Chapter 7.88
PUBLIC NUISANCES
Sections:
7.88.020 Conditions constituting a public nuisance.
7.88.025 State statutes adopted.
7.88.030 Working on a vehicle.
7.88.050 Abatement by city when not abated by owner after notification.
7.88.060 Abatement by owner or other responsible person.
7.88.070 Summary abatement of dangerous conditions.
7.88.010 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
(1) “Abate” means to repair, replace, remove, destroy or otherwise remedy the nuisance by such means, and in such manner, and to such an extent as is necessary in the interest of the general health, safety, and welfare of the community.
(2) “Enforcement officer” means the city manager or his or her designee.
(3) “Premises” means any building, lot, parcel, real estate or land or portion thereof, whether improved or unimproved, including adjacent sidewalks and parking strips.
(4) “Responsible persons” means any agent, lessee, or other person, other than the owner, occupying or having charge or control of any premises. (Ord. 732 § 1, 2004; Ord. 350 § 1, 1979).
7.88.020 Conditions constituting a public nuisance.
Each of the following conditions is declared to constitute a public nuisance and whenever the enforcement officer determines that any of these conditions exist upon any premises or in any lake, creek, stream, drainage way or wetland, upon either public or private lands, the enforcement officer may require or provide for the abatement thereof pursuant to this chapter:
(1) The existence of any tree that is in danger of falling, thereby creating a substantial risk of damage or injury to property or persons;
(2) The existence of any accumulation of materials or objects in a location or in a manner that endangers property or safety or constitutes a fire hazard;
(3) The existence of any unused and abandoned trailer, house trailer, automobile, boat or other vehicle or major parts thereof;
(4) The existence of any abandoned or unused well, cistern or storage tank unless such tank is securely closed so as to prevent entry and such well or cistern is filled or securely capped to prevent entry;
(5) The existence of any unattended or discarded icebox, refrigerator or other large appliance;
(6) The existence of any drainage onto or over any sidewalk, street or public right-of-way;
(7) The sale of goods from residential structures, except where all standards of NPMC 18.32.050 are met;
(8) Repealed by Ord. 812;
(9) Any fighting between persons or animals or birds conducted on any premises or at any location, violation of which is considered a misdemeanor;
(10) The processing of hides, skins, the whole or any part of any dead animal, fish or fowl, vegetable or animal matter in any quantity, but nothing herein shall prevent the temporary retention of wastes in approved covered receptacles;
(11) Any privies, vaults, cesspools, sumps, pits or like places intended for waste materials;
(12) Any littered, decaying, unkept, falling or damaged dwellings or structures;
(13) The existence on any premises of trash or abandoned materials, including bottles, cans, glass, ashes, and scrap iron;
(14) Keeping of more than four dogs or more than four cats on any premises, except litters under the age of four months, without a current animal license as described in Chapter 6.04 NPMC;
(15) Keeping of any animals in contravention of the regulations specified in NPMC Title 6 or Title 18;
(16) Construction, expansion, or remodeling until such permit shall have been issued;
(17) The existence of any violation of shoreline use regulations as specified in Chapter 16.20 NPMC;
(18) Violations of zoning or land use restrictions or requirements as specified in NPMC Title 13 or Title 18;
(19) Encroachment into any public right-of-way by structures or walls; or trees, shrubs or other vegetative matter that interferes with public safety, driving sight lines, or the free passage of pedestrians;
(20) Violations of building and construction codes as specified in NPMC Title 14. (Ord. 868 § 4, 2011; Ord. 857 § 14, 2010; Ord. 812 § 2, 2008; Ord. 732 § 2, 2004; Ord. 720 § 4, 2003; Ord. 556 § 1, 1992; Ord. 417 § 12, 1983; Ord. 350 § 2, 1979).
7.88.025 State statutes adopted.
In addition to the types of nuisances specified in NPMC 7.88.020, the following state statutes defining and prohibiting public nuisances are adopted by reference: RCW 9.66.010 and 9.66.020. (Ord. 732 § 3, 2004; Ord. 374 § 1, 1980).
