Chapter 8.30
OUTDOOR STORAGE OR ACCUMULATION OF MATERIALS
Sections:
8.30.010 Nuisances enumerated.
8.30.020 Enforcement with regard to junk motor vehicles.
8.30.030 Enforcement of other nuisance complaints.
8.30.010 Nuisances enumerated.
Each of the following conditions, unless otherwise expressly permitted by law, is declared to constitute a public nuisance on all unincorporated lands of Skamania County:
A. The outside accumulation of more than two cubic yards of waste, rubbish and trash, including but not limited to bottles, cans, glass, wire, broken crockery, broken plaster, and any other similar abandoned, discarded or unused material, which is visible from an adjacent property or road, unless kept in covered bins or covered receptacles.
B. The outside storage of abandoned, discarded or unused objects or equipment, including but not limited to tires, household furniture, stoves, refrigerators and freezers, which are visible from an adjacent property or road.
C. The outside storage for more than sixty consecutive days of more than five yards of any used or unused building materials which are visible from an adjacent property or road; provided, that nothing herein shall:
1. Prohibit such storage when done in conjunction with a construction project for which a building permit has been issued and which, in the opinion of the county, is being pursued diligently to completion or, when the proposed construction does not require a building permit subject to Title 15 of this code, the construction, in the opinion of the county, is being diligently pursued to completion;
2. Prohibit storage upon the premises of a bona fide lumber yard, dealer in building materials, or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable law;
3. Make lawful any storage when it is prohibited by other ordinances or laws.
D. The presence for more than thirty consecutive days of junk motor vehicles, as defined in RCW 46.55.010 (4), or unattached motor vehicle parts that are visible from an adjacent road or other public or private property. (Ord. 1989-04 § 1; Ord. 1989-02 § 1)
8.30.020 Enforcement with regard to junk motor vehicles.
Pursuant to RCW 46.55.240, prior to impounding any unauthorized junk vehicles:
A. The appropriate county official shall give notice to the last registered owner of record of any such vehicle(s), and the property owner of record upon whose property said vehicle(s) is located, that a hearing may be requested and that if no hearing is requested, the vehicle(s) will be removed;
B. In the event a hearing is requested by either the vehicle owner or the property owner, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle(s), or parts thereof, as a public nuisance, shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership;
C. This ordinance shall not apply to (i) a vehicle, or parts thereof, that 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) a vehicle, or parts thereof, that are stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130;
D. Any owner of land upon which any such vehicle is located may appear in person or by representation at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial. If it is determined at the hearing that the vehicle was placed on his land without his consent and that he has not subsequently acquiesced in its presence then costs of administration or removal of the vehicle shall not be assessed against the owner or his land;
E. After notice has been given of the intent of the county to dispose of the vehicle, and after a hearing, if requested, has been held, the vehicle, or parts thereof, shall be removed at the request of any law enforcement officer with notice to the Washington State patrol and the department of licensing that the vehicle has been wrecked. (Ord. 1989-04 § 2: Ord. 1989-02 § 1A)
8.30.030 Enforcement of other nuisance complaints.
The provisions of Section 8.30.010 shall be enforced by the county sheriff, county building official or health district. (Ord. 1989-04 § 3; Ord. 1989-02 § 2)
8.30.031 Right to hearing.
Upon receiving notice, pursuant to Skamania County Code Section 8.30.050, of the existence of a nuisance enumerated in Skamania County Code Section 8.30.010, the person, firm or corporation named in said notice or the owner of record of such property may request a hearing in writing within ten days of receipt of such notice, pursuant to Section 8.30.032 of this chapter. In the event no hearing is requested, the provisions of Sections 8.30.040 and 8.30.050 shall apply over 8.30.032. (Ord. 1992-07 (part))
8.30.032 Hearing procedure.
All hearings provided herein shall be conducted by the board of county commissioners or their designated hearings officer upon receipt of written request for such hearing as provided in Section 8.30.031.
Upon receipt of such request, a notice giving the time, location, and date of the hearing on the question of the existence of, abatement of, and removal of the specified nuisance, shall be served by personal service or by certified mail, with a five-day return receipt requested, upon the person, firm, corporation or property owner of record requesting such hearing.
In the event a hearing is requested pursuant to Sections 8.30.031 and 8.30.032, any and all penalties provided in Sections 8.30.040 and 8.30.050 shall be stayed pending the hearing and determination of the board of county commissioners or their designated hearings officer.
In the event it is determined by the board of county commissioners or their designated hearings officer, at the conclusion of the hearing, that the nuisance or nuisances complained of exists, the penalty provisions of Sections 8.30.040 and 8.30.050 shall apply as of the date notice of violation was received by the person, firm, corporation or owner of record named in such notice. (Ord. 1998-02 (part); 1992-07 (part))
8.30.040 Penalty.
Any person, firm, or corporation who violates any provision of this chapter, shall be liable to the county for a civil penalty of fifty dollars for each day that said violation continues after notice is received by said person, firm or corporation; provided said penalty or any portion thereof may be waived by the board of commissioners if, in its opinion, compliance with the chapter is being diligently pursued. (Ord. 1989-02 § 3)
8.30.050 Abatement.
In addition to the remedies provided for in Section 8.30.040, the enforcing officer may give notice by certified mail or by personal delivery to the owner of the site of the necessity within ten days of the date of notice to abate the specified nuisance and shall put the notice at the site. If at the end of the ten-day period the site has not been cleaned and the nuisance thus abated, the county is hereby authorized to have such site cleaned and to bill the cost of such cleaning, disposal and administrative costs against the owner of the property. If unpaid, such cost shall become a lien in favor of Skamania County and enforceable as other liens against the real property where such nuisance occurred. The notice shall state with specificity the nuisance which is occurring at the posted site, shall order that such nuisance must be abated within ten days of the date of notice, shall state that if the nuisance is not so abated, the county may remove specified materials and bill for removal and shall become a lien against the property where the nuisance has occurred, and shall state the date of notice. It is illegal for any person to remove such notice until the terms thereof shall have been fully complied with.
If the health officer shall determine in writing that nuisance constitutes an extreme hazard to public health, the county may proceed immediately to abate such nuisance. (Ord. 1989-02 § 4)
8.30.060 Nonconforming uses.
That portion of a commercial or industrial nonconforming use of property involving outside storage of inventory, supplies or other material shall be abated within six months of the adoption of the ordinance codified in this chapter unless, within such period, application for site plan approval is made and thereafter granted for such outside storage. Site plan approval for nonconforming outside storage shall be processed in accordance with the standards of the district within which such use is first permitted. (Ord. 1989-02 § 5)