Chapter 10.30
NUISANCES
Sections:
10.30.030 Violations—Abatement.
10.30.040 Personal property and/or abandoned property in the right-of-way or city/public property.
10.30.050 Compression brakes prohibited.
10.30.060 Violation—Order to abate.
10.30.010 Defined.
“Nuisance,” for the purposes of this chapter, is defined to have the following meanings:
A. Any condition or use of premises or of buildings which is determined to, or damages the property of others or which causes or tends to cause substantial diminution in the values of other property in the city or neighborhood in which such premises or buildings are located, although the extent of the detriment, damages, or diminution may be unequal; or
B. Doing an act or omitting to perform a duty, which act or omission either annoys, injures, or endangers the comfort, repose, health, or safety of others; offends decency; or interferes with, obstructs, or tends to obstruct, or renders dangerous for passage any waterway, public park, square, street, alley, sidewalk or highway in the city; or in any way renders other persons insecure in life or in the use of property. (Ord. 2189 § 1 (part), 2007: Ord. 2093 § 1, 2002: Ord. 1688 § 13 (part), 1990).
10.30.020 Definitions.
A. “Abandoned vehicles” means nonoperating or abandoned vehicles or parts thereof which are discarded or left in a state of partial construction or repair in any front, side or rear yard or vacant lot. The responsible party may have on his or her property at any one time one nonoperating or abandoned vehicle outside an enclosed building for a period not to exceed fourteen days. For purposes of this chapter, unlicensed vehicles or vehicles with expired licenses shall be considered nonoperating and in violation of this chapter.
B. “Storage of personal property and/or abandoned property in the right-of-way or on city/public property” shall include all personal and household items, furniture, appliances, machinery, equipment, building materials or other items for personal use, in addition to junk, litter and refuse, as further defined in this section, that have been discarded or stored within or on the right-of-way or on city/public property.
C. “Ashes” consists of cinders or residue from the combustion of coal, coke, wood, or other combustible material.
D. “City/public property” includes all parks, parcels and property within the city of Centralia that are legally under the ownership of the city. “City property” shall also include easements, roads, improved and unimproved parking strips, sidewalks, gutters, public storm sewers and planting strips.
E. “Junk” includes old appliances or parts thereof, iron or metal, glass, cardboard, lumber, wood, mattresses, furniture and other cloth or plastic materials.
F. “Litter” includes paper, waste and other discarded material.
G. “Obstruction of ways” means the closing of any street or alley unlawfully, or the partial obstruction thereof; or the closing of any public sidewalk unlawfully, or the partial obstruction thereof.
H. “Offensive odors” means the accumulation of filthy, stagnant, or impure water, vegetables, decayed or decaying substances, or other matter or material which may cause or tend to cause or create a noisome or offensive smell or atmosphere.
I. Owner. Any person shall be deemed an “owner” of property who has a general or special interest in the whole or any part thereof, or lawful possession thereof, either actual or constructive.
J. “Premises” means land and buildings contained on a tax parcel.
K. “Refuse” includes all sweepings, cleanings, trash, dirt, garbage, industrial or domestic waste, discarded food, animal and vegetable matter, cans, bottles, tree or shrub trimmings, grass clippings or other yard wastes, wood, stone, brick, plaster, and material resulting from the demolition, alteration, and construction of buildings or structures or any other waste substance which may become a nuisance.
L. “Right-of-way” means a strip of land occupied or intended to be occupied by a street, alley, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or other special use. The right-of-way may be improved or unimproved.
M. “Hazardous weeds” as defined in CMC 9.08.010.
N. “Pits and excavations” means leaving open any ditch or excavation upon public property which is dangerous to life and limb, unless there is a sign visible from sixty feet marked “dangerous” and marked at night with an appropriate light.
O. “Putrescibles” means the carcass of any animal, or any fish or fowl, or unsound meat, or any noisome or offensive liquid.
P. “Refuse in public places” means the keeping, casting, or leaving of any cans, bottles, glass, tacks, refuse, junk, or litter upon any street, sidewalk, alley, public square, or park.
Q. “Unwholesome premises” means slaughterhouses, markets, cellars, stores, wholesale or retail establishments, or other buildings or structures or places which are not kept clean and free from filthy, putrid, or offensive substances or substances or deposits which may engender or cause disease.
R. “Waste” means causing or allowing any human or animal waste or noxious substance to be collected or to remain in any place, street, highway, or alley in the city in a manner which is reasonably offensive to the public. (Ord. 2441 § 1, 2020: Ord. 2331 § 2, 2014: Ord. 2189 § 1 (part), 2007: Ord. 2102 § 1, 2003: Ord. 2093 § 2, 2002: Ord. 1688 § 13 (part), 1990).
