Chapter 8.08
NUISANCES
Sections:
8.08.030 Nuisances generally defined.
8.08.040 Nuisances specifically defined.
8.08.050 Parking of vehicles on residential property.
8.08.070 Violations – Penalties.
8.08.100 Graffiti deemed nuisance.
8.08.110 Graffiti definitions.
8.08.130 City costs enforceable debt – Lien.
8.08.010 Scope.
The nuisance code is supplemental to all other laws that have been adopted by the city, and shall be used to help enforce elements within other laws; provided, if specific terms of enforcement and penalties are set forth in the other laws, such provisions shall take precedence over the provisions in the nuisance code. The nuisance code also applies to situations and conditions which are not addressed by other laws of the city. (Ord. 3258 § 1, 2005).
8.08.020 Purpose.
The purpose of this chapter is to provide for the protection of the health, safety, and welfare of the citizens of the city by protecting the quality of life of neighborhoods within the city from urban blight and by providing standards for the appearance and condition of properties; to protect the expectations of the citizens of the city to enjoy their dwellings and property without being subjected to unpleasant conditions; and to protect property values and the livability of neighborhoods by providing an abatement process for nuisances as defined within this chapter. (Ord. 3258 § 1, 2005).
8.08.030 Nuisances generally defined.
A nuisance consists of unlawfully doing an act, or omitting to perform a duty, which acts or omissions either annoy, injure or endanger the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct or render 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 persons insecure in life or the use of property. Such nuisances include, but are not limited to:
A. Unsecured attractive nuisances such as dilapidated buildings or structures;
B. An attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture, or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them; including but not limited to abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperable vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris;
C. Conditions or acts which annoy, injure, or endanger the comfort, repose, health, or safety of others;
D. Conditions or acts which are offensive to the senses;
E. Conditions or acts which interfere with, obstruct, or tend to obstruct or render dangerous for passage any stream, public park, parkway, square, sidewalk, street, or highway and other rights-of-way in the city;
F. Illicit discharges into the municipal storm drainage system (illicit discharges are defined in MVMC 13.33.020);
G. Unauthorized interference with, damage to, or polluting of designated habitat areas, publicly owned restoration sites, streams, creeks, lakes, wetlands, or tributaries and similar areas thereto;
H. Conditions or acts which obstruct the free use of property so as to essentially interfere with the comfortable enjoyment of life and property;
I. Conditions or acts which lead to blight and contribute to the deterioration of the neighborhood or adjoining property; and
J. The improper parking or storage of vehicles on single-family residential lots which impedes the use of yard areas for light, air circulation, recreation, and landscaping. (Ord. 3258 § 1, 2005).
8.08.040 Nuisances specifically defined.
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 any one or more of the following places, conditions, things, or acts to the prejudice, danger, or annoyance of others:
A. Excavations or naturally occurring holes, including, but not limited to, sinkholes, privies, vaults, cesspools, sumps, pits, wells, or any other similar conditions, which are not secure and which constitute a concealed danger or other attractive nuisance.
B. The discharge of sewage, human excrement, or other wastes in any location or manner, except through systems approved for the conveyance of such to approved public or private disposal systems which are constructed and maintained in accordance with the provisions of the plumbing code, as adopted and amended by Chapter 15.04 MVMC, and all other adopted laws pertaining to such systems.
C. Filthy, littered, trash-covered, or overgrown premises or abutting street and alley rights-of-way for which a property owner is responsible, as defined in MVMC 8.08.030, to include, but not be limited to:
1. Accumulated human or animal wastes which are improperly handled, contained, or removed from the premises, including bones, meats, hides, skins, or any part of the animal, fish, or fowl.
2. Overgrown, uncultivated, or unkempt vegetation of any type, including, but not limited to, shrubs, brush, trees, weeds, blackberries, and grasses over one foot in height. Where erosion control issues or indigenous species are present or if the area is classified as a critical area or buffer, an exception or modification may be made to these requirements.
3. Inappropriate disposal or accumulation of vegetation waste, including, but not limited to, grass clippings, cut brush, cut trees, and/or cut weeds.
