Chapter 8.10
NUISANCES
Sections:
8.10.020 Public nuisance defined.
8.10.050 Enforcement and abatement.
8.10.060 Correction by owner or other responsible person.
8.10.070 Immediate danger – Summary correction.
8.10.010 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
(1) “Boarded-up building” means any building, with at least 25 percent of exterior openings closed by extrinsic devices or some other manner designed or calculated to be permanent, giving the building the appearance of nonoccupancy or nonuse for an indefinite period of time.
(2) “Correct” means to abate, repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community.
(3) “Code enforcement officer” means the person or persons defined as an authorized official pursuant to KMC 1.22.020.
(4) “Health officer” means the director of the Kittitas County health district or his designee.
(5) “Responsible person” means any agent, lessee, or other person occupying or having charge or control of any premises.
(6) “Building materials” means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials.
(7) “Premises” or “subject property” means any building, lot, parcel, real estate, or land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking lanes.
(8) “Membrane” means a tarpaulin, banner, fabric, or other sheeting, made of cloth, plastic, vinyl, paper or other similar material.
(9) “Criminal street gang” is defined in RCW 9.94A.030(15) as now enacted or hereafter amended.
(10) “Pattern of criminal street gang activity” is defined in RCW 9.94A.030(36) as now enacted or hereafter amended.
(11) “Occupant” means any person occupying the premises.
(12) “Owner” means the record owner of the subject property as listed in the records of the Kittitas County assessor. (Ord. 14-027 § 1).
8.10.020 Public nuisance defined.
A “public nuisance” is any thing, act, failure to act, occupation or use of property which:
(1) Annoys, injures, or endangers the safety, health, comfort or repose of one or more persons;
(2) Offends public decency;
(3) Unlawfully interferes with, obstructs, tends to obstruct, or renders dangerous for passage a public park, street, sidewalk, alley, highway or other public area; or
(4) In any way renders one or more persons insecure in life or the use of property. (Ord. 14-027 § 1).
8.10.030 Nuisance defined.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the compliance officer determines that any of these conditions exist upon any premises or in any stream, drainageway or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. The determination of the compliance officer shall be afforded great weight in the resolution of any contest over the enforcement of this chapter. The determination of the compliance officer shall be sustained unless the court determines that the officer’s application of this chapter is contrary to law or the respondent establishes by a preponderance of the evidence that the factual basis for the issuance of the infraction or notice to correct unsafe or unlawful condition is unfounded. It is the policy of the city to establish a duty requiring each property owner within the city to maintain their premises in a neat, orderly and clean condition, to preserve property values, aesthetics and quality of life.
(1) Vegetation.
(a) The existence of any vine, shrub or plant growing on, around, or in front of any fire hydrant, utility pole, utility box, or any other appliance or facility provided for fire protection, public, or private utility purposes in such a way as to obscure from view or impair access thereto.
(b) The existence of any dead, diseased, infected or dying tree, shrub or other vegetation which may pose a danger to vegetation, crops, property or persons.
(2) Buildings – Structures – Fences.
(a) All buildings, other structures, or portions thereof which have been damaged by fire, decay, or have otherwise deteriorated so as to endanger the safety of the public.
(b) The existence of graffiti, which is defined as a defacing, damaging, or destructive inscription, figure or design painted, drawn or the like, on the exterior of any building, fence, gate, or other structures or on rocks, bridges, trees, or other real or personal property.
(3) Public Ways – Private Property of Others.
(a) All limbs of trees which are less than seven feet above the surface of any public sidewalk, or 14 feet above the surface of any street.
(b) The repair or abandonment of any automobile, truck, or other motor vehicle of any kind upon the public streets or alleys of the city.
(c) The existence of any fence, other structure, or thing on private or public property abutting or fronting upon any public street, sidewalk or place, which is sagging, leaning, fallen, decayed or is otherwise dilapidated and creating an unsafe condition.
(d) The depositing, storing, or burning or causing to be deposited, stored, or burned in any street, alley, sidewalk, parkway or other public place which is open to travel, of any debris, wood piles, auto parts or bodies, garbage, hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material.
(e) Dumping, throwing, placing, leaving or causing or permitting to be dumped, thrown, placed or left any filth, paper, cans, glass, rubbish, trash, garbage, grass trimmings, shrub trimmings, and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch or public or private property of another in the city.
(4) Accumulations of Materials, Garbage, Etc.
