Chapter 11.50
CHRONIC NUISANCE PROPERTY
Sections:
11.50.040 Enforcement – Routine inspection.
11.50.050 Enforcement – Administrative search warrant.
11.50.060 Creation of a task force and recommendations for abatement.
11.50.070 Determination of chronic nuisance property and notice of determination.
11.50.080 Voluntary abatement agreement.
11.50.090 Commencement of action.
11.50.010 Purpose.
The purpose of this chapter is to establish procedures to address chronic nuisance properties that impact the health, safety and welfare of the Tulalip Reservation. This chapter seeks to hold owners and persons in charge of such properties legally and financially accountable and to provide for the restoration and abatement of such properties through graduated steps of action, beginning with voluntary compliance when feasible. This remedy is not an exclusive remedy and may be used in conjunction with other laws. [Res. 2022-271; Res. 2019-457].
11.50.020 Definitions.
For the purposes of this chapter:
(1) “Abate” means to remedy a condition or resolve an activity which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the enforcement official determines is necessary in the interest of the general health, safety, and welfare of the community.
(2) “Abatement agreement” means a contract between the Tulalip Tribes and the person in charge of the chronic nuisance property in which such person agrees to promptly take all lawful and reasonable actions, which shall be set forth in the agreement, to abate the nuisance within a specified time and according to specified conditions.
(3) “Chronic nuisance property” means:
(a) Any premises that has unsanitary, nonexistent, or otherwise failing sewage or plumbing facilities; or
(b) Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure so as to endanger life, limb or property; or
(c) Any structure that, in danger of collapse or failure, is dangerous to anyone on or near the premises, or detracts from the value, use and enjoyment of the property or neighboring property; or
(d) Maintaining or permitting upon any land unused or junk vehicle(s), machinery or parts, or inoperable recreational vehicles unless otherwise allowed by law; or
(e) Any premises or structure that is in a state of dilapidation, deterioration or decay, or is otherwise uninhabitable or in a condition that it constitutes a hazard to human health and safety;
(f) A property on which two or more criminal nuisance activities have occurred during any 90-day period, or four or more criminal nuisance activities have occurred during any 12-month period; or
(g) A property on which, two or more times within a 12-month period, a court determined that probable cause existed that illegal possession, manufacture, or delivery of a controlled substance, as defined by Chapter 3.55 TTC, Title 21 U.S.C., or Chapter 69.50 RCW, occurred on the property.
(4) “Criminal nuisance activity” means any of the following, regardless of whether a conviction has been sought or obtained or whether the Tribes has criminal jurisdiction over the perpetrators:
(a) Conduct in violation of chapter Chapter 3.55 TTC, Offenses Involving Dangerous Drugs;
(b) Conduct in violation of TTC 3.30.030, Criminal mischief;
(c) Conduct in violation of TTC 3.30.250, Violation of exclusion order;
(d) Conduct in violation of TTC 3.22.480, Non-sex offender related crimes;
(e) Conduct in violation of TTC 3.15.100, Elder abuse;
(f) Conduct in violation of Chapter 3.40 TTC, Offenses Against Public Order;
(g) Conduct in violation of Chapter 3.50 TTC, Weapons Offenses;
(h) Conduct in violation of TTC 3.65.070, Cruelty to animals, or TTC 3.65.080, Use of dog in illegal activity;
(i) Conduct in violation of TTC 3.80, Human trafficking.
(5) “Control” means the power or ability to direct or determine conditions, conduct, or events occurring on a property, and/or the authority to direct, determine, allow, and/or restrain other people that are present or otherwise occupy a property.
(6) “Enforcement official” means the Tulalip Police Department Chief of Police or his/her designee(s).
(7) “Owner” means one or more persons, jointly or severally, in whom is vested all or any part of the legal title to property, or all or part of the beneficial ownership and right to present use and enjoyment of the property.
(8) “Person in charge” means any person in actual or constructive possession of the property, including but not limited to an owner, lessee, tenant or occupant with control of the property.
(9) “Premises” and “property” may be used by this chapter interchangeably and mean any public or private building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof. [Res. 2022-271; Res. 2019-457].
11.50.030 Prohibitions.
(1) No person shall create, operate or maintain a nuisance property within the boundaries of the Tulalip Indian Reservation.
(2) Owners and/or persons in charge who permit property to be a nuisance property are in violation of this chapter and are subject to its remedies. [Res. 2022-271; Res. 2019-457].
