Chapter 9.30
CHRONIC NUISANCE PROPERTY
Sections:
9.30.030 Chronic nuisance activities – Violation.
9.30.040 Determination of chronic nuisance property.
9.30.050 Notice of determination of chronic nuisance property.
9.30.060 Appeal of chronic nuisance property notice.
9.30.070 Voluntary compliance plan.
9.30.090 Additional enforcement provisions.
9.30.010 Purpose.
Chronic nuisance properties present significant health, safety, and welfare concerns with a tremendous negative impact upon the quality of life in the neighborhoods where they are located. This chapter provides a remedy for chronic nuisance activities that repeatedly occur or exist on such properties. [Ord. 675 § 1 (Exh. A), 2014]
9.30.020 Definitions.
For purposes of this chapter, the following words and phrases shall mean:
A. “Chief of police” means the chief of police for the city of Shoreline or their designee.
B. “Chronic nuisance property” is a property on which:
1. For single-family residential property or single-unit commercial property, when three or more nuisance activities described in subsection E of this section have occurred on different days during any 180-day period or five or more nuisance activities have occurred on the property on different days during any 12-month period; or
2. For any type of property, a search warrant has been served twice within a 24-month period; or
3. For multifamily residential or multi-tenant commercial property, within a 180-day period, the following number of nuisance activities described in subsection E of this section have occurred on different days:
a. Property with two or three units: six nuisance activities.
b. Property with four to 19 units: 12 nuisance activities.
c. Property with 20 to 39 units: 18 nuisance activities.
d. Property with 40 to 100 units: 24 nuisance activities.
e. Property with over 100 units: 30 nuisance activities.
A single unit within a multifamily residential and multi-tenant commercial property that meets the definition of subsection (B)(1) or (B)(2) of this section is a chronic nuisance property; and
4. Designated by the chief of police and the director after a review of official documentation such as police incident reports, notices and orders to correct, and case files to determine if there are sufficient facts and circumstances to establish probable cause to find the occurrence of nuisance activities.
C. “Control” means the power or ability to direct or determine conditions and/or activities located on or occurring on a property.
D. “Director” means the city of Shoreline director of planning and community development or their designee.
E. “Chronic nuisance activity” means:
1. The following criminal activities, behaviors or conduct that results in a police incident report:
a. Harassment offenses as defined in Chapter 9A.46 RCW.
b. Assault or reckless endangerment as defined in Chapter 9A.36 RCW.
c. Disorderly conduct as defined in SMC 9.10.320.
d. Indecent exposure and prostitution offenses as defined in Chapter 9A.88 RCW and SMC 9.10.550.
e. Possession, manufacture or delivery of a controlled substance or related offenses as defined in Chapter 69.50 RCW and violations relating to precursor drugs as defined in Chapter 69.43 RCW.
f. Violation of stay out of areas of prostitution (SOAP) orders as defined in SMC 9.10.560.
g. Gambling-related offenses as defined in Chapters 9.46 and 9.47 RCW.
h. Gang-related activity as defined in RCW 9.94A.030.
i. Firearms and dangerous weapons offenses as defined in Chapter 9.41 RCW.
j. Public disturbance noises as defined in Chapter 9.05 SMC.
k. Stolen property and trafficking of stolen property offenses as defined in Chapters 9A.56 and 9A.82 RCW.
l. Execution of criminal arrest or criminal arrests from property.
m. Human trafficking as defined in RCW 9A.40.100 and 9A.88.060.
n. Any attempt, solicitation or conspiracy to commit any of the above activities, behaviors or conduct, as defined in SMC 9.10.110.
2. Activities, behavior or conduct that is contrary to any of the following:
a. Chapter 15.05 SMC, Construction and Building Codes, for which a notice and order has been issued in accordance with SMC 20.30.760 or an infraction has been issued in accordance with SMC 20.30.770(A);
b. Animal control code, SMC 6.30.010(A)(6), (7) and (8), nuisances prohibited; and SMC 6.30.020(A)(1), (2) and (3), cruelty to animals prohibited; for which a notice and order has been issued in accordance with SMC 6.40.030; or
c. Code of the King County Board of Health, Chapter 8.06, Rodent Control; Chapter 11.01, Contaminated Property; Chapter 13.04 On-Site Sewage.
3. Multiple nuisance activities contained in a single police incident report are not counted as separate nuisance activities.
4. Police incident reports generated by calls for service to aid victims on the property shall not be used to determine a chronic nuisance property.
F. “Person in charge” means any person in actual or constructive possession of the property, including but not limited to an owner, lessee, tenant, occupant, agent, or manager with control of the property. [Ord. 675 § 1 (Exh. A), 2014]
9.30.030 Chronic nuisance activities – Violation.
It shall be unlawful for any person to permit a chronic nuisance property. [Ord. 675 § 1 (Exh. A), 2014]
9.30.040 Determination of chronic nuisance property.
The police chief and the director shall review official documentation such as police incident reports, notices and orders to correct, and case files to determine if there are sufficient facts and circumstances to establish probable cause to find the occurrence of nuisance activities to support a designation of the property as a chronic nuisance property. [Ord. 675 § 1 (Exh. A), 2014]
