Chapter 9.30
NUISANCES
Sections:
9.30.040 Disposal of diseased animal carcass – Violation a misdemeanor.
9.30.050 Enforcement – Notice.
9.30.060 Abatement by the city.
9.30.070 Abatement by owner or other responsible person.
9.30.090 Immediate danger – Summary abatement.
9.30.010 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
(1) “Abate” means to repair, remove, replace or destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer in their judgement determines is necessary in the interest of the general health, safety and welfare of the community.
(2) “Enforcement officer” means an individual or group of individuals appointed by the city council for the purpose of enforcing this chapter.
(3) “Premises” means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
(4) “Responsible person” means any agent, lessee or other person occupying or having charge or control of any premises, except the owner.
(5) “Vehicle” means any device capable or designed to be capable of moving upon a roadway, off-road, or on or across the water, whether motorized or not, and in, upon, or by which any person or property is or may be transported, and shall include but not be limited to motor vehicles, trailers, recreational, utility, and sporting vehicles, farm and construction vehicles and equipment, boats, and campers designed or intended to be mounted on trucks or vehicle chassis, or parts or components thereof. (Ord. 017-23 § 1 (Exh. A); Ord. 014-19 § 1; Ord. 1724 § 15, 1998).
9.30.020 Types of nuisances.
Each of the following conditions, unless otherwise permitted by law, 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, river, stream, drainageway, or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter:
(1) The existence of any weeds, trash, dirt, filth, the carcass of any animal, waste, shrubs, accumulation of lawn or yard trimmings or other offensive matter;
(2) The existence of any dead, diseased, infested or dying tree that may constitute a danger to street trees, streets or portions thereof;
(3) The existence of any tree, shrub or foliage, unless by consent of the city, which is apt to destroy, impair, interfere or restrict:
(a) Streets, sidewalks, sewer, utilities or public improvements,
(b) Visibility on, or free use of, or access to such improvements;
(4) The existence of any vines or climbing plants growing into or over any street tree, or any public hydrant, pole or electrolier, or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto;
(5) The existence of grass or weeds exceeding 12 inches in height except for the following:
(a) Areas maintained for domestic livestock,
(b) Public right-of-way,
(c) Undeveloped publicly owned watershed lands,
(d) Private property designated as open space land, farm and agricultural land and timberland under Chapter 84.34 RCW and taxed at current use assessment,
(e) Wetlands and critical areas designated for protection under the Growth Management Act, Chapter 36.70A RCW,
(f) Natural vegetation buffers designated on a plat or a city of Port Orchard land use condition;
(6) The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard;
(7) The existence of a sidewalk or a portion of a sidewalk adjacent to any premises which is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience in the use of such sidewalk;
(8) The existence of caterpillar infestation;
(9) The burning or disposal of refuse, sawdust or any other material without a permit;
(10) The existence of any obstruction to a street, alley, crossing or sidewalk, and any excavation in or under any street, alley, crossing or sidewalk, which is by ordinance prohibited, or which is made without lawful permission or which, having been made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time;
(11) The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the city, any one or more of the following disorderly, disease-causing places, conditions or things:
(a) Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles,
(b) Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodorous,
(c) Any filthy, littered or trash-covered dwellings, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or premises,
(d) Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the city,
(e) Any poison oak or poison ivy, Russian thistle, tansy ragwort or other noxious weeds, whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles,
(f) Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or galvanized iron receptacles,
(g) Any trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire hazard;
(12) The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, park, parkway or other public place which is open to travel of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material;
(13) The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition;
(14) The existence on any premises of one or more junk, wrecked, dismantled, partially dismantled, or apparently inoperable vehicles, or engines or drive-train parts, body parts, wheels, tires, or any other parts, assemblies or components of automobiles and other vehicles, except as specifically permitted by this chapter or any other city ordinance.
(a) For the purposes of this chapter, “apparently inoperable” means a vehicle that meets any of the following criteria:
(i) Has flat tires; is covered or partially covered by moss, leaves, needles or other vegetation; has grass or other vegetation growing up around the vehicle; or other conditions exist that support a reasonable belief that the vehicle has not been moved or maintained for 30 days or more;
(ii) Has any visibly damaged, missing, or broken major parts or components, including but not limited to any of the following: windows, windshield, headlights, taillights, mirrors, body panels, hood, doors, bumpers, trunk lid, seats, steering wheel, grill cover, radiator, or any major mechanical or electrical parts or equipment; or for any reason appears in such a condition as to not be legally operable on a public road.