11.50.040 Enforcement – Routine inspection.
Upon receipt of credible information that a violation of TTC 11.50.030, as defined in TTC 11.50.020(3)(a) through (e), has occurred, the enforcement official(s) may undertake a physical inspection of the property. This warrantless area inspection of the property may be done at any reasonable hour. The right and authority conferred by this section shall not apply to entry of any dwelling unless the administrative search warrant procedures of Chapter 8.20 TTC are followed or a Federal or Tulalip exception to the search warrant requirement exists. [Res. 2022-271; Res. 2019-457].
11.50.050 Enforcement – Administrative search warrant.
(1) An administrative search warrant for a property may be obtained pursuant to the procedures and requirements outlined under Chapter 8.20 TTC for the following reasons:
(a) To enforce the routine inspection authority authorized under this chapter; or
(b) There is a probable cause belief that there is a condition, object, activity or circumstance occurring or present on the property in violation of TTC 11.50.030, as defined in TTC 11.50.020(3)(a) through (e). [Res. 2022-271; Res. 2019-457].
11.50.060 Creation of a task force and recommendations for abatement.
The enforcement official shall convene a task force to obtain recommendations for abatement and review compliance under this chapter. The enforcement official shall document such recommendations and compliance information in report format to be maintained in their internal files but which also may be used for further court proceedings. The task force shall include the enforcement official and at least two persons chosen from the Tulalip Police Department, the Planning Department, Public Works, or the Office of Reservation Attorney. [Res. 2022-271; Res. 2019-457].
11.50.070 Determination of chronic nuisance property and notice of determination.
The enforcement official(s), with input from the task force, may determine that a property is a chronic nuisance property, as defined in this chapter. In making such a determination, the enforcement official shall endeavor to review relevant documentation such as law enforcement incident reports, test results and assessments, building inspection information and other documentation from other departments, agencies, building and safety inspectors and stakeholders to determine if there are sufficient facts and circumstances to support a determination that the property is a chronic nuisance property.
(1) After making a determination that a property is a chronic nuisance property, the enforcement official shall notify the owner and person in charge of such property in writing that the property is being declared a chronic nuisance property.
(2) The notice shall also include:
(a) The street address or a legal description sufficient for identification of the property;
(b) A concise description of the nuisance activities that exist or that have occurred on the property and whether the property is abandoned;
(c) A statement that the owner and/or person in charge of the property may be subject to penalties as set forth in this chapter;
(d) A demand that the owner or person in charge of such property respond to the enforcement official within 10 calendar days of service of the notice to create a plan for abatement; and
(e) A statement explaining that if the owner or person in charge of the property does not respond to the enforcement official, or if the matter is not voluntarily corrected to the satisfaction of the enforcement official, the Tulalip Tribes may file an action to abate the property as a chronic nuisance property pursuant to this chapter and/or take other action against the property owner and/or person in charge.
(3) The notice shall be served by mailing a copy of the notice to the owner and person in charge at his/her last known address, certified mail, return receipt requested and by either:
(a) Personal service on the owner and person in charge; or
(b) By posting a copy of the notice conspicuously upon the property. [Res. 2022-271; Res. 2019-457].
11.50.080 Voluntary abatement agreement.
(1) An owner or person in charge who receives notice pursuant to this section must, within 10 calendar days, contact the enforcement official to establish a plan of action in the form of an abatement agreement under the terms of which the owner and/or person in charge will eliminate the conditions, behaviors, or activities which constitute nuisance activities.
(2) An abatement agreement shall be signed by the owner and/or person in charge and shall include the following:
(a) The name and address of the owner and/or person in charge of the property;
(b) The street address or a legal description sufficient for identification of the property;
(c) A description of the nuisance activities to be abated and whether the property is abandoned;
(d) The necessary corrective action to be taken, and a date and time by which the corrective action must be completed;
(e) An agreement by the owner and/or person in charge that, at reasonable times, the enforcement official may inspect the property as necessary to determine compliance with the abatement agreement; and
(f) An agreement by the owner and/or person in charge that the Tulalip Tribes may abate the nuisance and recover its costs and expenses and penalties imposed pursuant to this chapter from the owner and/or person in charge, through a voluntary per capita deduction or otherwise, if the terms of the abatement agreement are not met.
