Chapter 8.24
NUISANCES
Sections:
8.24.020 Nuisances designated.
8.24.025 Permitting – Maintaining.
8.24.035 Voluntary correction.
8.24.040 Enforcement – Notice.
8.24.050 Abatement by the city.
8.24.060 Abatement by owner or other responsible person.
8.24.080 Immediate danger – Summary abatement.
8.24.085 Chronic nuisance properties.
8.24.090 Penalty for violation.
8.24.010 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 in question by such means and in such a manner and to such an extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health and welfare of the community.
B. “Building materials” means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.
C. “Enforcement officer” means the mayor, the chief of police, a uniformed officer, the code enforcement officer, the fire chief or their designees.
D. “Housing unit” means a house, an apartment, a mobile home, a group of homes, or a single room that is occupied as separate living quarters, in which the occupants live and eat separately from any other persons in the building, and which have direct access from the outside of the building through a common hall.
E. “Marijuana nuisance” means the production or processing of marijuana or marijuana-infused products, or the storage or growing of marijuana plants where any portion of such activity can be readily seen by normal unaided vision or readily smelled from a public place or the private property of another “housing unit” as defined in subsection D of this section.
F. “Premises” means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved, including adjacent sidewalks, parking strips, and alleyways, and, on streets without curbs and gutters, “premises” includes the untraveled portion of right-of-way adjacent to said building, lot, parcel, real estate, land or portion of land, improved or unimproved.
G. “Property” means any object of value that a person may lawfully acquire and hold.
H. Public Nuisances.
1. A nuisance consists of unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal, or basin, or any public park, square, street or highway, or in any way renders other persons insecure in life or the use of property.
2. “Public nuisances” include, but are not limited to, those nuisances specifically set forth in GMC 8.24.020 and the following: violations of zoning regulations, building code standards and regulations, utility regulations and standards, environmental regulations and standards; noncompliance with the city’s comprehensive plan or planning goals under the Washington State Growth Management Act; violations of business license regulations; illegal discharges of sewage; the operation of offensive, odiferous or unsanitary businesses; accumulations of refuse constituting fire or safety hazards; and land use activity which depreciates land value, is unsightly, creates excessive noise, fumes, odors or unsanitary conditions, creates danger from fire and/or explosion, creates traffic hazards, or activities which pose a danger to public health, safety or welfare or the economic well-being of the community.
I. Class “A” Nuisances. Class “A” nuisances are those nuisances that, due to their exigent nature, must be abated immediately. Class “A” nuisances may be cited immediately by an enforcement officer unless otherwise provided herein and are misdemeanors.
J. Class “B” Nuisances. Class “B” nuisances are those that do not require immediate abatement and require notice to the owner prior to civil or criminal penalties being imposed. All nuisances not designated as class “A” nuisances are class “B” nuisances.
K. “Responsible person” means any agent, lessee, owner, or other person occupying or having charge or control of any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved, including adjacent sidewalks, parking strips, alleyways, and, on streets without curbs and gutters, the untraveled portion of right-of-way adjacent to said building, lot, parcel, real estate, land or portion of land, improved or unimproved.
L. “Inoperable motor vehicle” means a vehicle which cannot be driven upon the public streets or roadways for any reason, including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. (Ord. 2019-5 § 1; Ord. 2010-8 § 14; Ord. 1758 § 1, 2006; Ord. 1708 § 1, 2005; Ord. 1473 §§ 1, 2, 1997; Ord. 1418 §§ 1, 2, 1995; Ord. 1374 § 1, 1994; Ord. 1023 § 1, 1981).
8.24.020 Nuisances designated.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the enforcement officer determines that any of these conditions exist upon any premises the officer may require or provide for the abatement thereof pursuant to this chapter:
A. Dangerous or Unfit Buildings, Dwellings and Structures.
1. The storage or keeping on any premises for more than 30 days of any used or unused building materials, without a special permit from the code enforcement officer or their designee; provided, that nothing herein shall:
a. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion;
b. Prohibit such storage without a permit on the premises of a bona fide lumberyard, dealer in building materials or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable ordinances; and
c. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws.
2. The existence of any structure or thing on private property abutting or fronting upon any public street, sidewalk, or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition. The existence of any structure or thing described in this subsection (A)(2) is a class “A” nuisance.