(a) The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area of any accumulation, collection or untidy storage of any of the following: old appliances or parts thereof; old iron, steel, aluminum or other metal; inoperable junk vehicles, vehicle parts, machinery or equipment; unused and abandoned trailer, house trailer, automobile, or other vehicle or major parts thereof; 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; or wood. This determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property.
(b) Accumulation of garbage, decaying vegetation, manure, dead animals, or other noxious things in a street or alley, or on public or private property to an extent injurious to public health as determined by the Kittitas County health district.
(c) The existence of any weeds, trash, dirt, filth, the carcass of any animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter.
(5) Fire Hazards – Toxic or Caustic Substances.
(a) The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard.
(b) All explosives, flammable liquids, and other dangerous substances stored or used in any manner in violation of the Uniform Fire Code.
(c) Defective or overflowing septic or sewage systems, and the existence of any noxious, foul, or putrid liquid or substance which poses a health hazard or creates a noxious odor.
(d) Outside storage of containers with spent oil, solvents, or hazardous chemicals as defined by Washington State Department of Ecology.
(6) Holes, Pits, Bodies of Water, and Excavations.
(a) Any pit, hole, basin or excavation which is unguarded or dangerous to life or has been abandoned, or is no longer used for the purpose constructed, or is maintained contrary to statutes, ordinances, or regulations.
(b) Any well or storage tank permitted to remain on any public or private property without being securely closed or barring any entrance or trapdoor thereto, or without filling or capping any well.
(c) Any man-caused pool of standing or stagnant water, except storm drainage systems, which serves as a breeding area for insects.
(7) Attractive Nuisances. The permitting to remain outside any dwelling, building, or other structure, or within any unoccupied or abandoned building, dwelling, or other structure, in a place accessible to children, any abandoned, unattended, or discarded ice chest, refrigerator or other airtight container, which does not have the door, lid or other locking device removed.
(8) Noise. Making or causing to be made by means of any mechanical device, electrical or otherwise, any unnecessary noise of any kind which annoys the public as provided in Chapter 17.44 KMC.
(9) Dust. The permitting of any condition or situation where the soil has been disrupted, disturbed, or destabilized so as to allow blowing dust to exist.
(10) Animals.
(a) The keeping or permitting the existence of any bees or other insects, reptiles, rodents, fowl or any other animals, domestic or wild, in any manner contrary to law, or which affect the safety of the public.
(b) The killing and butchering of any animal on any residential lots within the city. Provided, game animals killed and gutted elsewhere may be skinned and cut up, and game birds may be plucked and cleaned so long as the skin, feathers and any other waste parts are promptly and properly disposed of so as to not produce an odor or attract insects or rodents.
(c) The keeping or harboring of any dog, fowl or other animal which by frequent or habitual howling, yelping, barking, crowing, or in the making of other noises, annoys or disturbs the public.
(11) Public Health. All other acts, failure to act, occupations, or use of property which is determined by the health officer to be a menace to the health of the public. (Ord. 15-027; Ord. 14-027 § 1).
8.10.040 Prohibited conduct.
(1) It is unlawful for any responsible person or owner to permit, maintain, suffer, carry on, or allow, upon any premises or in any lake, river, stream, drainage way or wetlands, any of the acts or things declared by this chapter to be a public nuisance.
(2) It is unlawful for any person to create, maintain, carry on or do any other acts or things declared by this chapter to be a public nuisance. (Ord. 14-027 § 1).
8.10.050 Enforcement and abatement.
Any person, firm, or corporation violating any of the provisions of this code shall be subject to the penalties set forth in Chapter 1.26 KMC and subject to the enforcement provisions of Chapters 1.22 and 1.24 KMC. (Ord. 14-027 § 1).
8.10.060 Correction by owner or other responsible person.
If and when an owner or other responsible person shall undertake action to correct any condition described in this chapter whether by order of the code enforcement officer, or otherwise, all necessary and legal conditions pertinent to the correction may be imposed by the code 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 permits or approvals to do any work incidental to the correction. (Ord. 14-027 § 1).
8.10.070 Immediate danger – Summary correction.
Whenever any condition on or use of 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 significant portion thereof, the code enforcement officer shall have the authority to summarily and without first giving notice to correct the same. The expense of such correction shall become a civil debt against the owner or other responsible party and be collectible in the same manner as any civil debt owing to the city. (Ord. 14-027 § 1).