Chapter 8.20
NUISANCES*
Sections:
8.20.070 Authorized act not a nuisance.
8.20.090 Successive owners or occupant liable.
8.20.100 Abatement does not preclude action for damages.
8.20.110 Voluntary correction.
8.20.120 Notice of civil violation.
8.20.130 Hearing before the court.
8.20.140 Abatement by the city.
8.20.150 Additional enforcement procedures.
*Prior legislation: 1967 code §§ 5.04.010, 5.04.020 and 5.04.030.
8.20.010 Construction.
Because this chapter is an exercise of the police power of the city of East Wenatchee and is deemed necessary for the continued peace, health and welfare of the city, all of its provisions shall be liberally construed for the accomplishment of such purposes. (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 01-05 § 1, 2001)
8.20.020 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
A. “Abate” means to repair, replace, remove, destroy or otherwise remedy the condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the enforcement officer determines is necessary in the interest of the general health, safety and welfare of the community.
B. “Apparently inoperable vehicle” means any vehicle that is not currently licensed or is visibly damaged such that it would appear to the reasonable person to be inoperable in its present condition.
C. “Building” means any edifice constructed with walls and a roof for permanent use built for enclosure of persons, animals, chattels or property of any kind. The term “building” does not include a tarp or canopy made of canvas, plastic or other similar materials.
D. “Building materials” means and includes, but is not limited to, lumber, plumbing materials, wall board, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials.
E. Dangerous Building. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered.
1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
3. Whenever the stress in any materials, member or portion thereof, due to all dead or live loads, is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location.
4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.
5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
6. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.
7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
8. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.
9. Whenever the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.
11. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; (b) a harbor for vagrants, criminals or immoral persons; or as to (c) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the building code or housing code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.
14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws or ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.
17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
18. Whenever any portion of a building or structure remains on a site after the demolition of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
F. “Disposable package or container” means all packages or containers defined as such by rules and regulations adopted by the state of Washington Department of Ecology.
G. “Enforcement officer” means the “code compliance officer” of the city of East Wenatchee or any designated alternate who is empowered by the mayor or by ordinance to enforce a city ordinance or regulation.
H. “Litter” means all waste material including, but not limited to, disposable packages or containers thrown or deposited on public or private property, including depositing handbills on vehicles or public property, but not including the waste of primary processes of mining, logging, saw milling, farming or manufacturing.
I. “Person” means any individual, firm, partnership, corporation, association or other entity, public or private, whether acting by themselves or by a servant or employee.
J. “Premises” means any building, lot parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
K. “Property” means any object of value that a person may lawfully acquire and hold.
L. “Person responsible for the violation” means any person who has an interest in or resides on the property, whether as owner, lessor, tenant, occupant or other person entitled to control, use and/or occupy the property.
M. “Refuse” means vegetable offal, animal offal, discarded food, cans, bottles, junk, waste paper, boards and boxes, tree limbs and all other waste substances from private and public establishments and from residences; but shall not include temporary seasonal small amounts of weeds, twigs, grass, or other material resulting from the normal tending of lawns or gardens.
N. “Repeat violation” means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought or a notice of civil violation has been issued, within the immediately preceding 12-consecutive-month period.
O. “Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term “structure” does not include a tarp or canopy made of canvas, plastic or other similar materials. (Ord. 22-23 § 5 (Exh. A), 2022; Ord. 12-07 § 1 (Exh. A), 2012; Ord. 04-08 § 1, 2004; Ord. 01-05 § 1, 2001)
8.20.030 Types of nuisances.
A. Unless otherwise permitted by law, the city council declares each of the following conditions to constitute a public nuisance:
1. An act or omission to act, or a condition or use of property which injures or endangers the comfort, repose, health or safety of the public; offends public decency; or in any way renders other persons insecure in life or in the use of property.
