Chapter 8.08
NUISANCES
Sections:
8.08.020 Parking and repairing vehicles in residential areas.
8.08.030 Placing vehicles, boats and trailers on property for sale.
8.08.040 Abandoned, wrecked, dismantled or junk vehicles and automobile hulks or parts thereof.
8.08.060 Trees, plants, shrubs or vegetation.
8.08.070 Unhealthy or unsightly conditions.
8.08.080 Unlawful to permit or maintain nuisance.
8.08.120 Emergency enforcement.
8.08.130 Suits for abatement and injunctive relief.
8.08.010 Definitions.
The following definitions relate specifically to this chapter, though they may be referenced by additional chapters:
A. “Abandoned vehicle” shall mean:
1. Any vehicle left on a public right-of-way for more than 72 hours (or less as set forth herein, depending on the weight of the vehicle and its location); or
2. On private property without the consent of the property owner.
B. “Advertising” shall mean the use of text, logos, art, the spoken word, or any other device for the purpose of offering a good, product, or service for sale, trade, or barter. The provisions of this section shall not restrict vehicles from featuring advertising, but shall prohibit the use of those vehicles as unpermitted permanent or semi-permanent stationary signs.
C. “Automobile hulk” shall mean any wrecked, dismantled or inoperative motor vehicle or part thereof which cannot be made an operative motor vehicle without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs.
D. “Designated driveway” shall mean any clearly defined roadway leading from the street which is surfaced by asphalt, concrete, gravel or similar material not to exceed 24 feet in width or such width as may be allowed in any other development standards adopted by the City of Everson.
E. “Enforcement officer” shall mean any City of Everson law enforcement official or his or her designee.
F. “Inoperable vehicle” shall mean a vehicle which is apparently inoperable or which requires repairs in order to be operated legally on the public roads, such as: repair or replacement of a window, windshield, wheel, tire, motor or transmission.
G. “Junk vehicle” means any vehicle including, but not limited to, automobiles, commercial vehicles, boats and trailers, motorcycles, and recreational vehicles certified under RCW 46.55.230 and meeting at least three of the following criteria:
1. Is three years old or older;
2. Is extensively damaged, such damage including, but not limited to, any of the following: a broken or missing window or windshield, missing wheels, tires, motor or transmission, rust or body damage covering more than 10 percent of the vehicle’s exterior surface, excluding undercarriage;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value of the scrap in it;
5. Is not currently licensed by the State of Washington.
H. “Licensed vehicle dealer” shall mean an individual or company licensed by the State of Washington according to the provisions of RCW 46.70.021. Any individual or company selling more than five vehicles in a 12-month period shall be required to be a licensed vehicle dealer.
I. “Occasional or temporary visitor” shall mean a nonresidential family member or guest who has an established residence elsewhere who is visiting for not more than 30 days in a 12-month period; provided, if the visitor intends a longer than 30-day visit, the owner and visitor may apply for one 30-day extension with the City Administrator or designee, and the one 30-day extension may be granted where the visitor satisfactorily demonstrates that the motor home, tent, trailer, camper or other vehicle is not being used as a permanent residence.
J. “Recreational vehicle” shall mean a vehicle used for personal pleasure or travel, but shall not be used in connection with a business endeavor.
K. “Screen” shall mean a permanent or semi-permanent sight-obscuring device, typically affixed to the ground or a structure, designed to minimize the visual impact of certain features on a site or group of sites. Screens may include, but are not limited to, vegetation, fences, or walls, but shall not include temporary devices such as tarps or vehicle covers.