(3) Corrective action under an abatement agreement may include, but is not limited to:
(a) Executing a no trespass warning and enforcement authorization;
(b) Evicting persons responsible for nuisance activities; provided, however, that eviction is a remedy available to the owner pursuant to any lease or other agreement; and provided, that such actions are consistent with applicable landlord-tenant laws;
(c) Removal of junk and abandoned vehicles and recreational vehicles (RVs) under the process outlined under Chapter 2.45 TTC or any other lawful means;
(d) Closing or boarding up chronic nuisance property premises or structures;
(e) Any other remedy available under the law to the owner and/or person in charge. [Res. 2022-271; Res. 2019-457].
11.50.090 Commencement of action.
(1) The enforcement official may refer a chronic nuisance property to the Office of Reservation Attorney if:
(a) The owner or person in charge of the property fails to timely respond to the notice described in TTC 11.50.070;
(b) An owner or person in charge of the property fails to enter into an abatement agreement as described in TTC 11.50.080;
(c) Having entered into an abatement agreement as described in TTC 11.50.080, the owner and/or person in charge fails to abide by the terms of the abatement agreement and a nuisance activity persists on the property; or
(d) Nuisance activities, which were previously abated pursuant to an abatement agreement, resume at the property within six months of service of the notice described in TTC 11.50.070.
(2) The Office of Reservation Attorney may petition the Tribal Court for an order to abate a chronic nuisance property, which may include penalties pursuant to this chapter and any other remedies allowed by Tulalip law.
(3) In any action filed, the Tribes shall have the initial burden of proving by a preponderance of the evidence that the property is a chronic nuisance property. In addition to evidence admissible under the Tulalip rules of evidence, law enforcement reports, reports of Tribal, Federal, State, and local departments, and affidavits signed under penalty of perjury may be offered as evidence of chronic nuisance activity. The fact that nuisance activity has not resulted in prosecution or conviction for a crime, or the filing of a civil infraction or a committed finding for a civil infraction, is not a defense in a chronic nuisance action. [Res. 2022-271; Res. 2019-457].
11.50.100 Remedies.
(1) If the Court finds that a property is a chronic nuisance property, the Court may:
(a) Order the owner(s) and/or person(s) in charge to immediately abate nuisance activity existing or occurring on the property;
(b) Order that the enforcement official shall have the right to inspect the property to determine if the Court’s orders have been complied with;
(c) Impose a penalty of up to $100.00 per day against the owner(s) and/or person(s) in charge, jointly and severally, for each day from the date of service of the chronic nuisance property notice, until the date the property is abated;
(d) Revoke any licenses issued by the Tribes to an owner or person in charge;
(e) Order that the enforcement official shall have the right to close and secure the property;
(f) Order any further relief that will reasonably abate nuisance activity existing or occurring on the property;
(g) If the Tulalip Tribes has incurred costs to abate the nuisance activity, assess the costs of such abatement against the owner(s) and/or person in charge;
(h) Order future hearing(s) be set to monitor progress.
(2) The Court shall consider the following factors when imposing a penalty:
(a) The actions taken by the owner(s) and/or person(s) in charge to mitigate or correct the nuisance activity;
(b) The financial condition of the owner(s) and/or person(s) in charge;
(c) Any known mental or physical disabilities of the owner(s) and/or person(s) in charge;
(d) The nature of the nuisance activity, including its seriousness, continuity, and pervasiveness;
(e) The statements of neighbors and others affected by the nuisance activity; and
(f) Any other factors deemed relevant by the Court.
(3) Any judgment awarded to the Tribes may be satisfied by:
(a) A lien on the property, if the property is held in fee simple or restricted fee;
(b) Garnishment, including of per capita distributions and any bonus distributions;
(c) A continuing lien on earnings; or
(d) A payment plan that provides a reasonable time frame for payment of the judgment. The Tribes may petition and the Court shall order satisfaction of a judgment by one of the alternatives in subsection (3)(a), (b), or (c) of this section if a judgment creditor fails to make timely payments pursuant to a payment plan under this subsection.
(4) In addition to any other remedy that is authorized by this chapter or other laws, the Court may suspend or revoke any license issued by the Tribes to an owner or person in charge until such time as the property is abated and any judgment owing to the Tribes is paid in full. [Res. 2022-271; Res. 2019-457].
11.50.110 Summary closure.
Where authorized, nothing in this chapter prohibits the Tulalip Tribes’ Board of Directors from taking any emergency action, through resolution, for summary closure of such property when it is necessary to avoid an immediate threat to public welfare and safety. [Res. 2022-271; Res. 2019-457].
11.50.120 Severability.
If any provision of this chapter, or its application to any person or circumstance, is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected thereby. [Res. 2022-271; Res. 2019-457].