2. The erecting, maintaining, using, placing, depositing, causing, allowing, leaving or permitting to be or remain in or upon any portion of a private lot, building, structure, or premises, or in or upon any street, avenue, alley, park, parkway, public water (including lakes, rivers, streams, drainage ways, and/or gullies), or other public or private place in the city, any one or more of the following conditions, things, or acts:
a. Any accumulation of refuse, iron, steel, aluminum, or other metal, vehicle parts, machinery or equipment, mattresses, bedding, clothing, rags, or cloth, straw, packing material, cardboard or paper, tin cans, wire, bottles, glass, cement, wood or timber, not stored within a permitted structure, except that this provision shall not apply to construction sites where the progress of construction is proceeding with reasonable diligence or to a neat and orderly compost pile that is covered or concealed from view from all public places and neighboring private properties and does not emit obnoxious odors or otherwise negatively affect the public health or safety;
b. Carcasses of animals not buried or destroyed within 24 hours after death;
c. All limbs of trees overhanging a public sidewalk which are less than 10 feet above the surface of said sidewalk, or overhanging a city street which are less than 15 feet above the surface of said street;
d. The existence of any vines or climbing plants growing into or over any street, public hydrant, power or light pole; or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, stand pipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto; or obstruct or interfere with the proper diffusion from the light from any street lamp;
e. Any use of property abutting on a public street or sidewalk or any use of public street or sidewalk which causes any obstruction of traffic and the free use of the streets or sidewalks; provided, that this subsection shall not apply to events, programs or parades authorized by the city council;
f. Any poisonous or harmful substance which is reasonably accessible to persons or to animals;
g. Any attractive nuisances which may prove detrimental to children which are left in any place exposed or accessible to children. This includes, but is not limited to, unused or abandoned refrigerators, freezers, or like containers, or other large appliances or equipment or parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; any lumber, trash debris or vegetation which may prove a hazard for minors;
h. The existence of any dead, diseased, infested or dying tree or other vegetation that may constitute a danger to property or persons;
i. The existence of any fence or structure which creates any traffic safety problem through obscured sight distance pursuant to EWMC 17.74.050(E) as the same exists now or may hereafter be amended;
j. The existence of any fence or structure or thing which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition on private property abutting or fronting upon any public street, sidewalk or place;
k. The existence of any fence or structures located in a public right-of-way without specific approval from the city;
l. Any accumulation of material on property including, but not limited to, animal matter, ashes, bottles, boxes, broken stone, building materials which are not properly stored, cans, cement, crates, empty barrels, dead animals or animal waste, glass, litter, mattresses or bedding, old appliances or equipment or any parts thereof, furniture, iron or other scrap metal, packing cases, packing material, plaster, plastic, rags, wire, yard waste or debris or other objects which endanger property or public safety, or constitute a fire hazard or vermin habitat; provided, that nothing herein shall prevent the temporary retention of waste in covered receptacles approved by the enforcement officer;
m. Any dangerous building or any building, structure, or addition to such, commenced and left unfinished six months beyond the expiration of the building permit issued for that building or 12 months from the date of building commencement if no building permit was required to be issued;
n. The nonemergency repair of an automobile, truck or other motor vehicle of any kind upon the public streets, alleys, or other public property of the city;
o. The erection, continuance or use of any building, room or other place in the city for the exercise of any trade, employment or manufacture which, by producing noxious fumes, offensive odors or other annoyances, is discomforting, offensive or detrimental to the health of individuals or of the public;
p. Any unguarded or abandoned excavation, pit, well, or holes which would endanger health or safety;
q. Dumping, depositing, placing or leaving of any litter, refuse, ashes, debris, gravel, earth, rock, stone or other material upon the banks, channels, beds or bars of any navigable water, or the felling of any tree or trees, so that the same shall in whole or in part project within the high water bank of any navigable water course, or the casting, placing, depositing or leaving of any logs, roots, snags, stumps, or brush upon the banks or in the bed or channel of any navigable watercourse;
r. Storage for in excess of three consecutive days of any apparently inoperable vehicle outside of an enclosed building and not located on property properly licensed for the operation of a vehicle repair, vehicle sales, and/or vehicle storage business;
s. Storage of in excess of eight vehicles outside of an enclosed building and not located on property properly licensed for the operation of a vehicle repair, vehicle sales, and/or vehicle storage business;
t. Weeds, grass, shrubs, and other growth more than 12 inches in height that is found to be a fire hazard;
u. Any tree or shrub or the roots thereof that in any manner shall interfere with the surface of any street or sidewalk or that shall cause the surface of the street or sidewalk to be upheaved or otherwise disturbed; and
v. Any vegetation, including trees, plants, shrubs, or parts thereof, infected by aphids, elm leaf beetle, San Jose scale, cottony scale, lecanium scale, tent caterpillars, leaf roller larvae, coddling moth, and peach leaf twig borer, portions of which grow upon or overhang any sidewalk, street or alley. (Ord. 22-23 § 5 (Exh. A), 2022; Ord. 12-07 § 1 (Exh. A), 2012)
