Chapter 6.08 NUISANCES

The keeping or allowing to be and remain in any building, yard, enclosure, alley, street, avenue, park, public place or in any places within the limits of the city, any unsound, putrid or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal or fish, or any unsound, putrid or unwholesome substance, or the offal, garbage, or other offensive parts of any animal is declared a nuisance. (Ord. 1190 § 1(a), 1953).

6.08.030 Allowing offensive or unsanitary conditions.

The suffering or permitting of any cellar, vaults, drain, sewer, yard, grounds or premises, or any street, alley or other public place adjacent thereto to become, from any cause, nauseous, foul, offensive or injurious to public health or unpleasant or disagreeable to adjacent residents or persons is declared a nuisance. (Ord. 1190 § 1(b), 1953).

6.08.040 Causing or allowing offensive liquid or substances or premises.

The causing or permitting of any nauseous, foul or putrid liquid or substance, or any liquid or substance likely to become nauseous, foul, offensive or putrid, to be discharged, placed or thrown, or to flow from or out of any premises into or upon any adjacent premises or any public street or alley, or to stand, remain or be upon any premises is declared a nuisance. (Ord. 1190 § 1(c), 1953).

6.08.050 Obstructions and excavations.

All obstructions to streets, alleys, crossings or sidewalks of the city, and all excavations in or under the same which are by ordinance prohibited, or which may be made without lawful permission, or which, having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time are declared nuisances. (Ord. 1190 § 1(d), 1953).

6.08.060 Depositing or burning substance in public place.

The depositing or burning or causing to be deposited or burned in any street, alley or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, manure, leaves, grass, or other rubbish or material is declared a nuisance. (Ord. 1190 § 1(e), 1953).

6.08.070 Premises for keeping of animals.

The keeping, using or maintaining of any pen, stable, lot, place or premises in which any hog, cattle or fowl may be confined or kept, in such manner as to be nauseous, foul or offensive, or from any cause to be annoyance to any community, family or person is declared a nuisance. (Ord. 1190 § 1(f), 1953).

6.08.080 Tying or picketing animal.

The tying or picketing of any animal or any street, alley or other public place, or on any unenclosed lot or premises, and in such manner and with such length of picket rope that such animal can go upon or into any street, alley, or other public place or upon any adjoining lot or premises owned or controlled by any other person than the person owning or controlling the lot or premises where such animal is picketed is declared a nuisance. (Ord. 1190 § 1(g), 1953).

6.08.090 Structures used for certain occupations.

All houses, rooms, booths, or other structures used as a place of resort where women are employed to draw customers, and are guilty of lewd and lascivious behavior, or used as a place of resort for dancing where women or girls solicit for salary or commission the sale of intoxicating liquors, or used as a place of resort for dancing where disorderly persons are allowed to congregate, or used as a resort where drunkenness is carried on or permitted are declared nuisances. (Ord. 1190 § 1(h), 1953).

6.08.100 Sounding of steam whistle.

The blowing or sounding or causing to be blown or sounded for a longer period than 15 seconds, of any steam whistle, or the letting off or causing to be let off of any unnecessary steam from any locomotive at or within 100 feet of any street, alley, or avenue or any crossing over the same is declared a nuisance. (Ord. 1190 § 1(i), 1953).

6.08.110 Noise for advertising.

The making, causing, permitting or allowing to be made of any noise of any kind by means of any whistle, rattle, bell, gong, clapper, hammer, drum, horn, or similar mechanical device or by outcry or loud speaking or singing, at any time, for the purpose of advertising goods, wares or merchandise, or show or entertainment, or attracting the attention or inviting the patronage of any person to any business whatsoever at any place within the city; provided, however, that the use of bands or orchestras for the above purposes is not prohibited, is declared a nuisance. (Ord. 1190 § 1(j), 1953).

6.08.120 Vehicle noise.

The unreasonable acceleration of motor vehicles so as to cause backfiring and excessive noise is declared a nuisance. (Ord. 1190 § 1(k), 1953).

