Chapter 7.08
PUBLIC NUISANCES1
Sections:
7.08.020 Offensive substances.
7.08.030 Judgment of nuisance – Enforcement.
7.08.040 Chief of police to use care in abating nuisance.
7.08.050 Liability for expenses.
7.08.080 Cottonwood Creek – Pollution.
7.08.090 Unhealthy liquids in Cottonwood Creek.
7.08.100 Casting pollutants into stream.
7.08.110 Procedure of abatement.
7.08.010 Slaughterhouses.
It is unlawful for any person, firm or corporation to create, erect, construct, maintain, keep or use any slaughterhouse, stockyard or any other offensive or unwholesome business or establishment within the limits of the city. (Ord. 19 § 1, 1893).
7.08.020 Offensive substances.
It is unlawful for any person, firm or corporation living or situated within the corporate limits of the city, to cause or allow any obnoxious, offensive or unhealthful liquid or matter of any kind or nature to accumulate upon his premises or those under his control or any out building or vacant lot under his control or to cause or allow any drain sewer cellar or privy vault to, from any cause, become nauseous, foul or offensive to adjacent residents or the public or to in any manner whatever allow any refuse, nauseous, putrid or obnoxious liquid or matter to accumulate prejudicial or deleterious to the health of any adjacent resident or to the public. (Ord. 57 § 1, 1899).
7.08.030 Judgment of nuisance –Enforcement.
Violations of this chapter shall be handled in accordance with DMC Title 19. (Ord. 1143 § 1, 2019; Ord. 57 § 3, 1899).
7.08.040 Chief of police to use care in abating nuisance.
In any case where a nuisance is to be abated or removed by the authority of the chief of police it shall be the duty of such officer to proceed with due care without any unnecessary damage or destruction of property and shall in all cases be authorized to employ and use all necessary assistance and means to effect the abatement of the nuisance. (Ord. 57 § 4, 1899).
7.08.050 Liability for expenses.
Every person guilty of a nuisance shall be liable for all cost and expenses of abating the same and when such nuisance has been abated by any city officer the cost and expenses shall be taxed as a part of the cost of any prosecution for failure to abate and shall be taxed and recovered as the cost in the action. In all such cases the city shall be liable to pay the same and in all cases where the chief of police or other city officer shall abate any such nuisance he shall keep an account of all expenses attending such abatement and in addition to other powers given by this chapter, may cause an action to be brought in the name of the city in any court of competent jurisdiction against the person guilty of such nuisance and upon the collection of the cost thereof the same shall be paid into the city treasury. (Ord. 57 § 5, 1899).
7.08.060 Smoke emission.
The emission of dense smoke from any smokestack or chimney anywhere within the corporate limits of the city shall be deemed a nuisance and is declared a public nuisance; provided, that chimneys used exclusively for private residences shall not be deemed to be within the meaning of the provisions of this chapter. (Ord. 112 § 1, 1905).
7.08.070 Penalty – Exception.
The owner, owners, proprietor, lessee or occupant of any building who shall permit or allow dense smoke to issue or be emitted from the smokestack or chimney of such building within the corporate limits of the city, shall be deemed and held guilty of creating a public nuisance and shall upon conviction thereof before the police justice of the city be punished as provided in DMC 1.04.010; provided, however, that any owner, proprietor, lessee or occupant of any building from whose smokestack or chimney dense smoke may issue who places a hood or screen on the top of same sufficient to prevent such dense smoke or the soot therefrom, from escaping or who constructs such a contrivance as shall reduce or consume such smoke shall not be subject to the provisions of this chapter. (Ord. 112 § 2, 1905).
7.08.080 Cottonwood Creek – Pollution.
Cottonwood Creek having its source in and being formed by waters from springs in the eastern part of the city and flowing thence through the city in a northwesterly direction is declared to be a stream, the pollution of waters of which is made and declared to be a public nuisance. (Ord. 120 § 1, 1906).
7.08.090 Unhealthy liquids in Cottonwood Creek.
It is unlawful for any person, firm or corporation to cause or allow any obnoxious, offensive or unhealthy liquid matter of any kind whatever from any barn, stable, water closet, house, kitchen or other structure to flow into or to be thrown into Cottonwood Creek. (Ord. 120 § 2, 1906).
7.08.100 Casting pollutants into stream.
It is unlawful for any person, firm or corporation to cast into Cottonwood Creek any dead animal or any vegetable matter or anything whatever that is calculated to pollute or render offensive the waters of the stream. (Ord. 120 § 3, 1906).
7.08.110 Procedure of abatement.
Any person, firm or corporation convicted of a violation of either DMC 7.08.090 or 7.08.100, in addition to the penalty inflicted under DMC 1.04.010, shall also be required to pay the costs and expenses of the abatement of such nuisance. The court before whom the trial was had shall give the defendant two days in which to accomplish such abatement; thereafter it shall be the duty of the street commissioner of the city to abate such nuisance and present the bill of expenses incurred therein to the defendant, and if not promptly paid the same may be collected before any court having jurisdiction thereof by action at law as other claims or debts are collected. In case the nuisance shall be of such a character that it would be expensive or inexpedient to suppress or abate in the summary manner herein stated, then and in that case, it shall be the duty of the health officer of the city to institute such proceedings in the superior court of the state in the name and behalf of the city and therein is authorized to make such complaint, petition or affidavit as the cause may require and apply for all the relief requisite in the premises not only secure abatement of such nuisance but restraining orders and injunctions, to prevent its continuance, occurrence or repetition; and such health officer is authorized and directed to institute proceedings in the superior court in any and all such cases of the violation of DMC 7.08.060 through 7.08.100 where in his judgment the continuance of such nuisance is detrimental to the health of any of the inhabitants of the city without awaiting the arrest, trial or conviction of the offender. (Ord. 120 § 5, 1906).
7.08.120 Chronic nuisance.
(a) No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any chronic nuisance within the city including on the property of any person, firm, or entity or upon any public rights-of-way abutting a person’s, firm’s, or entity’s property. A parcel or lot of real property, a building, including but not limited to the structure or any separate part or portion thereof, whether permanent or not, or the ground itself, a unit within a building, or a mobile home, manufactured home, or recreational vehicle (collectively referred to as “property”) shall constitute a chronic nuisance when any of the following conditions occur:
(1) During any continuous 12-month period, the property in question:
(A) A final determination has been made by the city that conditions on the property constitute a nuisance pursuant to this chapter and Chapter 19.100 DMC; and
(B) Has four or more occurrences of ongoing criminal activity related to the premises; or
(2) During any 12-month period, the property in question has five or more occurrences of ongoing criminal activity related to the premises.
(b) Defenses. It shall be a defense against a declaration of chronic nuisance if the person alleged to be responsible for the nuisance (1) affirmatively engages in reasonable and ongoing efforts to remedy the nuisance and/or ongoing criminal activity; and (2) is not the perpetrator nor allows the perpetration of the nuisance or ongoing criminal activities. (Ord. 1152 § 1, 2020).
For statutory authority of third class cities to abate nuisances, see RCW 35.24.330; for statutory authority of all cities to cause the removal of all debris and vegetation detrimental to the health of the community, at the owner’s expense, see RCW 35.21.310, as amended by Chapter 20, Laws of 1969; for the provisions regarding the abatement of public nuisances, see Chapter 9.66 RCW.