Chapter 8.08 NUISANCES

A. The intent of the City Council in enacting this chapter is to provide a fair and efficient method to cause owner(s) and occupant(s) of property or their agent to remove junk, junk vehicles and nuisances from property within the City. The method selected by the City Council in this chapter is first the civil violation and abatement method followed by criminal charges.

B. Criminal penalties shall be sought in cases of repeated violations or when the City finds civil penalties will not be effective. (Ord. C-715 § 3, 2010)

8.08.020 Definitions.

For the purpose of this chapter, certain words used herein are defined as follows:

A. “Junk vehicle” means a motor vehicle meeting at least three of the following requirements:

1. Is three years old or older;

2. Is extensively damaged, such damage including, but not limited to, any of the following: a buildup of debris that obstructs use; broken window or windshield; missing wheels, tires, tail/headlights, or bumpers; missing or nonfunctional motor or transmission; or body damage;

3. Is apparently inoperable, or is missing major component parts, including but not limited to: engines and short blocks, frames, transmissions or transfer cases, cabs, doors, front or rear differentials, front or rear clips, quarter panels or fenders, bumpers, truck beds or boxes, seats, windows, and hoods;

4. Is without a valid, current license or registration; or

5. Has an approximate fair market value equal only to the approximate value of the scrap in it.

6. “Junk vehicle” does not include a vehicle or part thereof that is completely enclosed in a building, is not visible from the street or adjacent property, antique vehicles, race cars or street rods as defined in RCW 46.37.518 that are currently in the process of restoration or use, or a vehicle or part thereof that is stored or parked in a lawful manner on private property, in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to the requirements set forth by the City of Airway Heights.

B. “Nuisances” means doing an unlawful act, or failing to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

1. Annoys, injures or endangers the comfort, repose, health or safety of others; or

2. Offends decency; or

3. Is offensive to the senses; or

4. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage any stream, public park, parkway, square, street or highway in the City; or

5. In any way renders other persons insecure in life and use of property; or

6. Obstructs the free use of property so as to essentially interfere with comfortable enjoyment of life and property; or

7. Which degrades the City’s scenic attractiveness and livability and its economic development.

C. “Abate” means to prevent, repair, replace, remove, destroy, secure or otherwise remedy a condition which constitutes a nuisance under this chapter by such means, in such a manner and to such an extent as the Director determines is necessary in the interest of the general health, safety and welfare of the community.

D. “Junk” means all articles such as, but not limited to: trash, litter, garbage, rubbish, bottles, cans, paper, cardboard, tires, old wood, wire and metal articles, cloth material, carpet, boxes, crates, packing cases, packing material, empty barrels, mattresses or other bedding, appliances or furniture and parts thereof, building materials and similar articles, ashes, combustible or flammable waste, bric-a-brac, broken stone or crockery, glass, plaster, excelsior, growing or severed hay, grass, straw or weeds, and all such trash and abandoned materials, or anything whatsoever which may be a fire danger, or that which constitutes a hazardous attraction to children, or in which flies or rodents may breed or multiply, unless they are kept in receptacles as required by City ordinance. As used in this chapter, “junk” refers only to materials left outside of any building and does not apply to materials stored inside a lawfully constructed building so long as such building is wholly enclosed except for doors for ingress and egress and does not create a health hazard.

E. “Director” means the Chief of Police, Fire Chief, Development Services Director, Public Works Director, or individuals designated by the City Manager as a Director, or those officials, regardless of title, that are designated to head the departments that enforce the regulations subject to the enforcement and penalty provisions of this chapter.

F. “Code Enforcement Officer” shall include: the Director or the Director’s designee; the building official, or designee; building inspectors; construction inspectors; the fire marshal, or designee; fire inspectors; or any other person or persons assigned or directed by the City Manager to enforce the regulations subject to the enforcement and penalty provisions of this chapter.

G. “Criminal street gang” means any ongoing organization, association, or group of three or more persons, whether formal or informal, having a common name or common identifying sign or symbol, having as one of its primary activities the commission of criminal acts, and whose members or associates individually or collectively engage in or have engaged in a pattern of criminal street gang activity. This definition does not apply to employees engaged in concerted activities for their mutual aid and protection, or to the activities of labor and bona fide nonprofit organizations or their members or agents.

H. “Criminal street gang associate or member” means any person who actively participates in any criminal street gang and who intentionally promotes, furthers, or assists in any criminal act by the criminal street gang.

I. “Criminal street gang-related offense” means any felony or misdemeanor offense, whether in this state or elsewhere, that is committed for the benefit of, at the direction of, or in association with any criminal street gang, or is committed with the intent to promote, further, or assist in any criminal conduct by the gang, or is committed for one or more of the following reasons:

1. To gain admission, prestige, or promotion within the gang;

2. To increase or maintain the gang’s size, membership, prestige, dominance, or control in any geographical area;

3. To exact revenge or retribution for the gang or any member of the gang;

4. To obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang;

5. To directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage for the gang, its reputation, influence, or membership; or

6. To provide the gang with any advantage in, or any control or dominance over any criminal market sector, including, but not limited to, manufacturing, delivering, or selling any controlled substance (Chapter 69.50 RCW); arson (Chapter 9A.48 RCW); trafficking in stolen property (Chapter 9A.82 RCW); promoting prostitution (Chapter 9A.88 RCW); human trafficking (RCW 9A.40.100); or promoting pornography (Chapter 9.68 RCW).

