Chapter 8.32
PUBLIC NUISANCE CODE
Sections:
8.32.050 Owners and occupiers liable—Successors.
8.32.060 Notice of violation and order.
8.32.070 Junk vehicles—Notice, denial and exemption.
8.32.080 Corrective action agreement.
8.32.100 Abatement—Damages not precluded.
8.32.120 Obstruction of roads and streets prohibited—Penalty.
8.32.150 Enforcement provisions not exclusive.
8.32.010 Purpose.
The purpose of this chapter is to protect the continued health, safety and welfare of the residents of Douglas County against public nuisances and this chapter shall be liberally construed to accomplish such purpose. The Chelan-Douglas Health District is the independent agency responsible for the investigation and abatement of public nuisances which are detrimental to the public health and this chapter is not intended to confer jurisdiction upon Douglas County to address public health issues, including those public health issues involving solid waste, where such jurisdiction does not exist. (Ord. TLS 08-06-19B Exh. A (part))
8.32.020 Definitions.
The following definitions apply to this chapter:
A. “Junk” means used equipment, equipment parts, used vehicle parts, used lumber and building materials, pipe, white goods, appliances, demolition waste, or any other used material or substance.
B. “Junk vehicle” means a vehicle that meets at least three of the following criteria:
1. Is three years old or older;
2. Is inoperable, in that the vehicle cannot move under its own power at least one hundred feet in both the forward and reverse directions;
3. Is damaged, including but not limited to any of the following: a broken or missing window or windshield; a missing wheel or tire; an inoperable or missing mechanical, electrical or structural component;
4. Is not licensed for use on public highways, roads and streets; or
5. Has an approximate fair market value equal only to the approximate value of the scrap in it.
C. “Property” means any real estate or portion thereof, whether improved or unimproved.
D. “Public nuisance” means:
1. Any act or omission or a condition or use of property that annoys, injures or endangers the public or decreases the value of nearby property;
2. Any accumulation or storage of solid waste, junk, or one or more junk vehicles not expressly permitted by law; and
3. Any public nuisance now or hereafter defined in Chapter 7.48 RCW.
E. “Solid waste” means any and all solid waste now or hereafter defined at RCW 70.95.030. (Ord. TLS 08-06-19B Exh. A (part))
8.32.030 Prohibited conduct.
It shall be unlawful to create, maintain, conduct or allow a public nuisance upon any property. (Ord. TLS 08-06-19B Exh. A (part))
8.32.040 Authorized acts.
No act or omission expressly authorized by a statute or ordinance shall be deemed a public nuisance. (Ord. TLS 08-06-19B Exh. A (part))
8.32.050 Owners and occupiers liable—Successors.
Every owner and occupier of property and every successive owner and occupier of property shall be liable for abatement of any continuing public nuisance upon such property. (Ord. TLS 08-06-19B Exh. A (part))
8.32.060 Notice of violation and order.
A. Upon a determination that a public nuisance exists, the responsible agency official shall issue a notice of violation and order that includes the following information:
1. The name and mailing address of each owner of record of the property;
2. The street address of the property or, if there is no street address, a description sufficient for identification of the property;
3. The tax parcel number(s) of the property;
4. A description of the public nuisance;
5. A description of all corrective action required by the owner(s);
6. A date and time by which the owner(s) must either complete all corrective action or, if eligible, enter into a corrective action agreement under this chapter;
7. A statement that if all corrective action is not completed or a corrective action agreement is not entered into by the owner(s) by the date and time specified, then Douglas County may abate the public nuisance and assess all costs and expenses incurred by Douglas County against the record owner(s) in accordance with this chapter and Chapter 7.48 RCW; and
8. A statement that the notice of violation and order may be appealed to the hearing examiner pursuant to DCC Chapter 2.13 by filing a notice of appeal and paying all applicable fees within fourteen days after issuance of the notice of violation and order.
B. A notice of violation and order shall be served on the owner(s) personally or by certified mail, return receipt requested.
C. Upon receipt of a notice of appeal and all applicable fees, a notice of the date, time and location of the appeal hearing shall be mailed by certified mail, return receipt requested, to the appellant(s) and owner(s). (Ord. TLS 12-12-37B Exh. A (part): Ord. TLS 08-06-19B Exh. A (part))
8.32.070 Junk vehicles—Notice, denial and exemption.
A. In the case of a junk vehicle, the notice and order shall include:
1. The name(s) and address(es) of the last registered owner(s) of each junk vehicle;
2. The year, manufacturer, model and, if available, the vehicle license plate number and vehicle identification number of each junk vehicle; and
3. A statement that the junk vehicle shall be removed from the property if corrective action is not completed.
B. The owner of property on which a junk vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the owner’s property and his reasons for the denial. If it is determined that the junk vehicle was placed on the property without the consent of the owner and that he has not subsequently acquiesced to its presence, then the county shall not assess the cost of removal of the junk vehicle against the owner or the owner’s property or otherwise attempt to collect the cost from the owner.