6.08.130 Loading or transportation noise.

The loading or transporting over or along any street, alley, or other public place, of rails, pillars or columns of iron or other metal, in such manner as to cause loud noises or to disturb the peace and quiet of such streets or places is declared a nuisance. (Ord. 1190 § 1(l), 1953).

6.08.140 Bell ringing – General noise.

The unreasonable ringing of bells, and the making of noises which may be detrimental to the public health and peace is declared a nuisance. (Ord. 1190 § 1(m), 1953).

6.08.150 Keeping noisy dog.

The keeping or harboring of any dog or dogs which by habitual howling or barking unreasonably annoy, disturb, or interfere with the comfort, repose, health or safety of any person is declared a nuisance. (Ord. 3029 § 1, 2013; Ord. 1190 § 1(n), 1953).

6.08.160 Places used for lewdness, assignation or prostitution.

All buildings, houses, rooms, structures or places used for purpose of lewdness, assignation or prostitution are declared nuisances. (Ord. 1190 § 1(o), 1953).

6.08.170 Places violating liquor laws.

All premises, buildings and vehicles whereon or wherein intoxicating liquor is manufactured, sold, bartered, exchanged, given away, furnished, disposed of, consumed or permitted to be consumed, in violation of the laws of the state and the ordinances of the city are declared nuisances. (Ord. 1190 § 1(p), 1953).

6.08.180 Uninvited solicitors, hawkers, vendors and merchants.

The going in or to private residences by solicitors, hawkers, itinerant merchants and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residence, for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or for the purpose of disposing of and/or bartering or hawking the same is declared a nuisance. (Ord. 1190 § 1(q), 1953).

6.08.190 Gambling structures.

All buildings, parts thereof, houses, parts thereof, rooms or other structures wherein any gambling game or game of chance or scheme or device whereby money, property, or any representative of either, may be bet, wagered or hazarded upon any chance or uncertain or contingent event are declared nuisances. (Ord. 1190 § 1(r), 1953).

6.08.210 Obstructions preventing traffic view.

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 are declared nuisances. (Ord. 1190 § 1(t), 1953).

6.08.230 Knowledge and continuation of nuisance prohibited.

It is unlawful for any person, firm or corporation, by itself or by its agents or employees, or as the agent or employee of another person, firm or corporation, to do or permit to be done upon any premises over which it has control, or to maintain, carry on, suffer or allow, at any place or places in the preceding sections mentioned, any of the acts or things herein declared to be nuisances, or to do or cause, or permit or suffer to be done, or maintain any act or thing which shall be detrimental or injurious to public health or offensive to the senses or contrary to public decency or morality.

In case the owner or agent of any premises is found to have had actual or constructive knowledge of the maintenance on or in said premises of any nuisances as herein defined, he shall, for the purpose of this chapter, be deemed one of the persons in control of said premises. (Ord. 1190 § 2, 1953).

6.08.235 Abatement procedure.

(1) Notice.

(a) On determination by the community development director that a nuisance exists, he/she shall cause a notice to be posted on the premises or at the site of the nuisance, directing the person responsible to abate the nuisance.

(b) At the time of the posting, the community development director shall cause a copy of the notice to be forwarded by registered or certified mail, to the person responsible at the person’s last known address. The person responsible includes one or more of the following:

(i) The owner;

(ii) The person in charge of the property as an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project;

(iii) The person who caused the nuisance as known to the city.

(i) A description of the real property by street address or otherwise on which the nuisance exists;

(ii) A direction to abate the nuisance within 10 days from the date of the notice;

(iii) A description of the nuisance;

(iv) A statement that unless the nuisance is removed, the city may abate the nuisance and the cost of abatement will be charged to the person responsible;

(v) A statement that failure to abate a nuisance may warrant imposition of a fine;

(vi) A statement that the person responsible may protest the order to abate by giving notice to the city clerk within 10 days from the date of the notice.

(d) If the person responsible is not the owner, an additional notice shall be sent to the last known owner, stating that any cost of abatement accrued to the city and not paid by the person responsible, may be assessed to and become a lien on the property.