L. “Vehicle” shall mean a conveyance that transports people or objects.
M. Any terms not defined herein shall be determined by the City Administrator or designee. [Ord. 720 § 3, 2012.]
8.08.020 Parking and repairing vehicles in residential areas.
A. It is the purpose of this section to place restrictions on parking of vehicles, including recreational vehicles, in the single-family and multifamily residential zones and where existing nonconforming residences may also be located. It is not the purpose of this section to restrict parking of a vehicle (other than a vehicle hulk, abandoned vehicle or junk vehicle as defined in this chapter) which is parked in a driveway or other suitable location on site, and does not obstruct traffic or legal pedestrian access along public or private rights-of-way. Further, it is not the purpose of this section to restrict nonresident, visiting vehicles which are parked wholly on private property for the duration of the visit, or, if legal street parking is available, which are parked on the street for no longer than 72 hours. Unless an otherwise shorter period is designated by City code or other regulation, the following shall apply:
1. Unless a valid permit such as, but not limited to, a special events permit exists for any of the following, or if it can be demonstrated that inclement weather prevents the removal of such, no person shall leave or store for more than 72 hours upon a City street, public right-of-way, or other public property any vehicle or similar equipment.
2. No person shall leave or store for more than 24 hours: (a) a truck or van licensed for more than 15,000 pounds of gross vehicle weight, (b) a boat, (c) a trailer, (d) a recreational vehicle, or (e) any unlicensed car, pickup or other vehicle.
3. Any other object not described herein is strictly prohibited from being stored on any other public property or street for any period of time.
B. It is the purpose of this section to prevent significant and major automobile repair in streets and yards and to eliminate the parking of vehicles in front yards, other than on driveways, where it becomes an annoyance to neighbors and affects the residential character of a neighborhood. It is not the purpose of this section to eliminate, prevent or restrict property owners from the day-to-day maintenance and minor repairs of their vehicles in their yards and driveways unless specifically prohibited herein. Accordingly, each of the following is determined to be a nuisance and shall be prohibited:
1. In the front yards of residential areas, the parking of a vehicle in an area other than the designated driveway or garage; provided, that any vehicle, including a recreational or utility vehicle parked on a driveway accessing the rear or side yard shall be at least three feet away from the residential structure, and shall allow for at least five feet of clear access on one side or the other between the vehicle and the property line.
2. Except for nonresidential visiting vehicles, parking six or more vehicles at any one time in the designated driveway of a single-family residential lot, or a total of seven or more vehicles outside of any garage on a single-family residential lot. An application for an exception may be made in writing to the City Administrator, or said Administrator’s designee, within 10 days of receipt of an initial notice of violation or citation. The City Administrator, or said Administrator’s designee, when determining the outcome of such application, may take additional mitigating factors under consideration, such as additional licensed drivers residing at the household, or an employer-provided work vehicle utilized by a resident. Exceptions are subject to review upon receipt of subsequent complaints regarding parking at the residence.
3. Major servicing, repairing, assembling, wrecking, modifying, restoring or otherwise working on any vehicle at any residential premises where (a) the vehicle is not owned by the occupant of the residence, or (b) the total of all such servicing, repairing, assembling, wrecking, modifying or restoring involves more than one vehicle or exceeds a one-time, five-day maximum time frame, unless such work shall be conducted within an enclosed permanent structure or a garage. Such work shall only be done between the hours of 8:00 a.m. and 9:00 p.m.; and such work shall not be undertaken on the vehicle parked in an area other than the designated driveway, garage, or other permanent enclosed structure, pursuant to subsection (B)(1) of this section.
4. Except as to the occasional or temporary visitor, guest or recreational use, the living or residing in any motor home, tent, trailer, camper or other vehicle that is not a permanent residential structure or housing unit anywhere within the City of Everson, except in designated and approved camping or trailer parks, or under certain conditions in approved “large retail” parking lots, any of which must include necessary water, sanitary facilities and electrical connections.
5. Storage of inoperable vehicles on single-family and multifamily residential zone property unless fully screened from view of neighboring properties and the public right-of-way.
C. Creating, allowing or maintaining a nuisance as described in subsections A through B of this section is unlawful and the enforcement officer as provided for in this chapter may maintain such enforcement or correction action as provided in EMC 8.08.100 through 8.08.130 and amendments thereto. [Ord. 720 § 3, 2012.]
8.08.030 Placing vehicles, boats and trailers on property for sale.
A. It is the purpose of this section to eliminate and minimize the risk to vehicle and pedestrian traffic and to the public in general where vehicles, boats, trailers or other recreational vehicles or equipment are placed on private or public property along the streets and arterials for sale. The following are determined to be a nuisance:
1. The placing or parking along street and road rights-of-way, or in direct and plain view thereof, of any licensed or unlicensed vehicle, boat, trailer, motor home, mobilized equipment, machinery, recreational vehicle, or equipment placed for the purpose of selling the same.
