Chapter 8.60
CHRONIC NUISANCES
Sections:
8.60.030 Declaration of chronic nuisance property and procedure.
8.60.040 Correction agreement.
8.60.060 Commencement of action—Enforcement.
8.60.085 Relocation assistance.
8.60.090 Suspension or revocation of business license.
8.60.100 Annual reporting required.
8.60.005 Purpose.
Chronic nuisance properties present health, safety, and welfare concerns and interfere with the ownership, use, and possession of property within the city of Prosser. Chronic nuisance properties have a tremendous negative impact upon the quality of life, safety, and health of the neighborhoods where they are located. These properties are also a financial burden to the city of Prosser because of the nuisance activities occurring on the property. This chapter is a means to ameliorate those conditions and hold accountable those persons responsible for such property. (Ord. 3134 § 1, 2021).
8.60.010 Definitions.
For purposes of this chapter, the following words or phrases shall have the meaning prescribed below:
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 unauthorized individuals.
B. “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 chief of police determines is necessary in the interest of the general health, safety and welfare of the community.
C. “Chief of police” means the chief of the Prosser police department or his or her designees.
D. “Control” means the power or ability to direct or determine conditions, conduct, or events occurring on a property.
E. “Chronic nuisance property” means:
1. A property on which two or more nuisance activities exist or have occurred during any sixty-day period or five or more nuisance activities have occurred during any twelve-month period; or
2. 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 has occurred on the property; or
3. An abandoned property where two nuisance activities have occurred during any twelve-month period.
F. “Nuisance activity” includes:
1. A “most serious offense” as defined in Chapter 9.94A RCW;
2. A “drug-related activity” as defined in RCW 59.18.130;
3. Any of the following activities, behaviors or criminal conduct:
a. Assault, harassment, or reckless endangerment, as defined by Title 9 or in Chapter 9A.36 or 9A.46 RCW;
b. Promoting, advancing or profiting from prostitution as defined in Chapter 9A.88 RCW;
c. Prostitution or permitting prostitution, both as defined in Section 9.03.050;
d. Obstructing pedestrian or vehicular traffic, as defined in Section 9.03.050;
e. Weapons violations, as defined in Section 9.03.040 or in the Revised Code of Washington;
f. Criminal street gang-related offenses and/or pattern of criminal street gang activity, as defined in Chapter 9.101 or 9.94A RCW;
g. Violations of the Uniform Code for Abatement of Dangerous Buildings defined in Chapter 15.08;
h. Violations of the Property Maintenance Code as defined in Chapter 15.10;
i. Rental license violations defined in Chapter 15.30;
j. Violation of Chapter 6.40;
4. Any arrest pursuant to a warrant of arrest where a person in charge of the property had prior knowledge of the warrant;
5. A fire not contained within an approved fuel burning appliance that causes damage to any property;
6. Alcohol beverage control violations, as defined in Chapter 66.44 RCW;
7. Trespass crimes, as defined in Section 9.03.050 or Chapter 9A.52 RCW, on abandoned property.
G. “Owner” means any person who, alone or with others, has title or interest in any property.
H. “Person” means an individual, group of individuals, corporation, partnership, association, club, company, business trust, joint venture, organization, or any other legal or commercial entity or the manager, lessee, agent, officer or employee of any of them.
I. “Person in charge” of a property means the owner and, if different than the owner, any other person in actual or constructive possession of a property, including but not limited to a lessee, tenant, occupant, agent, or manager of a property under his or her control.
J. “Property” means any land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof.
K. “RCW” means the Revised Code of Washington.
L. “PMC” means the Prosser Municipal Code. (Ord. 3134 § 2, 2021).
8.60.020 Violation.
A. Any property within the city of Prosser 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 who fails to comply with Section 8.60.035 is in violation of this chapter and may be subject to penalties pursuant to Chapter 5.04 and this chapter. (Ord. 3134 § 2, 2021).
8.60.030 Declaration of chronic nuisance property and procedure.
A. When documentation confirms a chronic nuisance property, the chief of police shall notify the person in charge of the property in writing that the property is declared a chronic nuisance property. The notice shall be sent by first class mail or personally served, and a copy shall be sent by certified mail. The notice shall contain:
1. The street address or a legal description sufficient for identification of the property;
2. A concise description of the nuisance activities that have occurred on the property and whether the property is abandoned;
3. An opportunity for person in charge to provide evidence the property is not a chronic nuisance property;
4. A notice that the owner and other persons in charge of the property may be subject to monetary penalties as set forth in this chapter;
5. A demand that the owner and other persons in charge respond to the chief of police within ten days of service of the notice to discuss a course of action to correct the nuisance activities;
6. A notice that, if the person in charge does not respond to the chief of police as required in this section, or if the matter is not voluntarily corrected to the satisfaction of the chief of police, the city may file an action to abate the property and/or take other action against the property or person in charge.
B. When a notice is issued pursuant to this section to a person in charge, other than an owner or an owner’s agent, a copy of such notice shall also be sent by first class mail or personally served on the owner of the property, and a copy shall also be sent by certified mail.
C. If the owner or person in charge responds as required by the notice issued and agrees to a course of action to correct the nuisance activities, a written correction agreement conforming to the requirements of Section 8.60.040 shall be executed.
D. Where a residential property is comprised of multiple dwelling units, the chief of police may confine the declaration of a chronic nuisance property to the dwelling unit(s) associated with the nuisance activity unless a broader declaration is needed to achieve the intent of the chronic nuisance ordinance; provided, however, the person(s) in charge shall still have the same responsibilities and/or obligations under this chapter to address the chronic nuisance property and be subject to the same remedies. (Ord. 3134 § 3, 2021).