4. An accumulation of garbage, litter, debris, rubble, hazardous waste, or blight, which includes, but is not limited to, improperly stored bottles, cans, paper, glass, plastic, cardboard, auto parts, tires, scrap metal, scrap wood, discarded or broken appliances, furniture, equipment, bicycles or parts thereof, barrels, boxes, crates, pallets, mattresses, clothing, household goods, construction materials, lumber, metal, improperly piled or stored firewood, or anything in which flies may breed or multiply, which provides harborage for rats or other vermin, or which may be a fire hazard.
5. All places used or maintained as dumps, junk yards, or automobile or machinery disassembly yards or buildings, not licensed and/or located in an improper use zone, or which are operating outside of specific conditions set forth for the operation of such businesses.
6. Inoperable, abandoned, disassembled, or dilapidated appliances, machinery, or vehicles. These provisions shall not apply to vehicle storage areas as defined in Chapter 10.24 MVMC.1
D. The existence of any fences or other structures which are in a falling, decayed, dilapidated, or unsafe condition.
E. Any unsightly, abandoned, or deteriorated building or structure; or any building or structure constructed with inappropriate materials, or improperly fastened together or anchored against the forces of nature.
F. Any building or structure where construction was commenced and the building or structure was left unfinished for more than one year.
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, or to cause or permit the smoke, ashes, soot, or gases arising from such burning to become annoying or to injure or endanger the health, comfort, or repose of said persons.
H. The erection or continuance of use of any building, room, or other place in the city for exercise of any trade, employment, or manufacture which, by emitting noxious exhausts, particulate matter, offensive odors, or other related annoyances, is discomforting, offensive, or detrimental to the health of individuals or of the public.
I. The conduct of a business which, by reason of the participation, encouragement, cooperation, or sufferance of the operator or his or her agent, becomes a place of, haven for, or is commonly the location of, breaches of the peace, lewd behavior, prostitution, or the illegal use or sale of drugs.
J. The smell of marijuana when detectable from a public place, including, but not limited to: sidewalks, roads, parking lots; or from a property owned or leased by another person or entity shall constitute a nuisance under this chapter.
K. Effective July 1, 2016, collective marijuana gardens previously permitted by state law pursuant to Section 49 of 2SSB 5052 repealing state laws permitting collective marijuana gardens.
L. Medical marijuana cooperatives as defined in Chapter 69.51A RCW adopted herein by this reference.
M. Recreational retailers, processors, producers and transporters not located within the city’s commercial-limited industrial district in compliance with the conditions set forth in Chapter 17.56 MVMC. (Ord. 3739 § 5, 2017).
8.08.050 Parking of vehicles on residential property.
The primary function of yards on lots used for residential purposes is to provide access to light and air and to provide circulation, recreation, and landscaping around the residential building. It is the intent of this section to establish standards by which parking vehicles on residential lots is allowable. The parking or storage of vehicles on lots used for residential purposes in violation of the following parking standards shall be considered a nuisance, and subject to penalties in accordance with this chapter:
A. Side Yard and Rear Yard.
1. Parking of vehicles on lots used for residential purposes in the side and rear yard areas, as defined in Chapter 17.06 MVMC, shall be limited to those lots where the side and rear yard areas have legal access from the adjacent street or alley on an approved surface.
2. Parking in side and rear yard areas combined shall be limited to two vehicles or to no more than 60 percent of the combined side and rear yard area, whichever is less, when parking in a front yard is available. When parking is not available within a front yard, parking in side and rear yard areas combined shall be limited to up to six vehicles, or no more than 60 percent of the combined side and rear yard areas, whichever is less.
3. In R-3 and R-4 zoned areas this provision would not apply if the approved parking area (as defined in this chapter) is provided within the side or rear yard area.
B. Front Yard.
1. Where alley access is available, parking in the front yard is discouraged.
2. Parking of vehicles on properties zoned R-1 and R-2 in the front yard, as defined in Chapter 17.06 MVMC, shall be limited to those lots which have legal access from the adjacent street or alley.
3. Parking of vehicles shall be on a properly prepared and contained all-weather surface, including, but not limited to, concrete, asphalt, approved permeable paving materials, or other material approved by the building official. The all-weather surface shall be limited to no more than 60 percent of the front yard area.
4. Parking in front yard areas shall be limited to up to four vehicles per dwelling unit or the number of vehicles which can be parked on the all-weather surfacing, whichever is less.
5. Parking of stored or inoperable vehicles in front yards is prohibited unless permitted pursuant to MVMC 10.10.100.
6. Consistent with Chapter 17.84 MVMC parking of vehicles is prohibited in the front yard of properties zoned R-3 and R-4.