(e) Upon completion of the posting and mailing, the person posting and mailing shall execute and file a certificate stating the date and place of the mailing and posting.

(2) Abatement by the Person Responsible.

(a) Within 10 days after the posting and mailing of notice as provided in subsection (1) of this section, the person responsible and/or the owner shall remove the nuisance unless a protest has been filed as provided in subsection (2)(b) of this section.

(b) A person responsible and/or the owner, protesting that no nuisance exists, shall file with the city clerk a written statement within 10 days of the notice specifying the basis for the protest.

(c) The protest shall be referred to council as part of its regular agenda at the next available meeting. At the time set for consideration of the abatement, the person protesting may appear and be heard by the council. The council shall determine whether a nuisance, in fact, exists, and the determination shall be entered in the official minutes of the council. Council determination shall be required only in cases where a written statement has been filed as provided above.

(d) If the council determines that a nuisance in fact exists, the person responsible and/or the owner shall abate the nuisance within 10 days following notification of the council determination. Notification shall be complete within three days of mailing, or upon personal service, whichever occurs first. (Ord. 2530 § 1, 1997; Ord. 2389 § 1, 1994).

6.08.236 Abatement by the city.

(1) If the nuisance has not been abated by the person responsible within the time allowed, as provided in PMC 6.08.235, the community development director may cause the nuisance to be abated.

(2) The officer charged with abatement of the nuisance shall have the right to enter into or upon the property at reasonable times to investigate or cause the removal of such nuisance as authorized by law. The financial operations manager shall keep an accurate record of the expense incurred by the city in abating the nuisance and shall include a charge of 15 percent of the expense for administrative overhead. (Ord. 2530 § 1, 1997; Ord. 2389 § 1, 1994).

6.08.237 Assessment of costs.

(1) The financial operations manager shall send to the owner and the person responsible, by registered or certified mail, a notice stating:

(a) The total cost of abatement including the administrative costs;

(b) The cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice;

(c) That if the owner or person responsible objects to the cost of the abatement as indicated, a notice of objection may be filed with the financial operation manager not more than 10 days from the date of notice.

(2) At the next available city council meeting, the council in the regular course of business, shall hear and make a decision on the objections to the costs assessed.

(3) If the costs of the abatement are not paid within 30 days following notification of the council determination to pay costs, an assessment of the costs as stated or decided by the council shall be made by resolution and shall be recorded as a lien upon the property. Notification shall be complete within three days of mailing, or upon personal service, whichever occurs first. When the entry is made, it shall constitute a lien on the property from which the nuisance was removed or abated.

(4) The lien shall be enforced and shall bear interest at the rate of seven percent per annum. The interest shall begin to run from the date of entry of the lien in the lien docket.

(5) A failure to receive the notice of the proposed assessment will not void the assessment, and it shall remain a valid lien against the property. (Ord. 2530 § 2, 1997).

6.08.238 Summary abatement.

The procedure provided by PMC 6.08.235, 6.08.236 and 6.08.237 is not exclusive. The community development director, fire chief or police chief may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property. (Ord. 2530 § 3, 1997).

6.08.240 Abatement – Removal.

Repealed by Ord. 2530. (Ord. 1190 § 4, 1953).

6.08.250 Failure to abate.

Repealed by Ord. 2530. (Ord. 1190 § 5, 1953).

6.08.260 Abatement by city.

Repealed by Ord. 2530. (Ord. 1190 § 6, 1953).

6.08.270 Means of abatement by city.

Repealed by Ord. 2530. (Ord. 1190 § 7, 1953).

6.08.280 Liability.

Repealed by Ord. 2530. (Ord. 1190 § 8, 1953).

6.08.290 Penalty for violation.

Repealed by Ord. 2530. (Ord. 1190 § 3, 1953).

6.08.400 Violation and infraction.

In addition to any other penalty or remedy available, violation of any provision of this chapter shall constitute a Class I civil infraction as defined in Chapter 1.02 PMC. Any act of a continuing nature as prohibited in this chapter shall be considered a separate offense for each day that the infraction occurs. (Ord. 2530 § 5, 1997).