8.20.040 Nuisances unlawful.
Whenever the enforcement officer determines that any nuisance exists upon any premises, the enforcement officer may require or provide for the abatement thereof pursuant to this chapter. (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 01-05 § 1, 2001. Formerly 8.20.030.)
8.20.050 Exempted acts.
This chapter shall not apply to the United States, the State of Washington, Douglas County, the city of East Wenatchee, or any of their respective officers, employees or contractors when engaged in snow removal, street cleaning, emergency repair to any street, building or structure, fire suppression, or any other emergency for the preservation of life or property. Government owned or authorized stockpiling of materials for street construction and/or maintenance activities shall be exempt from this chapter. (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 01-05 § 1, 2001. Formerly 8.20.040.)
8.20.060 Prohibited conduct.
It shall be unlawful for any person responsible for the violation to create, permit, maintain, suffer, carry on or allow, upon any premises, any of the acts or things declared by this chapter to be a nuisance or to violate any of the provisions of this chapter. (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 01-05 § 1, 2001. Formerly 8.20.050.)
8.20.070 Authorized act not a nuisance.
No act which is done or maintained under the express authority of a statute or ordinance can be deemed a nuisance. (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 01-05 § 1, 2001. Formerly 8.20.060.)
8.20.080 Violation – Penalty.
A. Any violation of any provision of this chapter is a violation under EWMC 8.20.110 for which a monetary penalty may be assessed and abatement may be required as provided therein.
B. In addition, or as an alternative, to any other penalty provided in this chapter or by law, any violation of any provision of this chapter is a misdemeanor. (Ord. 12-07 § 1 (Exh. A), 2012)
8.20.090 Successive owners or occupant liable.
Every successive owner or occupant of property or premises who neglects to abate a continuing nuisance upon or in the use of such property caused by a former owner is liable therefor in the same manner as the one who first created it. (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 01-05 § 1, 2001. Formerly 8.20.070.)
8.20.100 Abatement does not preclude action for damages.
The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 01-05 § 1, 2001. Formerly 8.20.080.)
8.20.110 Voluntary correction.
A. While the city desires to obtain voluntary correction pursuant to this section, compliance with this section is not a prerequisite for pursuing any of the other remedies for correction provided by this chapter, provided by law, or provided by equity.
B. The enforcement officer may attempt to secure voluntary correction by contacting the person responsible for the nuisance where possible, explaining the nuisance, and requesting correction.
C. A voluntary correction agreement may be entered into between the person responsible for the nuisance and the city, acting through the enforcement officer.
1. The voluntary correction agreement is a contract between the city and the person responsible for the nuisance under which such person agrees to abate the nuisance within a specified time and according to specified conditions. The voluntary correction agreement shall include all of the following:
a. The name and address of the person responsible for the nuisance;
b. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the nuisance is occurring;
c. A description of the nuisance;
d. The necessary corrective action to be taken, and a date or time by which correction must be completed;
e. An agreement by the person responsible for the nuisance that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;
f. An agreement by the person responsible for the nuisance that the city may abate the nuisance and recover its costs and expenses and a monetary penalty pursuant to this chapter from the person responsible for the nuisance if terms of the voluntary correction agreement are not met; and
g. An agreement that by entering into the voluntary correction agreement the person responsible for the nuisance waives the right to an appeal of the nuisance and/or the required corrective action.
2. The person responsible for the nuisance waives the right to an appeal of the nuisance and the required corrective action upon entering into a voluntary correction agreement.
3. The city shall have the right to inspect the subject property to determine compliance with the terms of the voluntary correction agreement.