C. Number of Vehicles Parked in the Open.
1. The total number of vehicles parked or stored in the open on a lot used for residential purposes shall be no more than six.
2. For properties zoned or developed consistent with the requirements of the R-3 and R-4 zones, no more than the number of parking spaces required by the zoning code (Chapter 17.84 MVMC), or the number of parking spaces that were approved with the development of the multifamily structure, or the number of parking spaces within an approved parking area can be located on the site.
D. Exceptions. The building official may, under the following circumstances, grant an exception to the maximum number of private vehicles parked on a lot used for residential purposes or allowed in the front, rear, or side yards:
1. Additional vehicles may be allowed in a particular yard if vehicle access to other yards is unavailable.
2. If the number of individuals with valid driver’s licenses within the household exceeds four.
3. Applications for an exception shall be made in writing to the building official within 30 days of the receipt of the initial notice of violation.
4. The building official, when determining the outcome of the exception, may take additional mitigating factors under consideration. Exceptions are subject to review upon receipt of additional complaints.
5. The building official’s determination can be appealed to the city’s hearing examiner as a “Type I” administrative determination following the process outlined within Chapter 14.05 MVMC.
E. Storage Standards.
1. Inoperable or stored vehicles (not defined as junk vehicles) on lots used for residential purposes shall be limited to the rear yard area on an approved surface, as defined within this chapter; and shall comply with subsection C of this section.
2. Type I screening shall be provided between the inoperable vehicles and adjacent properties or rights-of-way. Screening shall be subject to the provisions of MVMC 17.93.040(A), and other applicable codes.
3. Recreational vehicles (RVs) may be stored on properties used for residential purposes on private driveways or in a garage. RVs may not be stored on city rights-of-way except for those RVs meeting the requirement of MVMC 10.20.170(D).
4. RVs may not be occupied on properties used for residential purposes, except when located in a duly established mobile home park. RVs may not be occupied on properties used for residential purposes for more than a total of seven days in any three-month period except when located in a duly established mobile home park. All RVs (occupied or not) shall be parked on the property in accordance with this section and not in any city rights-of-way.
5. RVs may not be hooked up to sewer, water, phone or cable on properties used for residential purposes. The RV may be hooked up to electricity for the purposes of maintaining batteries. Power cords may not cross or obstruct any city rights-of-way (sidewalks, streets or alleys).
6. Only two RVs may be stored on property used for residential purposes. A camper mounted to a running truck would be considered a vehicle as defined in MVMC 8.08.060 and not counted as an RV; however, once the camper is no longer mounted to a running truck it would count as one of the RVs allowed on a site.
F. Parking within an Enclosed Structure. All private vehicles which are fully enclosed within a legally constructed garage or other structure are not considered as part of the allotted number of vehicles.
G. Junk Vehicles. Junk vehicles are defined in Chapter 10.10 MVMC and are subject to the provisions contained therein.
H. Commercial Vehicles. Commercial vehicles are defined in Chapter 10.20 MVMC and shall be subject to the provisions contained therein. (Ord. 3502 § 3, 2010; Ord. 3487 § 2, 2010).
8.08.060 Definitions.
For the purpose of this chapter, certain terms, phrases, words, and their derivatives shall be construed as specified in this section. Terms, phrases, and words used in the singular include the plural, and the plural the singular. Terms, phrases, and words used in the masculine gender include the feminine, and feminine the masculine.
Where terms, phrases, and words are not defined herein, their definitions shall be taken from the International Building Code first, the International Existing Building Code second, and, if not defined therein, shall have their ordinary accepted meaning within the context which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 2000, shall be considered as providing ordinary accepted meanings.
“Act” shall mean anything done, being done, or to be done; performance; deed.
“Approved parking area” means a parking area that was approved by the CEDD either when the structure used for residential purposes was constructed, or was approved through the site plan approval process after the structure was constructed.
“Approved surface” means a surface that is an all-weather surface, including, but not limited to, concrete, asphalt, approved permeable paving materials, or other material approved by the building official.
“Attractive nuisance” shall mean any object or condition which can reasonably constitute a hazard or danger and which is accessible to unauthorized persons.
“Building code” shall mean the building code as adopted and amended by the city in Chapter 15.04 MVMC.