3. Any unfit or substandard or boarded up building as is determined by the code enforcement officer or their designee under the property management code as adopted by the city.
4. All vacant, unused or unoccupied buildings and structures within the city, which are allowed to become or remain open to entrance by unauthorized persons or the general public because of broken, missing or open doors, windows or other openings, so that the same may be used by vagrants or other persons in a manner detrimental to the health and welfare of the inhabitants of the city. The existence of a building or structure under this subsection (A)(4) is a class “A” nuisance.
B. Unsightly Areas – Property Maintenance and Vegetation.
1. The existence of uncontrolled weeds, trash, dirt, filth, unused household appliances or household furnishings, including, but not limited to, refrigerators, stoves, hot water heaters, washers, dryers, sofas, chairs, and tables; and carcass of any animal, waste shrubs, accumulations of lawn or yard trimmings or any offensive matter.
2. The keeping of any refrigerator, icebox or deep freeze locker or any other appliance that could become airtight having a capacity of one and one-half cubic feet or more or any other container manufactured, custom-made or homemade designed for storage which is discarded, abandoned or left in a place accessible to children and which has not had the door or latching mechanism removed to prevent the latching or locking of the door. The existence of anything named herein on the owner’s property constitutes a class “A” nuisance.
3. The existence of any dead, diseased, infested or dying tree or tree stump.
4. The existence of any accumulation of materials or objects in a location when the same endangers property or safety or constitutes a fire hazard is a class “A” nuisance.
5. The existence of a sidewalk or portion of a sidewalk adjacent to any premises which is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience in the use of such sidewalk.
6. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, alley, sidewalk, park or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly‑producing, rat‑harboring, disease‑causing places, conditions, or objects which may create a fire, safety, health or sanitary hazard:
a. Any putrid, unhealthy or unwholesome bones, meat hides, skins, the whole or any part of any dead animal, fish, or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles;
b. Any cellar, vault, drain, sump, swimming pool, sewer or septic tank, pit or like place that has become, from any cause, noxious, foul, offensive or injurious to public health, or unpleasant or disagreeable to adjacent residences or persons;
The existence of any condition in subsection (6)(a) or (b) is a class “A” nuisance;
c. Any pools of standing water created by irrigation of private property or abandoned swimming pools that could serve as breeding areas for rats, flies, or mosquitoes;
d. Any filthy, litter or trash covered dwellings, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings, or premises;
e. Any poison oak or poison ivy, Russian thistle, or other noxious weeds, whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles;
f. Any grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died upon any property which are a fire hazard or a menace to public health, safety or welfare;
g. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric‑a‑brac, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash, or abandoned, discarded or unused material, unless it is kept in approved covered bins or receptacles;
h. Any 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 or other metal not neatly piled, or anything whatsoever in which flies or rats may breed and multiply or which may be a fire hazard.
7. Graffiti and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates and other structures, trees and other real and personal property. After 48 hours’ notice to the property owner of the existence of graffiti, failure to remove such graffiti is a class “A” nuisance.
8. Hanging laundry on any fence visible from any street or another person’s property is a class “A” nuisance:
9. The failure to maintain landscaping, including, but not limited to, lawns, shrubs, trees and other plants, whether of natural growth or domestic vegetation in all residential, commercial, manufacturing or industrial areas of the city. “Failure to maintain” in this section means to allow said areas to be overgrown with weeds or an accumulation of trash.
C. Nuisances on Public Property and Public Ways. The following nuisances, after 24 hours’ notice without abatement, shall be class “A” nuisances.
1. The existence of any tree, shrub or overhanging foliage which is apt to destroy, impair, interfere, obstruct or restrict:
a. Travel over any street, alley, sidewalk or other public place or right-of-way;
b. Access to any fire hydrants, standpipes, sprinklers or any other appliance or facility provided for fire protection;
c. Access to any city or other public utilities such as water meters, sewers, power poles, street lights or other public improvements;
d. Light from street lights; and
e. Vision of traffic signs or view of any intersection.
2. The existence of any obstruction to a street, alley, sidewalk or other public place or right-of-way, which is by ordinance prohibited, which is made without lawful permission, or which, having been made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, and for an unreasonable length of time. Any items placed in an alley or public way that are not removed within 24 hours after notice to the adjacent property owner shall be subject to removal by the city and all costs associated with such removal shall be charged to the utility bill for the premises adjacent to the public way upon which the items were located.
3. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk or other public place or right-of-way which is open to travel, or in a city garbage receptacle, any hay, straw, paper, wood, boards, boxes, leaves, manure, or other rubbish or material.
4. The existence of any drainage onto or sprinkling over any street, alley, sidewalk or other public place or right-of-way of irrigation or other water in such a manner as to cause settling or damage to the street, alley, sidewalk or other public place or right-of-way, or to cause damage or hazard to any user of the street, alley, sidewalk or other public place or right-of-way.
5. Any sign, poster or other advertising matter of any nature placed upon a telephone, power or other utility poles, trees, sidewalks, street signs, traffic signs or other traffic control devices or other structures or places within streets, alleys, sidewalks or other public places or rights-of-way.
D. Noise Nuisances. All noise nuisances are class “A” nuisances.
1. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any public street or public place of the city, except as a necessary warning of danger to person or property; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time;
2. The use of any automobile, motorcycle, or other vehicle, or engine, either stationary or moving, or any instrument, device or thing so out of repair, so loaded, or in such manner as to create loud and unnecessary grating, squealing, grinding, rattling or other noise;
3. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between 10:00 p.m. and 7:00 a.m. or at any time and place so as to disturb the quiet, comfort and repose of any person in any dwelling or other type of residence;
4. The keeping in any building or upon any premises of any bird, animal or fowl which by frequent or long continued noise shall disturb the comfort and repose of any person in the vicinity;
5. The sounding of any whistle, siren or bell, receiving its power from whatever source, except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper city authorities;
6. Any construction activity, including excavation and land-clearing work, or erection, demolition, alteration, repair, or relocation of any building or structure, but excluding emergency repairs or city public works activities, which uses powered equipment such as backhoes, trucks, tractors, earth-moving equipment, compressors, motorized or power hand tools, or equipment of a similar nature at any location which produces noise clearly audible from another location in a residential district or at a dwelling in any district, other than between 7:00 a.m. and 10:00 p.m. The building department may, in writing, grant exceptions to these provisions when the work is of urgent necessity in the interest of public safety and convenience;
7. The creation of any unreasonable or excessive noise near any school, institute of learning, church or court, while the same are in session, provided signs are displayed in such vicinities indicating such institution is nearby;
8. The creation of loud and excessive noises in connection with loading or unloading any vehicle, or the opening or destruction of bales, boxes and containers;
9. The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention, by creation of noise, to any performance, show, sale or display of merchandise;
10. The use of mechanical loudspeakers or amplifiers on moving or standing vehicles for advertising purposes;
11. Any “unnecessary noise” as provided in GMC 9.20.060 which reads: It is unlawful to make or cause to be made any unnecessary noise or sounds of such volume or of such a nature as to disturb the peace or cause annoyance to others within the city. It shall further be unlawful for any person to use, operate, play, or permit to be used, operated or played, any radio receiving set, musical instrument, television, phonograph, stereophonic system, drum or any other instrument, machine, or device for the production or reproduction of sound in such a manner as to cause to be made or continued any unnecessary noise as heard without measurement. The operation of any such device described in subsection (A) of this section [GMC 9.20.060(A)] in such a manner as to be plainly audible at either the property line, or 75 feet in the case of a vehicle on a public right-of-way, shall be prima facie evidence of a violation of this section. This section shall not apply to any person who is participating in a school band, civic or religious function or parade.
12. The use of hand or power tools, machinery or powered yard maintenance equipment, which results in unreasonably loud and disturbing noises and is clearly audible at a distance of 50 feet from the location where such tools, machinery or equipment are operated; provided, however, that this section shall not apply to such tools, machinery or equipment used in accordance with manufacturer’s specifications between the hours of 7:00 a.m. and 10:00 p.m.
E. Vehicle Nuisances.
1. The existence on any premises of any inoperable or abandoned vehicle, machinery, equipment, trailer, house trailer, boat or other vehicle, tires or major parts thereof.
2. The stopping or parking of a vehicle within the area designated as a minimum front yard or side yard on a flanking street as defined in GMC Title 17, Zoning, within a residential area. Parking shall be permitted in and upon designated driveways. The designated driveway is defined as the surfaced roadway leading from the street to the garage, covered parking area or other permitted off-street parking area. Violation of this subsection is a class “A” nuisance.