4. An extension of the time limit for correction or a modification of the required corrective action may be granted by the enforcement officer if the person responsible for the nuisance has shown due diligence and/or substantial progress in abating the nuisance but unforeseen circumstances render abatement under the original conditions unattainable.
5. The city may abate the nuisance in accordance with EWMC 8.20.140 if the terms of the voluntary correction agreement are not met.
6. If the terms of the voluntary correction agreement are not met the person responsible for the nuisance shall be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with EWMC 8.20.120(E), plus all costs and expenses of abatement, as set forth in EWMC 8.20.140(D). (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 01-05 § 1, 2001. Formerly 8.20.090.)
8.20.120 Notice of civil violation.
A. When the enforcement officer determines that a nuisance has occurred, or is occurring, the enforcement officer may issue a notice of civil violation to the person responsible for the nuisance.
B. The notice of civil violation shall include all of the following:
1. The name and address of the person responsible for the nuisance;
2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the nuisance is occurring;
3. A description of the nuisance;
4. The required corrective action and a date and time by which the correction must be completed after which the city may abate the nuisance in accordance with EWMC 8.20.140;
5. The date, time and location of an appeal hearing before the East Wenatchee municipal court, which shall be scheduled not less than 10 calendar days and not more than 30 calendar days from the date the notice of abatement is issued;
6. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the enforcement officer approves the completed, required corrective action at least 48 hours prior to the hearing;
7. A statement that the costs and expenses of abatement incurred by the city pursuant to EWMC 8.20.140(D); and
8. A statement that a monetary penalty as specified in subsection E of this section may be assessed against the person to whom the notice of civil violation is issued as specified and ordered by the East Wenatchee municipal court.
C. The enforcement officer shall serve the notice of civil violation upon the person to whom it is issued, either personally or by mailing, certified, return receipt requested, a copy of the notice of abatement to such person at his/her last known address. If the person to whom the notice is issued cannot after due diligence be personally served within Douglas County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the notice of abatement conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail.
D. No extension of the time specified in the notice of civil violation for correction of the nuisance may be granted, except by order of the East Wenatchee municipal court.
E. The monetary penalty for each day the nuisance is permitted to continue or portion thereof shall be as follows:
1. First day: $100.00;
2. Second day: $200.00;
3. Third day: $300.00;
4. Fourth day: $400.00;
5. Each additional day beyond four days: $500.00 per day.
F. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice of civil violation was issued of the duty to correct the nuisance.
G. The monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is issued. Any monetary penalty assessed must be paid to the city within 10 calendar days from the date of mailing of the East Wenatchee municipal court’s decision and order or a notice from the city that penalties are due. The city attorney or his/her designee is authorized to take appropriate action to collect the monetary penalty, plus reasonable attorneys’ fees and costs incurred in collecting said monetary penalty. (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 01-05 § 1, 2001. Formerly 8.20.100.)
8.20.130 Hearing before the court.
A. Notice. A person to whom a notice of civil violation is issued will be scheduled to appear before the East Wenatchee municipal court not less than 10 calendar days nor more than 30 calendar days after the notice of civil violation is issued. For good cause shown, the court may grant a continuance of the hearing.
B. Prior Correction of Violation. The hearing will be canceled and no monetary penalty will be assessed, other than the court filing fee, if the enforcement officer approves the completed required corrective action prior to the scheduled hearing.
C. Procedure. The court shall conduct a hearing on the civil violation pursuant to the current applicable rules of civil procedure for courts of limited jurisdiction. The enforcement officer and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The city shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable under the circumstances. The determination of the enforcement officer as to the need for the required corrective action shall be accorded substantial weight by the court in determining the reasonableness of the required corrective action.
D. Decision of the Court.
1. The court shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable under the circumstances, and shall affirm, vacate, or modify the city’s decisions regarding the alleged violation and/or the required corrective action, with or without written conditions.
2. The court shall issue an order to the person responsible for the violation which contains the following information:
a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;
b. The required corrective action;
c. The date and time by which the correction must be completed;
d. The monetary penalties assessed based on the criteria in subsection (D)(3) of this section; and
e. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.