“Director” shall include, but not be limited to, the building official, chief of the police department or fire department, or director of the public works department, finance department, health department, or development services department charged with the enforcement of a particular portion of this chapter. The director of the department may designate an individual to act in his or her stead.
“Inoperable vehicle” shall mean, for the purposes of this chapter, a vehicle which cannot be legally operated on roads, highways, rights-of-way, waterways, or public lands as appropriate for the particular vehicle. Inoperable vehicles shall include, but not be limited to, those which appear inoperable due to missing lights, windows, or other critical parts, equipment, or safety elements.
“Person” shall mean an individual or his or her heirs, executors, administrators, or assigns; and also includes a firm, partnership, or corporation or its successors or assigns or the agent of any of the aforesaid.
“Plumbing code” shall mean the plumbing code as adopted and amended by the city in Chapter 15.04 MVMC.
“Recreational vehicle” or “RV” means a vehicular-type unit primarily designed as temporary living quarters for recreation, camping or travel, which either has its own motive power or is mounted on or drawn by another vehicle; also known as campers, travel trailers, or motor homes.
“Residential lot” or “lots used for residential purposes” means property that is used for residential purposes regardless of its zoning.
“Screening,” for the purposes of this chapter, shall include, but not be limited to, solid wood fencing, chain link fencing with slats, or solid landscaping capable of hiding parked vehicles or other storage from sight by standing individuals at or near the property lines; however, such screening need not exceed six feet in height.
“Stored vehicle” shall mean, for the purposes of this chapter, vehicles kept on a single-family residential lot for over six months without substantial movement of said vehicle.
“Vehicle,” for the purposes of this chapter, shall include, but not be limited to, automobiles, motorcycles, trucks under 12,000 pounds gross vehicle weight, motorized recreational vehicles, campers, travel trailers, boats on or off trailers, utility trailers, or other vehicles. Campers, if removed from the pickup and stored separately, shall be counted as a separate vehicle. Any vehicle over 25 feet in length shall be considered two vehicles. (Ord. 3502 § 2, 2010; Ord. 3487 § 3, 2010; Ord. 3258 § 1, 2005).
8.08.070 Violations – Penalties.
Any person violating or failing to comply with any of the provisions of MVMC 8.08.030 through 8.08.050 shall be subject to the enforcement provisions contained in MVMC Title 19, Code Enforcement. (Ord. 3440 § 6, 2008).
8.08.080 Administrative reviews by the director.
Repealed by Ord. 3440. (Ord. 3258 § 1, 2005).
8.08.090 Appeals to the hearing examiner.
Repealed by Ord. 3440. (Ord. 3258 § 1, 2005).
8.08.100 Graffiti deemed nuisance.
A. The city council finds and declares that graffiti, and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates, vehicles, signs, road surfaces and other structures, trees, and all other real and personal property within the city constitutes a nuisance.
B. The city council further finds that although it is appropriate, where possible, to request that the courts require people who are convicted of acts of defacement and vandalism involving application of graffiti to public or private property to restore the property so defaced, damaged, or destroyed, obtaining convictions for such acts is difficult because the offenses involved can be committed so very quickly and secretively that witnesses to the acts are frequently nonexistent.
C. The city council further finds that although the public should be encouraged to cooperate in the elimination of graffiti by reporting the same to the proper authorities, it is also important to eliminate the presence of graffiti from the community so that the product of the illegal acts of those involved in application of graffiti is not visible and the property on which the graffiti is located and surrounding properties do not suffer diminution of value. (Ord. 3258 § 1, 2005).
8.08.110 Graffiti definitions.
For the purposes of this chapter, the following words shall have the following meanings:
A. “Graffiti” means the defacing, damaging or destroying by spraying of paint or marking of ink, chalk, dye or other similar substances on public or private buildings, structures, and places.
B. “Graffiti abatement procedure” means the abatement procedure which identifies graffiti, issues notice to the landowner to abate the graffiti, and cures in absence of response.
C. “Private contractor” means any person with whom the city shall have duly contracted to remove graffiti. (Ord. 3258 § 1, 2005).