J. “Pattern of criminal street gang activity” means:

1. The commission, attempt, conspiracy, or solicitation of, or any prior juvenile adjudication of or adult conviction of, two or more of the following criminal street gang-related offenses:

a. Any “serious violent” felony offense as defined in RCW 9.94A.030, excluding homicide by abuse (RCW 9A.32.055) and assault of a child 1 (RCW 9A.36.120);

b. Any “violent” offense as defined by RCW 9.94A.030, excluding assault of a child 2 (RCW 9A.36.130);

c. Delivery of or possession with intent to deliver a controlled substance (Chapter 69.50 RCW);

d. Any violation of the Firearms and Dangerous Weapons Act (Chapter 9.41 RCW);

e. Theft of a firearm (RCW 9A.56.300);

f. Possession of a stolen firearm (RCW 9A.56.310);

g. Malicious harassment (RCW 9A.36.080);

h. Harassment where a subsequent violation or deadly threat is made (RCW 9A.46.020(2)(b));

i. Criminal gang intimidation (RCW 9A.46.120);

j. Any felony conviction by a person 18 years of age or older with a special finding of involving a juvenile in a felony offense under RCW 9.94A.833;

k. Residential burglary (RCW 9A.52.025);

l. Burglary 2 (RCW 9A.52.030);

m. Malicious mischief 1 (RCW 9A.48.070);

n. Malicious mischief 2 (RCW 9A.48.080);

o. Theft of a motor vehicle (RCW 9A.56.065);

p. Possession of a stolen motor vehicle (RCW 9A.56.068);

q. Taking a motor vehicle without permission 1 (RCW 9A.56.070);

r. Taking a motor vehicle without permission 2 (RCW 9A.56.075);

s. Extortion 1 (RCW 9A.56.120);

t. Extortion 2 (RCW 9A.56.130);

u. Intimidating a witness (RCW 9A.72.110);

v. Tampering with a witness (RCW 9A.72.120);

w. Reckless endangerment (RCW 9A.36.050);

x. Coercion (RCW 9A.36.070);

y. Harassment (RCW 9A.46.020); or

z. Malicious mischief 3 (RCW 9A.48.090);

2. That at least one of the offenses listed in subsection (J)(1) of this section shall have occurred after July 1, 2008;

3. That the most recent committed offense listed in subsection (J)(1) of this section occurred within three years of a prior offense listed in subsection (J)(1) of this section; and

4. Of the offenses that were committed in subsection (J)(1) of this section, the offenses occurred on separate occasions or were committed by two or more persons.

K. “Act” means doing or performing something.

L. “Emergency” means a situation which, in the opinion of the Director, requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons or property.

M. “Project vehicles” means any vehicle that is in any stage of being restored, dismantled, assembled, or repaired.

N. “Aerosol paint container” means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint, dye, or other substances.

O. “Felt tip marker” means any indelible marker or similar implement, with a tip at its broadest width greater than one-eighth inch, containing anything other than a solution which can be removed with water after it dries.

P. “Graffiti” means any unauthorized inscription, word, figure, painting, design, label, marking, symbol, or other defacement that is marked, etched, scratched, engraved, drawn, painted, sprayed, or otherwise affixed on any surface of public or private property, either natural or manmade; to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is deemed a public nuisance. The owner or occupant cannot authorize a public nuisance.

Q. “Gum label” means any sheet of paper, fabric, plastic, or other substance with an adhesive backing which, when placed on a surface, is not immediately removable.

R. “Graffiti implement or paraphernalia” means any aerosol paint container, felt tip marker, graffiti stick or paint stick, gum label, brush, roller, or etching tool or any other device capable of scarring or marking any surface, including but not limited to glass, metal, concrete, or wood.

S. “Responsible private party” means a private owner or occupant, an entity, a person acting as an agent for a private owner by agreement, a person or entity who has authority over the private property, or a person or entity responsible for the private property’s maintenance or management. Irrespective of any arrangement to the contrary with any other party, each private owner shall always be responsible private party for the purposes of this chapter. There may be more than one responsible private party for a particular private property.

T. “Public place” means an area generally open to the public and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, including those that serve food or drink, provide entertainment or sell merchandise, and the doors and entrances to buildings or dwellings and the grounds enclosing them.

U. “Obstruct pedestrian or vehicular traffic” means to intentionally walk, stand, sit, lie, or place an object in such manner as to obstruct or impede, or a person of ordinary sensibilities would conclude it tends to obstruct or impede, the free passage of pedestrians and/or vehicles through the area; or that requires, or would require, evasive action by a pedestrian and/or vehicle to avoid physical contact.

1. If the impediment or obstruction is caused by the size of a particular group of persons, all persons within the group are equally subject to this subsection.

2. Acts authorized by a special events permit do not constitute obstruction of pedestrian or vehicular traffic.

V. “Solicit” and all derivative forms of “solicit” means to ask, beg, or plead whether orally, non-verbally or in a written or printed manner, for the purpose of immediately receiving contributions, alms, charity, or gifts of items of value for oneself or another person.