3. Assessment of Monetary Penalty. Monetary penalties assessed by the court shall be in accordance with the monetary penalty in EWMC 8.20.120(E).
a. The court shall have the following options in assessing monetary penalties:
i. Assess monetary penalties beginning on the date the notice of civil violation was issued and thereafter; or
ii. Assess monetary penalties beginning on the correction date set by the enforcement officer or an alternate correction date set by the court and thereafter; or
iii. Assess less than the established monetary penalty set forth in EWMC 8.20.120(E) based on the criteria of subsection (D)(3)(b) of this section; or
iv. Assess no monetary penalties.
b. In determining the monetary penalty assessment, the court shall consider the following factors:
i. Whether the person responded to the enforcement officer’s attempts to contact the person, and cooperated to correct the violation;
ii. Whether the person failed to appear at the hearing;
iii. Whether the violation was a repeat violation;
iv. Whether the person showed due diligence and/or substantial progress in correcting the violation; and
v. Any other relevant factors.
c. The court may double the monetary penalty schedule if the nuisance violation is a repeat violation. In determining the amount of the monetary penalty for repeat violations the court shall consider the factors set forth in subsection (D)(3)(b) of this section.
E. Failure to Appear. If the person to whom the notice of civil violation was issued fails to appear without lawful excuse at the scheduled hearing, the court shall enter an order with findings pursuant to subsection (D)(2) of this section and assess the appropriate monetary penalty pursuant to subsection (D)(3) of this section.
The city may enforce the court’s order and recover all related expenses, including attorney fees, costs of the hearing and any monetary penalty from that person.
F. Appeal to Superior Court. Any appeal of the decision of the court shall be pursuant to the then-current Rules for Appeal from Courts of Limited Jurisdiction (RALJ).
G. Removal to Superior Court. Following the entry of an order in the East Wenatchee municipal court requiring the abatement of a nuisance and assessing monetary penalties, the city may file an action in Douglas County superior court to seek enforcement of the terms of this chapter and any such order and the superior court shall have the authority to enforce the terms of this code to the same extent enforcement powers are provided for herein with respect to the East Wenatchee municipal court. (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 04-08 § 2, 2004; Ord. 01-05 § 1, 2001. Formerly 8.20.110.)
8.20.140 Abatement by the city.
A. Abatement. The city may abate a nuisance when:
1. The terms of voluntary correction agreement pursuant to EWMC 8.20.110 have not been met; or
2. A notice of civil violation has been issued pursuant to EWMC 8.20.120 and a decision and order has been issued pursuant to EWMC 8.20.130 and the required correction has not been completed by the date specified in the decision and order; or
3. The condition is subject to summary abatement as provided for in subsection B of this section.
B. Summary Abatement. Whenever a nuisance is occurring which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the nuisance as soon as reasonably possible after the abatement.
C. Authorized Action by City. Using any lawful means, the city may enter upon the subject property and may remove or correct the condition which is subject to abatement. The city may seek such judicial process as it deems necessary to effect the removal or correction of such condition.
D. Recovery of Costs and Expenses. The costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy the property and shall become due and payable to the city within 10 calendar days after billing. The term “incidental expenses” includes but is not limited to:
1. Personnel costs, both direct and indirect, including attorneys’ fees and costs;
2. Costs incurred in documenting the violation;
3. Hauling, storage and disposal expenses;
4. Actual expenses and costs of the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and
5. The costs of any required printing and mailing.
E. Obstruction Violation. Any person who knowingly obstructs, impedes, or interferes with the city or its agents, or with the person responsible for the nuisance in the performance of duties imposed by this chapter, or a decision and order issued by the East Wenatchee municipal court or an agreement between the city and the person responsible for the nuisance, is guilty of a misdemeanor and subject to the penalty as set forth in EWMC 1.20.010. (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 01-05 § 1, 2001. Formerly 8.20.120.)
8.20.150 Additional enforcement procedures.
The provisions of this chapter are not exclusive, and may be used in addition to other enforcement alternatives authorized by this code or state law. (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 01-05 § 1, 2001. Formerly 8.20.130.)
8.20.160 Conflicts.
If a conflict exists between this chapter and any other provision of this code or other city ordinance providing for a civil penalty, this chapter controls. (Ord. 12-07 § 1 (Exh. A), 2012; Ord. 01-05 § 1, 2001. Formerly 8.20.140.)