7.88.030 Working on a vehicle.
In addition to the types of nuisances specified in NPMC 7.88.020, servicing, repairing, assembling, wrecking, modifying, restoring, or otherwise working on any vehicle on any residential premises in any zoning district is considered a public nuisance and shall be subject to the following:
(1) Work shall:
(a) Be limited to the repair and maintenance of vehicles, equipment, or other conveyance registered or owned by the occupant, a member of the occupant’s family or a friend. This limitation precludes auto repair on residential premises for any commercial purposes.
(b) Be conducted on no more than one vehicle at any one time.
(c) Be done only between the hours of 8:00 a.m. and 9:00 p.m.
(d) Not be done in a public right-of-way.
(2) 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 screened from public view.
(3) 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 remains.
(4) Disposal of all waste products shall be done in accordance with local and state regulations. (Ord. 732 § 5, 2004).
7.88.040 Notification.
(1) An enforcement officer having knowledge of any public nuisance shall cause any owner or other responsible person to be notified of the existence of a public nuisance on any premises and shall direct the owner or other responsible person to abate the condition within 10 days after notice or other reasonable period by notifying the owners and mortgage holder, as applicable, in accordance with RCW 35A.21.405.
(2) If the enforcement officer determines that an emergency exists, the nuisance may be ordered to be abated within 24 hours.
(3) If the enforcement officer is unable to deliver personal notice to the owner or other responsible person, notice requirements shall be satisfied by posting a copy of the order on the premises and mailing a copy to the owner or responsible person at the address of the premises or at any other address known to the enforcement officer.
(4) The notice shall be in substantially the following form:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
As the person in control of the property at _________(Street Address)_________, you are hereby notified that the undersigned pursuant to the Normandy Park Municipal Code has determined that there exists upon or adjoining said property the following condition contrary to the provisions of subsection ____ of 7.88.020-.030 (Fill in the condition causing the nuisance)
You are hereby notified to abate said condition to the satisfaction of the undersigned within 10 days of the date of this notice. If you do not abate such condition within 10 days, the City may abate the condition at your expense.
Abatement is to be accomplished in the following manner:
Appeal: You may appeal this determination to abate unsafe or unlawful conditions pursuant to chapter 19.150 NPMC.
Dated: (Name of Enforcement Officer)
By: ____________________________
(Ord. 1005 § 2 (Exh. B § 6), 2021).
7.88.050 Abatement by city when not abated by owner after notification.
If the responsible person does not abate the nuisance as provided in NPMC 7.88.040, the city may seek a court order to abate the nuisance at the owner’s or responsible person’s expense. Upon the city’s partial or total abatement of the nuisance, the owner or responsible person becomes indebted to the city for the damage, costs and charges incurred by the city in the abatement process. This debt is in addition to other penalties described in Chapter 19.140 NPMC. The city may recover its costs in accordance with NPMC Title 19, including but not limited to filing a lien against the premises to secure payment of the debt and may foreclose on the lien pursuant to law. (Ord. 1005 § 2 (Exh. B § 7), 2021; Ord. 732 § 7, 2004; Ord. 350 § 5, 1979).
7.88.060 Abatement by owner or other responsible person.
If and when an owner or responsible person undertakes to abate any condition described in this chapter, all legal conditions pertinent to the abatement may be imposed. It is unlawful for the owner or responsible person to fail to comply with such conditions. Nothing in this chapter relieves any owner or responsible person of the obligation to obtain required permits to do any work incidental to the abatement. (Ord. 732 § 8, 2004; Ord. 350 § 7, 1979).
7.88.070 Summary abatement of dangerous conditions.
Whenever any condition on or use of property creates an imminent or immediate danger to the health or safety of the public, the enforcement officer has the authority to summarily and without notice abate the nuisance. The expenses of the abatement become a civil debt against the responsible person. This debt is in addition to other penalties described in Chapter 19.140 NPMC. The city may recover its costs in accordance with Chapter 19.160 NPMC. (Ord. 1005 § 2 (Exh. B § 8), 2021; Ord. 732 § 9, 2004; Ord. 350 § 8, 1979).
7.88.080 Penalties.
Any person violating or failing to comply with any provision of this chapter shall be subject to the provisions and penalties set forth in NPMC Title 19. The abatement of nuisance is not a penalty for violating this chapter, but an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance. (Ord. 1005 § 2 (Exh. B § 9), 2021).