W. “Aggressively solicit” means to solicit anything of value and intentionally engage in conduct that would likely intimidate a reasonable person, including but not limited to touching, following, persistently soliciting anything of value after being refused, using violent or threatening language or gestures, or taking similar actions for the purpose of inducing another person into giving anything of value regardless of the solicitor’s purpose. (Ord. C-848 § 1, 2015; Ord. C-756 § 1, 2011; Ord. C-715 § 4, 2010)

8.08.030 Nuisances designated.

The following specific acts, omissions, places and conditions and things, including but not limited to these are declared to be nuisances:

A. The erecting, maintaining, using, placing, depositing, leaving or permitting to remain in or upon any private lot, building, structure or premises, or upon any street, avenue, alley, parkway, or other public or private place in the City, of any one or more of the following disordered or disturbing places, conditions or things, such as:

1. The whole or any part of any dead animal, fish, or fowl, butchers’ trimmings and offal, or any putrid, unsound or unwholesome bones, meat, hides, skins or any waste vegetable or animal matter in any quantity; or

2. Privies, vaults, cesspools, sumps, pits, or like places, human excrement or waste in any quantity, or any liquid household waste which are foul or malodorous, or which are not securely protected from flies, rats, etc.; or

3. Filthy, littered or trash-covered cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or premises; or

4. Animal manure in any quantity which is not securely protected from flies and the elements or which is kept or handled in violation of any ordinance of the City; or

5. Junk, trash, litter, garbage, rubbish, bottles, cans, paper, cardboard, tires, old wood, wire and metal articles, cloth material, carpet, boxes, crates, packing cases, packing material, empty barrels, mattresses or other bedding, appliances or furniture and parts thereof, building materials and similar articles, ashes, combustible or flammable waste, bric-a-brac, broken stone or crockery, glass, plaster, excelsior, growing or severed hay, grass, straw or weeds, and all such trash and abandoned materials, or anything whatsoever which may be a fire danger, or that which constitutes a hazardous attraction to children, or in which flies or rodents may breed or multiply, unless they are kept in receptacles as required by City ordinance. As used in this chapter, “junk” refers only to materials left outside of any building and does not apply to materials stored inside a lawfully constructed building so long as such building is wholly enclosed except for doors for ingress and egress and does not create a health hazard; or

6. Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure, or any building or structure commenced and left unfinished; or

7. All places used or maintained as junkyards, or dumping grounds, or for the wrecking or dismantling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of any worn out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts or tires thereof, or for the leaving or storing of any machinery or equipment used by contractors or builders or by other persons; or

8. Any underground or abandoned pit, excavation well, or other uncovered hole into which a person could fall; or

9. Any noise caused by the operation of a machine between the hours of 9:00 p.m. and 7:00 a.m. which unreasonably causes annoyance or disturbs, or may annoy or disturb, other persons; or

10. Any sign, poster or other advertising matter of any nature placed upon any telegraph, telephone pole or other poles, trees, sidewalks, streets, signs, or other traffic control devices or other structures or places within the streets, alleys or other public places or rights-of-way; or

11. Any building, house, room or other structure or vehicle maintained or used for the purpose of lewdness, assignation, prostitution, as a place of resort where disorderly persons are allowed to congregate; or in which drunkenness is carried on or permitted; or structures damaged, dilapidated or deteriorated so as to become a harbor for vagrants, criminals or immoral persons, or so as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts, or acts as an attractive nuisance to minors; or

12. Toxic, radioactive, caustic, flammable, explosive or other dangerous or hazardous substances, except as housed where applicable and stored in accordance with health, environmental, refuse and zoning laws; or

13. Throwing, emptying or depositing or allowing to be thrown, emptied, or deposited into any privately or publicly owned refuse can, dumpster, or other receptacle any substances except those designated with the owner’s written permission; or

14. Maintaining or allowing to grow trees, plants, shrubs, or vegetation, or parts thereof, which overhang any sidewalk or street or which are growing thereon in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public, or block or impair the reasonable public view of traffic, street, or informational signs; or

15. The growing, permitting, or allowing the growth of any grass, weeds, or uncultivated bushes and/or vines to exceed eight inches in height, or any rank vegetable growth which exudes unpleasant or noxious odors, poison oak, poison ivy, or the like (whether growing or otherwise). When total removal of growth from a piece of property is impractical due to size, or to environmental factors, approved fuel breaks may be established between the land and the endangered property. The width of the fuel break shall be determined by the height, type, and the amount of growth, wind conditions, geographical conditions, and type of exposures threatened; or

16. Any nuisance defined in this chapter which is or has the potential to be detrimental to minors, whether in or on a structure, on the premises of a structure, or upon an unoccupied lot which is left in any place exposed or accessible to minors including, but not limited to, unused or abandoned refrigerators, freezers, or similar appliances or equipment or any parts thereof capable of maiming or entrapping minors, vehicles, any structurally unsound or unsafe fence or edifice, any unsecured or abandoned swimming pool, excavation, pit, well, cistern, open storage tank or shaft, or any lumber, trash, building materials, debris or vegetation which may prove a hazard or that which constitutes a hazardous attraction to minors; or

17. Any graffiti, comprised of an inscription, word, figure, painting, design, label, marking, symbol, or other defacement that is marked, etched, scratched, engraved, drawn, painted, sprayed, or otherwise affixed on any surface of public or private property, either natural or manmade; or

18. Solicit or aggressively solicit anything of value or to provide a service. (Ord. C-756 § 2, 2011; Ord. C-715 § 5, 2010)

8.08.040 Unlawful to store junk and listed vehicles.

A. It is unlawful and a violation of this chapter for the owner, the owner’s agent, or any occupant of any premises in the City to store, keep or accumulate junk vehicles on such property, or allow anyone else to store, keep or accumulate junk vehicles on such property.