3. Servicing, repairing, assembling, wrecking, modifying, restoring or otherwise working on any vehicle on any residential premises in any zone district shall be subject to the following:
a. Work shall be limited to the minor repair and maintenance of vehicles, equipment or other conveyance currently registered as specified in the Washington Vehicle Code to the occupant or a member of the occupant’s family. This limitation precludes auto repair on residential premises by any commercial entity.
b. Such work shall be conducted on no more than one vehicle at any one time.
c. Major repair such as major engine overhauling, transmission repair or rear end repair or replacement work shall only be done within an enclosed structure (such as a garage) or in an area which is screened from public view.
d. Such work shall be done only between the hours of 7:00 a.m. and 10:00 p.m.
e. Such work shall not be done in a public right-of-way.
f. Storage of parts, equipment or other supplies needed for the repair of the vehicle on the premises must be kept within an enclosed structure or in an area which is screened from public view.
g. No such work which creates a nuisance as defined herein shall be permitted.
h. Upon completion of any work allowed by this section, the property shall be cleaned of all debris, oil, grease, gasoline, cloths, rags and equipment or material used in the work and shall be left in such a condition that no hazard to persons or property shall remain.
i. Disposal of all waste products shall be done in accordance with Chapter 19.114 RCW.
F. Animal Nuisances. All animal nuisances are class “A” nuisances.
1. The habitual or continuing barking, howling, yelping, whining or other oral noises of a dog or other animal while on or off the premises of its owner. In addition to the penalties provided herein, the municipal court judge shall have the authority to order the confiscation of any animal deemed to be an habitual offender of this subsection. A habitual offender shall be deemed to be any animal whose owner has been cited and convicted of this offense on three prior occasions for the same animal. Upon the confiscation of the dog, the judge shall set conditions for the return of the animal and may, if such conditions are not met, order the destruction of the animal.
2. Allowing a dog or other animal to defecate in any area of the city other than the premises of the owner or person having charge of the animal, unless said owner or person being in charge takes immediate steps to remove and properly dispose of said feces.
3. All pens, stables, kennels, yards and other premises where animals are confined or kept for private or commercial purposes shall be maintained in a clean condition so as to avoid unhealthy conditions for the animals or accumulation of animal waste; provided, however, said requirements shall not pertain to customary farm or agricultural practices.
4. Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the city.
G. Drug and Moral Nuisances. All drug and moral nuisances are class “A” nuisances.
1. The illegal possession, delivery or manufacture of any illegal drug.
2. Any building, house, room or other structure or vehicle maintained or used for the purpose of lewdness or prostitution; the sale, use or possession or manufacturing of any illegal drugs.
H. Environmental Nuisances. All environmental nuisances are class “A” nuisances.
1. The existence of any condition which would produce dust or noxious odors; provided, that nothing herein shall be prohibited when done in conjunction with a construction project for which a building permit has been issued and is being prosecuted diligently to completion. However, the contractor or owner will be responsible for dust and odor control throughout his development area.
2. The existence of any strong or offensive odor at the property line, including but not limited to rotting or decaying fish or other dead animals, rotting garbage, animal manure, strong chemical smells, and other strong or offensive odors.
3. Any noxious, foul, offensive or putrid liquid or substance or any liquid or substance likely to become noxious, foul, offensive or putrid to be discarded, placed or thrown upon or to flow from or out of any premises into or upon any adjacent premises or any street, alley, sidewalk or other public place or right-of-way or to stand, remain or be upon any premises or any street, alley, sidewalk or other public place or right-of-way.
4. No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any public property in the city or upon private property in the city not owned by him or her, whether from a vehicle or otherwise.
I. Miscellaneous Nuisances. All miscellaneous nuisances are class “A” nuisances.
1. The existence of caterpillar infestations.
2. The existence of fruit fly infestation, moths, rust, or other tree diseases.
3. The burning or disposal of refuse, sawdust, paper, wood, boards, boxes, leaves, or other rubbish or material.
4. Any pit, basin, pothole, hole, swimming pool or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed or is maintained contrary to law.
5. The use of any laser device to shine at any person, business, residence or automobile or other means of transportation.
