Chapter 8.33
CHRONIC PUBLIC NUISANCES
Sections:
8.33.030 Chronic nuisance property defined.
8.33.050 Procedure—Notice of violation—Appeal—Penalties.
8.33.060 Commencement of action.
8.33.010 Definitions.
Unless otherwise specified, for purposes 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. Where terms, phrases, and words are not defined herein within this chapter, they shall have their ordinary accepted meaning within the context in which they are used.
A. “Abate” means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the public official determines is necessary in the interest of the public health, safety, and welfare of the community.
B. “Chief of police” means the chief of the Ocean Shores police department or his or her designees.
C. “Control” means the ability to regulate, restrain, dominate, counteract, or govern property or conduct that occurs on a property.
D. “Drug-related activities” means any unlawful activity at a property which consists of the manufacture, delivery, sale, storage, possession, or giving away of any controlled substance as defined in Chapter 96.50 RCW, legend drug as defined in Chapter 69.41 RCW, or imitation controlled substances as defined in Chapter 69.52 RCW.
E. “Nuisance activity” includes, but is not limited to, violation of the following laws, ordinances and regulations:
1. “Most serious offense” as defined in Chapter 9.94A RCW;
2. Section 7.15.030, Disorderly conduct;
3. RCW 9A.84.010, Riot;
4. RCW 9A.36.041, Assault in the fourth degree, domestic violence;
5. RCW 9A.46.020, Harassment;
6. “Drug-related activities” as defined in subsection (D) of this section;
7. Indecent exposure, prostitution offenses and sex offenses;
8. Alcohol offenses;
9. RCW 9.03.010, Abandoning, discarding refrigeration equipment;
10. RCW 68.50.130, Unlawful disposal of remains;
11. Contributing to delinquency;
12. Weapons violations;
13. Chapter 8.32, Nuisances;
14. International Fire Code;
15. International Building Code;
16. Title 17, Zoning;
17. Gang-related activity as defined in RCW 59.18.030.
F. “Owner” means any person having any interest in the real estate in question as indicated in the records of the office of the Grays Harbor County assessor, or who establishes, under this chapter, his or her ownership interest therein.
G. “Person” means natural person, joint venture, partnership, association, club, company, corporation, business trust, or organization, or the manager, lessee, agent, officer, or employee of any of them.
H. “Person in control” of a property means any person in actual or constructive possession of a property, including, but not limited to, an owner, occupant, tenant, agent, or property manager of a property under his or her control.
I. “Premises” and “property” may be used in this chapter interchangeably and mean any building, lot, parcel, dwelling, rental unit, real estate, or land, or portion thereof, including property used as residential or commercial property.
J. “Public official” means any official of the city designated by the mayor, authorized to enforce this chapter, including, but not limited to, officials of the city of Ocean Shores police department, fire department, public works department, or building department.
(Ord. 1011 § 1 (part), 2018)
8.33.020 Purpose.
The purpose of this chapter is to protect the health, safety, and welfare of the residents of the city by:
A. Establishing standards for reducing criminal activity and improving building conditions.
B. Working cooperatively with property owners to develop a plan of action to accomplish these goals.
C. Monitoring a plan of action to ensure the reduction of calls for service and that building conditions are improved.
D. Establishing due process by which property owners can appeal decisions if necessary.
E. Establishing civil penalties for failure to comply with the plan of action.
F. Establishing a judicial process to abate properties if necessary.
This chapter addresses chronic nuisance properties that are in violation of various sections of the Ocean Shores City Code which continue to be unresolved by normal compliance methods, therefore resulting in the necessary enactment of the provisions of this chapter. Chronic nuisance properties present grave health, safety, and welfare concerns, which the property owners or persons in control of such properties have failed to take corrective action to abate the nuisance condition. Chronic nuisance properties have a tremendous negative impact upon the quality of life, safety, and health of the neighborhoods where they are located. This chapter is enacted to remedy nuisance activities that repeatedly occur or exist at chronic nuisance properties by providing a process for abatement, and this remedy is not exclusive. Any remedy available under any state or city laws may be used in lieu of or in conjunction with the remedies under this chapter. (Ord. 1011 § 1 (part), 2018)