2. The placing or parking of any licensed or unlicensed vehicle, boat, trailer, motor home, mobilized equipment, machinery, recreational vehicle, or equipment on property that is owned or occupied by someone other than the owner of the above listed item for the purpose of selling the same. The placing or parking of any vehicle, etc., on property owned by another includes business and commercial property so long as the business is not regularly engaged and licensed pursuant to Chapter 46.70 RCW in selling the particular vehicle, equipment, etc.
3. The offering for sale of more than one licensed or unlicensed vehicle, boat, trailer, motor home, mobilized equipment, machinery, recreational vehicle or equipment at a time where such vehicle, etc., is parked or placed on single-family and multifamily residential zone property; and provided, that (a) such vehicle, etc., offered for sale must be the property of the owner or occupant of the property and evidence of this fact must be made available to an enforcement officer immediately upon request and (b) such vehicle, etc., must be parked in a designated driveway and may not obstruct the vision or movement of motorists or pedestrians or obstruct vision into or out of the driveway of said residentially zoned property.
B. Creating, allowing or maintaining a nuisance as described in subsections (A)(1) and (A)(3) of this section is unlawful and the enforcement officer as provided for in this chapter may maintain such enforcement or correction action as provided in EMC 8.08.100 through 8.08.130. [Ord. 720 § 3, 2012.]
8.08.040 Abandoned, wrecked, dismantled or junk vehicles and automobile hulks or parts thereof.
A. This section shall supplement and be in addition to the provisions of RCW 46.55.085 and the pertinent sections of Chapter 308-330 WAC. This section is to be construed in a manner that the provisions herein are separate and independent from RCW 46.55.085 and Chapter 308-330 WAC and in addition thereto. Where there is a conflict between the provisions of this section and RCW 46.55.085 and Chapter 308-330 WAC, this section controls.
B. It is the purpose of this section to eliminate abandoned vehicles, junk vehicles and vehicle hulks from public streets or public property, as well as on private residential property.
C. Private Property. Except when completely enclosed within a building, and not visible from the street or other public or private property, the storage or retention of abandoned vehicles, junk vehicles or vehicle hulks on private property shall constitute a civil infraction and is declared a public nuisance which is subject to abatement and removal pursuant to RCW 46.55.240, the pertinent sections of Chapter 308-330 WAC and as set forth below.
1. The cost of abatement and removal may be assessed against the registered owner of the vehicle(s) if the identity of the owner can be determined, unless the owner in the transfer of ownership has complied with RCW 46.12.650, or the cost may be assessed against the owner of the property on which the vehicle is stored.
2. The enforcement officer shall inspect and certify that a vehicle meets the definition of a junk vehicle, abandoned vehicle or vehicle hulk. The enforcement officer shall provide notice in writing to the last registered owner of record and the property owner of record that a hearing may be requested before the Everson Municipal Court and that if no hearing is requested within 15 days of the notice, the vehicle will be removed. Costs of removal may be assessed against the last registered owner of the automobile hulk if the identity of such owner can be determined, or the costs may be assessed against the owner of the property on which the automobile hulk is stored.
3. If a request for a hearing is received, a notice giving the time, location, and date of the hearing on the question of abatement shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the County Assessor records and the legal owner of record of the vehicle, unless the vehicle condition is such that identification numbers are not available.
4. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement for consideration, and deny responsibility for the presence of the vehicle, with the reasons for the denial. If it is determined that the vehicle was placed on the property without the consent of the landowner and that the landowner has not acquiesced to its presence, then the cost of removal shall not be assessed against the landowner.
5. After notice has been given of the intent of the City to abate and dispose of the vehicle and after a hearing, if requested, has been held, the vehicle may be removed at the request of a law enforcement officer of the City and disposed of by a licensed vehicle wrecker or tow truck operator, with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. Any junk vehicle, abandoned vehicle or automobile hulk impounded pursuant to this section shall be processed in the manner prescribed by the pertinent sections of Chapter 308-330 WAC and Chapter 46.55 RCW.
