Chapter 8.25
CHRONIC NUISANCE PROPERTY ENFORCEMENT AND ABATEMENT
Sections:
8.25.040 Determination of chronic nuisance property.
8.25.050 Notice of determination of chronic nuisance property.
8.25.060 Voluntary abatement agreement.
8.25.070 Commencement of action – Enforcement.
8.25.010 Purpose.
This chapter is enacted to remedy nuisance activities that repeatedly occur or exist on properties within the City of Mountlake Terrace by providing a process for abatement. This remedy is not exclusive. Any remedy available under any state or local laws may be used in lieu of or in conjunction with the remedies under this chapter. (Ord. 2803 § 2 (Exh. A), 2022).
8.25.020 Definitions.
For purposes of this chapter:
A. “Abandoned property” means a property over which the person in charge no longer asserts control due to death, incarceration, or any other reason, and which is either unsecured or subject to occupation by an unauthorized person.
B. “Abate” means to remedy a condition or resolve an activity which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the enforcement official determines is necessary to the interest of the general health, safety, and welfare of the community.
C. “Chronic nuisance property” means:
1. Any property which, upon a request for execution of a search warrant, has been the subject of a determination by a court two or more times within a 12-month period that probable cause exists that illegal possession, manufacture or delivery of a controlled substance or related offenses as defined in Chapter 69.50 RCW has occurred on the property.
2. Any abandoned property where nuisance activity exists.
3. A property or structure for which:
a. Four or more nuisance activities exist or have occurred on the property during any 90-day period; or
b. Eight or more nuisance activities exist or have occurred on the property during any 365-day period.
D. “Control” means the ability to direct, determine, allow, and/or restrain the conditions and/or activities located on or occurring on a property, and/or the authority to direct, determine, allow, and/or restrain other people that are present or otherwise occupy a property.
E. “Nuisance activity” means:
1. Any activity, behavior, or conduct constituting:
a. Criminal mischief as defined in RCW 9A.84.010;
b. Disorderly conduct as defined in RCW 9A.84.030;
c. Gang-related activity as defined by RCW 59.18.030;
d. Indecent exposure and prostitution offenses as defined in Chapter 9A.88 RCW;
e. Animal cruelty as defined in Chapter 16.52 RCW;
f. Drug-related offenses as defined in Chapter 69.50 RCW;
g. Precursor drug-related offenses as defined in Chapter 69.43 RCW;
h. Unlawful inhalation of toxic fumes as defined in Chapter 9.47A RCW;
i. Violation of an off-limits order as defined in Chapter 10.66 RCW;
j. Firearm and dangerous weapon offenses as defined in Chapter 9.41 RCW;
k. Possession of stolen property offenses as defined in Chapter 9A.56 RCW;
l. Warrant arrests conducted under authority of a warrant per RCW 10.31.030;
m. Vehicle wrecking offenses as defined in RCW 46.80.020.
2. Multiple nuisance activities contained in a single law enforcement incident report are not counted as separate nuisance activities.
3. Law enforcement response generated by calls for service to aid victims on the property shall not be counted as nuisance activity.
F. “Owner” means one or more persons, jointly or severally, in whom is vested all or any part of the legal title to property, or all or part of the beneficial ownership and a right to present use and enjoyment of the property, including any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building or land.
G. “Person” means an individual, group of individuals, corporation, government or governmental agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
H. “Person in charge” means any person in actual or constructive possession of the property, including but not limited to an owner, lessee, tenant or occupant with control of the property.
I. “Property” means any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, grounds, vacant lots, abandoned property, facilities, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent.
J. “RCW” means the Revised Code of Washington, as in effect at the date of enactment of the ordinance codified in this chapter or as thereafter amended. (Ord. 2803 § 2 (Exh. A), 2022).
8.25.030 Violation.
A. Any property within the City of Mountlake Terrace which is a chronic nuisance property is in violation of this chapter and subject to its remedies;
B. Owners and other persons in charge who permit property to be a chronic nuisance property shall be in violation of this chapter and subject to its remedies; and
C. An owner or person in charge who fails to comply with MTMC 8.25.060 is in violation of this chapter and is subject to penalties pursuant to this chapter. (Ord. 2803 § 2 (Exh. A), 2022).
8.25.040 Determination of chronic nuisance property.
The City may determine that a property is a chronic nuisance property, as defined in this chapter. In making such a determination, the City’s code enforcement officer or designee shall review official documentation such as law enforcement incident reports, notices and orders to correct, and case files to determine if there are sufficient facts and circumstances to support a determination that the property is a chronic nuisance property. (Ord. 2803 § 2 (Exh. A), 2022).
8.25.050 Notice of determination of chronic nuisance property.
A. After making a determination that a property is a chronic nuisance property, the code enforcement officer will notify the owner and person in charge of such property in writing that the property is being declared a chronic nuisance property.
B. The notice shall include:
1. The street address or a legal description sufficient for identification of the property;
2. A concise description of the nuisance activities that exist or that have occurred on the property and whether the property is abandoned;
3. A statement that the owner and/or person in charge of the property may be subject to penalties as set forth in this chapter;
4. A demand that the owner and/or person in charge of such property respond to the enforcement officer within 10 calendar days of service of the notice to create a plan for abatement; and
5. A statement explaining that if the owner and person in charge of the property does not respond to the enforcement official, or if the matter is not voluntarily corrected to the satisfaction of the enforcement official, the City may file an action to abate the property as a chronic nuisance property pursuant to this chapter and/or take other action against the property, owner, and/or person in charge.