6. Maintenance of a “marijuana nuisance” as defined in GMC 8.24.010(E). (Ord. 2019-5 § 2; Ord. 2010-8 §§ 15 – 17; Ord. 1758 §§ 2 – 16, 2006; Ord. 1733 § 1, 2005; Ord. 1715 § 1, 2005; Ord. 1708 § 2, 2005; Ord. 1349 § 1, 1993; Ord. 1023 § 2, 1981).
8.24.025 Permitting – Maintaining.
It is unlawful, and a misdemeanor, 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 to maintain, carry on, suffer, or allow, at any place or places mentioned in GMC 8.24.020, any of the acts or things declared to be nuisances in this chapter; 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 in this chapter, he shall be deemed one of the persons in control of the premises.
The city hereby adopts Chapter 7.43 RCW, Injunctions – Drug Nuisances, and the procedures contained therein are hereby adopted to enjoin violations of GMC 8.24.020(G)(1). (Ord. 1708 § 3, 2005).
8.24.030 Prohibited conduct.
It is unlawful for any responsible person or owner 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 public nuisance. (Ord. 1023 § 3, 1981).
8.24.035 Voluntary correction.
A. Applicability. This section applies whenever the code enforcement officer or his/her designee determines that a nuisance has occurred or is occurring.
B. General. The code enforcement officer or their designee shall attempt to secure voluntary correction by contacting the person responsible for the nuisance and, where possible, explaining the violation and requesting correction.
C. Issuance of Voluntary Correction Agreement. A voluntary correction agreement may be entered into between the person responsible for the violation and the city, acting through the code enforcement officer or his/her designee.
1. Content. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
a. The name and address of the person responsible for the violation; and
b. The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
c. A description of the violation and a reference to the regulation which has been violated; and
d. The necessary corrective action to be taken, and a date or time by which correction must be completed; and
e. An agreement by the person responsible for the violation that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement; and
f. An agreement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses (including attorney fees, expert witness fees, and court costs) and/or a monetary penalty pursuant to this chapter from the person responsible for the violation if the terms of the voluntary correction agreement are not satisfied; and
g. An agreement that, by entering into the voluntary correction agreement, the person responsible for the violation waives the right to a hearing before the court under this chapter or otherwise, regarding the matter of the violation and/or the required corrective action.
2. Right to a Hearing Waived. Upon entering into a voluntary correction agreement, the person responsible for the violation shall have no right to a hearing before the court under this chapter or otherwise, regarding the matter of the violation and/or the required corrective action. (Ord. 2010-8 § 18; Ord. 1758 § 17, 2006; Ord. 1708 § 4, 2005).
8.24.040 Enforcement – Notice.
Enforcement and notice shall be given as set forth in Chapter 15.72 GMC, Administrative Enforcement Program. (Ord. 2010-8 § 20; Ord. 2007-19 § 1; Ord. 1374 § 2, 1994; Ord. 1023 § 4, 1981).
8.24.050 Abatement by the city.
A. Abatement by the city shall be carried out under the provisions of Chapter 15.72 GMC.
B. In addition to the costs of abatement there shall be imposed a charge of from $150.00 to $250.00 for the administrative costs incurred in said process of abatement. (Ord. 2010-8 § 21; Ord. 1758 § 18, 2006; Ord. 1374 § 3, 1994; Ord. 1023 § 5, 1981).
8.24.060 Abatement by owner or other responsible person.
If and when an owner or other responsible person undertakes to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the enforcement officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to the abatement. (Ord. 1023 § 6, 1981).
8.24.070 Right to appeal.
Any person notified of the existence of a nuisance specified in this chapter by the serving of a property violation notice or by a notice to abate unsafe or unlawful condition shall have the right to appeal pursuant to the provisions of Chapter 15.72 GMC. (Ord. 2010-8 § 22; Ord. 2007-19 § 2; Ord. 1758 § 19, 2006; Ord. 1023 § 7, 1981).
8.24.080 Immediate danger – Summary abatement.
Whenever any condition or use of the property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, the enforcement officer shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a civil debt against the owner or other responsible person and be collected as provided in GMC 8.24.050. (Ord. 1023 § 8, 1981).
