Chapter 8.15 NUISANCES

All citizens of the city of Rainier have a right to expect clean and orderly properties within their neighborhoods and safety from nuisances which may endanger their property or persons. It shall be the policy of the city to fairly and impartially respond to complaints and enforce nuisance violations according to this chapter. The city shall strive to establish public understanding and cooperation in the enforcement of nuisance complaints. Voluntary compliance is the preferred method of handling nuisance violations; however, strict and impartial enforcement shall always be employed when voluntary compliance is not received. (Ord. 1052, 2010)

8.15.020 Definitions.

For purposes of this chapter the following words and phrases shall mean:

A. “Junk” shall include, but not be limited to, all motor vehicles not currently licensed, old or unused motor vehicle parts, vehicles rendered inoperable by removal of parts required to self-propel same, old machinery and old machinery parts, old appliances or parts, old iron or other metal, glass, paper, lumber, wood, other waste or discarded materials.

B. Nuisance. Where not otherwise specifically enumerated or described, “nuisance” shall mean anything that works or causes injury, damage, hurt, inconvenience, annoyance or discomfort to another in the legitimate enjoyment of his/her reasonable rights of person or property.

C. “Officer” means any city employee charged with enforcement of this chapter by the city administrator.

D. “Person in charge of property” means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or the supervision of any construction project.

E. Person Responsible. The person responsible for abating a nuisance shall include:

1. The owner;

2. The person in charge of property, as defined in this section; and/or

3. The person who caused to come into or continue in existence a nuisance as defined in this code or any ordinance of the city.

4. Every natural person, firm, partnership, association or corporation.

F. “Public place” means a building, way, place or accommodation, whether publicly or privately owned, open and available to the general public.

G. “Noxious vegetation” does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard or a traffic hazard within the meaning of subsection (G)(3) of this section. The term “noxious vegetation” does include:

1. Canada thistle, whitetop, puncture vine, blue flowering lettuce, toadflax, spiny cockleburr, wild morning glory, Russian knapweed, tansy ragwort, leafy spurge, water hemlock, poison hemlock, mattgrass, Mediterranean sage, yellow star, musk, poison oak, poison ivy, and Scotch thistle.

2. Rosebushes, blackberry bushes or other thorn-bearing shrubs or trees that extend into a public thoroughfare or across a property line.

3. Vegetation that is:

a. A health or safety hazard.

b. A traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous.

c. Weeds more than eight inches high.

d. Grass more than eight inches high. (Ord. 1052 § 1, 2010)

Article I. Nuisances Affecting Public Health

8.15.030 Nuisances affecting public health.

No person shall cause or permit on property owned or controlled by him/her a nuisance affecting public health. The following are nuisances affecting public health and may be abated as provided in Article VI of this chapter.

A. Privies. Open vaults or privies constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with the regulations of the Department of Environmental Quality.

B. Debris. Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time and which are unsightly or which affect the health, safety or welfare of the city.

C. Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests.

D. Pollution of Water. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that will cause harmful material to pollute the water.

E. Odor. Any premises which are in such a state or condition as to cause a nuisance or offensive odor, which are in an unsanitary condition or upon which animal or vegetable products or substances are rendered, heated, steamed or buried in such a manner as to cause or permit the escape of offensive odors.

F. Surface Drainage. Surface drainage of sewage or geothermal fluids, other than the temporary discharge of geothermal fluids when authorized by the public works department, from private premises.

G. Food. Decayed or unwholesome food offered for human consumption.

H. Liquid Waste Drainage. Drainage of liquid wastes from private premises.

I. Cesspools/Septic Tanks. Cesspools or septic tanks that are in an unsanitary condition or that cause an offensive odor. (Ord. 1052 § 2, 2010)

Article II. Animals

8.15.040 Carcasses.

No person shall permit an animal carcass owned or controlled by him to remain upon public property, or to be exposed on private property, for a period of time longer than is reasonably necessary to remove or dispose of the carcass. (Ord. 1052 § 3, 2010)

8.15.050 Slaughtering animals.

A. No person shall slaughter or butcher any animal except when done in a completely enclosed structure and when authorized by the city zoning ordinance.