10.30.025 Nuisances declared.
The following are deemed nuisances as defined in CMC 10.30.010 and 10.30.020:
A. Abandoned vehicles.
B. Storage of personal property and/or abandoned property in the right-of-way or on city/public property.
C. Ashes.
D. Junk.
E. Litter.
F. Obstruction of ways.
G. Offensive odors.
H. Refuse.
I. Hazardous weeds.
J. Pits and excavations.
K. Putrescibles.
L. Refuse in public places.
M. Unwholesome premises.
N. Causing or allowing any human or animal waste or noxious substance to be collected or to remain in any place, street, highway, or alley in the city in a manner which is reasonably offensive to the public. (Ord. 2441 § 2, 2020: Ord. 2331 § 3, 2014: Ord. 2189 § 1 (part), 2007).
10.30.030 Violations—Abatement.
A. Investigation of Complaint. Upon receipt of information or upon personal observation that a nuisance exists as defined in this chapter, the enforcement officer shall cause an investigation of the matter and premises involved. All entries upon premises for the purpose of this chapter shall be subject to subsection (I) of this section.
B. Abatement Procedure. After having made a finding that a nuisance exists, the enforcement officer shall require the owner of the premises involved, as listed by the Lewis County assessor’s office, to abate the nuisance at his or her own cost and expense, in whole or in part. The enforcement officer shall give written notice to the owner describing the property involved, the condition to be corrected, and a specified reasonable time within which the owner must correct the condition, which shall not be less than fourteen days from the date of service by mail as evidenced by the postmark on the notice. In the event of an emergency condition, of which the enforcement officer shall be the sole judge, the time of compliance may be reduced to twenty-four hours. The notice must further specify:
1. That if the owner fails to abate the nuisance within the specified period of time, the city shall cause the work to be performed and shall assess all or any portion of the cost thereof against the owner;
2. That the owner may be liable for civil penalties for each day or part of day that the condition continues to exist following the notice; and
3. That the owner additionally may be liable to criminal prosecution, as provided in this chapter.
C. Service of Notice of Violation. The notice given by the enforcement officer to the owner shall be deposited in the United States Mail by certified mail with a return receipt requested or shall be personally served by delivering a copy thereof to the owner or by leaving the same with a person of suitable age (eighteen years or older) and discretion at the owner’s place of residence. If the owner is not a resident of the city, the notice shall be served by leaving the same with the tenant in possession of the property or, if there is no such tenant, by posting a copy of the notice in a conspicuous place on the property involved, and by mailing a copy thereof to the owner at his or her last known address as listed by the Lewis County assessor’s office, if any. Service by mail will be deemed complete at the end of the third full day following its deposit in the U.S. Mail, postage prepaid.
D. Failure to Comply with Notice of Violation. After the time for compliance and a notice of violation has expired, the code enforcement officer shall reinspect the premises and determine if the violation has been abated as required in the notice of violation. In the event of no action or insufficient action to abate the violation, the code enforcement officer may take any and all means necessary to enforce the applicable code, including but not limited to: issuance of civil infractions, issuance of criminal citations, commencement of civil, criminal, and equitable proceedings with the assistance of the city attorney to abate a nuisance and have the nuisance abated by the city.
E. Liability for Costs of Abatement. The property owner shall be liable for all costs and expenses associated with a nuisance abatement conducted by the city of any building, structure or on the premises. In all cases where the city abates any such nuisance, the enforcement officer shall keep an account of all costs and expenses attending such abatement. The amount of the cost of such abatement shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. Upon certification to the Lewis County treasurer by the finance director of the city of Centralia, the treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for delinquent taxes, and when collected to be deposited to the credit of the general fund of the municipality. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes.
F. Liability for Continuing Nuisance. Every successive owner or occupant of property who neglects to abate a continuing nuisance upon or in the use of such property caused by a former owner is liable thereof in the same manner as the owner who created it.
G. Cumulative Effect of Chapter. The provisions of this chapter shall be cumulative and in addition to the provisions of the now existing ordinances of the city, and shall not have the effect of repealing any ordinance of the city now in effect.
H. Violations—Civil Infraction—Misdemeanor—Gross Misdemeanor.
1. Any person, firm or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed the following:
a. First Offense. Constitutes a Class 1 civil infraction with the maximum assessment not to exceed the amount of two hundred fifty dollars, not including statutory assessments.
b. Second Offense. Constitutes a misdemeanor and, if found guilty, shall be subject to a fine not to exceed one thousand dollars, plus costs and assessments, and/or imprisonment not to exceed ninety days or to both such fine and imprisonment. A second offense shall mean a violation of this chapter which is committed at the same location by the same individual within one calendar year of the first offense.
c. Third or Subsequent Offenses. Constitutes a gross misdemeanor and, if found guilty, shall be subject to a fine not to exceed five thousand dollars, plus costs and assessments, and/or imprisonment not to exceed three hundred and sixty-five days or both such fine and imprisonment. A third or subsequent offense shall mean a violation of this chapter which is committed at the same location by the same individual within one calendar year of the first offense.