C. The notice shall be served by mailing a copy of the notice to the owner and person in charge at his/her last known address, certified mail, return receipt requested and by either:
1. Personal service on the owner and person in charge; or
2. By posting a copy of the notice conspicuously upon the property. (Ord. 2803 § 2 (Exh. A), 2022).
8.25.060 Voluntary abatement agreement.
A. An owner and person in charge who receives notice pursuant to this section must, within 10 calendar days, contact the City to establish a plan of action in the form of an abatement agreement under the terms of which the owner and/or person in charge will eliminate the conditions, behaviors or activities which constitute nuisance activities.
B. An abatement agreement shall be signed by the owner and/or person in charge and shall include the following:
1. The name and address of the owner and/or person in charge of the property;
2. The street address or a legal description sufficient for identification of the property;
3. A description of the nuisance activities to be abated and whether the property is abandoned;
4. The necessary corrective action to be taken, and a date and time by which the correction action must be completed;
5. An agreement by the owner and/or person in charge that, at reasonable times and upon reasonable notice, the enforcement official may inspect the property as necessary to determine compliance with the abatement agreement; and
6. An agreement by the owner and/or person in charge that the City may abate the nuisance and recover its costs and expenses and penalties imposed pursuant to this chapter from the owner and/or person in charge if the terms of the abatement agreement are not met.
C. Corrective action under an abatement agreement may include, but is not limited to:
1. Executing no trespass orders for persons responsible for nuisance activities;
2. Evicting persons responsible for nuisance activities; provided, however, that eviction is a remedy available to the owner pursuant to any lease or other agreement, and provided further that such actions are consistent with state and local laws, including but not limited to RCW 59.18.580, the Victim Protection Limitation on Landlord’s Rental Decisions; and
3. Any other remedy available under state and local law to the owner and/or person in charge. (Ord. 2803 § 2 (Exh. A), 2022).
8.25.070 Commencement of action – Enforcement.
A. The City’s code enforcement officer may refer a chronic nuisance property to the City Attorney if:
1. The owner and/or person in charge of the property fails to timely respond to the notice described in MTMC 8.25.050;
2. The owner and/or person in charge of the property fails to enter into an abatement agreement as described in MTMC 8.25.060;
3. After entering into an abatement agreement as described in MTMC 8.25.050, the owner and/or person in charge fails to abide by the terms of the abatement agreement and the nuisance activities persist on the property; or
4. Regardless of whether the nuisance activities were previously abated pursuant to an abatement agreement, nuisance activities resume at the property within six months of service of the notice described in MTMC 8.25.050.
B. The City Attorney may initiate an action in the superior court to abate a chronic nuisance property, to impose penalties pursuant to this chapter, to seek alternative remedies under state or local laws, and to seek any other relief authorized by law.
C. In any action filed, the City shall have the initial burden of proving by a preponderance of evidence that the property is a chronic nuisance property. Law enforcement reports, reports of other City departments, and affidavits may be offered as evidence of chronic nuisance activity. The fact no one has been prosecuted or convicted of a crime constituting nuisance activity is not a defense to a chronic nuisance action. (Ord. 2803 § 2 (Exh. A), 2022).
8.25.080 Remedies.
A. If the court determines the property to be a chronic nuisance property under this chapter, the court may:
1. Impose a penalty of up to $100.00 per day against the owner and/or persons in charge of the property, jointly and severally, for each day since the date of service of the notice issued pursuant to MTMC 8.25.050 until the enforcement official confirms that the property is no longer a chronic nuisance property;
2. Order the owner and/or person in charge to immediately abate nuisance activity existing or occurring on the property;
3. Order the property closed and secured against all unauthorized access, use and occupancy for a period up to one year;
4. Order that owner and/or person in charge pay relocation assistance to any tenant who must relocate because of the order of abatement, and who the court finds not to have caused or participated in nuisance activities at the property;
5. Order that the City shall have the right to inspect the property to determine if the court’s orders have been complied with; and
6. Order any further relief that will reasonably abate nuisance activities existing or occurring on the property. Such further relief may include authorizing the City to take action to abate nuisance activities if other court orders are not complied with or do not abate nuisance activity on the property. Such actions taken by the City may include closure and securing of the property where allowed under federal, state, and local law. Where the court authorizes the City to take abatement action, the court may assess the costs of such City action against the property, owner and/or person in charge.
B. In assessing a penalty or upon imposing any other remedy, the court may consider the following factors:
1. The actions taken by the person in charge of the property to mitigate or correct the nuisance activity;
2. The financial condition of the owner and/or person in charge;
3. Any known mental or physical disabilities of the owner and/or person in charge;
4. The repeated or continuous nature of the nuisance activity;
5. The statements of the neighbors or those affected by the nuisance activity; and
6. Any other factor deemed relevant by the court.
C. Any penalty and/or costs awarded to the City may be filed as a lien on the property. Any lien for the cost of abatement, including administrative costs incurred as a result of the abatement, may be levied as a special assessment on the property and shall be of equal rank with state, City, and municipal taxes, pursuant to RCW 36.32.120(10).
D. In addition to any other remedy that is authorized by this chapter or other laws, upon the finding by a court that a property is a chronic nuisance property pursuant to this chapter, the owner and/or person in charge is subject to the suspension or revocation of a business license or other license at such property. (Ord. 2803 § 2 (Exh. A), 2022).
8.25.090 Summary closure.
Where authorized, nothing in this chapter prohibits the City from taking any emergency action for the summary closure of such property when it is necessary to avoid an immediate threat to public welfare and safety. (Ord. 2803 § 2 (Exh. A), 2022).
8.25.100 Severability.
If any provision of this chapter or its application to any person or property is held invalid, the remainder of this chapter or the application of the provision to other persons or property is not affected. (Ord. 2803 § 2 (Exh. A), 2022).