B. It is a public nuisance to store a junk vehicle or part thereof on private property unless:

1. Junk vehicles, or parts thereof, are completely enclosed within a building or behind a sight-obstructed fence where it is not visible from the street or other public or private property. Any vehicles or parts thereof not stored in an enclosed building must be stored in the side or rear yards behind a sight-obstructing fence.

2. Antique vehicles, race cars or street rods as defined in RCW 46.37.518 that are currently in the process of restoration or use. No more than two vehicles may be stored at any one time.

3. Junk vehicles or parts thereof are stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer which property is fenced according to the zoning matrix for that land use, as applicable, of the Airway Heights Municipal Code.

C. Upon a determination that a vehicle is in violation of this chapter on private property, the Director shall issue a notice of civil violation pursuant to AHMC 8.08.140.

D. Upon failure of the property owner or last registered owner of record to abate said violation within the timeframe prescribed by the Director or his/her representative, the Director shall dispose of the vehicle or parts, and notify the Department of Licensing that the vehicle has been wrecked. The vehicle shall only be disposed as scrap.

E. The City’s reasonable cost for the enforcement and the cost of disposal hereunder shall become a charge against the property owner and/or the last registered owner of record of the vehicle and shall be recovered by the City.

F. The property owner or registered owner of the vehicle for whom a notice of civil violation was issued shall respond pursuant to AHMC 8.08.141. If it is determined that the vehicle was placed on the land without the consent of the land owner and that he/she has not subsequently acquiesced in its presence, then the cost of administration or removal of the vehicle shall not be assessed against or otherwise collected from the property owner. (Ord. C-848 §§ 2, 3, 2015; Ord. C-715 § 6, 2010)

8.08.050 Closing unoccupied building required.

It is unlawful for any agent or owner or person in control of any unoccupied building in the City to fail to keep the unoccupied building securely closed at all times against persons who may enter. (Ord. C-715 § 7, 2010)

8.08.060 Illegal dumping.

It is unlawful and a violation of this chapter for any person, company or organization to dump any material within the City limits, except at licensed solid waste disposal facilities. The only exception is dirt or fill and then can only be dumped at a location specified on either a public works permit or written permission from the Director. (Ord. C-715 § 8, 2010)

8.08.070 Fire hazard removal.

Any person served with a notice to remove any fire hazard or hazards as provided in AHMC 2.12.040(A)(5) shall comply therewith and promptly notify the Fire Chief. (Ord. C-715 § 9, 2010)

8.08.080 Street gangs.

Criminal street gangs and any pattern of criminal street gang activity are each declared to be a public nuisance in violation of this chapter and other applicable code provisions, including but not limited to the Uniform Code for the Abatement of Dangerous Buildings and Uniform Housing Code, subject to abatement through all available means. In addition thereto and without limitation, any pattern of criminal street gang activity and presence upon, and use of, property by a criminal street gang, with the owner’s knowledge or consent, constitutes a public nuisance and grounds for revocation of any permit or license regulating or authorizing the use of such property. (Ord. C-715 § 10, 2010)

8.08.081 Graffiti control.

A. Unlawful Application of Graffiti. It is unlawful for any person to paint, spray, chalk, etch, draw, mark, gum label, or otherwise apply graffiti on any natural or manmade surface on a public or, without written permission of the owner or occupant, privately owned: buildings, signs, walls, fences, permanent structures, property, or places or other surfaces within the City.

B. Unlawful Possession of Graffiti Implements or Paraphernalia – Exceptions.

1. It is unlawful for any person to have in his or her possession any graffiti implement or paraphernalia, in a manner or under circumstances demonstrating his or her intent to paint, spray, chalk, draw, etch, mark, or otherwise apply graffiti, while:

a. In a public place, or private property without the prior written consent of the responsible private party; or

b. On any school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations, or upon public property; or

c. While in or upon premises open to the public, or while in or upon any public facility, playground, recreational facility, or other public building or structure owned or operated by the City or while in or within 50 feet of an underpass, bridge, overpass, pedestrian crossing, bridge abutment, storm drain, retaining wall, transit shelter, or similar types of infrastructure unless otherwise authorized by the City or responsible public agency.