9.30.050 Notice of determination of chronic nuisance property.
A. When a property is determined to be a chronic nuisance property, the property owner of record and person in charge of the property shall be served with a notice of determination of chronic nuisance property with the following information:
1. The name and address of the person to whom the letter is issued;
2. The location of the subject property by address or other description sufficient for identification of the subject property;
3. A statement that the city has determined the property to be a chronic nuisance property;
4. A concise description of the nuisance activities upon which the determination was based, and documentation of the chronic nuisance activities including police case number(s), police incident report numbers, and city of Shoreline code enforcement case numbers;
5. A demand that the property owner of record or the person in charge of the property respond within seven days of service to the notice as directed to abate chronic nuisances which may include submission of a proposed compliance plan for city approval;
6. A warning that the persons in charge of the property are potentially civilly and criminally liable and subject to civil infractions and abatement at the owner’s expense for continuing to allow chronic nuisance activities, as defined in this chapter, to occur upon the property;
7. A warning that the property owner of a chronic nuisance property permitted by a person in charge other than the owner, or the owner’s agent, must promptly take all steps requested in the notice of determination of chronic nuisance property to assist in abatement of the nuisance property, including pursuing eviction of the person in charge, available to the owner pursuant to any lease and consistent with state law. A statement advising that any person named in the notice of determination of chronic nuisance property or having any record or equitable title in the property against which the notice of determination is recorded may appeal from the notice to the city of Shoreline hearing examiner within 14 calendar days of the date of service of the notice;
8. A statement advising that a failure to appeal the notice of determination of chronic nuisance property within the applicable time limits renders the determination a final determination, that the conditions described in the notice existed and constituted a chronic nuisance, and that the named party is liable as a responsible party; and
9. Name and telephone number of the city representative who is responsible for handling inquiries regarding the notice including a statement advising the property owner and person in charge of the property of their duty to notify the city of any actions taken to achieve compliance with the notice of determination of chronic nuisance property.
B. The notice of determination of chronic nuisance shall be served on the property owner of record and the person in charge of the property by the following methods:
1. By posting the notice of determination of chronic nuisance property in a conspicuous place on the property where the violation occurred and concurrently mailing the notice to the property’s address; and
2. By personal service; or
3. By mailing a copy by certified mail, return receipt requested, to the property owner of record at the address shown on King County tax records and to the person(s) in charge of the property at their last known address or at the address of their place of business. [Ord. 698 § 1, 2014; Ord. 675 § 1 (Exh. A), 2014]
9.30.060 Appeal of chronic nuisance property notice.
Any person named in a notice of determination of chronic nuisance property may file a notice of appeal to the Shoreline hearing examiner within 14 calendar days from the date of service of the notice of determination of chronic nuisance. Appeals shall be filed in writing with the city clerk as provided in SMC 20.30.220 and shall be conducted as provided in SMC 20.30.790. [Ord. 675 § 1 (Exh. A), 2014]
9.30.070 Voluntary compliance plan.
As provided in SMC 9.30.050(A)(5), a voluntary compliance plan may be approved to remedy the chronic nuisance activities. The property owner of record or the person in charge of the property, if not the owner, is responsible for development and submittal of a written compliance plan acceptable to the city. The police chief, and the director, in consultation with the city attorney, shall review the plan for approval. The plan shall establish, at a minimum, the necessary corrective action(s) to be taken to abate the chronic nuisance activity or activities, deadlines for implementation and completion of the plan, and an acknowledgment by the property owner and person in charge of the property that the city may abate the chronic nuisance(s) and recover its costs, expenses, and penalties pursuant to local and state law if the terms of the plan are not met. [Ord. 675 § 1 (Exh. A), 2014]
9.30.080 Enforcement.
A. Any person in charge of property that has been determined to be a chronic nuisance property is in violation of this chapter and any property owner of record who fails to comply with SMC 9.30.050(A)(7) shall be subject to the remedies described herein unless they can show that they are in compliance with a voluntary compliance plan, as described in SMC 9.30.070.
B. If the property owner of record or the person in charge of the property does not respond to a notice of determination of chronic nuisance property within the time proscribed, the person responsible shall be issued a civil infraction, punishable by a maximum penalty of $1,000.
C. If the person responsible does not respond to the issued infraction or continues to violate the provisions of this chapter, including the voluntary compliance plan, the matter shall be referred to the office of the city attorney for further action. The city attorney may initiate legal action to abate the chronic nuisance activity which may include vacating any building and securing it against unauthorized access, use, and occupancy for a period of up to one year, with costs of abatement assessed against the owner and, if applicable, payment of relocation assistance costs as provided in SMC 15.05.070(D) and 20.30.770(D)(5) and (E)(3). [Ord. 675 § 1 (Exh. A), 2014]
9.30.090 Additional enforcement provisions.
A. Nothing in this chapter shall be construed to prevent or prohibit the city from pursuing immediate relief from nuisance activities at a property by any other means available by law, including but not limited to summary abatement under SMC 20.30.770(E) and an order of the fire code official under the Shoreline fire code. Penalty and enforcement provisions provided in this chapter shall not be deemed exclusive and the city may pursue any remedy or relief it deems appropriate.
B. Whenever the city issues a notice of determination of chronic nuisance property to more than one person because of a violation of this chapter, those persons shall be jointly and severally liable.
C. The failure of the city to prosecute an individual for violation(s) constituting chronic nuisance activities is not a defense to an action under this chapter.
D. The police chief and the director shall have the authority to promulgate procedures for administering this chapter. [Ord. 675 § 1 (Exh. A), 2014]