6. The City may, within 30 days after removal of a junk vehicle, abandoned vehicle, or vehicle hulk from private property, file for recording with the County Auditor a claim for lien for the costs of removal.
7. The provisions of this section shall not apply to (a) 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 (b) 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 is fenced according to RCW 46.80.130.
D. Public Property. The placement of abandoned vehicles, junk vehicles and vehicle hulks on public property shall constitute a civil infraction and is declared a public nuisance which is subject to abatement and removal pursuant to RCW 46.55.085 and the pertinent sections of Chapter 308-330 WAC and as set forth below:
1. The leaving of a junk vehicle, abandoned vehicle, or vehicle hulk upon public property for a period of 24 hours or longer shall constitute a public nuisance subject to abatement, removal and monetary penalties unless its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
2. A law enforcement officer discovering an apparently abandoned vehicle, junk vehicle or vehicle hulk shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
a. The date and time the sticker was attached;
b. The identity of the officer;
c. A statement that if the vehicle is not removed within 24 hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner’s expense; and
d. The address and telephone number where additional information may be obtained.
3. If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
4. If the vehicle or hulk is not removed within 24 hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle or hulk and provide for the vehicle or hulk’s removal to a place of safety. For the purposes of this section, a place of safety includes the business location of a registered disposer.
5. When a vehicle or hulk is impounded pursuant to RCW 46.55.113, the Police Department shall, within 24 hours after the impoundment, mail notification of the impoundment to the last registered owner and the legal owner of the vehicle as shown on the records of the Department of Licensing or as otherwise reasonably ascertainable. The notification shall contain a certificate of mailing and shall inform the registered owner of the impoundment, redemption procedures, and opportunity for a hearing to contest the basis for the impoundment. The notice need not be mailed if the vehicle is redeemed prior to the mailing of the notice or if the registered owner and the legal owner are not reasonably ascertainable.
6. Upon impoundment of a vehicle pursuant to this section, the law enforcement officer shall also provide the registered disposer with the name and address of the last registered owner and legal owner of the vehicle as may be shown by the records of the Department or as otherwise reasonably ascertainable.
7. The notification provided for in this section shall inform the registered owner that any hearing request shall be directed to the Everson Municipal Court and shall be accompanied by a form to be utilized for the purpose of requesting a hearing. Any request for a hearing pursuant to this section shall be made in writing on the form provided for that purpose and must be received by the Court within 15 days of the date the notification provided for in this section was mailed. If the hearing request is not received by the Court within the 15-day period, the right to a hearing is waived and the registered owner shall be liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely hearing request, the Court shall proceed to hear and determine the validity of the impoundment and any infractions alleged.
8. Removal and storage of a vehicle or hulk under RCW 46.55.085 and/or this section shall be at the owner’s expense, except as provided, or as otherwise directed at a hearing requested by the owner.
9. Any unauthorized abandoned vehicle, junk vehicle or vehicle hulk impounded pursuant to this section shall otherwise be processed in the manner prescribed by Chapter 46.55 RCW and other pertinent provisions of Chapter 308-330 WAC.
E. Enforcement. In addition to the abatement and removal remedies for abandoned vehicles, junk vehicles and automobile hulks or parts thereof as provided in this section, each of the remedies in EMC 8.08.100 through 8.08.130, and amendments thereto, shall apply in the enforcement of subsections C and D of this section at the election of the enforcement officer. [Ord. 720 § 3, 2012.]
8.08.050 Attractive nuisance.
A. It is the purpose of this section to protect the public, and particularly children of any age, from injury or death from conditions that may otherwise attract them or that have existed where the public or children are known to frequent and present a hazardous situation or condition. Each of the following is determined to be an attractive nuisance:
1. Open excavations, ditches or trenches that an adult or child could reasonably be expected to injure themselves if such adult or child were to fall or slip into the same or any open excavation, ditch or trench, other than designed and approved storm detention facilities that may collect standing water for any period of time, where such open excavation, ditch or trench remains open and exposed or where adequate precautions reasonably designed to prevent access by an adult or child such as fencing, warnings, brightly colored warning tape, patrolling or monitoring of the immediate area in question are missing or not in place. If active construction has ceased for a period of seven days or more, open excavations, ditches or trenches shall be properly covered or secured.
