Chapter 8.16
NUISANCES
Sections:
8.16.020 Public nuisance defined.
8.16.040 Certain code violations declared public nuisances.
8.16.050 Other public nuisances declared.
8.16.060 Other public nuisances as determined by the enforcement officer.
8.16.070 Notice to abate public nuisance.
8.16.080 Summary abatement of immediate danger.
8.16.100 Abatement by the city – Lien authorized.
8.16.110 Superior court action for abatement.
8.16.120 Maintenance of public nuisance after notice to abate a misdemeanor.
8.16.130 Remedies not exclusive.
8.16.010 Purpose.
It is the purpose of this chapter to declare what shall constitute a public nuisance within the city and to provide for the abatement of such nuisances in order to protect the public health, safety and welfare; to prohibit those conditions that create fire or other safety or health hazards; to prohibit those conditions which interfere with the enjoyment of public or private property; to prevent those conditions that contribute to the degradation of the character of neighborhoods and the depreciation of property values; and to prohibit conditions which degrade the city’s scenic attractiveness, livability and economic welfare. (Ord. 670 § 2, 1991).
8.16.020 Public nuisance defined.
As used in this chapter, the term “public nuisance” means doing an unlawful act, omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
A. Annoys, injures or endangers the comfort, repose, health or safety of others; or
B. Offends decency; or
C. Is offensive to the senses; or
D. Interferes with, obstructs or tends to obstruct or renders dangerous for passage any public highway, street, stream, park or trail in the city;
E. Renders other persons insecure in life or the use of their property; or
F. Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life or property. (Ord. 670 § 2, 1991).
8.16.030 Definitions.
As used in this chapter, the following words have the following meanings:
A. “Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question and in such a manner and to such an extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community.
B. “Enforcement officer” means the director of community development or any city official or employee designated by him.
C. “Junk” means and includes old appliances or equipment of any nature or parts thereof, old iron or other scrap metal, inoperable vehicles of any nature or parts thereof, including tires, vehicle hulks, cardboard, used building materials, old furniture, salvaged material of any nature, or any other items of personal property of any nature whatsoever, not being used for their intended purpose.
D. “Premises” means any building, lot, parcel, real estate, land or portion thereof, whether improved or unimproved, including adjacent sidewalks and parking strips.
E. “Responsible person” means any agent, lessee, owner or other person occupying or having charge or control of any premises. (Ord. 670 § 2, 1991).
8.16.040 Certain code violations declared public nuisances.
Without limitation of the generality of the definition of public nuisance set forth in this chapter, and supplementary to the provisions of any other provision of this code, the following violations of other provisions of this code are declared to be and constitute public nuisances, subject to abatement as provided in this chapter:
A. The creation or maintenance, or permitting the creation or maintenance, of any encroachment upon the floodplain of the Snoqualmie River, including the placement of fill or the construction, reconstruction, repair or improvement of any building, structure or improvement of any nature, in any manner contrary to the provisions of Chapter 15.12 SMC, as the same exist or may be amended at or after the effective date of the ordinance codified in this chapter;
B. The creation or maintenance, or permitting the creation or maintenance, of any substantial improvement within the shorelines of the city, in any manner contrary to the provisions of Chapter 19.08 SMC, as the same exist or may be amended at or after the effective date of the ordinance codified in this chapter;
C. Authorizing, directing, permitting or engaging in any construction activity, including the construction, reconstruction, repair, improvement, use or occupancy of any building, structure or other improvement of any nature, in any manner contrary to the provisions of SMC Title 15, including all codes incorporated therein by reference, as the same exist or may be amended at or after the effective date of the ordinance codified in this chapter;
D. Creating or maintaining any use of land, buildings or structures, contrary to the provisions of SMC Title 17, as the same exist or may be amended at or after the effective date of the ordinance codified in this chapter. (Ord. 670 § 2, 1991).
8.16.050 Other public nuisances declared.
Without limitation of the generality of the definition of public nuisance set forth in this chapter, the following acts, omissions, conditions and things are declared to be and constitute public nuisances, subject to abatement as provided in this chapter:
A. Storing or accumulating, or permitting the storage or accumulation, of junk on any premises where the junk is exposed to view from any public place;
B. The accumulation, or permitting the accumulation of, tin cans, bottles, trash, litter, waste or refuse of any nature on any premises, except in garbage cans or containers maintained for regular collection;
C. Permitting the existence of any dilapidated, abandoned or partially destroyed building or structure; any unused building or structure which is not properly secured from entry; or any building or structure commenced and left unfinished;
D. Storing, or permitting to be stored, any toxic, radioactive, caustic, flammable, explosive or other dangerous or hazardous substances, except when stored in compliance with the requirements of all regulatory agencies having jurisdiction;
E. Permitting the existence of any putrid, unsound or unwholesome bones, meat, hides or skins, or the whole or any part of any dead animal, fish or fowl,
F. Privies, vaults, cesspools, sumps, pits, excavations or like places which are not securely protected, or which are foul or malodorous;
G. Any refrigerator, freezer or other insulated container within which a child could suffocate;
H. Creating, or permitting to be created, any noise in excess of that allowable under King County Code Chapter 12.88, Environmental Noise Levels, as it exists or may be amended at or after the effective date of the ordinance codified in this chapter, which is incorporated in this chapter by this reference;
I. The accumulation, or permitting the accumulation, of materials or objects of any nature where the same endangers property or safety, or constitutes a fire hazard.
