Chapter 8.10
CHRONIC NUISANCE PROPERTIES
Sections:
8.10.040 Declaration of chronic nuisance property and procedure.
8.10.060 Correction agreement.
8.10.080 Commencement of action.
8.10.120 Suspension or revocation of business license.
8.10.010 Purpose.
People should be able to enjoy ownership, use and possession of property without negative interference from chronic nuisance properties. The intent of the City Council in enacting this chapter is to exercise specific powers granted by the state of Washington to declare what shall be a nuisance, abate the same, and impose fines upon parties who create, continue, or suffer nuisances to exist. In addition, the City Council intends to exercise the specific power granted by the state of Washington to provide for the punishment of all practices dangerous to public health or safety, and to make all regulations necessary for the preservation of public morality, health, peace, and good order within its limits.
Chronic nuisance properties present significant health, safety and welfare concerns, where the persons responsible for such properties fail to take corrective action to abate the nuisance condition. Chronic nuisance properties can have a tremendous negative impact upon the quality of life, safety and health of the neighborhoods where they are located. Chronic nuisance properties can be a financial burden to the City due to repeated calls for service necessitated by nuisance activities that repeatedly occur or exist on such properties. This chapter is enacted to provide a remedy for nuisance activities that are particularly disruptive to quality of life and repeatedly occur or exist at properties and to provide a practical process for abating such activities and for holding accountable the persons ultimately responsible for such properties. This remedy is not the exclusive remedy available under state or local laws and may be used in conjunction with such other laws. (Ord. C-1010 § 2, 2023)
8.10.020 Definitions.
For purposes of this chapter, the following words or phrases shall have the meaning prescribed below:
A. “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.
B. “Director” has the same meaning as defined in AHMC 8.08.020(E).
C. “City Attorney” means the City Attorney of the City of Airway Heights or his or her designee(s).
D. “Chronic nuisance property” means the following:
1. A property on which any nuisance activities as described in this section exist or have occurred three or more times during any 60-day period; or
2. A property on which seven or more nuisance activities as described in this section exist or have occurred during any 12-month period; or
3. A property which, upon a request for execution of a search warrant, has been the subject of a determination by a court two or more times within a 12-month period that probable cause exists that illegal possession, manufacture or delivery of a controlled substance or related offenses as defined in Chapter 69.50 RCW has occurred on the property; or
4. A property on which any pattern of criminal street gang activity, as defined by AHMC 8.08.020(J), has occurred.
E. “Control” means the power or ability to direct or determine conditions, conduct, or events occurring on a property.
F. “Nuisance activity” includes the following:
1. A “most serious offense” as defined in RCW 9.94A.030;
2. A “drug-related activity” as defined in RCW 59.18.130;
3. Promoting, advancing or profiting from prostitution as defined in Chapter 9A.88 RCW and AHMC 9.12.020;
4. Any of the following activities, violations, offenses, behaviors or criminal conduct:
a. Assault, fighting, and other offenses involving physical harm, as defined in AHMC 9.20.080 and 9.20.090;
b. Sexual offenses, as defined in Chapter 9A.44 RCW;
c. Obstructing law enforcement personnel, as defined in AHMC 9.08.030;
d. Disorderly conduct, public nuisance, or other nuisance, as defined in Chapter 9.20 AHMC;
e. Public indecency, as defined in Chapter 9.12 AHMC;
f. Contributing to the delinquency of a minor, as defined in Chapter 9.32 AHMC;
g. Weapons offenses, as defined in Chapter 9.36 AHMC;
h. Trespass, prowling, theft, possession of stolen property, or fraud as defined in Chapters 9.24 and 9.28 AHMC;
i. Arson, reckless burning, and malicious mischief offenses, as defined in RCW 9A.48.050, 9A.48.060, 9A.48.090, or 9A.48.100;
j. Any other nuisance designated in AHMC 8.08.030;
k. Any attempt, solicitation, or conspiracy to commit any of the above activities, behaviors or conduct as defined in RCW 9A.28.020, 9A.28.030, or 9A.28.040.
G. “Owner” means any person who, alone or with others, has title or interest in any property.
H. “Person” means an individual, group of individuals, corporation, partnership, association, club, company, business trust, joint venture, organization, or any other legal or commercial entity or the manager, lessee, agent, officer or employee of any of them.
I. “Person in charge” of a property means the owner and, if different than the owner, any or all other persons in actual or constructive possession of a property, including, but not limited to, a lessee, tenant, occupant, agent, or manager of a property under his or her control.
J. “Property” means any land, that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure, or any separate part, unit or portion thereof.
K. “RCW” means the Revised Code of Washington, as in effect at the date of enactment of this chapter or as thereafter amended.