2. Machinery and equipment accessible to an adult or child of any age that may be potentially dangerous if the public or children were to be exposed to or playing on or about the same. Machinery and equipment includes, but is not limited to, all motorized construction equipment, and electrical, gas operated and air pressure tools and equipment and potentially dangerous hand tools left in such a condition where adequate precautions reasonably designed to prevent access by an adult or child, such as fencing, warnings, red or orange warning tape, patrolling or monitoring of the immediate area in question, are missing or not in place.
3. The improper handling, storage or keeping of any chemical substances, mixtures or wastes as defined in the Toxic Substances Control Act, 15 U.S.C. Sections 2601 through 2692; hazardous substances, materials or wastes as defined under the Washington Model Toxics Control Act, Chapter 70.105D RCW; or other substances, materials or wastes that could reasonably be expected to be harmful or injurious to the public or children of any age that are used, stored or kept on private property or at a construction site or any commercial property in such a manner that it could reasonably be expected that children or the public could access the same. “Improper use, handling, storage or keeping” means such substances, materials, wastes or chemicals are left in an unsecure and unlocked storage facility or left accessible by the intruding public or children around commercial, business or construction sites. Also, construction materials that could reasonably be expected to be harmful to children that are not specifically defined or referred to herein are a potential nuisance.
4. Abandoned, used or unused, discarded, or stored iceboxes, refrigerators, freezers or other containers having a door with a latch or lock that is not opened from the inside, or any structure or building of any nature that is not regularly occupied or that may be abandoned that any person or child could enter and may not reasonably be expected to remove themselves therefrom or it may reasonably be expected that such person or child could be injured therein.
5. The existence of any open or unsecure well, pit, shaft, storage tank, cistern or any similar situation that is not securely closed and made inaccessible to the general public or children. Abandoned, uncompleted construction or construction materials not covered, marked or secured in an appropriate manner.
B. Creating, allowing or maintaining a nuisance as described in subsections (A)(1) through (A)(5) of this section is unlawful and the enforcement officer as provided for in this chapter may maintain such enforcement or correction action as provided in EMC 8.08.100 through 8.08.130. [Ord. 720 § 3, 2012.]
8.08.060 Trees, plants, shrubs or vegetation.
A. It is the purpose of this section to eliminate and remove uncultivated vegetation that presents a menace to the public health, safety and welfare of the community and to prevent and exterminate to the extent possible noxious weeds. The following are determined to be a nuisance:
1. Trees, plants, shrubs or vegetation, or parts thereof, which so overhang any sidewalk or street, or which are growing thereon in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public or obstruct the view of pedestrians or users of vehicles thereon or interfere with the wires, poles or fixtures lawfully maintained thereon.
2. Grass, weeds, shrubs, bushes, refuse, trees or other types of plants or vegetation that are left growing in an unmaintained or uncontrolled manner or which are left in a pile or piles or scattered about on any property and become a fire hazard or a gathering place for rodents, skunks, wasps, or other animals, pests or insects.
3. Noxious weeds, meaning a plant or plants that when established are highly destructive, competitive or difficult to control by cultural or chemical practices or that may be listed in the “Washington State Noxious Weeds List” established pursuant to Chapter 17.10 RCW, that are left growing uncontrolled or left growing where no action is taken to eliminate or eradicate the same, and as a result thereof, the noxious weeds have spread or are reasonably expected to spread to residential properties in the immediate vicinity.
4. Rapidly growing deciduous shrubs and trees, including alder, birch, poplar and cottonwood, left unattended and not maintained or pruned on vacant property that exceed 20 feet in height that potentially shade, eliminate view corridors, and scatter leaves and debris on adjoining property.
5. The disposal, dumping or placing of grass or lawn clippings, leaves, shrub and tree prunings, clippings or debris and other yard waste or debris on neighboring or adjacent property owned by another without the consent or permission of such neighboring or adjacent property owner.