B. Any person who slaughters or butchers any animal pursuant to the exception set forth in subsection A of this section, shall immediately dispose of the remains of such animal in a manner which will neither create offensive odors, be visible to the public, nor adversely affect the city sewer system. (Ord. 1052 § 4, 2010)

8.15.060 Animals at large.

No owner or person in charge of an animal shall permit the animal to be at large. Animals at large may be taken into custody by the city and disposed of in accordance with the procedures provided by ordinance for the impoundment of dogs. (Ord. 1052 § 5, 2010)

8.15.070 Livestock, poultry and goats.

Except as otherwise permitted by this chapter, no person shall keep or maintain livestock, poultry or goats within the city without special permitting through city council. (Ord. 1052 § 6, 2010)

Article III. Nuisances Affecting Public Safety

8.15.080 Creating a hazard.

No owner or person shall create a hazard by:

A. Maintaining or leaving, in a place accessible to children, a container with a compartment of more than one and one-half cubic feet capacity and door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside; or

B. Being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, excavation, or other hole of a depth of four feet or more and a top width of 10 inches or more and failing or refusing to cover or fence it with a suitable protective construction. (Ord. 1052 § 7, 2010)

8.15.090 Attractive nuisances.

A. No owner or person in charge of property shall permit thereon:

1. Unguarded machinery, equipment, buildings or other devices or structures which are attractive, dangerous and accessible to children.

2. Lumber, logs or piling placed or stored in a manner so as to be attractive, dangerous and accessible to children.

3. An open pit, quarry, cistern or other excavation without safeguards or barriers to prevent such places from being used by children.

B. This section shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children. (Ord. 1052 § 8, 2010)

8.15.100 Snow and ice.

No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk shall permit:

A. Snow to remain on the sidewalk for longer than a reasonable amount of time after the snow has fallen.

B. Ice to remain on the sidewalk for more than a reasonable amount of time after the ice has formed, unless the ice is covered with sand, ashes or other suitable material to assure safe travel.

C. Failure to comply with this section shall subject the property owner to liability for any injuries resulting from the violation. (Ord. 1052 § 9, 2010)

8.15.110 Scattering and storing rubbish.

A. No person shall throw, dump, deposit, store or keep upon any street, alley or public property any injurious or offensive substance or any kind of rubbish, junk, trash, debris, refuse or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to injure a person or vehicle traveling upon a public way.

B. No persons in charge of property shall place or deposit, upon their own property or the property of another, any material, debris, trash, waste, paper boxes, paper towels, or trimmings from any tree, shrub, grass or any other material capable of, or susceptible to, being displaced by action of wind or running water unless they make provisions to secure such materials in such a manner as to prevent such displacement.

C. No person shall keep any junk outdoors on any street, lot or premises, or in a building that is not wholly or entirely enclosed, except doors used for ingress and egress. (Ord. 1052 § 10, 2010)

8.15.120 Sifting or leaking loads.

A. No person shall drive or move a vehicle on any street unless it is so constructed or loaded as to prevent its content from dropping, sifting, leaking or otherwise escaping therefrom.

B. It shall be the duty of any person driving a vehicle from which the contents have escaped to immediately remove any escaped substance or material from the street. (Ord. 1052 § 11, 2010)

8.15.130 Defective sidewalks.

A. No owner of property, improved or unimproved, abutting on a public sidewalk shall permit such sidewalk to deteriorate to such a condition that, because of cracks, chipping, weeds, settling, covering by dirt, or other similar occurrences, the sidewalk becomes a hazard to persons using it.

B. The city shall not be liable to any person for any loss or injury to a person or property suffered or sustained by reason of any accident on sidewalks caused by ice, snow, encumbrances, obstructions, cracks, chipping, weeds, settling, holes covered by dirt or other similar conditions on or off the sidewalk. Adjacent property owners shall maintain sidewalks free from such conditions and shall be liable for any and all injuries to persons or property arising as a result of their negligent or intentional failure to so maintain the sidewalks. (Ord. 1052 § 12, 2010)

8.15.140 Trees and shrubs.

A. No owner or person in charge of property shall permit upon such property, or upon the sidewalk, parking strip, street, alley or public sidewalk area abutting such property, trees or bushes on the property to interfere with street or sidewalk traffic.

B. It shall be the duty of an owner or person in charge of property that abuts upon a street, alley or public sidewalk to keep all trees and bushes on the premises, including the adjoining parking strip, trimmed to a height of not less than eight feet above the sidewalk and not less than 13 feet above the roadway.

C. No owner or person in charge of property shall allow to stand a dead or decaying tree that is a hazard to the public or to persons or property on or near the property.

D. Allowing dry grass, dry weeds, dry brush or other dry vegetation, cut or uncut, to accumulate on property within 200 feet of any structure where such accumulation is susceptible to fire which could endanger the structure.

E. No owner or person in charge of property shall permit a tree limb to remain broken or growing in a manner as so to be a hazard to the public.

F. All trees, shrubs, plants and vegetation in any parking strip may be trimmed, pruned or removed at any time by the city; or the city may require any property owner or person in charge of property to trim, prune or remove any trees, shrubs, plants or vegetation in a parking strip abutting upon the property. (Ord. 1052 § 13, 2010)

8.15.150 Fires.

It shall be unlawful for any person, firm or corporation, without the permission of the Columbia River Fire and Rescue District or its authorized representative, to build an open outdoor fire upon any street or alley, or upon any lot or property of any character in the city or to permit one to be built or to permit such fire already built to continue.