8.33.030 Chronic nuisance property defined.
A chronic nuisance property exists as a result of a property owner omitting to perform a duty or permitting an action or condition to occur or exist which intrudes on or interferes with the ability of neighbors or residents to use or enjoy their properties or public property adjacent to the property where the nuisance occurs. Such chronic nuisance properties include, but are not limited to:
A. Properties on which three or more nuisance activities as described in Sections 8.33.020(D) and (E) or 8.32.020 exist or have occurred within a sixty-day period or seven or more nuisance activities have occurred during any twelve-month period; or
B. A 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 twelve-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 have occurred on the property.
(Ord. 1011 § 1 (part), 2018)
8.33.040 Violation.
A. Any real property or premises within the city that is a chronic nuisance property is in violation of this chapter and is subject to its remedies.
B. Any owner or person in control of real property or the premises within the city who permits the property to become a chronic nuisance property shall be in violation of this chapter and subject to its remedies.
C. Each day that a property or person is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter.
(Ord. 1011 § 1 (part), 2018)
8.33.050 Procedure—Notice of violation—Appeal—Penalties.
A. Upon making a determination that a parcel of real property is a chronic nuisance property, a public official may pursue enforcement of the chronic nuisance provisions of this chapter.
B. The appropriate chief of police shall first confirm the presence of a chronic nuisance property, using the definition set forth in Section 8.33.030. If it is determined that the property is not a chronic nuisance, no action will be taken.
C. If it is determined that the property is a chronic nuisance property, a notice of violation will be sent to the owners of the property as indicated in the records of the office of the Grays Harbor County assessor. The notice of violation shall contain:
1. The street address or a legal description sufficient for identification of the property;
2. A declaration that the chief of police has determined the property has become a chronic nuisance property with a concise description of the nuisance activities that currently exist or which have occurred on the property;
3. A demand that the owners respond to the chief of police within ten calendar days of service of the notice of violation to discuss the nuisance activities and to create a plan of action to abate the chronic nuisance;
4. A statement that if the owner of the property does not respond to the chief of police as required in this section, or fails to develop or to comply with a plan of action, their failure may leave the property subject to abatement, and the owners may be liable for civil penalties up to two hundred fifty dollars per day, and the owner may be responsible for the costs of abatement; and
5. The owner’s right to appeal the determination.
D. The notice of violation shall be served upon the owners of the real property subject to the notice, at the address of record at the Grays Harbor County assessor’s office, by certified mail or by personal service.
E. If the owner(s) respond, as required by the notice of violation, and agree to abate the nuisance activities, the chief of police shall devise a correction agreement which would abate the nuisance activities. The correction agreement may include, but not be limited to, items such as education of the owners, physical improvements for crime prevention, security for the property, eviction of tenants, and other items necessary to abate the chronic nuisance. The agreement must include specific time frames in which items will be completed.
F. An owner who receives a copy of a correction agreement describing a chronic nuisance property, permitted by the person in control other than the owner or the owner’s agent, shall promptly take all reasonable steps requested in writing by the chief of police to assist in abatement of the nuisance property. Such reasonable steps may include the owner taking all actions and pursuing all remedies, including pursuing eviction of the person in control, that are (1) available to the owner pursuant to any lease or other agreement, and (2) consistent with state and local laws, including but not limited to RCW 59.18.580, the victim protection limitation on landlord’s rental decisions.