8.60.035 Owner cooperation.
An owner who receives a copy of a notice pursuant to Section 8.60.030 describing the nuisance activities shall promptly take all reasonable steps requested in writing by the chief of police to assist in the correction of the nuisance activities. Such reasonable steps may include the owner taking all actions and pursuing all remedies, including pursuing eviction of the person in charge, that are (A) available to the owner pursuant to any lease or other agreement, and (B) consistent with state and local laws including, but not limited to, RCW 59.18.580 the victim protection limitation on landlord’s rental decisions. (Ord. 3134 § 4, 2021).
8.60.040 Correction agreement.
A correction agreement is a contract between the city and the person in charge 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 a specified time and according to specified conditions. The agreement shall be signed by the person in charge and, if different, the owner. The agreement shall include the following:
A. The name and address of the person(s) in charge of the property;
B. The street address or a description sufficient for identification of the property, building, structure, or land upon or within which the nuisance is occurring;
C. A description of the nuisance activities;
D. The necessary corrective action to be taken, and a date or time by which correction must be completed;
E. An agreement by the person in charge that the city may inspect the property as may be necessary to determine compliance with the correction agreement;
F. An agreement by the person in charge that if the terms of the correction agreement are not met, the city may abate the nuisance and recover its costs, expenses, and monetary penalties pursuant to this chapter from the person in charge for abating the nuisance; and
G. When a person in charge, other than an owner or an owner’s agent, has permitted a property to be a chronic nuisance property, an agreement by the owner to promptly take all acts and pursue all remedies requested by the chief of police. (Ord. 3134 § 5, 2021).
8.60.050 Penalties.
A. Except as provided in this section, in addition to any other sanction or remedial procedure that may be available, the person in charge is subject to a penalty of up to five hundred dollars per day from the date of the notice issued pursuant to Section 8.60.030 until the chief of police confirms that the property is no longer a chronic nuisance property.
B. If the agreed course of action results in the abatement of nuisance activities to the satisfaction of the chief of police within thirty days of the notice issued, or such longer period allowed by the chief of police, the matter shall not be referred to the city attorney and the person in charge shall not be subject to any penalty pursuant to this chapter.
C. An owner who fails to comply with Section 8.60.035 is subject to a civil penalty not to exceed twenty-five thousand dollars. (Ord. 3134 § 6, 2021).
8.60.060 Commencement of action—Enforcement.
Upon referral, 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. 3134 § 7, 2021).
8.60.070 Burden of proof.
A. In an action against a person in charge to abate a chronic nuisance property or to recover penalties authorized by this chapter, the city shall have the burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property pursuant to this chapter.
B. Copies of police incident reports and reports of other city departments documenting nuisance activities shall be admissible in such actions. Additionally, evidence of a property’s general reputation and the reputation of persons residing in or frequenting the property shall be admissible in such actions. (Ord. 3134 § 8, 2021).
8.60.080 Remedies.
A. If the court confirms a property is a chronic nuisance property pursuant to this chapter, the court may order any of the following: (1) order the person in charge 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) impose a penalty of up to five hundred dollars per day against the person in charge for each day from the date the notice 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 providing that the costs of such city action are to be paid for by the person in charge of the property, (5) order alternative remedies under city or state laws or any other relief authorized by law.
B. If the court finds that an owner failed to take all reasonable steps requested in writing pursuant to Section 8.60.035, the court may impose a civil penalty not to exceed twenty-five thousand dollars on the owner. (Ord. 3134 § 9, 2021).
8.60.085 Relocation assistance.
A. In addition to the remedies authorized by this chapter, if as part of its order abating a chronic nuisance property, the court orders a person in charge to cease renting or leasing a property, the court may order the person in charge to pay relocation assistance in accordance with Chapter 59.18 RCW 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(32). (Ord. 3134 § 10, 2021).
8.60.090 Suspension or revocation of business license.
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 person in charge is subject to the suspension or revocation of a business license or other license issued by the city and required at such property, including but not limited to licenses issued pursuant to Title 5 or 15. (Ord. 3134 § 11, 2021).
8.60.100 Annual reporting required.
The chief of police, with assistance of the city attorney, shall provide an annual report on the implementation of this chapter. The report shall list each instance in which the chief of police declared a property to be a chronic nuisance property and provide written notice to the persons in charge of the property. For each instance, the report shall describe:
A. The location and use of the property (i.e., whether residential or commercial, and if residential the number of units, and if commercial the size and nature of the commercial use).
B. The nuisance activities on which the declaration was based.
C. The administrative and legal process resulting from the notice, including:
1. Whether the notice resulted in a written correction agreement;
2. Whether the notice resulted in the abatement of nuisance activities to the satisfaction of the chief of police; and, if not
3. Whether the chief of police referred the matter to the city attorney for initiation of proceedings; and, if so
4. Whether the city attorney initiated proceedings; and, if so
5. Whether a court confirmed the property to be a chronic nuisance property; and, if so
6. What orders the court made, including penalties, other orders to abate the nuisance activities, or relocation assistance to tenants; and
7. Whether the city revoked any licenses on the property.
D. A summary of the consequences of the declaration to date, including actions taken by persons in charge to abate the nuisance activities, whether these included the eviction of tenants, and whether the nuisance activities appear to be permanently abated.
The report shall also include brief assessments by the chief of police and the city attorney on the overall effectiveness of the ordinance in reducing the problems resulting from chronic nuisance properties.
The chief of police and city attorney shall provide the report to the city council in February of each year on the chronic nuisance property declarations in the prior calendar year. Any declarations not fully resolved by the end of the calendar year shall be reported in the following year’s report. (Ord. 3134 § 12, 2021).
8.60.990 Severability.
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 3134 § 13, 2021).