8.24.085 Chronic nuisance properties.
Chronic nuisance properties present grave health, safety and welfare concerns, which the property owners or persons in charge of such properties have failed to take corrective action to abate the nuisance condition. Chronic nuisance properties have a tremendous negative impact upon the quality of life, safety and health of the neighborhoods where they are located. This chapter is enacted to remedy nuisance activities that repeatedly occur or exist at chronic nuisance properties by providing a process for abatement; and this remedy is not an exclusive remedy available under any state or local laws and may be used in conjunction with such other laws.
Also, chronic nuisance properties are a financial burden to the city by the repeated calls for service to the properties because of the nuisance activities that repeatedly occur or exist on such property, and this chapter is a means to ameliorate those conditions and hold responsible the owners or persons in charge of such property.
A. Definitions. For purposes of this section, the following words or phrases shall have the meaning prescribed below:
1. “Abate” means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this section by means and in such a manner and to such an extent as the applicable city department director or designee determines is necessary in the interest of the general health, safety and welfare of the community;
2. “Control” means the ability to regulate, restrain, dominate, counteract or govern property, or conduct that occurs on a property;
3. “Chronic nuisance property” means property on which three or more nuisance activities occur or exist during any one-year period;
4. “Drug-related activity” means any unlawful activity at a property which consists of the manufacture, delivery, sale, storage, possession, or giving away of any controlled substance as defined in Chapter 69.50 RCW, legend drug as defined in Chapter 69.41 RCW, or imitation controlled substances as defined in Chapter 69.52 RCW;
5. “Landlord” means the owner, lessor, or subleasor of the dwelling unit or the property of which it is a part, and, in addition, means any person designated as a representative of the landlord;
6. “Nuisance activity” means and includes:
a. A nuisance as defined by state law or local ordinance occurring around or near the property; or
b. Any of the following activities, behaviors or criminal conduct:
i. Stalking, RCW 9A.46.110.
ii. Harassment, GMC 9.20.030 and 9.38.010.
iii. Failure to disperse, GMC 9.08.092.
iv. Disorderly conduct, GMC 9.08.094.
v. Assault, GMC 9.12.010.
vi. Injuring property, GMC 9.24.100.
vii. Prostitution, GMC 9.16.020.
viii. Patronizing a prostitute, GMC 9.16.040.
ix. Permitting prostitution, GMC 9.16.050.
x. Promoting prostitution, GMC 9.16.060.
xi. Lewd conduct, GMC 9.16.080.
xii. Any firearms violation listed in Chapter 9.36 GMC.
xiii. Unnecessary noise, GMC 9.20.060.
xiv. Drug-related activity, RCW 69.50.401.
xv. Gang-related activity (as defined in RCW 59.18.030).
xvi. Any attempt to commit and/or conspiracy to commit any of the above activities, behaviors or conduct;
7. “Owner” means any person having any interest in the real estate in question as indicated in the records of the office of the Yakima County auditor or who establishes, under this chapter, their ownership interest therein;
8. “Person” means natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, officer or employee of any of them;
9. “Person associated with a property” means any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit a property or a person present on property, including, without limitation, any officer, director, customer, agent, employee, or any independent contractor of a property, or a person in charge of or owner of property;
10. “Person in charge” of a property means any person in actual or constructive possession of a property, including but not limited to an owner, occupant, agent, or property manager of a property under his or her control;
11. “Premises and property” may be used by this chapter interchangeably and means any building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof including property used as residential or commercial property;
12. “Rental unit” means any structure or that part of a structure, including but not limited to single-family home, room or apartment, which is rented to another and used as a home, residence, or sleeping place by one or more persons.
B. Violation.
1. Any property within the city of Grandview which is a chronic nuisance property is in violation of this chapter and subject to its remedies; and
2. Any person in charge who permits property to be a chronic nuisance property shall be in violation of this chapter and subject to its remedies.
C. Procedure.
1. When the chief of police, or his designee, receives police documentation confirming the occurrence of three or more nuisance activities within a 60-day period on the property, the chief of police, or his designee, may review such reports to determine whether they describe the nuisance activities enumerated in subsection (A)(6) of this section at the address shown on the county auditor records and shall notify the person in charge of the property in writing that the property is in danger of being declared a chronic nuisance property.
2. The notice shall contain:
a. The street address or a legal description sufficient for identification of the property;
b. A concise description of the nuisance activities that exist, or that have occurred on the property;
c. Offer the person in charge an opportunity to abate the nuisance activities giving rise to the violation; and
d. A statement describing that if legal action is sought, the property could be subject to closure, civil penalties and/or costs assessed up to $100.00 per day after the notice of the chronic nuisance property received.