I. Right of Entry for Inspection and Code Enforcement. Whenever necessary to make an inspection to enforce any provision of this code, or whenever there is reasonable cause to believe that there exists a violation of this code in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this code; provided, that except in emergency situations, he or she shall first give the owner and/or occupant, if they can be located after reasonable effort, seventy-two hours’ written notice of the authorized official’s intention to inspect. In the event the owner and/or occupant refuses entry, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 2189 § 1 (part), 2007: Ord. 2093 § 3, 2002: Ord. 1688 § 13 (part), 1990).
10.30.040 Personal property and/or abandoned property in the right-of-way or city/public property.
A. CMC 10.30.020(B), defining storage of personal property and/or abandoned property, and 10.30.025(B), declaring a nuisance, shall be exempt from the provisions of CMC 10.30.030 due to the immediate nature of abandoned property in the right-of-way and on city/public property posing a public health and safety concern.
B. All property stored or abandoned in the public right-of-way or on city/public property, including personal and household items, furniture, appliances, machinery, equipment, building materials, junk, litter, refuse or other items, shall be deemed abandoned and shall constitute a violation of this chapter as declared in CMC 10.30.025.
C. 1. Any items which remain on the public right-of-way or on city/public property for a period of forty-eight hours shall be deemed abandoned and constitute a public nuisance subject to removal from the right-of-way or city/public property after posting a forty-eight-hour removal notice, and providing the owner with a copy of the notice if the owner is ascertainable. The owner shall be responsible for the removal of all property. If the owner of the property fails to remove the property, the city shall remove the property, store the property for sixty days with the Centralia police department and then bill the owner for such removal, storage and disposal fees.
2. If the owner of such property is not ascertainable, the property shall be conspicuously posted with the forty-eight-hour notice. If no claim of ownership to the property is made after proper notice, the property shall be removed from the public right-of-way or from city/public property and shall be held by the Centralia police department for a period of sixty days. If no ownership is claimed after the sixty-day period, the property shall be disposed of by the Centralia police department. All junk, litter, refuse and discarded items will be disposed of and not stored.
3. All property located on the public right-or-way or on city/public property shall be photographed by the responding officer prior to serving notice. In cases where the owner does not respond to the notice or the owner cannot be ascertained, photos shall be taken to inventory any items that are taken into storage for the sixty-day period. Photographs shall be retained with the case file.
D. If ownership of the property can be determined, and the owner fails to remove the property from the public right-of-way or from city/public property, the owner may be subject to the following:
1. A Class 1 civil infraction with the maximum assessment not to exceed the amount of two hundred fifty dollars, not including statutory assessments.
2. In addition, the court may require the owner of such property to reimburse the city for costs which may include staff time, equipment cost, removal fees, storage fees and disposal fees. (Ord. 2441 § 3, 2020).
10.30.050 Compression brakes prohibited.
A. The use of compression brakes within the corporate limits of the city of Centralia disturbs the peace and quiet and disturbs the residents of the city in their rest and in the enjoyment of their property, and, by reason thereof, the Centralia city council finds that the use of such brakes in such area is a public nuisance.
B. The use of compression brakes within the corporate limits of the city of Centralia is prohibited.
C. The city engineer is directed to erect appropriate signs indicating the prohibition in this area of the use of compression brakes.
D. In this section, the following definitions shall apply:
1. “Brake” means any device used for allowing, halting, or stopping the movement of any vehicle.
2. “Compression brakes” means motor vehicle brakes which are activated or worked by the compression of the engine of the motor vehicle.
3. “Motor vehicles” means and includes automobiles, tractors, trucks, trailers, and transportation equipment of all kinds and sizes or any combination or combinations of the foregoing.
4. Any person or persons who violate the provisions of this section is guilty of a misdemeanor. (Ord. 2189 § 1 (part), 2007: Ord. 1688 § 13 (part), 1990).
10.30.060 Violation—Order to abate.
A. Any person, firm, or corporation violating the provisions of this chapter, in addition to any penalty as otherwise provided, may, in the sound discretion of the court in which conviction is obtained, be directed by the court to abate and remove from any public street or highway or public or private right-of-way, or public park, or any private property, any or all debris and waste deposited thereon by anyone prior to the date of said conviction.
B. Each day a violation of this chapter continues constitutes a separate offense. (Ord. 2189 § 1 (part), 2007: Ord. 1688 § 13 (part), 1990).