(b) The following are exempt from the prohibitions of this chapter:
(i) Vehicles or parts thereof which are completely enclosed within a building in a lawful manner where they are not visible from the street or other public or private property; or
(ii) Vehicles or parts thereof which are stored or parked in a lawful manner on private property in connection with the business of a properly licensed wrecking yard, vehicle repair shop, or similar business, where such vehicles are an integral and typical part of such business and where the vehicles are properly stored and screened in accordance with the applicable regulations for such business and location; or
(iii) A vehicle that is an individual’s or family’s sole source of transportation; provided, that all the following shall apply:
(A) The vehicle exists and is maintained in such a condition as to be immediately legally operable on public roads and highways;
(B) The vehicle is currently registered to an occupant of the property it is located on; and
(C) The burden of proof that the vehicle meets these criteria shall be on the owner, occupant, or person with responsibility for or control of the property;
(15) The storage or placement of household garbage, litter, construction debris or other trash in any trailer, house trailer, automobile, boat or other vehicle for more than 24 hours;
(16) The existence on any premises of any abandoned or unused well, cistern or storage tank without first demolishing or removing from the city such storage tank or securely closing and barring any entrance or trapdoor thereto or without filling any well or cistern or capping the same with sufficient security to prevent access thereto by children;
(17) The existence on any premises in a place accessible to children of any unattended and/or discarded icebox, refrigerator, or other large appliance;
(18) The existence of any goods, merchandise, or property of any kind on any streets, alleys or sidewalks of the city, which unreasonably obstructs pedestrian or vehicular traffic;
(19) The keeping of hives of honey bees or other stinging insects in or upon their property or premises that are: (a) defensive or exhibit objectionable behavior, including swarming, or which interfere with the normal use of property, or the enjoyment of persons, animals, or adjacent property; (b) abandoned hives; (c) diseased bees/hives; or (d) all other nests (colonies) of stinging insects such as yellow jackets, hornets, and wasps which exhibit objectionable behavior or interfere with normal use of property, or the enjoyment of persons, animals, or adjacent property. (Ord. 012-20 § 2; Ord. 014-19 § 1; Ord. 1948 § 2, 2004; Ord. 1835 § 1, 2001; Ord. 1724 § 15, 1998).
9.30.030 Prohibited conduct.
(1) It is unlawful for any responsible person or owner to permit, maintain, suffer, carry on or allow, upon any premises or in lake, river, stream, drainage way or wetlands, any of the acts or things declared by this chapter to be a public nuisance.
(2) It is unlawful for any person to create, maintain, carry on or do any of the acts or things declared by this chapter to be a public nuisance. (Ord. 014-19 § 1; Ord. 1724 § 15, 1998).
9.30.040 Disposal of diseased animal carcass – Violation a misdemeanor.
Every person owning or having charge of any animal that has died or been killed on account of disease shall immediately bury the carcass thereof at least three feet underground at a place approved by the (city or county) health officer. No person shall sell or offer to sell or give away the carcass of any animal, which died or was killed on account of disease. Every violation of any provision of this section is a misdemeanor. (Ord. 014-19 § 1; Ord. 1724 § 15, 1998).
9.30.050 Enforcement – Notice.
Any enforcement officer appointed by the city council, 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. The notice shall be substantially in the following form:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
TO
(name and address of person notified)
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 Ordinance ____ of the City of Port Orchard has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection ____ of City Ordinance ______:
You are hereby notified to abate said condition to the satisfaction of the undersigned within ten (10) days of the date of this notice. If you do not abate such condition within ten (10) days, the City may abate the condition at your expense. In addition, the City may begin issuing citations pursuant to subsection ____of Ordinance No. ______.
Abatement is to be accomplished in the following manner:
____________________________________
____________________________________
You may appeal this Notice to Abate decision by filing a written notice of appeal with the City Clerk for a hearing before the Abatement Hearing Officer of the City of Port Orchard within ten (10) days after the date of this notice.
________________
Dated
_________________
Name of Officer
(Ord. 055-19 § 1; Ord. 014-19 § 1; Ord. 1724 § 15, 1998).
9.30.060 Abatement by the city.
In all cases where the enforcement officer has determined to proceed with abatement by the city 10 days after notice the city shall acquire jurisdiction to abate the condition at the person’s expense as herein provided. Upon the abatement of the condition or any portion thereof by the city, all expenses thereof shall constitute civil debt owing to the city jointly and severally by such of the persons who have been given notice as herein provided. The debt shall be collectable in the same manner as any other civil debt owing to the city. (Ord. 014-19 § 1; Ord. 1724 § 15, 1998).
9.30.070 Abatement by owner or other responsible 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. 014-19 § 1; Ord. 1724 § 15, 1998).
9.30.080 Appeal.
Any person who has received a notice to abate a condition as determined by the code enforcement officer under POMC 9.30.050 may appeal said determination by filing written notice of appeal with the city clerk for a hearing before the abatement hearing officer. The notice of appeal must be received by the city clerk within 10 days after the date of said notice to abate. The notice shall meet the notice of appeal requirements of Chapter 2.82 POMC. The notice shall be reviewed, the hearing held, and the decision issued in accordance with the provisions of Chapter 2.82 POMC, except that such hearings shall be open record. (Ord. 055-19 § 2; Ord. 014-19 § 1; Ord. 1724 § 15, 1998).
9.30.090 Immediate danger – Summary abatement.
Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent danger to the health or safety of the public or a significant portion thereof, the enforcement officer shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a civil debt against the owner or other responsible party and be collected as provided in POMC 9.30.060. (Ord. 014-19 § 1; Ord. 1724 § 15, 1998).
9.30.100 Additional remedies.
(1) Civil Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of, or failure to comply with, any provision of this chapter or any lawful order issued hereunder shall constitute a civil infraction subject to a penalty as specified in Chapter 2.64 POMC.
(2) Criminal Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of, or failure to comply with, any provision of this chapter or any lawful order issued hereunder shall constitute a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
(3) Each day in which a violation occurs or is allowed to continue shall constitute a separate offense and may be subject to separate penalties. (Ord. 014-19 § 1; Ord. 1724 § 15, 1998).