2. Exceptions.

a. The proscriptions of subsection (B)(1)(b) of this section shall not apply to the possession of broad-tipped markers or other implements by a student attending and actively enrolled in a class which formally requires use of such markers or implements, while the student is attending class or traveling to or from school at which the class is being attended. The burden of proof in any prosecution shall be upon the student to establish the need to possess a broad-tipped marker or other implement.

b. The proscriptions of subsection (B)(1)(b) of this section shall not apply to an authorized school employee, volunteer, contractor, or parent/guardian of a student attending class at the school.

c. The proscriptions of subsection (B)(1)(c) of this section shall not apply to an authorized City employee of the City or agents thereof, or its contractors or employees of other government agencies working with the City.

C. Allowing Graffiti to Remain. It is unlawful for any responsible private party to allow graffiti to remain, in any form, on any natural or manmade surface under their control once notified that said graffiti is a violation of this section and declared a nuisance by the Director. Notification is deemed accomplished whether verbally or by adhering to the provisions in AHMC 8.08.201.

D. Restitution – Community Service.

1. In addition to any punishment specified in this section, the court may order any violator to make restitution to the victim for damages or loss caused by the violator’s offense in the amount or manner determined by the court. For purposes of this section, if the City uses its funds and/or other resources to remove graffiti from City-owned property or, in agreement with the responsible private party, from non-City-owned property, the City shall be considered a victim for purposes of restitution.

2. In lieu of, or as part of, the penalties specified in this section, a violator may be required to perform community service as described by the court based on the following minimum requirements:

a. If the court wishes to impose community service in lieu of other penalties provided herein, the violator shall be ordered to perform at least 30 hours of community service; and

b. The entire period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police or his designee; and

c. Reasonable effort shall be made to assign the violator to a type of community service that is reasonably expected to have the most rehabilitative effect on the violator, such as community service that involves graffiti removal.

E. Action Against Parent/Guardian for Willful Injury to Property by Minor, Monetary Limitation – Common Law Liability Preserved. The parent/guardian of any minor child who is living with said parent/guardian and who shall willfully or maliciously destroy or deface property, real or personal or mixed, shall be liable to the owner of such property in a civil action at law for damages in an amount not to exceed $5,000. This section shall in no way limit the amount of recovery against the parent/guardian for their own common law negligence.

F. Rewards. The City may offer a reward not to exceed $300.00 for information leading to the identification and apprehension of any person who willfully damages or destroys any public or private property by the use of graffiti. The actual amount awarded shall be determined in the discretion of the Chief of Police. In the event of damage to public property, the offender or the parent/guardian of any unemancipated minor must reimburse the City for any reward paid. In the event of multiple contributors of information, the reward amount shall be divided by the City in the manner it shall deem appropriate. Claims for rewards under this section shall be filed with the Chief of Police or his designee. No claim for a reward shall be allowed unless the City investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied.

G. Penalty.

1. Any person who violates the provisions of subsection (A) or (B) of this section shall be guilty of a misdemeanor and may be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment.

2. Any person who violates the provisions of subsection (C) of this section shall upon conviction be penalized under the provisions set forth in AHMC 8.08.140. (Ord. C-848 § 4, 2015; Ord. C-756 § 3, 2011)

8.08.082 Interference with pedestrian or vehicular traffic.

A. A person is guilty of interference with pedestrian or vehicular traffic if, in a public place, the person obstructs pedestrian or vehicular traffic.

B. Any person who violates the provisions of this section shall be guilty of a misdemeanor and may be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. C-756 § 4, 2011)

8.08.083 Solicitation.

A. A person is guilty of solicitation if, in a public place, the person aggressively solicits or solicits without a business license.

8.08.090 Inspections.

The City employees may make inspections from the public rights-of-way, public streets or alleys, or they may enter upon private property with the consent of the property owner or occupant therefor to make inspections and also to abate conditions as provided in AHMC 8.08.130 and/or 8.08.160. If entry to the property is refused and the same is necessary to be had, the City may use any lawful means necessary to obtain entry. (Ord. C-715 § 11, 2010)

8.08.100 Interference.

Any person who knowingly hinders, delays or obstructs any City employee or other persons acting on direction of the Director in the discharge of his or her official powers or duties in abating a nuisance under this chapter shall be guilty of a gross misdemeanor. (Ord. C-715 § 12, 2010)

8.08.110 Alternative or additional remedies.

Violations of this chapter are considered a public nuisance. The provisions of this chapter may be used as an addition to or alternative to criminal penalties. This chapter shall be the means of enforcing the prohibition on storage, keeping or accumulation of junk, junk vehicles or the maintaining of a nuisance; provided, that if the City Attorney finds that civil procedures would not be timely or effective, or in the case of a second or subsequent violation, the City Attorney may charge violation of this chapter as a misdemeanor per AHMC 1.16.010. (Ord. C-715 § 13, 2010)

8.08.120 Voluntary compliance agreements.

The Director and/or his/her authorized agents shall investigate and inspect for violations of this chapter, and when a violation is observed, he/she shall attempt to contact the owner of the property or the owner’s agent or resident of the property and make reasonable attempts to seek voluntary compliance with this chapter. (Ord. C-715 § 14, 2010)

8.08.130 Voluntary correction agreements.

A. The Director may enter into a voluntary correction agreement with a person responsible for correcting a violation, which may be the owner, agent or occupant.

B. Any such voluntary correction agreement shall be a contract between the City and the person responsible, and shall follow a form to be approved by the City Attorney. It shall be entirely voluntary and no one shall be required to enter into such agreement.

