Peralta passes a nuisance abatement ordinance

January 27, 2010

The Peralta Town Council tonight unanimously approved a nuisance abatement ordinance that the town’s mayor says will give the town and county the ability to stop public nuisances.

Because the Town of Peralta is small and lacks resources, it’ll rely upon the county for code enforcement. The ordinance gives the county the ability to enforce the new regulations.

The law prohibits the dumping, accumulation or scattering of solid waste outdoors, infestation of vermin, including mosquitoes, the operation of junk yards, including ones for automobiles, violations of uniform building codes, unimproved real property, and inoperative vehicles, among other things.

Peralta residents had been particularly concerned over the years with the use of off-road vehicles, like ATVs, on ditch banks and roads.

The new ordinance bans the use of off-road vehicles on private property without the permission of the owner. It also bans the use of the same vehicles on roads or easements if a sign is posted prohibiting the vehicles.

Government and agricultural-use off-road vehicles are expressly allowed, but all off-road vehicles are required to have a working muffler and spark arrestor.

In a sweeping protection of Peralta’s agriculture, the ordinance exempts all agricultural activities that don’t cause a health or safety hazard from being declared a nuisance.

“I think the ordinance does a pretty good job and won’t be too taxing on the residents. There’s nothing about weeds in there. It’s about public safety and the public safety concerns that have been brought up,” said Councilor Joseph Romero.

According to the ordinance, a code enforcement officer can require an immediate remedy to a violation or can issue a warning to a violator, who then must begin addressing the violation within 10 days and have the violation fully remedied within 30 days.

A failure to comply with the ordinance could result in a court case against the violator.

Mayor Bryan Olguin said anyone who wants to report an alleged violation of the ordinance can call the Town of Peralta. The town administration will contact the county and have them send out a code enforcement officer.

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