J. Permitting the existence of caterpillar, fruit fly, moth, rust or other infestation or disease of trees or shrubs;
K. Any failure to maintain landscaping required for a commercial, industrial or multiple family residential building or structure. (Ord. 670 § 2, 1991).
8.16.060 Other public nuisances as determined by the enforcement officer.
Other acts, omissions, conditions and things, when determined by the enforcement officer to be a public nuisance as defined in SMC 8.16.020, shall be subject to abatement as provided in this chapter. (Ord. 670 § 2, 1991).
8.16.070 Notice to abate public nuisance.
A. Whenever the enforcement officer shall have knowledge of a public nuisance, he shall cause the owner or responsible person to be notified to abate the same.
B. The notice shall contain the following information:
1. A description of the act, omission, condition or thing constituting the public nuisance;
2. A direction that the owner or responsible person shall abate the same within 20 calendar days after service of the notice; and
3. A description of the manner in which the abatement is to be accomplished.
C. The notice may be served upon the owner or responsible person either by personal service or by mailing by both registered mail, return receipt requested, and by ordinary mail. If notice is given by mail, notice shall be deemed given three days after the date of mailing. (Ord. 670 § 2, 1991).
8.16.080 Summary abatement of immediate danger.
A. Whenever any condition or use of property reasonably appears to the enforcement officer to constitute an imminent or immediate danger to the health or safety of the public, the enforcement officer shall have the authority to summarily abate the nuisance, upon such notice as may be practical in the circumstances, or without notice if the circumstances warrant it.
B. The police department on request of the enforcement officer shall stand by to prevent a breach of the peace during summary abatement of a public nuisance pursuant to this section. Any person who shall intentionally hinder, obstruct or delay the enforcement officer in the performance of his duties under this section shall be guilty of a misdemeanor, and punished by a fine of not more than $1,000, by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 670 § 2, 1991).
8.16.090 Appeal.
A. Any person notified to abate a public nuisance may appeal the determination of the enforcement officer to the city council. Appeal shall be made by filing a notice of appeal with the city administrator within seven calendar days after the giving of notice to abate, which shall set forth the grounds for the appeal, and shall include the address to which further notices are to be mailed.
B. The city council shall set a hearing on the appeal for a date as soon as may be practical in the circumstances, and notice of the hearing shall be given by mail at least 10 calendar days prior to the date set. Further action on the abatement shall be stayed during the pendency of the appeal before the city council.
C. The city council shall hear and determine the appeal in a public meeting, and shall make its findings, conclusions and order in writing, which shall be final and conclusive unless a petition for review shall be filed in the county superior court within 30 days after the findings, conclusions and order are approved by council. (Ord. 670 § 2, 1991).
8.16.100 Abatement by the city – Lien authorized.
A. Whenever a notice to abate a public nuisance has been given in accordance with the provisions of this chapter, and 20 days have elapsed from the date of the notice or from the date of the order of city council, if appealed, without the owner or responsible person having accomplished the abatement, the city may at its option proceed to abate the public nuisance.
B. In all cases of summary abatement pursuant to SMC 8.16.080 and abatement under subsection A of this section, the city’s costs of abatement, including labor, materials and reasonable value of city equipment employed, shall be a civil debt owing to the city jointly and severally by all owners or responsible persons to whom notice to abate was given, for which the city shall have a lien. In the event sums due the city under this subsection shall not be paid forthwith, or in the event the owner cannot be found, the enforcement officer shall record a notice of claim of lien in the name of the city. The notice of claim of lien shall be in the same form, and recorded with the same filing officer, and be enforced and foreclosed as provided by law for liens for labor and materials as provided in Chapter 60.04 RCW, as the same exists or may be amended at or after the effective date of the ordinance codified in this chapter. (Ord. 670 § 2, 1991).
8.16.110 Superior court action for abatement.
A. As an alternative to abatement by the city, the city may commence an action in superior court for abatement of the public nuisance.
B. In all such actions, the judgment of abatement shall include the city’s reasonable costs and expenses incurred in abating the public nuisance, including the fees of expert witnesses and reasonable attorneys’ fees. (Ord. 670 § 2, 1991).
8.16.120 Maintenance of public nuisance after notice to abate a misdemeanor.
Any person to whom a notice to abate a public nuisance has been given, and who shall have failed to abate the same within 20 days after the giving of notice to abate, or within 20 days after the date of the order of city council, if appealed, shall be guilty of a misdemeanor. Each day that such public nuisance is maintained after the expiration of 20 days from the giving of notice to abate shall constitute a separate offense. (Ord. 860 § 4, 2000; Ord. 670 § 2, 1991).
8.16.130 Remedies not exclusive.
The remedies prescribed in this chapter are in addition to all other remedies provided or authorized by law. (Ord. 670 § 2, 1991).