Chapter 9.06
NUISANCE, SPECIFICALLY DEFINED
Sections:
9.06.005 Nuisance – Statutes adopted by reference.
9.06.020 Investigation and declaration.
9.06.030 Notice of abatement – Generally.
9.06.040 Notice of abatement – Delivery.
9.06.050 Notice of abatement – Appeal.
9.06.060 Abatement by city – Charge against owner.
9.06.130 Violation – Civil penalty.
9.06.140 City retains right of lien.
9.06.005 Nuisance – Statutes adopted by reference.
Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 9.66 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
RCW
9.66.010 Public nuisance.
9.66.020 Unequal damage.
9.66.030 Maintaining or permitting nuisance.
9.66.040 Abatement of nuisance.
9.66.050 Deposit of unwholesome substance.
(Ord. 1409 § 1, 2006).
9.06.010 Nuisances declared.
The following specific acts, omissions, places, conditions, and things are hereby declared to be nuisances: the erecting, maintaining, using, placing, depositing, causing, allowing, leaving, or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, avenue, alley, park, parkway, or other public or private place in the city of Fircrest any one or more of the following places, conditions, things, or acts to the prejudice, danger, or annoyance of others, to wit:
(a) Filthy, littered or trash-covered premises, including all buildings and structures thereon and all areas adjacent thereto.
(b) Animal manure in any quantity which is not securely protected from flies and the elements or which is kept or handled in violation of any ordinance of the city of Fircrest.
(c) Poison oak, poison ivy, deadly nightshade, or any noxious or toxic weed or uncultivated plant (whether growing or otherwise), weeds, grass over eight inches tall, uncultivated shrubs or growth higher than two feet, or grass clippings, cut brush or cut weeds.
(d) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all other trash or abandoned material, unless the same are kept in covered bins or metal receptacles approved by the health officer.
(e) Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material, lumber not neatly piled, scrap iron, tin, and other metal not neatly piled, or anything whatsoever in which flies may breed or multiply or which provides harborage for rats or which may be a fire danger.
(f) Any putrid, unsound or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish or fowl, butcher’s trimmings and offal, or any waste vegetable or animal matter in any quantity, garbage, human excreta or other offensive substance; provided, nothing herein contained shall prevent the temporary retention of waste in receptacles in the manner approved by the health officer of the city of Fircrest.
(g) Burning or disposal of refuse, sawdust or other material in such a manner as to cause or permit ashes, sawdust, soot or cinders to be cast upon the streets or alleys of the city of Fircrest, or to cause or permit the smoke, ashes, soot or gases arising from such burning to become annoying to any considerable number of persons or to injure or endanger the health, comfort or repose of said persons. (Ord. 962 § 1, 1990).
9.06.020 Investigation and declaration.
Upon receipt of information that one or more of the aforementioned acts, omissions, places, conditions or things exist, the city manager or his designee shall cause the same to be investigated and shall, if warranted, make a declaration that a nuisance exists. (Ord. 962 § 2, 1990).
9.06.030 Notice of abatement – Generally.
If such a declaration is made, the city shall require the owner of the property involved to abate the nuisance at his own cost and expense, in whole or in part. Notice shall be given to such owner and shall describe the property involved, the condition to be corrected, and the time within which the owner must correct the condition, which shall in no event be less than five days. Such notice shall further provide that in the event the owner fails to abate the nuisance within the specified period of time, the city may cause the work to be performed and may assess all or any portion of the cost thereof against the owner. Such notice shall further provide that the city may seek a civil penalty as provided in FMC 9.06.130. (Ord. 1207 § 1, 1998; Ord. 962 § 3, 1990).
9.06.040 Notice of abatement – Delivery.
Such notice shall be deposited in the U.S. mail with a return receipt requested or shall be personally served by delivering a copy thereof to the owner or by leaving the same with a person of suitable age or discretion at the owner’s place of residence. If the owner is not a resident of the city of Fircrest, the notice shall be served by leaving the same with the tenant in possession of the property or, if there is no such tenant, by posting a copy of the notice in a conspicuous place on the property involved and by mailing a copy thereof to the owner at his/her last known address, if any. (Ord. 962 § 4, 1990).
9.06.050 Notice of abatement – Appeal.
A person to whom a notice of abatement has been issued may appeal the issuance of such notice by filing a written notice of appeal with the city manager or his designee within seven calendar days from the date of service of said notice. The city manager shall review such appeal and shall make a determination, after considering all pertinent facts, within 10 days. A copy of the decision shall immediately be mailed to the appellant, and, if the nuisance is still found to exist, the owner shall be notified therein of the amount of time within which such nuisance must be abated. (Ord. 962 § 5, 1990).
9.06.060 Abatement by city – Charge against owner.
In the event the nuisance has not been abated within the time prescribed in the notice, the city may cause the same to be abated and may charge the cost thereof against the property owner. The city may also seek a civil penalty as provided in FMC 9.06.130.
Whenever a nuisance violation causes a condition, the continued existence of which constitutes an immediate and emergent threat to the public health, safety, or welfare of the environment, the city may summarily and without prior notice abate the condition. (Ord. 1409 § 2, 2006; Ord. 1207 § 2, 1998; Ord. 962 § 6, 1990).
9.06.070 Notice of civil infraction – Authorization.
Repealed by Ord. 1207. (Ord. 962 § 7, 1990).
9.06.080 Notice of civil infraction – Delivery.
Repealed by Ord. 1207. (Ord. 962 § 8, 1990).
9.06.090 Civil penalty – Amount.
Repealed by Ord. 1207. (Ord. 962 § 9, 1990).
9.06.100 Notice of civil infraction – Appeal.
Repealed by Ord. 1207. (Ord. 962 § 10, 1990).
9.06.110 Civil penalty – Accrual.
Repealed by Ord. 1207. (Ord. 962 § 11, 1990).
9.06.120 Continued duty to correct.
Repealed by Ord. 1207. (Ord. 962 § 12, 1990).
9.06.130 Violation – Civil penalty.
Any person violating the provisions of this chapter shall be punished by a civil fine in a sum not exceeding $1,000, and the court, with or without such fine, may order such nuisance to be abated. Each day a person or entity violates or fails to comply with a provision referenced in this chapter may be considered a separate infraction.
If the person cited fails to pay a penalty imposed pursuant to this chapter, the penalty or abatement costs may be referred to a collection agency. The cost to the city for the collection services will be assessed as costs, at the rate agreed to between the city and the collection agency, and added to the judgment. Alternatively, the city may pursue collection in any other manner allowed by law. (Ord. 1409 § 3, 2006; Ord. 1207 § 3, 1998; Ord. 962 § 13, 1990).
9.06.140 City retains right of lien.
In addition to the right of the city to assess costs and penalties against owners as stated in FMC 9.06.030, the city shall retain all right of lien against the property in question for costs that remain unpaid, in the manner and form provided by law. (Ord. 1207 § 4, 1998; Ord. 962 § 14, 1990).
9.06.150 Misdemeanor prosecution prohibited – When.
Repealed by Ord. 1207. (Ord. 962 § 15, 1990).
9.06.160 Severability.
If any one or more sections, subsections or sentences of the chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. 962 § 16, 1990).