6. Overgrown Vegetation. Any vegetation in any and all yard areas adjacent to a building or structure which is so overgrown or lacking in maintenance as to be unsightly to neighboring property or potentially, because of size or lack of maintenance, dangerous to the public health, safety and welfare. Vegetation includes trees that, because of size and lack of maintenance or disease, may be injurious to neighboring structures and inhabitants.
B. Creating, allowing or maintaining a nuisance as described in subsections (A)(1) through (A)(6) of this section is unlawful and the enforcement officer as provided for in this chapter may maintain such enforcement or correction action as provided in EMC 8.08.100 through 8.08.130. [Ord. 720 § 3, 2012.]
8.08.070 Unhealthy or unsightly conditions.
A. It is the purpose of this section to eliminate and remove conditions or acts which lead to blight and contribute to the deterioration of the neighborhood or adjoining property and to eliminate or remove conditions or acts which annoy, injure or endanger the comfort, repose, health, or safety of others. The following are determined to be a nuisance:
1. The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area any accumulation, collection or untidy storage of any of the following: old appliances or parts thereof; old iron, steel, aluminum or other metal; junk vehicles, vehicle hulks, vehicle parts, machinery or equipment; mattresses, bedding, clothing, rags or cloth; straw, packing material, cardboard or paper; tin cans, wire, bottles, glass, cans, barrels, bins, boxes, containers, ashes, plaster or cement; wood or lumber not neatly stacked or piled; or, in addition to the above articles, any condition determined to be unhealthy after written complaint from a local health official, a fire hazard after written complaint from a local fire official, or an unsightly condition after written complaint from two or more residents within the neighborhood or general vicinity of the condition.
2. Throwing or depositing or causing to be deposited in any street, alley or other public place in the City any garbage, refuse, filth, debris, offal, the carcass of any animal, or other offensive matter, or causing or permitting such or any offensive matter to collect or remain in any place in the City to the prejudice or annoyance of others.
3. Abandoned or Destroyed or Partially Finished Buildings. Any building which is in an unsightly condition because of: (a) abandonment or lack of occupancy for a period of one year, and/or (b) abandonment or lack of occupancy for a period of 60 days because of partial destruction or failure to complete construction within the time authorized by a building permit or any extension thereof.
4. Unsightly and Deficient Exterior Materials. Any building which has peeling, cracked, faded, chipped, torn or missing exterior surface materials including, but not limited to, paint, stucco, siding, shingles or roof shingles so as to make the same unsightly. “Exterior surface materials” include, but are not limited to, roofing, building walls, doors, garage doors, porches, patios, awnings, screens, windows, window frames and casements, ledges, fascias, eaves and any wood or vinyl trim.
5. Accumulation of Litter and Debris. Any accumulation of dirt, litter, debris, rubbish, trash, discarded items, including, but not limited to, discarded household items and vehicle parts, accumulated to such an extent and left in yard areas, vestibules, or doorways in open view as to annoy or offend or endanger public health and/or safety.
6. Ground Cover. In connection with a building, the failure to maintain a ground cover in a condition to eliminate an unsightly appearance by failure of the owner or occupant to prevent erosion, excessive dust, or the accumulation of water and mud. Ground area is that area in open view appurtenant to and not occupied by buildings, accessory structures, walkways, pools, and spas, driveways, decks or similar architectural or decorative device. Such ground areas shall be maintained with a reasonable ground cover to eliminate the aforementioned detrimental features, including, but not limited to, grass, plants, shrubs and flowers or artificial or decorative features including bark, rock, cement and other vegetation.
7. Fences and Walls. Any fence or wall or accompanying gate which is torn, leaning or tilting in an unsafe manner or is otherwise dilapidated, deteriorated, rotted or missing parts or materials thereof.
8. Garage Doors. Any garage access door in open view lacking paint or missing visible parts and materials or the lack of a garage door where the open garage is visible from the street or alley so as to be unsightly.