3. Such notice shall be either (a) personally served, or (b) delivered by first class mail to the person in charge of the property with a copy mailed to the owner at the address indicated by the Yakima County auditor, if different than the person in charge of the property.
4. If the person in charge fails to respond to the notice within the time prescribed, the chief of police or his designee shall post such notice at the property and issue the person in charge a civil infraction. If the person in charge fails to respond to the issued infraction, the matter shall be referred to the office of the city attorney for further action.
5. If the person in charge responds as required by the notice and agrees to abate the nuisance activity, the chief of police, or his designee, and the person in charge and/or property owner, may work out an agreed upon course of action which would abate the nuisance activity. If an agreed course of action does not result in the abatement of the nuisance activities or if no agreement concerning abatement is reached, the matter shall be forwarded to the office of the city attorney for enforcement action.
6. It is a defense to an action for chronic nuisance property that the person in charge at all times could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the determination that the property is chronic nuisance property.
D. Commencement of Action – Enforcement.
1. Once the matter is referred to the city attorney, the city attorney shall immediately review and make a determination to initiate legal action authorized under this chapter or state statute, or may seek alternative forms of abatement of the nuisance activity. The city attorney may initiate legal action on the chronic nuisance property and seek civil penalties and costs in superior court for the abatement of the nuisance.
2. In determining whether a property shall be deemed a chronic nuisance property and subject to the court’s jurisdiction, the city shall have the initial burden of proof by a preponderance of the evidence that the property is a chronic nuisance property. The city may submit official police reports and other affidavits outlining the information that led to arrest(s), and other chronic nuisance activity occurring or existing at the property. The failure to prosecute an individual or the fact no one has been convicted of a crime is not a defense to a chronic nuisance action.
3. Once a superior court determines the property to be a chronic nuisance under this chapter, the court may impose a civil penalty against any or all of the persons in charge of the property and/or the owner of the property, and may order any other relief deemed appropriate. A civil penalty may be assessed for up to $100.00 per day for each day the nuisance activity continues to occur following the date of the original notice by the chief of police, or his designee, as described in subsection C of this section. In assessing the civil penalty, the court may consider the following factors, citing to those found applicable: (a) the actions taken by the person in charge and/or owner to mitigate or correct the nuisance activity; (b) the financial condition of the person in charge; (c) the repeated or continuous nature of the nuisance activity; (d) the statements of the neighbors or those affected by the nuisance activity; and (e) any other factor deemed relevant by the court.
4. The superior court which determined the property to be a chronic nuisance property shall also assess costs against the person in charge and/or owner in the amount it costs the city to abate, or attempt to abate, the nuisance activity.
5. If the superior court determines the property to be a chronic nuisance property, the superior court shall order the property closed and secured against all unauthorized access, use and occupancy for a period up to one year, and may impose a civil penalty and costs.
6. Once a determination has been made by the superior court that the nuisance property shall be subject to closure, the court may authorize the city to physically secure the premises and initiate such closure. Costs for such closure shall be submitted to the court for review. Any civil penalty and/or costs awarded to the city may be filed with the city treasurer who shall cause the same to be filed as a lien on the property with the county treasurer. The city shall file a formal lis pendens notice when an action for abatement is filed in the superior court.
7. The superior court shall retain jurisdiction during any period of closure or abatement of the property.
8. Grandview municipal court is to have jurisdiction of all infractions issued pursuant to this chapter.
E. Summary Closure. Nothing in this chapter prohibits the city from taking any emergency action for summary closure of such property when it is necessary to avoid an immediate threat to public welfare and safety. The city may take summary action to close the property without complying with the notification provisions of subsection C of this section, but shall provide such notice as is reasonable under the circumstances. (Ord. 2007-4 § 1; Ord. 1711 § 1, 2005; Ord. 1708 § 5, 2005).
8.24.090 Penalty for violation.
Penalty for the violation of any of the provisions of this chapter shall be as set forth in Chapter 15.72 GMC. (Ord. 2010-8 § 23; Ord. 1758 § 20, 2006; Ord. 1708 § 5, 2005; Ord. 1023 § 9, 1981).