Chapter 8.05
NUISANCES
Sections:
8.05.010 Purpose and administration.
8.05.030 Declaration of public nuisance.
8.05.060 Investigation and notice of violation.
8.05.100 Review by the administrator.
8.05.130 Additional relief – Abatement.
8.05.010 Purpose and administration.
The city administrator is authorized to utilize the procedures of this chapter in order to enforce violations. This chapter shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons. (Ord. 679 § 2, 1993)
8.05.020 Definitions.
For the purpose of this chapter, the words and phrases designated in this section shall be defined as follows:
“Administrator” means the administrator of the city of Clyde Hill, or the administrator’s designee.
“Enforcement officer” means a person duly authorized by the city administrator to enforce the provisions of this chapter.
“Nuisance” means those acts, buildings, structures, property or premises defined as nuisances in RCW 7.48.120, as it now exists or may hereafter be amended, which statute is adopted by reference as if the same were fully set forth herein.
“Public nuisance” means those acts, buildings, structures, property or premises defined as public nuisances in RCW 7.48.130, 7.48.140, 9.66.020 and 9.66.050, as they now exist or may hereafter be amended, which statutes are adopted by reference as if the same were fully set forth herein. In addition, the erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot or premises or in or upon any street, alley, park or other public or private place in the city, of any one or more of the following conditions or things, unless otherwise permitted by law, are declared to be public nuisances:
1. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous;
2. Any filthy, littered or trash-covered dwellings, cellars, yards, barnyards, stableyards, vacant lots, stores, houses or buildings or premises;
3. Any animal manure which is not securely protected from flies or weather conditions or which is kept or handled in violation of any ordinance of the city;
4. Any trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, lumber not neatly piled, scrap iron, tin or other metal not neatly piled or anything whatsoever in which rats may breed or multiply;
5. 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 any building or structure that has been partially torn down or demolished, or any building or structure that has been in part(s) or as a whole moved from without the city to a place within the city or from any place within the city to another location within the city and not completed or readied for the use or occupancy for which it was originally built, and left unfinished;
6. All places used or maintained as junkyards, or dumping grounds, or for the wrecking or disassembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks or other machinery of any kind, or of any of the parts thereof; and
7. Dirt, mud, rocks and/or debris of any kind dropped, deposited or allowed to remain in any manner or condition on the surface of any street within the city.
“Person” means any natural person, organization, corporation or partnership and their agents or assigns. (Ord. 679 § 2, 1993)
8.05.030 Declaration of public nuisance.
In addition to the public nuisances as defined in this chapter, all violations of public health ordinances and violations of the Uniform Code for the Abatement of Dangerous Buildings (UCADB) are determined to be detrimental to the public health, safety and welfare and are public nuisances. (Ord. 679 § 2, 1993)
8.05.040 Violations.
The following are violations of this chapter:
A. For any person to initiate, maintain or cause to be initiated or maintained a public nuisance within the city.
B. For any person to remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter.
C. For any person to fail to comply with any of the requirements of this chapter. (Ord. 679 § 2, 1993)
8.05.050 Enforcement.
Upon presentation of proper credentials, the enforcement officer may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by this chapter. (Ord. 679 § 2, 1993)
8.05.060 Investigation and notice of violation.
A. The enforcement officer shall investigate any activity, premises, structure or property which the enforcement officer reasonably believes violates this chapter.
B. If, after investigation, the enforcement officer determines that there exists a violation of this chapter, the enforcement officer shall serve a notice of violation upon the owner, tenant or other person responsible for the condition.
C. The notice of violation shall contain a statement of the following:
1. A description of each separate violation;
2. What corrective action, if any, is necessary to comply;
3. A reasonable date shall be set for compliance;
4. A description of the penalties for the violation(s); and
5. The method of appealing the notice.
D. In the event of violations requiring abatement measures, the required corrective action may include, but shall not be limited to, demolition of structures or buildings and restoration of the area.
E. The notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person.
F. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.
G. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to the UCADB. The enforcement procedures set forth in this ordinance shall not be employed in addition to the enforcement procedures in the UCADB. (Ord. 679 § 2, 1993)
8.05.070 Time to comply.
A. When calculating a reasonable time for compliance, the enforcement officer shall consider the following criteria:
1. The type and degree of violation cited in the notice;
2. The stated intent, if any, of a responsible party to take steps to comply;
3. The procedural requirements for obtaining a permit to carry out corrective action;
4. The complexity of the corrective action, including seasonal considerations or construction requirements; and
5. Any other circumstances beyond the control of the responsible party.
B. Unless a request for review before the administrator is made in accordance with CHMC 8.05.100, the notice of violation shall become a final order of the administrator. A copy of the notice shall be filed with the department of records and elections of the county. The enforcement officer may choose not to file a copy of the notice or order if the notice or order is directed only to a responsible person other than the owner of the property. (Ord. 679 § 2, 1993)
8.05.080 Stop work order.
Whenever a continuing violation of this chapter will materially impair the enforcement officer’s ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, the enforcement officer may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. (Ord. 679 § 2, 1993)
8.05.090 Emergency order.
Whenever any use, building, premises or activity in violation of this chapter threatens the health and safety of the occupants of the premises, building, or structure or any member of the public, the enforcement officer may issue an emergency order directing that the use or activity be discontinued, or that the building or premises be vacated, and that the condition causing the threat to the public health and safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. (Ord. 679 § 2, 1993)
8.05.100 Review by the administrator.
A. The party to whom the notice of violation is directed may obtain a review of the notice by requesting such review within 15 days after service of the notice. The request shall be in writing, and upon receipt of the request, the enforcement officer shall send written notice to any persons served the notice of violation and the complainant, if any, of the date, time and place set for the review, which shall be not less than 10 nor more than 20 days after the request is received, unless otherwise agreed by all persons served with the notice of violation. If no timely appeal is made, the notice of violation shall become the final order of the city.
B. The review shall consist of an informal meeting held at the City Hall. The enforcement officer who is familiar with the case and the applicable ordinances will attend. The administrator will explain the reasons for the enforcement officer’s issuance of the notice of violation and will listen to any additional information presented by the persons attending. At or after the review, the administrator may:
1. Sustain the notice of violation;
2. Withdraw the notice of violation;
3. Continue the review to a date certain for receipt of additional information; or
4. Modify the notice of violation, which may include an extension of the compliance date.
C. The administrator shall issue an order of the administrator containing the decision within seven days of the date of completion of the review, and shall cause the same to be mailed by regular first class mail to the person or persons named on the notice of violation. (Ord. 752 § 1, 1996; Ord. 679 § 2, 1993)
8.05.110 Civil penalty.
A. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of this chapter shall be subject to the cumulative penalty in the amount of $250.00 per day for each violation from the date set for compliance until the order is complied with.
B. The penalty imposed by this section shall be collected by civil action brought in the name of the city. The administrator shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall, with the assistance of the administrator, take appropriate action to collect the penalty and all costs and expenses of the city associated with the enforcement of this chapter, including, but not limited to, attorney’s fees, expert witness and witness fees. (Ord. 679 § 2, 1993)
8.05.120 Criminal penalty.
A criminal penalty, not to exceed $1,000 per occurrence, may be imposed:
A. For any violation of this chapter for which corrective action is not possible; or
B. For willful, intentional or bad faith failure or refusal to comply with this chapter. (Ord. 679 § 2, 1993)
8.05.130 Additional relief – Abatement.
The administrator or city attorney may seek legal or equitable relief to enjoin any acts or practices, to abate any condition which constitutes or will constitute a violation of this chapter when civil or criminal penalties are inadequate to effect compliance, and to recover all costs and expenses of the city associated with such abatement, including, but not limited to, attorneys’ fees and any witness and expert witness fees. (Ord. 679 § 2, 1993)
8.05.140 Appeal.
The order of the administrator shall be the final action of the city, unless within 21 days of issuance of the administrator’s order the party to whom the notice of violation was directed appeals to the court with jurisdiction. In the event that the order of the administrator is not appealed, it shall become a final order. Any penalties imposed shall become a lien against the property and may be foreclosed in the same manner as a mortgage foreclosure action. (Ord. 752 § 2, 1996; Ord. 679 § 2, 1993)