L. “AHMC” means the Airway Heights Municipal Code as in effect at the date of enactment of this chapter or as thereafter amended.
M. For purposes of this chapter, whenever the context so requires, terms used in the singular shall include the plural, and terms used in the plural shall include the singular. (Ord. C-1010 § 2, 2023)
8.10.030 Violations.
A. Any property within the City of Airway Heights which is a chronic nuisance property is in violation of this chapter and subject to its remedies.
B. It is the responsibility of all persons in charge of a property to ensure that the provisions of this code are met on any property they own, possess, or control. Any person in charge of a property declared to be a chronic nuisance property shall be in violation of this chapter and subject to its remedies. (Ord. C-1010 § 2, 2023)
8.10.040 Declaration of chronic nuisance property and procedure.
A. A Director may declare that a property is a chronic nuisance property, as defined in this chapter, when there are specific facts and circumstances documenting:
1. The occurrence of three or more nuisance activities on a property within 60 days;
2. The occurrence of seven or more nuisance activities on a property within a 12-month period; or
3. A property which, upon a request for execution of a search warrant, has been the subject of a determination by a court two or more times within a 12-month period that probable cause exists that illegal possession, manufacture or delivery of a controlled substance or related offenses as defined in Chapter 69.50 RCW has occurred on the property.
B. Where a residential property is comprised of multiple dwelling units, the Director may confine the declaration of a chronic nuisance property to the dwelling unit(s) associated with the nuisance activity unless a broader declaration is needed to achieve the intent of this chronic nuisance chapter; provided, however, the owner(s) and person(s) in charge shall still have the same responsibilities and/or obligations under this chapter to address the chronic nuisance property and be subject to the same remedies.
C. The Director shall provide written notice of this declaration to the owner(s) and person(s) in charge of the property. The notice shall be sent by first class mail or personally served, and a copy shall be sent by certified mail. If the person(s) in charge cannot after due diligence be personally served within Spokane County and if an address for mailed service cannot after due diligence be ascertained, the notice of declaration shall be served by posting a copy of said notice conspicuously on the affected property. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service declaring the time and date of service, the manner by which the service was made and, if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail.
D. The notice shall include:
1. The title and name of the Director who is pursuing the abatement of nuisance activities on the property under this chapter;
2. The street address or a legal description sufficient for identification of the property;
3. A declaration that the Director has determined the property has become a chronic nuisance property with a concise description of the nuisance activities that exist or that have occurred;
4. A notice that the owner(s) and/or person(s) in charge of the property are subject to monetary penalties as set forth in this chapter;
5. A demand that the owner(s) and/or person(s) in charge of the property respond to the Director within seven calendar days of service of the notice to discuss a course of action to correct the nuisance activities. Service of the notice shall be considered the date the person in charge is personally served or the date on which the notice is mailed certified mail;
6. A notice that if the owner(s) or person(s) in charge do not respond to the Director as required in this section, or if the matter is not voluntarily corrected, the City may initiate an action to abate the property as a chronic nuisance property and take other action against the property, the owner(s), or person(s) in charge as provided in this chapter or as otherwise permitted by law.
E. If the owner(s) or person(s) in charge respond as required by the notice issued pursuant to this section and agrees to a course of action to abate the nuisance activities, a written correction agreement conforming to the requirements of AHMC 8.10.060 shall be executed.
F. Each owner and person in charge shall be jointly and severally liable with all other owners and persons in charge for any penalty, order or other remedy assessed and/or entered in accordance with this chapter. The Director’s failure to send a notice of declaration to all persons in charge shall not be a defense to liability under this chapter for any owner(s) or person(s) in charge who is provided with a notice of declaration as provided by this chapter. (Ord. C-1010 § 2, 2023)
8.10.050 Cooperation.
A. Owner Cooperation. An owner who receives a copy of a notice pursuant to AHMC 8.10.040 shall promptly take reasonable steps requested in writing by the Director to assist in abatement of the chronic nuisance property. Such reasonable steps may include, but is not limited to, the owner pursuing eviction of the person in charge and/or tenants that are causing or permitting the chronic nuisance activities.
B. Person in Charge Cooperation. A person in charge who receives a copy of a notice pursuant to AHMC 8.10.040 shall promptly take reasonable steps requested in writing by the Director to assist in abatement of the chronic nuisance property. (Ord. C-1010 § 2, 2023)
8.10.060 Correction agreement.
A. A correction agreement is a contract between the City and the owner(s) and/or person(s) in charge of the chronic nuisance property in which such person agrees to immediately take all lawful and reasonable actions, which shall be set forth in the agreement, to abate the nuisance activities within a specified time and according to specified conditions. The agreement shall be signed by the person(s) in charge. The agreement shall include the following:
1. The name and address of the owner(s) and/or person(s) in charge of the property;
2. The street address or a description sufficient for identification of the property, building, structure, unit or portion of the property if applicable, upon or within which the nuisance is occurring;
3. A description and acknowledgment by the owner(s) and/or person(s) in charge of the property of the nuisance activities;
4. The necessary corrective action to be taken, and a date or time by which correction must be completed;
5. An agreement by the person in charge that the City may inspect the property as may be necessary to determine compliance with the correction agreement;
6. An agreement by the person in charge that the City may abate the nuisance and recover its costs and expenses and monetary penalties pursuant to this chapter from the person in charge for the nuisance if the terms of the correction agreement are not met.