9. Deteriorated or Missing Driveway and/or Driveway Aprons. Any driveway and/or driveway apron which is deteriorated, crumbling, weed infested or lacks adequate covering, such as, but not limited to, asphalt, cement or brick, or missing portions thereof. It is also the City’s intent to keep dirt, gravel, debris, etc., from entering a City right-of-way.
10. Refuse Container Storage. Any refuse container stored in the front yard or side yard and in open view, except where placed in places for collection at the times and manner permitted in this code.
11. Graffiti. The existence of graffiti on public or private property, as defined by Chapter 9.55 EMC. A notice of defacement shall be sent to the property owner in lieu of a notice of violation, as described by this chapter. The City may consider granting a hardship to those property owners who are a victim of graffiti vandalism upon the demonstration by the property owners that they lack the financial means to cover the removal costs.
B. Creating, allowing or maintaining a nuisance as described in subsections (A)(1) through (A)(11) of this section is unlawful and the enforcement officer as provided for in this chapter may maintain such enforcement or correction action as provided in EMC 8.08.100 through 8.08.130. [Ord. 720 § 3, 2012.]
8.08.080 Unlawful to permit or maintain nuisance.
It is unlawful and a Class 1 civil infraction for any person, by himself or by his agents or employees, or as the agent or employee of another person, firm or corporation, to do or permit to be done upon any premises over which he has control, or maintain, carry on, suffer or allow any of the acts or things declared to be nuisances herein; or to do or cause or permit, or suffer to be done, or to maintain any act or thing which is detrimental or injurious to public health, or offensive to the senses, or contrary to public decency or morality. If the owner or agent of any premises has actual or constructive knowledge of the maintenance on or in his premises of any nuisance, as defined herein, he shall be deemed one of the persons in control of the premises. [Ord. 720 § 3, 2012.]
8.08.090 Enforcement officer.
Any enforcement officer is authorized to enforce this chapter. The City Building Official (CBO) is authorized to investigate and process complaints under this chapter. After an investigation is complete, the CBO shall contact a law enforcement officer and communicate in writing violations of this chapter. The enforcement officer will verify the violation and initiate the necessary enforcement action including, but not limited to, the issuing of notices of violation, citations or referral of charges to the City Prosecutor’s office for summons. [Ord. 720 § 3, 2012.]
8.08.100 Enforcement.
A. The enforcement provisions herein, this section through EMC 8.08.130, inclusive, are applicable to violations of this chapter of the Everson Municipal Code, as well as to violations of other chapters of the Everson Municipal Code which refer to these enforcement provisions.
B. Upon receipt of written complaints from two separately residing citizens and/or business owners within Everson City limits, specific information or observation of an apparent violation of this chapter, or upon observation by City staff, the enforcement officer will verify whether conditions at the site constitute a violation and whether remedial action is required. If no violation exists, the case will be closed. If a violation exists requiring remedial action to bring the condition or action into conformance, the following enforcement procedures apply:
1. The enforcement officer may issue a notice of violation to any person responsible for permitting or maintaining a condition in violation of this chapter. The notice of violation shall include: (a) name and address of the person found to be the owner or the owner’s agent or the occupant responsible for correcting the violation; (b) address or sufficient description of the property at which the condition exists; (c) a brief description of the violation and reference to the applicable code provision violated; (d) statement of the required corrective action; (e) statement of the time by which correction must be completed, which shall not be less than 10 days unless the enforcement officer has found that an imminent hazard exists to the health or safety of the public; (f) a statement that a fine of $250.00 per violation may be imposed if correction is not made by the date in the notice of violation and that each day such violation continues beyond the deadline for correction constitutes a separate and additional violation; (g) a statement of office address and office phone number of the enforcement officer or his/her agent; (h) a statement that if the person responsible does not complete correction of the violation by the date required, the City may abate the condition and recover costs and penalties as provided herein; and (i) a statement that correction of the violation shall mean compliance as defined in subsection D of this section.
2. The notice of violation shall be served by the enforcement officer or his or her agent either personally upon the person responsible or by mailing it to him or her by regular and certified mail, return receipt requested, at his/her last known address. Service by mail shall be deemed effective the third day following the day the notice was placed in the mail, excluding Sundays and holidays. If neither personal nor mailed service can be accomplished, a copy of the notice shall be posted conspicuously on the affected property or structure.
