Chapter 8.04
NUISANCES
Sections:
8.04.020 Specific nuisances designated.
8.04.040 Abatement by owner or other person.
8.04.050 Immediate danger—Summary abatement.
8.04.010 Definitions.
For the purposes of this chapter:
(a) A “nuisance” consists of doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(1) Annoys, injures or endangers the comfort, repose, health or safety of others;
(2) Offends decency;
(3) Is offensive to the senses;
(4) Unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage, any stream, public park, parkway, square, alley, street or highway in the city of Omak; or
(5) Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life and property. (Ord. 1483 § 7, 2002: Ord. 1118 § 1, 1989).
8.04.020 Specific nuisances designated.
The following specific acts, omissions, places, conditions and things are declared to be nuisances:
(1) All decayed or unwholesome food offered for sale to the public;
(2) All diseased animals running at large;
(3) All ponds or pools of stagnant water;
(4) Carcasses of animals not buried or destroyed within twenty-four hours after death;
(5) Accumulations of manure, rubbish, refuse, decaying fruits or vegetables, or any other unwholesome substances, except in flytight containers;
(6) The pollution of any public well, cistern or water supply, or any body of water by sewage, industrial waste or by any other substance;
(7) All private property within the city where gross weeds, brush and other noxious growths are not cut as often as the same may require cutting to prevent the same from attaining the height of six inches, and in the opinion of the fire chief or health inspector is determined to be a health or fire hazard;
(8) All private property within the city of Omak where the owner thereof does not perform, or cause to be performed, such acts as are necessary to control and to prevent the spread of noxious weeds as defined in Chapter 7.10 RCW;
(9) All public exposure of persons having a contagious disease;
(10) All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached;
(11) All limbs of trees which are less than eight feet above the surface of any public sidewalk, or fourteen feet above the surface of any street;
(12) All explosives, inflammable liquids, and other dangerous substances stored in a manner or in any amount other than that provided by ordinance;
(13) Any unguarded or abandoned excavation pit, well or hole dangerous to life;
(14) All hanging signs, awnings and other similar structures over the streets or sidewalks, or so situated as to endanger public safety, not constructed and maintained as provided by ordinance;
(15) Outdoor burning of any materials, including natural vegetation, in a burning barrel or any other metal, masonry, or other noncombustible container;
(16) Any outdoor fire containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, or any substance other than natural vegetation that normally emits dense smoke or obnoxious odors;
(17) Burning without a burn permit issued by the Omak fire department;
(18) Burning during a city-imposed burn ban;
(19) Any and all other acts, omissions of acts, occupations and uses of property which are a menace to the health of the inhabitants of the city or to unreasonably or unlawfully endanger the peace and safety of the inhabitants of the city or any considerable number thereof;
(20) Except as may be allowed by any other city ordinance, any lot or parcel used for the storage, collection, or abandonment of scrap or discarded goods and materials, to include household garbage, cardboard, plastics, rags, scrap metal, vehicular parts, batteries, tires, glass, used building materials, pallets, household appliances or furniture, or other scrap or discarded goods, materials, machinery, or two or more inoperable motor vehicles, or any other type of junk, if such goods, materials, or condition is visible from any public street, alley, or other public or private property. (Ord. 1563 § 1, 2006; Ord. 1503 § 1, 2003; Ord. 1483 § 7, 2002: Ord. 1446 § 1, 2000; Ord. 1437 § 1, 2000: Ord. 1354 §§ 1, 2, 1997; Ord. 1163 § 1, 1991; Ord. 1118 § 2, 1989).
8.04.030 Enforcement—Notice.
Any enforcement officer of the city having knowledge of any public nuisance shall cause any owner or other responsible person to be notified of the existence of a nuisance on any premises, and shall direct the owner or other responsible person to abate the condition within ten days after notice.
The notice shall be substantially in the following form and shall be served upon the owner or responsible person, in person or by certified mail:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
As owner, agent, lessee, or other person occupying or having charge or control of the building, lot or premises at ______ you are hereby notified that the undersigned, pursuant to § ______ of the Omak Municipal Code has determined that there exists upon or adjoining said premises the following conditions contrary to the provisions of Subsection ____ of Section ____ of the Omak Municipal Code. 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 said condition within 10 days, the city may seek a Warrant of Abatement authorizing the city to enter your private property, abate the nuisance, and hold you responsible for all costs of abatement. Abatement is to be accomplished in the following manner:
1. _____________________________
2. _____________________________
3. _____________________________
Dated: ____________
_______________________________
(Name of Enforcement Officer)
_______________________________
(Signature of Enforcement Officer)
(Ord. 1658 § 1, 2009: Ord. 1437 § 2, 2000: Ord. 1118 § 3, 1989).
8.04.040 Abatement by owner or other person.
If and when an owner or other responsible person shall undertake to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the 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 permit to do any work incidental to the abatement. (Ord. 1658 § 2 (part), 2009; Ord. 1118 § 6, 1989. Formerly 8.04.060).
8.04.050 Immediate danger—Summary abatement.
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 a significant portion thereof, the enforcement officer shall have the authority to order immediate abatement and/or to summarily and without notice abate the same. The expenses of such abatement shall become a civil debt against the owner or other responsible person. The debt shall be collectible in the same manner as any other civil debt owing to the city. (Ord. 1658 §§ 2 (part), 3, 2009: Ord. 1118 § 8, 1989. Formerly 8.04.070).
8.04.060 Violation—Penalty.
Violation of this chapter is a civil infraction. Any person found in violation of this chapter shall be fined not less than fifty dollars and not more than five hundred dollars, in addition to the actual cost for the abatement thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1658 §§ 2 (part), 4, 2009: Ord. 1118 § 7, 1989. Formerly 8.04.080).