C. In such contract the person responsible shall:

1. Acknowledge that the violation(s) exist, as shall be briefly there described;

2. Acknowledge that it is his/her responsibility to abate the violation;

3. Agree to do so by a certain date or within a specified time;

4. Agree to do so according to any conditions agreed to;

5. The person responsible also shall agree that if he/she does not accomplish the terms of such agreement the City may proceed without further notice to enter the premises and abate the condition, and to recover expenses and monetary penalties as provided by AHMC 8.08.140 but shall provide that if the person does accomplish the terms of the agreement within the timeframe specified therein, the City shall so acknowledge and then shall take no further actions or attempt to recover public cost already incurred.

D. The Director may agree to extend the time limit for correction set forth in such agreement or may agree to modify the required corrective action. However, the Director shall not agree to extend or modify the agreement unless the person responsible has shown due diligence and/or substantial progress in correcting the violation but has shown unforeseen circumstances which require such extension or modification. (Ord. C-715 § 15, 2010)

8.08.140 Enforcement.

A. Issuance of Notice of Civil Violation. When the City determines that a violation of this chapter has occurred or is occurring, the Director may issue a notice of civil violation to any person responsible for the violation.

B. Monetary Penalty. A monetary penalty shall accrue for each day or portion thereof that each violation continues beyond the date set in a notice of civil violation or any hearing examiner’s decision. For each violation, the penalty shall be $250.00 for the first day, $500.00 for the second day, and $1,000 for each subsequent day the violation exists up to a maximum monetary penalty of $5,000. The City may waive the monetary penalty if corrective action is completed by the date specified in the notice of civil violation or a voluntary correction agreement. The City shall have the discretion to impose penalties in an amount lower than those shown above.

C. Contents of Notice. The notice of civil violation shall include the following:

1. The name and address of a person responsible for the violation;

2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;

3. A description of the violation and a reference to the provision violated and a description of what must be done to correct the violation;

4. A statement indicating that the violator must respond to the notice of civil violation within 14 days of the date of issuance, or within such other time period as specified in the notice of civil violation, by doing one of the following:

a. Paying any fine and correcting the violation;

b. Entering into and complying with a voluntary correction agreement with the City; or

c. Requesting a hearing to contest the violation;

5. A statement indicating that failure to respond to the notice of civil violation, or failure to attend any hearing, shall result in the violation being deemed committed without further action by the City, and that the monetary penalty specified in the notice shall be due to the City by the violator and further accrue as provided herein; and

6. A statement indicating that payment of a monetary penalty does not relieve the person or entity named in the notice of civil violation of the duty to abate the violation, and that failure to abate may result in the issuance of additional notices of violation and/or criminal charges, with additional civil and/or criminal penalties, including the payment of costs for any abatement action taken by the City.

D. Extension. Upon written request received prior to the correction date or time, the Director may extend the date set for correction for good cause or in order to accommodate a voluntary correction agreement. The Director may consider substantial completion of the correction or unforeseeable circumstances which render completion impossible by the date established as a good cause. (Ord. C-848 § 5, 2015; Ord. C-715 § 16, 2010)

8.08.141 Response to notice of civil violation.

A. Generally. Pursuant to AHMC 8.08.140, a person who has been served with a notice of civil violation must respond to the notice within 14 days of the date the notice is served or within such other time period as specified in the notice of civil violation. A person may respond to the notice of civil violation by:

1. Paying the amount of the monetary penalty as set forth in the notice of civil violation. Partial payment or payment using a check that is rejected for insufficient funds shall not be deemed payment under this subsection. Payment of the fine shall not relieve the person or entity responsible for the violation from the duty to correct or abate the violation. Additional notices of violation may be issued if the violation goes uncorrected.

2. Entering into a voluntary correction agreement with the City pursuant to AHMC 8.08.130.

3. Contesting the notice of civil violation pursuant to AHMC 8.08.150 by requesting a contested hearing in writing and sending the request to the City as described in subsection (B) of this section.

B. Method of Response. The person or entity to whom a notice of civil violation has been issued may respond by mailing or hand-delivering the response to the City Clerk. Mailed responses must be received no later than the fourteenth day from the date of service of the notice of civil violation or such other day as specified in the notice of civil violation. Hand-delivered responses must be brought to the City Clerk no later than 4:30 p.m. on the fourteenth day after service or such other day as specified in the notice of civil violation; provided, that where the fourteenth or other specified day falls on a weekend or holiday, the deadline shall be extended to the next regular business day. Telephone, facsimile, or email responses shall not satisfy the requirements of this section. The response deadline may be stayed for a time certain by the Director, if the responsible person or entity is engaged in active discussions with the Code Enforcement Officer and the Code Enforcement Officer determines there is a reasonable probability that such discussions may result in compliance.

C. If the person to whom the notice of civil violation is issued fails to respond as required in the notice of civil violation and this chapter, the violation(s) shall be deemed committed without requiring further action by the City or the City’s Hearing Examiner, and the person to whom the notice of civil violation was issued shall owe the monetary penalty indicated. (Ord. C-848 § 6, 2015)

8.08.150 Appeal.

A. Appeal Procedure.

1. All appeals shall be filed in writing with the Director or other such agency as the City may designate. All appeals must be filed within 14 calendar days of the date of the issuance of the citation, decision or interpretation.

