Chapter 19.30
MISDEMEANORS
Sections:
19.30.020 Conditions constituting a nuisance.
19.30.010 Misdemeanor when.
A. Applicability. When a person commits an act or omission which constitutes a nuisance or public nuisance or violates any land use or public health ordinance, that person is guilty of violation of a health and safety code when:
1. The violation occurs or continues to exist following written notice of the violation by the director with ample time to cure; and
2. The person has received two or more infractions for the nuisance; or
3. The person has received a civil order of abatement from superior court within the last 365 days.
B. Misdemeanor. Violation of a health and safety code is a misdemeanor criminal offense punishable by imprisonment for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000 or both imprisonment and fine.
C. Prosecution Units. For violation of a health and safety code, the unit of prosecution is determined as follows:
1. Every seven days that the violation continues is considered a separate unit.
2. Any additional period, less than seven days, following the last full seven-day period will be considered as an additional unit.
D. Civil Remedies. A charge of violation of a health and safety code shall not prevent the director from civil abatement remedies in addition to the criminal charge.
E. Satisfaction of Violation. For purposes of this section a violation is deemed to be “cured” when the director issues a written confirmation that the violation has been remedied and meets requirements under the Columbia County Code. [Ord. 2024-01.]
19.30.020 Conditions constituting a nuisance.
The following conditions constitute a nuisance under this chapter:
A. “Vehicle nuisance” means the storage of junk vehicles, in public view, on private property.
1. A junk vehicle is defined in conjunction with RCW 46.55.010(5) as meeting at least three of the four following conditions:
a. Is three years old or older;
b. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires, motor, or transmission;
c. Is apparently inoperable;
d. Has an approximate fair market value equal only to the approximate value of the scrap in it.
2. The above does not apply to a vehicle that is:
a. Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
b. Is enclosed in an opaque auto cover specifically designed for the vehicle that completely shields the vehicle from view. The cover must be in good condition and must be replaced if it becomes torn, weather-beaten, or acquires any other defects. Tarps and makeshift covers do not satisfy the requirement of this subsection; or
c. 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 in accordance with RCW 46.80.130.
B. “Salvage nuisance” means an outside accumulation of waste or trash including, but not limited to, household materials, indoor furniture, household appliances, unused and/or damaged construction materials, mechanical materials, motors or large mechanical components, and items of a similar nature.
1. A salvage nuisance shall meet one or more of the following conditions:
a. A condition that substantially detracts from the appearance of the immediate neighborhood; or
b. Reduces the property value in the immediate neighborhood; or
c. Is materially detrimental to nearby properties and improvements; or
d. Is a visual blight, is offensive to the senses, or is otherwise dangerous to the public health, safety, or welfare.
C. “Burning nuisance” means an emission of smoke or other emissions from any open fire that unreasonably interferes with the use and enjoyment of property and/or has a negative impact on public health and safety or welfare. “Burning nuisance” shall mean any circumstance meeting one or more of the following conditions:
1. Any outdoor fire containing:
a. Garbage, dead animals, wet material; or
b. Asphalt, petroleum products, paints, rubber products, plastics; or
c. Paper, cardboard, treated wood, construction debris, metal, processed lumber; or
d. Any substance which, when burned, releases toxic emissions, dense smoke, or odors.
2. Exceptions.
a. Fires permitted by Washington Department of Ecology and/or Department of Natural Resources;
b. Recreational fires consuming approved materials;
c. Pile burns of brush and dry yard vegetation meeting Department of Ecology and Department of Natural Resources pile size limitations for permitted burns.
D. “Odor nuisance” means the existence of any strong or offensive odor at the property line, including, but not limited to, dead or decaying animals, smoke, stagnant pools, rotting household garbage, animal manure, strong chemical smells, or any other odor that is deemed offensive to the general public.
1. An odor nuisance shall meet one or more of the following conditions:
a. Any unreasonably noxious, unpleasant, or strong odor which causes material distress, discomfort, or injury to persons of ordinary sensibilities in the immediate vicinity; or
b. Any odor, stench, or smell of such character, strength, and continued duration that it substantially interferes with the comfortable enjoyment of private homes or businesses by persons of ordinary sensibilities.
2. Exception.
a. Odors commonly associated with agricultural uses in or near an area in which agricultural activities are allowed and encouraged and promoted as the acceptable use of the land per Chapter 18.110 CCC, Protection of Agricultural Activities and Right to Farm Policy. This applies to activities that constitute a good agricultural practice and there is no substantial adverse effect on the public.
E. “Noise nuisance” means inadequately controlled and continuous noise that adversely affects the health, safety, and welfare of people, property value, and the quality of the environment.
1. A noise nuisance shall meet one or more of the following conditions:
a. Any unreasonably loud, excessive, or disturbing sound that disturbs the peace, comfort, or repose of a reasonable person of normal sensibilities in the immediate vicinity; or
b. Noise of such character, intensity, and continued duration which injures or endangers the health or safety of a reasonable person of normal sensibilities or causes injury or damage to property or business; or
c. Sustained sound levels more than 65 decibels.
2. Exceptions.
a. Seasonal agriculture-related noise associated with agricultural practices.
b. Operation of equipment in pursuit of ordinary and reasonable projects and tasks from 7:00 a.m. to 10:00 p.m.
F. “Building nuisance” is defined in conjunction with Chapter 35.80 RCW as dwellings which are unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are detrimental to the health and welfare of the residents of Columbia County.
1. Building nuisances shall meet one or more of the following conditions:
a. Unsafe structural elements that increase hazards of fire, accident, or calamity; or
b. Inadequate light, ventilation, and sanitation facilities; or
c. Uncleanliness, overcrowding, or other conditions which are detrimental to health and welfare.
G. “General nuisance” is defined in conjunction with RCW 7.48.120 and means unlawfully committing an act, or failing to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property. A general nuisance shall meet one or more of the following.
1. Any violation of any title of Columbia County Code, the Washington Administrative Code, or the Revised Code of Washington that results in the prevention of a person of reasonable sensibilities from enjoying and using their own property; or
2. Any violation that obstructs any public waters or property or renders them dangerous for passage;
3. Any violation that endangers public health or safety.
H. “Environmental nuisance” means any action, activity, or single act that directly interferes with CCC Title 16, Environment. [Ord. 2024-01.]