Chapter 9.36
NUISANCES
Sections:
9.36.020 Abatement and removal.
9.36.030 Liability for costs and expenses of abatement.
9.36.010 Designated.
A. For the purpose of this chapter, a “nuisance” consists of doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
1. Annoys, injures or endangers the safety, health, comfort or repose of others; or
2. Offends public decency; or
3. Unlawfully interferes with, befouls, obstructs, or tends to obstruct, or renders dangerous for passage, a public park, square, street, alley or highway; or
4. Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life and/or property; or
5. Causes, makes or allows to be made from any audio equipment the following:
a. Sound from a motor vehicle audio system, such as a radio, tape player, or compact disc player, which is operated at such volume that it can be clearly heard at a distance of 75 feet, or more, from the vehicle itself; or
b. Sound from portable audio equipment, such as a radio, tape player, or compact disc player, which is operated at such volume that it can be clearly heard at a distance of 75 feet, or more, from the source of the sound;
6. Between the hours of 11:00 p.m. and 6:00 a.m., makes or continues, or causes to be made or continued, even if in the operation of any machine or the exercise of any trade or calling, or otherwise, any noise which either annoys, injures or endangers the comfort, health or safety of others, unless the making or continuing of the same is necessary to the protection or preservation of property, or of the health, safety, life or limb of some person; and
7. Causes or makes or allows to be made any loud or raucous, and frequent repetitive or continuous sounds created by use of a musical instrument or other device capable of producing sound when struck by an object, whistle, or sound amplifier, or other device capable of producing, amplifying or reproducing sound.
B. The following specific acts, omissions, places, conditions and things are declared to be nuisances:
1. The keeping or harboring of any dog or dogs, or other animals, which by frequent or habitual howling, yelping or barking, annoys or disturbs any person or neighborhood; or
2. Within the city where gross weeds, brush or other noxious growths are not cut as often as the same may require cutting, to prevent the same from becoming, in the opinion of the fire chief or health inspector, a safety, health or fire hazard; or
3. Within the city where the owner thereof does not perform, or cause to be performed, such acts as are necessary to control and prevent the spread of noxious weeds as defined in Chapter 17.10 RCW; and
4. Wherein drunkenness, gambling, fighting or breaches of the peace are carried on or permitted;
5. Wherein any fighting between men or animals or birds is conducted;
6. Wherein any intoxicating liquors are kept for unlawful use, sale or distribution;
7. Where vagrants resort;
8. Where any unguarded or abandoned excavation, pit, well or hole dangerous to life exists; and
9. The placing, tacking, sticking, pasting or fastening in any manner of a sign, handbill or flyer upon any public property, including utility poles, without consent of the owner thereof. (Ord. 638 § 1, 2006; Ord. 497 § 1, 1995; Ord. 453 §§ 1, 2, 1992; Ord. 342 §§ 1, 2, 3, 1982; Ord. 277 § 1, 1980; Ord. 263 § 1, 1978).
9.36.020 Abatement and removal.
When judgment is rendered against any person, firm, or corporation finding him guilty of creating, keeping or maintaining a nuisance, as provided in TMC 9.36.010, it shall be the duty of the court before whom the conviction is had, in addition to imposing the penalty or penalties provided in Chapter 1.08 TMC, and the costs and expenses of abatement as provided in TMC 9.36.030, to order the defendant or defendants in such action to abate and remove such nuisance, and if the same is not done by such offender within the timeline fixed by the court, the same shall be abated and removed under the direction of the chief of police of the city or any other officer authorized by the order of said court, which said order of abatement shall be entered upon the docket of said court and made a part of the judgment in said action. (Ord. 604 § 1, 2003; Ord. 263 § 3, 1978).
9.36.030 Liability for costs and expenses of abatement.
Any person, firm or corporation found guilty of keeping or maintaining a nuisance as provided in this chapter shall be liable for all costs and expenses of abating the same when said nuisance has been abated by any officer of the city, which said costs and expenses shall be taxed as part of the costs of said prosecution against the party liable, to be recovered as other costs are recovered; provided, that in such cases the city shall be liable in the first instance to pay the same, and in all cases where the chief of police or other officer abates any such nuisance he shall keep an account of all expenses attending such abatement and in addition to other powers herein given to collect such costs and expenses, the city may bring suit for the same in any court of competent jurisdiction against the person, firm or corporation creating, keeping or maintaining the nuisance so abated. (Ord. 263 § 4, 1978).