2. All appeals to the Hearing Examiner shall contain the following:

a. The names of appellants participating in the appeal;

b. A brief statement setting forth the action appealed and a separate and concise statement of the error alleged to have been committed by the Director, and a concise statement of facts upon which the appellant relies to sustain the statement of error;

c. The signature of the appellant(s), telephone numbers and mailing addresses;

d. Verification, by declaration under penalty of perjury, of at least one appellant of the truth of the matter stated in the appeal. Upon receiving the appeal, the Clerk-Treasurer or their designee shall transmit the same to the designated Hearing Examiner as provided herein.

3. Failure of any person to file a timely appeal or failure of any person who has filed an appeal to attend the scheduled hearing shall constitute a waiver of his or her right to an appeal hearing.

4. Costs of Appeal. In cases where the City’s decision is upheld by the Hearing Examiner, said Hearing Examiner shall award the City its reasonable costs of enforcement including those associated with the appeal.

B. Hearing Examiner – Appointment. The City Manager shall appoint one or more Hearing Examiners to hear appeals relating to the interpretation and/or enforcement of this chapter. The Hearing Examiner may not be a City employee and shall not be an employee of the City Attorney’s office. Contracts may be entered into by the person to act as Hearing Examiner, to be compensated as shall be provided therein and paid out of money made available and budgeted therefor.

1. Hearing Examiner – Powers and Duties. A Hearing Examiner shall hear all appeals taken from the administration of this chapter. The Hearing Examiner shall hear evidence presented by the City Attorney and/or the Director. The Hearing Examiner shall likewise hear evidence presented by the person appealing the decision or interpretation. The Hearing Examiner shall give substantial weight to the Director’s decision/interpretation and shall substitute his/her judgment only upon a showing by the appellant that the Director’s decision/interpretation is arbitrary and capricious or clearly erroneous. Formal rules of evidence need not be followed but witnesses shall be sworn by the Hearing Examiner and a written order issued.

2. Hearing Decision. At the conclusion of the hearing on the violation, the Hearing Examiner shall either: (a) affirm the issuance of the notice of abatement if he or she determines by a preponderance of the evidence that the violation exists substantially as stated in the notice of abatement; (b) dismiss the notice of abatement and grant the appeal if he or she determines that the violation does not exist substantially as stated in the notice of abatement; or (c) modify the notice of abatement depending on the specifics of the violation. The hearing examiner’s decision shall be supported by findings of fact and conclusion of law based on the record. The Hearing Examiner’s decision should be entered within 10 working days of the conclusion of the hearing, but the failure to render a decision within such timeframe does not affect the validity of the decision. A copy of the Hearing Examiner’s decision shall be mailed to the property owner of record, the Director, and to any known tenant or occupant of the property where the violation is occurring or alternately personally delivered or posted on the property. A copy of the final order of the Hearing Examiner shall be mailed to the appellant(s) within three working days following the entry of a written order under this section. Unless otherwise stated in the order, such order shall be final and conclusive 14 calendar days from the date of mailing thereof unless any party of record makes application to the Spokane County Superior Court for judicial review and stay of enforcement.

C. Representation by Attorney. A person subject to proceedings under this chapter may appear on his or her own behalf or be represented by counsel. The prosecuting attorney representing the City may, but need not, appear in any proceedings under this chapter. (Ord. C-715 § 17, 2010)

8.08.160 Abatement by the City.

A. Abatement by the City. The City may perform the abatement required when:

1. The terms of a notice of civil violation that has not otherwise been appealed pursuant to AHMC 8.08.140 have not been complied with; or

2. The terms of a voluntary compliance agreement pursuant to AHMC 8.08.120 have not been met; or

3. A final order of the Hearing Examiner has been issued in favor of the City pursuant to AHMC 8.08.150 has not otherwise been appealed; or

4. A Hearing Examiner’s final order is appealed pursuant to AHMC 8.08.150 and the City prevails; or

5. The condition is subject to summary abatement as provided for in this chapter.

B. Summary Abatement. Whenever any nuisance causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the property owner of record as soon as reasonably possible, and may be given either before or after the abatement. No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the City be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is mailed, to the property owner of record, or personally delivered or posted on the property in accordance with the provisions of this chapter.

C. Authorized Action by the City. If the City is entitled to perform an abatement pursuant to this chapter, using any lawful means, the City or its authorized agents may enter upon the subject property and may take preventative measures, remove, or correct the condition that is subject to abatement. The City may seek judicial process, such as obtaining a warrant of abatement from Spokane County superior court pursuant to Chapter 7.48 RCW, as it deems necessary, or when the situation so requires, to effect taking preventative measures, or cause the removal or correction of such condition. The City may use its own resources to abate a violation.