G. A correction agreement is a contract between the city and the person in control of the chronic nuisance property in which such person agrees to promptly take all lawful and reasonable actions, which shall be set forth in the agreement to abate the nuisance activities within specified time and according to specified conditions. The agreement shall be signed by the person in control and, if different, the owner. The agreement shall include the following:
1. The name and address of the person(s) in control of the property;
2. The street address or a description sufficient for identification of the property, building, structure, or land upon or within which the nuisance is occurring;
3. A description of the nuisance activities;
4. The necessary corrective action to be taken, and a date or time by which correction must be completed;
5. An agreement by the person in control that the city may inspect the property as may be necessary to determine compliance with the correction agreement;
6. An understanding by the person in control or owner that the chief of police will issue an infraction if the terms of the correction agreement are not met and may be issued for each additional day the agreement is not met;
7. An agreement that if those monetary penalties set in the infraction are not paid, and failure to correct the nuisance activities, that the city may abate the nuisance and recover its costs, expenses and monetary penalties pursuant to this chapter from the person in control for abating the nuisance if the terms of the correction agreement are not met; and
8. When a person in control, other than owner or an owner’s agent, has permitted a property to be a chronic nuisance property, an agreement by the owner to promptly take action and pursue all remedies requested by the chief of police.
H. A person to whom a notice under this section has been issued may appeal the issuance of the notice by filing a written notice of appeal with the police chief within five calendar days from the date of service of the notice by mail, as evidenced by the postmark on the notice. The notice of appeal need not be in a particular form but must clearly state that the person identified in the notice of appeal is the person to whom a notice was given, the date of the notice and the notice of appeal, and the reason or reasons why the person believes the notice to be in error. The police chief shall review the appeal and shall make a determination, after considering all pertinent facts, within ten days. The chief of police’s decision shall be in writing, and shall be filed with the city clerk/treasurer. A copy of the decision shall be mailed promptly to the property owner, and, if the decision finds that the chronic nuisance exists, the decision shall notify the property owner of the amount of time within which the necessary corrective action is to be taken, and a date or time by which correction must be completed.
I. If the agreed upon plan of action does not result in the abatement of the nuisance activities, or if no correction agreement can be reached, the chief of police shall be authorized to issue and serve a notice of infraction to the owners of the chronic nuisance property. The chief of police shall deem the owner to be in violation of a Class 2 civil infraction, with a maximum penalty of one hundred twenty-five dollars, plus statutory assessments. Each day that property is not in compliance with the provisions of this chapter shall constitute a separate violation of this chapter.
(Ord. 1011 § 1 (part), 2018)
8.33.060 Commencement of action.
Upon referral pursuant to the declaration of a chronic nuisance, the city attorney may initiate an action in any court of competent jurisdiction to abate a chronic nuisance property, to impose penalties pursuant to this chapter, to seek alternative remedies under city or state laws and seek any other relief authorized by law. (Ord. 1011 § 1 (part), 2018)
8.33.070 Remedies.
A. If the court determines a property is a chronic nuisance property pursuant to this chapter the court may order any of the following:
1. Order the person in control to immediately abate nuisance activity from occurring on the property;
2. Order that the chief of police shall have the right to inspect the property to determine if the court’s orders have been complied with;
3. A penalty of up to five hundred dollars per day against the person in control for each day from the date the notice of violation, pursuant to Section 8.33.050(C), was issued until the chief of police confirms that the property is no longer a chronic nuisance property;
4. Make any other order that will reasonably abate nuisance activities from occurring on the property, including authorizing the city to take action to abate nuisance activities from occurring upon the property if other court orders are not complied with or do not abate nuisance activity on the property; and provided, that the costs of such city action are to be paid for by the person in control of the property.
B. If the court finds that an owner failed to take all reasonable steps requested in writing pursuant to Section 8.33.050(G), the court may impose a civil penalty up to twenty-five thousand dollars.
(Ord. 1011 § 1 (part), 2018)
8.33.080 Additional remedies.
A. In addition to the remedies authorized by Section 8.33.070, if, as part of its order abating a chronic nuisance property, the court orders a person in control to cease renting or leasing a property, the court may order the person in control to pay relocation assistance not to exceed three thousand three hundred dollars to any tenant (1) who must relocate because of the order of abatement, and (2) the court finds not to have caused or participated in nuisance activities at the property.
B. For purposes of this section, the term “tenant” shall have the meaning as set forth in RCW 59.18.030(8).
(Ord. 1011 § 1 (part), 2018)