C. This chapter shall not apply to (1) a vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or (2) a vehicle or part thereof that 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 the property is fenced according to RCW 46.80.130. (Ord. TLS 08-06-19B Exh. A (part))
8.32.080 Corrective action agreement.
A. An owner is eligible to enter into a corrective action agreement unless:
1. An emergency exists;
2. The current violation is a repeat violation; or
3. The violation results from a situation or condition which cannot be corrected by the owner.
B. The corrective action agreement is a contract between the county and the owner(s) under which the owner(s) agree to abate the public nuisance within a specified time and according to specified conditions. The corrective action agreement shall include the following:
1. The name and mailing address of each owner of record of the property;
2. The street address of the property or, if there is no street address, a description sufficient for identification of the property;
3. The tax parcel number(s) of property;
4. A description of the public nuisance;
5. A description of all corrective action required by the owner(s);
6. A date by which the owner(s) must complete all corrective action;
7. An agreement by the owner(s) authorizing the county to enter upon the property as may be necessary to determine compliance;
8. An agreement by the owner(s) waiving the right to appeal the notice of violation and order and/or the required corrective action; and
9. An agreement by the owner(s) that the county may abate the public nuisance and take all corrective action agreed upon by the owner(s) if such corrective action not completed by the owner(s) by the date required, and to pay all costs and expenses incurred by the county. (Ord. TLS 08-06-19B Exh. A (part))
8.32.090 Abatement by county.
A. The county may abate a public nuisance when:
1. The terms of a corrective action agreement have not been met by the owner(s); or
2. A notice of violation and order has been issued and the required corrective action has not been completed by the date and time specified in the notice.
B. Whenever a public nuisance is occurring that constitutes an imminent danger to public health, safety or welfare or to the environment, the county may summarily and without prior notice abate the condition. Notice of such abatement, including the reasons for abatement, shall be served on the owner(s) as soon as reasonably possible.
C. Using any lawful means, the county may enter upon property and remove or correct the condition which is subject to abatement under this chapter. The county may seek such judicial process as it deems necessary to effect the removal or correction of such condition.
D. The costs and expenses of abatement shall be billed to the owner(s) and shall become due and payable to the county within thirty calendar days from the date of the invoice. The costs and expenses of abatement shall include but not limited to:
1. Personnel expenses, including salary and benefits, for all investigative, documentation and corrective action;
2. Equipment expenses;
3. Hauling, storage and disposal expenses and fees; and
4. Expenses incurred to advertise and contract for third-party services for investigative, documentation and corrective action.
E. In the event the costs and expenses of abatement are not paid by the owner(s) after billing by the county, the county may record a notice of special assessment levying such costs and expenses against the property on which the nuisance was located. The special assessment shall constitute a lien against the property equal in rank with state, county and municipal taxes and the property may be executed upon and sold by foreclosure in the superior court upon application by the county. (Ord. TLS 08-06-19B Exh. A (part))
8.32.100 Abatement—Damages not precluded.
The abatement of a public nuisance does not prejudice the right of any person to recover damages for its past existence. (Ord. TLS 08-06-19B Exh. A (part))
8.32.120 Obstruction of roads and streets prohibited—Penalty.
A. It shall be unlawful for any person to create, maintain, cause or allow the obstruction of a county road, street or right-of-way.
B. The county may summarily and without prior notice remove any obstructions within the traveled portion of a county road, street or public right-of-way. Notice of such abatement, including the reasons for abatement, shall be served on the person(s) believed to have created, maintained, caused or allowed such obstruction as soon as reasonably possible.
C. Any person who unlawfully creates, maintains, causes or allows the obstruction of a county road, street or right-of-way commits a Class 3 civil infraction and shall be issued a notice of infraction having a penalty of fifty dollars, not including statutory assessments. (Ord. TLS 12-12-37B Exh. A (part): Ord. TLS 08-06-19B Exh. A (part))
8.32.150 Enforcement provisions not exclusive.
The enforcement provisions of this chapter are cumulative and not exclusive, and may be used in addition to any other enforcement provisions authorized by law. (Ord. TLS 08-06-19B Exh. A (part))
8.32.190 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances shall not be affected. (Ord. TLS 08-06-19B Exh. A (part))