D. Removal of Junk Motor Vehicle(s) or Parts Thereof. If the property owner of record for a nuisance involving a junk motor vehicle(s), or any parts thereof, fails to correct his/her nuisance within the date specified in the order or notice of summary abatement, the City, upon notification from the Director, may enter the subject property to inspect and certify that a vehicle meets the criteria of a junk motor vehicle as defined in this chapter. The law enforcement officer or City agent making the certification shall record the make and vehicle identification number or license number of the vehicle if available and/or legible, and shall also document in detail the damage or missing equipment to verify whether the approximate value of the vehicle is equivalent only to the approximate value of the scrap in it if that is one of the definitional criteria that was alleged in the notice of abatement issued by the City. The vehicle shall only be disposed of as scrap. The City shall maintain a photographic record of all abated junk motor vehicles for a period of two years following abatement.

E. Recovery of Costs and Expenses. The costs of abating a condition that constitutes a nuisance under this chapter, including all incidental expenses, shall be billed by certified or registered mail, with a five-day return receipt requested, to the property owner of record at their last known address and shall become due and payable to the City within 15 calendar days of the date of mailing the billing for abatement. The term “incidental expenses” includes, but is not limited to, personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation, towing/hauling, storage and removal/disposal expenses, and actual expenses and costs of the City in preparing notices, specifications and contracts associated with the abatement, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property. The City may, in its sole discretion, contract with third parties for the collection of costs and expenses. (Ord. C-848 § 6, 2015; Ord. C-715 § 18, 2010)

8.08.170 Lien – Authorized.

The City shall have a lien for the cost of any abatement proceedings under this chapter or for any of the abatement work that was performed as provided for in accordance with any lien provisions authorized by applicable state law. The lien shall run with the land and shall be of equal rank with state, county and municipal taxes.

A. The Director shall cause a claim for lien to be filed for record no sooner than 15 calendar days of the date of mailing the billing for abatement.

B. The claim of lien shall contain sufficient information regarding the notice of abatement, as determined by the Director, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.

C. Any such claim of lien shall be verified by the Director, and may be amended to reflect changed conditions. (Ord. C-715 § 19, 2010)

8.08.180 Liability for abatement.

Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property caused by a former owner is liable therefor in the same manner as the owner who created it. (Ord. C-715 § 20, 2010)

8.08.190 No duty created.

No particular duty, relationship, liability or obligation of the City or any official to any particular individual, group or entity shall be deemed created because of this chapter or because of any action or inaction pursuant to its provisions or authority. (Ord. C-715 § 21, 2010)

8.08.200 Conflicts.

In the event of a conflict between this chapter and any other provision of this code, or other City ordinance providing for a civil penalty, this chapter shall control. (Ord. C-715 § 22, 2010)

8.08.201 Service of documents.

A. Methods of Service. For purposes of this chapter, service of documents related to code enforcement, such as correction notices, notices of civil violation, stop work orders, etc. (hereinafter “document”), shall be accomplished by one of the following methods; provided, that civil infractions shall be served as provided in Chapter 7.80 RCW and criminal misdemeanors and gross misdemeanors shall be served as provided by applicable law:

1. “Personal service” is accomplished by handing the document to the person subject to the document or leaving it at his or her last known dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or leaving it at his or her office or place of employment with a person in charge thereof. Personal service may also be accomplished by the Hearing Examiner or his or her assistant handing any order, ruling, decision, or other document to a person prior to, during, or after a hearing.

2. “Service by mail” is accomplished by sending the document by certified mail to the last known address of the person subject to the document. The last known address shall be an address provided to the City by the person to whom the document is directed. If an address has not been provided to the City, the last known address shall be any of the following as they appear at the time the document is mailed: the address of the property where the violation is occurring, as reflected on the most recent equalized tax assessment roll of the county assessor or the taxpayer address appearing for the property on the official property tax information website for Spokane County; the address appearing in any database used for the payment of utilities for the property at which the violations are occurring; or the address of the person to whom the documents are being sent that appears in the Washington State Department of Licensing database.

3. “Service by posting” is accomplished by affixing a copy of the document in a conspicuous place on the subject property or structure, or as near to the affected property or structure as feasible, with at least one copy of such document placed at an entryway to the property or structure if an entryway exists.

4. “Service by publication” is accomplished by publishing the document as set forth in RCW 4.28.100 and 4.28.110, as currently enacted or hereafter amended.

B. Service – When Complete. If service is accomplished by personal service, service shall be deemed complete immediately. If service is accomplished by mail, service shall be deemed complete upon the third day following which the document is placed in the mail, unless the third day falls on a Saturday, Sunday, or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day. If service is accomplished by posting, service shall be deemed complete upon the fourteenth day following the day upon which the document is posted. If service is accomplished by publication, service shall be deemed complete upon the final publication of the document as set forth in RCW 4.28.110.

C. Proof of Service – Due Diligence. Proof of service shall be made by written affidavit or declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service and the manner by which service was made. If service was made solely by posting or publication, the proof of service shall include a statement as to what steps were used in attempting to serve personally and by mail the person at whom service of the document is directed. If service was made by posting, a photograph of the posting may be taken and retained by the City as documentation.

D. Additional Proof of Service Not Necessary. No additional proof of service beyond the requirements in this chapter shall be required by the Hearing Examiner or other entity. Any failure of the person to whom a document is directed to observe a document served by posting or publication shall not invalidate service made in compliance with this section, nor shall it invalidate the document. (Ord. C-848 § 7, 2015)