B. 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 in charge has shown due diligence and/or substantial progress in correcting the nuisance activities, or has shown unforeseen circumstances which require such extension or modification. (Ord. C-1010 § 2, 2023)
8.10.070 Penalties.
A. Except as provided in this section, in addition to any other sanction or remedial procedure that may be available, the person in charge is subject to a penalty of $500.00 per day from the date of the notice issued pursuant to AHMC 8.10.040 until the Director confirms that the property is no longer a chronic nuisance property.
B. If the agreed course of action results in the abatement of nuisance activities to the satisfaction of the Director within 30 days of the notice issued pursuant to AHMC 8.10.040, or such longer period allowed by the Director in writing, the matter shall be closed without further action or penalty against the person in charge.
C. An owner who fails to comply with AHMC 8.10.050 is subject to a civil penalty of up to $25,000.
D. A person in charge who has previously been found to have violated this chapter related to the same chronic nuisance property within the preceding 24 months shall be subject to double the penalties provided in subsection (A) of this section.
E. The person in charge is not relieved of the duty to correct the violation by paying the penalty associated with such violation. (Ord. C-1010 § 2, 2023)
8.10.080 Commencement of action.
Upon referral from the Director, the City Attorney may initiate an action in Spokane County Superior Court to abate a chronic nuisance property, and seek penalties pursuant to this chapter, alternative remedies under City or state laws, and seek any other relief authorized by law. (Ord. C-1010 § 2, 2023)
8.10.090 Burden of proof.
The City shall have the burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property pursuant to this chapter. In an action against the owner to recover penalties authorized by AHMC 8.10.070(C), the City shall have the burden to prove by a preponderance of the evidence that the owner failed to comply with AHMC 8.10.050. Copies of police incident reports, reports of other City departments documenting nuisance activities, and witness statements shall be admissible in such actions. Additionally, evidence of a property’s general reputation and the reputation of persons residing in, owning, carrying out business at, or frequenting the property shall be admissible in such actions. (Ord. C-1010 § 2, 2023)
8.10.100 Remedies.
A. If the court determines a property is a chronic nuisance property pursuant to this chapter, the court shall enter an appropriate order directing the person in charge to immediately abate the nuisance activity from occurring on the property and shall award the City its reasonable attorneys’ fees and costs in such action. In addition, the court may order any or all of the following:
1. Order the person in charge to cease renting or leasing the property;
2. Order that the Director shall have the right to inspect the property to determine if the court’s orders have been complied with by the person in charge;
3. Impose a penalty of up to $500.00 per day against the person in charge for each day from the date the notice was issued until the Director confirms that the property is no longer a chronic nuisance property;
4. Order the property closed and secured against all unauthorized access, use and occupancy for a period up to one year;
5. Make any other order that will reasonably abate nuisance activities from occurring on the property, including authorizing the City to take action to abate nuisance activities from occurring upon the property if other court orders are not complied with or do not abate nuisance activity on the property; and/or
6. Assess and impose costs against the person in charge of the property in the amount it costs the City to abate, or attempt to abate, the chronic nuisance activity.
B. If the court finds that an owner failed to take all reasonable steps requested in writing pursuant to AHMC 8.10.050, the court may impose a civil penalty up to $25,000. (Ord. C-1010 § 2, 2023)
8.10.110 Additional remedies.
In addition to the remedies authorized by this chapter, if, as part of its order abating a chronic nuisance property, the court orders a person in charge to cease renting or leasing a residential property, the court may order the person in charge to pay relocation assistance not to exceed $3,000 to any tenant (A) who must relocate because of the order of abatement, and (B) the court finds the tenant did not cause or participate in nuisance activities at the property. For the purposes of this section, the term “tenant” shall have the same meaning as set forth in RCW 59.18.030. (Ord. C-1010 § 2, 2023)
8.10.120 Suspension or revocation of business license.
In addition to any other remedy that is authorized by this chapter or other laws, upon the finding by a court that a property is a chronic nuisance property pursuant to this chapter, the City may suspend or revoke a business license or other City license issued to the property, owner, person in charge and/or person operating a business on the property. (Ord. C-1010 § 2, 2023)