CHAPTER 9.28
CHRONIC NUISANCE PROPERTIES
Sections:
9.28.030 Declaration of chronic nuisance property and procedure.
9.28.010 Intent.
People should be able to enjoy ownership, use and possession of property without negative interference from neighboring properties, and occupants of neighboring properties, that create and maintain chronic nuisances. The intent of the City Council in enacting this chapter is to enable the City’s staff to identify those properties within the City where there exist a pattern of activities and conditions that are chronic in nature, and to undertake the process of abating the same. (Ord 14-443 §1 (Ex A))
9.28.020 Definitions.
For purposes of this chapter, the following words or phrases shall have the meaning prescribed below:
"Administrator" means the Chief of Police and/or the Building Official.
"Chronic nuisance" means the occurrence or existence of nuisance activities sufficient to make a property chronic nuisance property.
"Chronic nuisance property" means property where, within any one-hundred-eighty-day period, three or more nuisance activities:
A. Occurred or existed upon the property; or
B. Occurred within two hundred feet of the property and involved:
1. The person in charge of the property; and/or
2. Any person who is a guest or invitee of the person in charge of the property.
"Conditions" means the nature, act or event which, if corrected, would, in the good faith opinion of the Administrator, prevent the nuisance activities giving rise to chronic nuisance property.
"Control" means the power or ability to direct or determine conditions, conduct, or events occurring on a property.
"Nuisance activity" includes:
A. Any of the following activities, behaviors or conduct:
1. A "most serious offense" as defined in RCW 9.94A.030(34);
2. A "drug related activity" as defined in RCW 59.18.130;
3. Simple assault (RCW 9A.36.021);
4. Intimidating phone calls (RCW 9A.46.120);
5. Disorderly conduct (RCW 9.08.020);
6. Riot (RCW 9A.84.010);
7. Trafficking in stolen property (Chapter 9A.82 RCW);
8. Promoting, advancing or profiting from prostitution (Chapter 9A.88 RCW);
9. Human trafficking (RCW 9A.40.100);
10. Promoting pornography (Chapter 9.68 RCW);
11. Precursor drug related offenses, as defined in Chapter 69.43 RCW;
12. Violation of felony drug off-limits orders, as defined in Chapter 10.66 RCW;
13. Gambling related offenses, as defined in Chapters 9.46 and 9.47 RCW;
14. Firearms and dangerous weapons offenses, as defined in Chapter 9.41 RCW;
15. Liquor-related offenses (Chapters 66.28 and 66.44 RCW);
16. Nuisances identified in Chapter 9.10;
17. Conditions constituting a nuisance under Chapter 8.05;
B. Conditions contrary to any of the following regulatory codes:
1. Any of the codes adopted in Title 15;
2. Subdivision Code, Title 19; and
3. Zoning Code, Title 20.
"Owner" means any person who, alone or with others, has title or interest in any property.
"Person in charge" means the owner and, if different than the owner, any other person in actual or constructive possession of a property and/or chronic nuisance property, including but not limited to, a lessee, tenant, occupant, agent, or manager of a property under their control.
"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. (Ord 14-443 §1 (Ex A))
9.28.030 Declaration of chronic nuisance property and procedure.
A. When the Administrator determines upon a preponderance of the evidence that property is chronic nuisance property, the Administrator shall issue a civil regulatory order identifying the conditions and requiring the abatement of the chronic nuisance property to the person in charge of chronic nuisance property, pursuant to the provisions of Chapter 17.15. If such civil regulatory order is issued to a person in charge, other than an owner, a copy of the civil regulatory order shall also be sent by certified mail to the address of the owner as set out in the records of the Grant County Treasurer.
B. If the owner of chronic nuisance property is not a person in charge, then the Administrator may issue a separate civil regulatory order to the owner containing different requirements leading toward the correction of the conditions and the abatement of the chronic nuisance property, to be sent by certified mail to the address of the owner as set out in the records of the Grant County Treasurer. (Ord 14-443 §1 (Ex A))
9.28.040 Violation – Penalties.
A. Any property that is a chronic nuisance property is in violation of this chapter and subject to the enforcement procedures, remedies and penalties set out in this chapter and Chapter 17.15.
B. Any person in charge of property that is a chronic nuisance property in violation of this chapter is subject to a C-7 civil penalty, as set out in Chapter 1.01, from the date of the civil regulatory order, to the deadline for correcting the conditions, and subject to the waiver of such penalty in an agreement with the Administrator to abate the chronic nuisance, as set out in Chapter 17.15. Each separate day, event, action or occurrence shall constitute a separate violation.
C. Any person in charge of chronic nuisance property, or an owner of chronic nuisance property and who fails to correct the conditions set out in the civil regulatory order is subject to a C-4 civil penalty, as set out in Chapter 1.01, from the date set out in the civil regulatory order to complete the actions set out in the civil regulatory order. Each separate day, event, action or occurrence shall constitute a separate violation.
D. In addition, a court may order a person in charge or an owner to pay relocation assistance to any tenant of the chronic nuisance property who must relocate because of the abatement of the chronic nuisance if the court finds the tenant not to have caused or participated in nuisance activities at the property.
E. Whenever the City issues a violation citation to more than one person because of a violation of this chapter, those persons shall be jointly and severally liable.
F. Any person in charge of chronic nuisance property, who after issuance of a civil regulatory order to correct conditions and abate chronic nuisance property engages in the nuisance activity described in subsection (A) of this section shall be guilty of a misdemeanor. (Ord 14-443 §1 (Ex A))
9.28.050 Commencement of actions.
Nothing in this chapter prevents the City Attorney from initiating an action in the Grant County Superior Court 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 14-443 §1 (Ex A))