3. After issuance of the notice of violation, a voluntary correction agreement may be entered into between the City and the responsible person. Such agreement will suspend monetary penalties unless a violation of the agreement occurs. Such agreement shall waive the rights to a hearing on the issue of whether or not the violation exists and will allow the City to enter onto the subject property to make inspections. This agreement shall set forth the City’s ability to abate the violation at the property owner’s expense pursuant to RCW 7.48.260 by application to the superior court or pursuant to the Everson Municipal Code.
4. In the absence of a voluntary agreement described above and at the end of the specified time frame in the notice of violation, the site will be re-inspected by an enforcement officer to see if the condition has been corrected. If the condition has been corrected, and the responsible person agrees in writing to maintain compliance, as defined in subsection D of this section, the case will be closed. If the condition has not been corrected a Class 1 civil infraction shall be issued pursuant to Chapter 2.32 EMC assessing a civil penalty of $250.00 per violation. Each violation is subject to a civil infraction and each day a violation continues beyond the deadline for correction constitutes a separate and additional violation subject to issuance of a civil infraction. Once a civil infraction is issued, each day that a violation has not been corrected constitutes an ongoing and continuing and separate violation which is subject to a civil penalty of $250.00 per day per violation for each day a violation continues, without the need to issue a new civil infraction.
5. The civil infraction shall be served in accordance with Chapter 2.32 EMC.
6. If the person responsible has not contested the civil infraction as provided for in Chapter 2.32 EMC, or if the person responsible has contested but the court has adjudged the person responsible to be guilty of the civil infraction and has not authorized a delay and there has been no appeal to superior court, and correction has not been made within the specified time, the City is authorized by this chapter to apply to the court that the matter be transferred to superior court, which shall proceed to try the issue of abatement pursuant to RCW 7.48.260, or pursuant to the Everson Municipal Code, and upon receiving an order from the superior court the City may proceed with its own personnel or with a contractor to abate the condition in any reasonable manner.
C. Notwithstanding the provisions herein, the monetary penalties and the cost of abatement accomplished by the City constitute a personal obligation of the responsible person and the City may by use of appropriate legal remedies including, without restricting the City’s remedies, foreclosing against the real property of the responsible person in the manner of foreclosing mechanics’ liens pursuant to Chapter 60.04 RCW, recover such penalties and abatement costs, together with interest and reasonable attorney’s fees and costs as the court may have ordered and to enter into compromises.
D. Compliance. For the purposes of this section, a condition or action for which a notice of violation has been issued shall be considered corrected when:
1. The required corrective action set forth in the notice of violation is taken as determined by the enforcement officer; or
2. The condition has been corrected pursuant to a voluntary agreement as determined by the enforcement officer; and
3. The condition remains in compliance with the provisions of this code for a period of not less than one year. [Ord. 720 § 3, 2012.]
8.08.110 Repeated violations.
Failure by an owner to remain in compliance with the corrective action required by a notice of violation for a period of one year from the first date of compliance, as determined by the enforcement officer, shall result in issuance of a civil infraction pursuant to EMC 8.08.100 and the civil penalty for a violation under this section shall be $250.00 per violation per day. [Ord. 720 § 3, 2012.]
8.08.120 Emergency enforcement.
Whenever the enforcement officer finds a violation of this chapter and that an emergency condition results therefrom or it reasonably appears to cause or constitute an imminent or immediate danger to the health and safety of the public, and the responsible person cannot be contacted or refuses to immediately abate the same, the enforcement officer shall have authority to summarily and without notice abate the same. Notice of the abatement action shall be given to the responsible party as soon thereafter as possible and the City shall be entitled to recover the abatement costs as provided in this chapter. [Ord. 720 § 3, 2012.]
8.08.130 Suits for abatement and injunctive relief.
In addition to or as an alternative to any penalty provided herein by law, whenever the enforcement officer determines a violation to exist, the City may proceed in addition to any other remedy provided herein to enjoin and abate the same and such abatement for nuisance shall be pursuant to Chapter 7.48 RCW. [Ord. 720 § 3, 2012.]