Chapter 8.08
JUNK*
Sections:
8.08.010 Intent and method of the city council.
8.08.030 Voluntary compliance—Agreements.
8.08.040 Notice of civil violation.
8.08.050 Service of notice of civil violation.
8.08.070 Civil monetary penalties.
8.08.080 Alternative or additional remedies.
* Prior ordinance history: Ord. 577.
8.08.010 Intent and method of the city council.
The intent of the city council in enacting the ordinance codified in this chapter is to provide a fair and efficient method to cause owners and occupants of property or their agents to cause the removal of junk from such property. The method selected by the city council in this chapter is the civil violation and abatement method. A notice of civil violation can be issued to the owner or occupant who shall order abatement of the condition. If compliance is not achieved, civil penalties will accrue against the owner and/or occupant as provided in this chapter, and the city may itself abate the condition. Provision is made for appeals by such owners or occupants. Methods of achieving voluntary compliance also are provided for. (Ord. 718 (part), 2006)
8.08.020 Definitions.
Unless a different meaning is plainly required by the context, the following words and phrases as used in this chapter shall have the following meanings:
“Abate” means to remove, destroy or to otherwise remedy an unlawful condition, by such means and in such manner as is necessary in the interests of the general health, safety and welfare of the community.
“Civil violation” means a violation of a provision of this chapter, for which a monetary penalty may be imposed under this chapter. Each day in which the violation occurs or continues to exist is a separate violation.
“Director” means the director of public works or agents thereof.
“Junk” means all articles such as old appliances and furniture or parts thereof, boxes, cardboard, paper, glass, old wood, tires, mattresses, building materials, vehicles and similar articles and materials, and also includes all trash and debris. “Junk” refers only to materials left outside of any fully enclosed structure, which is exposed to the natural elements, that serves as habitat for vermin, breeding ground for insects or creates other public health concerns. Specifically exempt from the definition of junk is building material placed upon a job site for which a currently valid building permit exists.
“Premises” means any parcel of land, whether improved or not.
(Ord. 718 (part), 2006)
8.08.030 Voluntary compliance—Agreements.
The department of public works shall investigate and inspect for violations of this chapter, and when its employees or agents observe a violation, or what the employee or agent believes to be a violation, he or she shall attempt to contact the owner of the property or the owner’s agent or a resident of the property and make reasonable attempts to get the owner or resident voluntarily to remove such junk. (Ord. 718 (part), 2006)
8.08.040 Notice of civil violation.
The director shall issue a notice of civil violation to any person responsible for a violation of this chapter and/or who is responsible for maintenance of the property upon which the violation is found.
The notice of civil violation shall be on a form which shall include: (1) name and address of the person found to be the owner, or the owner’s agent or the occupant responsible for correcting the violation; (2) address or sufficient description of the property at which the condition exists; (3) reference to the definition of junk in Section 8.08.020 of this chapter and a brief description of the violation; (4) statement of the required corrective action; and (5) statement of the time by which correction must be completed, which shall not be less than twenty (20) days unless the director has found that an imminent hazard exists to health or safety of the public; and (6) statement of office address and office number of the director or his or her agents. It also shall contain 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 in accordance with Section 8.08.100 of this chapter. (Ord. 718 (part), 2006)
8.08.050 Service of notice of civil violation.
The director or his or her agent shall serve the notice, either personally upon the person responsible or by mailing it to him or her by regular and certified mail at his or 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. (Ord. 718 (part), 2006)
8.08.060 Abatement by city.
If the person responsible has not appealed the notice of violation, or if the property owner has appealed and been found to be in violation of this chapter, then the city is authorized by this chapter to proceed with its own personnel or with a contractor to remove such junk and to dispose of it at an approved disposal or recycled material site. The city may impose a lien against the property in an amount sufficient to cover the city’s cost to remove and dispose of the junk. (Ord. 718 (part), 2006)
8.08.070 Civil monetary penalties.
Civil infraction penalties shall accrue as follows: Each violation will be punished by a fine not to exceed two hundred fifty dollars ($250.00) per violation nor to exceed a fine of two hundred fifty dollars ($250.00) per day that violations occur and for each day of violation thereafter until the violation has been corrected. In addition, the person responsible shall be assessed for the city’s documented and reasonable costs not to exceed costs of abatement. All proceedings for the civil violation will be in accordance with Section 1.20.020 of this code.
Payment of a monetary penalty shall not relieve the person to whom the notice of civil violation was issued of the duty to correct the violation.
The monetary penalty and assessed costs constitute personal obligation of the person to whom the notice of civil violation was directed. Any monetary penalty assessed must be paid to the city within ten (10) calendar days from notice of the assessment. If necessary, the city is authorized to collect the monetary penalty by use of appropriate legal remedies and/or to retain collection agencies for such purpose and if necessary to file suit to recover such penalty, and interest and reasonable attorney’s fees and to enter upon private property with the consent of the owner or occupant thereof to make inspections and also to abate conditions. If entry to property is refused and it is necessary to be had, the city may use any lawful means necessary to obtain entry. (Ord. 718 (part), 2006)
8.08.080 Alternative or additional remedies.
The provisions of this chapter may be used in addition or alternative to other penalties and this chapter shall be the means of enforcing the prohibition on the storage, keeping or accumulation of junk. In addition, the city may proceed under state statutes to seek to abate any nuisance as provided in RCW Chapter 7.16. (Ord. 718 (part), 2006)