A. No person shall cause any fire to heat any roofing or other material on or above such pavement; or burn anywhere in the city any offal, refuse, garbage or other matter causing noxious odors.

B. Definitions – Fire. The words “an open outdoor fire” as used in this section shall include any open outdoor fire within the ordinary definition and understanding of said words, and also any fire set for burning waste, debris, trash, rubbish or garbage in any outdoor trash burner or incinerator, or outdoor fireplace or barbecue pit. No provision of this chapter shall be construed as prohibiting the building of a fire for cooking purposes, in any device designed and constructed for this purpose.

C. Permits – Open Fires. Any person desiring to burn any material at an outdoor fire shall first secure a permit from the Columbia River Fire and Rescue District permitting the burning of such material and stating the conditions under which it may be burned. The holder of such permit shall be allowed to build such outdoor fire under the conditions of such permit only. Any deviation from the provisions of the permit shall be a violation of this chapter. (Ord. 1052 § 14, 2010)

8.15.160 Fences.

A. No owner or person in charge of property shall construct or maintain or cause to be constructed or maintained on any lot or parcel of land within the city an electric fence, or to charge with electricity, or cause to be charged with electricity, a fence already constructed, or wires or other structure that could be termed a fence or used as a fence.

B.1. No owner or person in charge of property shall construct or cause to be constructed within the city a barbed-wire fence. Barbed-wire fences now in existence, upon need of repair, shall be removed and not replaced.

2. Barbed-wire shall be allowed as top stranding material on fences constructed of chain link or similar nonbarbed material; provided, that such fences are locked, are in commercial or industrial zones, and are six feet or more in height, not including the top strand barbed-wire portion.

C. Fences shall be constructed of materials that are structurally sound. (Ord. 1052 § 15, 2010)

8.15.170 Surface waters, drainage.

A. No owner or person in charge of a building or structure shall suffer or permit rainwater, ice or snow to fall from the building or structure onto a street or public sidewalk, or flow across the sidewalk.

B. The owner or person in charge of property shall install and maintain in a proper state of repair adequate drainpipes or a drainage system, so that any overflow water accumulating on the roof or about the building is not carried across or upon the sidewalk. (Ord. 1052 § 16, 2010)

Article IV. Nuisances Affecting Public Welfare

8.15.180 Radio and television interference.

A. No person shall operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonably preventable interference with radio or television reception by a radio or television receiver of good engineering design.

B. This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission. (Ord. 1052 § 17, 2010)

8.15.190 Notices and advertisements.

A. No person shall affix, scatter, distribute or cause to be scattered or distributed on public or private property any placards, advertisements or other similar material.

B. This section does not prohibit the distribution of advertising materials during a parade or approved public gathering. (Ord. 1052 § 18, 2010)

8.15.200 Unsightly property.

A. No owner or person in charge of property shall permit such property or any structure or building located thereon to reach such a condition of dilapidation or neglect as to become unsightly and an eyesore in the city.

B. Conditions of the property affecting its appearance shall include but are not limited to the following:

1. Missing or broken windows or exterior doors.

2. The lack of State Structural Specialty Code-approved exterior protective siding.

3. Broken, rotted, split or buckled exterior wall coverings or roof coverings.

4. Sagging, broken, split or rotted porches, steps, stairs or fences. (Ord. 1052 § 19, 2010)

Article V. Unenumerated Nuisances

8.15.210 Unenumerated nuisances.

A. The acts, conditions or objects specifically enumerated and defined in RMC 8.15.020 through 8.15.200 are declared public nuisances. Such acts, conditions or objects may be abated by the procedures set forth in RMC 8.15.220 through 8.15.270 and are subject to the enforcement provisions of RMC 8.15.280.

B. In addition to the nuisances specifically enumerated within RMC 8.15.020 through 8.15.200, every other thing, substance or act which is determined by the council to be injurious or detrimental to the public health, safety or welfare of the city or its citizens is declared a nuisance and may be abated as provided in this chapter. (Ord. 1052 § 20, 2010)

Article VI. Abatement Procedure

8.15.220 Notice.

A. Upon determination by the officer that a nuisance exists, the officer shall cause to be made a “notification of nuisance” which shall contain a description of the nuisance.

B. The police department shall officially notify the owner or person in charge of the property of the nuisance violation and a 20-day period to abate the nuisance.