8.08.120 Notice of removal.
A. Whenever the city of Mount Vernon or the city’s designated representative determines that graffiti exists on any public or private buildings, structures, and places which are visible to any person utilizing any public road, parkway, alley, sidewalk or other right-of-way within the city, and when seasonal temperatures permit the painting of exterior surfaces, the city or the city’s designated representative shall cause a notice to be issued to abate such nuisance. The property owner shall have 15 days after the date of the notice to remove the graffiti or the same will be subject to abatement by the city.
B. The notice to abate graffiti pursuant to this section shall be in writing and shall be served upon the owner(s) of the affected premises, as such owner’s name and address appears on the last property tax assessment rolls of Skagit County, Washington. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this section may be served in any one of the following manners:
1. By personal service on the owner, occupant or person in charge or control of the property;
2. By registered or certified mail addressed to the owner at the last known address of said owner. If this address is unknown, the notice will be sent to the property address.
C. The notice to abate graffiti shall be substantially in the following form:
NOTICE TO ABATE GRAFFITI
Date:
To:
NOTICE IS HEREBY GIVEN that you are required, by ordinance of the City of Mount Vernon, Washington, at your own expense, to remove or paint over graffiti located on the property commonly known as [insert street address], Mount Vernon, Washington, which is visible to public view, within fifteen (15) days after the date of this notice. IN THE EVENT YOU FAIL to do so, the City shall cause the nuisance to be abated at your expense by removal or painting over of the graffiti. The cost of abatement by the City or private contractors employed by the City to abate the nuisance will be assessed against your property and such costs will constitute a lien upon the land until paid.
All persons having any objection to or interest in said matters are hereby notified they have the right to appeal this decision by submitting a written notice of appeal to the Director of Development Services or the City of Mount Vernon Code Compliance Officer, P.O. Box 809, 910 Cleveland Avenue, Mount Vernon, WA 98273, including any objections or comments, or to request relief by reason of financial inability, physical inability or time constraints. Within ten (10) days from the date of this notice. If no objections or comments to the notice of abatement are received by the City, the City will, at the conclusion of the fifteen (15) day period, proceed with abatement of the graffiti inscribed on your property at your expense without further notice.
(Ord. 3440 § 9, 2008).
8.08.130 City costs enforceable debt – Lien.
Any and all costs incurred by the city in the abatement of the graffiti nuisance as provided in this chapter shall constitute a debt owed to the city by the property owner or person in charge or control of the property, and shall be enforceable as a lien against the property upon which such nuisance existed, in addition to the other legal remedies available for enforcement of debts. (Ord. 3258 § 1, 2005).
8.08.140 Graffiti appeal.
Within 10 days of the date of mailing or personal service of the notice to abate graffiti, the owner or person occupying or controlling the premises affected may appeal the matter to the Mount Vernon hearing examiner by filing a written notice of appeal with the development services director or code compliance officer. Filing of an appeal will stay, during the pendency of the appeal, any enforcement or actions by the city to abate the graffiti nuisance. (Ord. 3258 § 1, 2005).
8.08.150 Removal by city.
A. Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter as the city or the city’s designated representative approves, the city or the city’s designated representative is authorized and directed to cause the graffiti to be abated by city forces or by private contract, and the city or its private contractor is expressly authorized to enter upon the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate or cover graffiti shall be as close as practicable to background color(s). If the city’s designated representative provides for the removal of the graffiti, he shall not authorize nor undertake to provide for the painting or repair or any more extensive area than the area where the graffiti is located.
B. Property owners in the city of Mount Vernon may consent in advance to city entry onto private property for graffiti removal purposes. (Ord. 3258 § 1, 2005).
8.08.160 Nuisance abatement.
Repealed by Ord. 3440. (Ord. 3258 § 1, 2005).
8.08.170 Collection of judgments.
Repealed by Ord. 3440. (Ord. 3258 § 1, 2005).
8.08.180 Additional relief.
The director may seek any legal or equitable relief available at any time to mitigate any acts or practices that violate the provisions referenced in MVMC 8.08.030 through 8.08.050 or abate any condition that constitutes a nuisance. (Ord. 3258 § 1, 2005).
8.08.190 Severability.
If any provision or section of this chapter shall be held to be void or unconstitutional, all other parts, provisions, and sections of this chapter not expressly so held to be void or unconstitutional shall continue in full force and effect. (Ord. 3258 § 1, 2005).
Code reviser’s note: Chapter 10.24 was repealed by Ordinance 3258. Contact the development services department for more information concerning vehicle storage areas.