the property line of such real property and where the paved surface of the street or alley begins. Such conditions are hereby defined as nuisances.
(Ordinance A-290, sec. 1 (3), adopted 10/20/05)

8.04.005Accumulations of waste and refuse.

The accumulation upon the property of refuse, rubbish, or garbage that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin or disease-carrying pests constitutes a nuisance.
(Ordinance A-290, sec. 1 (4), adopted 10/20/05)