C. Upon determination by the officer that the nuisance continues to exist, the officer shall cause a notice to be posted on the premises or at the site of the nuisance, directing any person responsible to abate the nuisance.

D. At the time of posting, the officer shall cause a copy of the notice to be forwarded by certified mail, postage prepaid, to the person responsible at his/her last known address.

E. The notice to abate shall contain:

1. A description of the real property, by street address or otherwise, on which the nuisance exists.

2. A direction to abate the nuisance within 15 days.

3. A description of the nuisance.

4. A statement that, unless the nuisance is removed, the city may abate the nuisance and the cost of the abatement will be charged to the person responsible.

5. A statement that failure to abate a nuisance may warrant imposition of a fine.

6. A statement that the person responsible may protest the order to abate by giving notice to the city recorder within 10 days from the date of the notice.

F. If the person responsible is not the owner, an additional notice shall be sent to the owner, stating that the cost of abatement not paid by the person responsible shall be assessed to and become a lien on the property.

G. Upon completion of the posting and mailing, the persons posting and mailing shall execute and file certificates stating the hour, the date and the place of the mailing and posting, respectively.

H. An error in the name or address of the person responsible shall not make the notice void, and in such case the posted notice shall be sufficient. (Ord. 1052 § 21, 2010)

8.15.230 Abatement by the person responsible.

A. Within 15 days after the posting and mailing of the notice as provided in RMC 8.15.220, the person responsible shall remove the nuisance or show that no nuisance exists.

B. A person responsible protesting that no nuisance exists shall file with the city recorder a written statement which shall specify the basis for so protesting.

C. The statement shall be referred to the city council as a part of its regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the person protesting may appear and be heard by the council and the council shall determine whether or not a nuisance in fact exists. The determination shall be entered in the official minutes of the council. Council determination shall be required only in those cases where a written statement has been filed as provided.

D. If the council determines that a nuisance does, in fact, exist, the person responsible shall, within 10 days after the council determination, abate the nuisance. (Ord. 1052 § 22, 2010)

8.15.240 Joint responsibility.

If more than one person is responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance. (Ord. 1052 § 23, 2010)

8.15.250 Abatement by the city.

A. If, within the time allowed, the nuisance has not been abated by the person responsible, the city recorder or his/her designee may cause the nuisance to be abated.

B. The city shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance.

C. The city recorder or his/her designee shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include therein a charge of $35.00 or 25 percent of those expenses, whichever is greater, for administrative overhead. (Ord. 1052 § 24, 2010)

8.15.260 Assessment of costs.

A. The city recorder or his/her designee, by certified mail, postage prepaid, shall forward to the person responsible, if the owner, a notice stating:

1. The total cost of abatement, including the administrative overhead.

2. That the cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice.

3. That if the person responsible objects to the cost of the abatement as indicated, he/she may file a notice of objection with the city recorder within 10 days from the date of the notice.

B. Upon the expiration of 10 days after the date of the notice, the council, in the regular course of business, shall hear and determine the objections to the costs assessed.

C. If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs, as stated or as determined by the council, shall be made and shall thereupon be entered in the docket of city liens together with a late fee of $25.00. Upon such entries being made, it shall constitute a lien upon the property from which the nuisance was removed or abated.

D. The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the then prevailing legal rate per annum. The interest shall commence to run from the date of the entry of the lien in the lien docket.

E. An error in the name of the person responsible shall not void the assessment, nor shall a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property. (Ord. 1052 § 25, 2010)

8.15.270 Summary abatement.

The procedure provided in RMC 8.15.220 through 8.15.260 is not exclusive, but is in addition to procedure provided by other code sections. The officer, the chief of police, or any other city official may proceed summarily to abate a health or other nuisance which unmistakably exists or which imminently endangers human life or property. (Ord. 1052 § 26, 2010)

Article VII. Administration and Enforcement

8.15.280 Enforcement by citation.

In addition to the abatement procedures set forth in RMC 8.15.220 through 8.15.270, the officer may issue a citation to a person responsible for a nuisance violation in lieu of a formal complaint. (Ord. 1052 § 27, 2010)

8.15.290 Penalties.

Violation of any of the provisions of this chapter or an order issued under authority of this chapter shall, upon conviction, be punished by fine of not less than $50.00, nor more than $500.00. (Ord. 1052 § 28, 2010)

8.15.300 Separate violations.

A. Each day’s violation of a provision of this chapter constitutes a separate offense.

B. The abatement of a nuisance is not a penalty for violating this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance. However, abatement of a nuisance within 15 days of the date of notice to abate, or if a written protest has been filed, then abatement within 10 days of council determination that a nuisance exists, will relieve the person responsible from the imposition of a fine under RMC 8.15.290. (Ord. 1052 § 29, 2010)