Chapter 6.04
NUISANCES
Sections:
6.04.030 Public nuisance declared.
6.04.050 Voluntary correction.
6.04.060 Enforcement – Notice.
6.04.080 Abatement by the city.
6.04.090 Abatement by owner or other responsible person.
6.04.100 Immediate danger – Summary abatement.
6.04.130 Remedies not inclusive.
6.04.010 Definitions.
Unless the context requires otherwise, the following means:
(1) “Person” means a natural person, firm, partnership, association, or corporation, whether he is acting for himself or representative or agent of another.
(2) “Person in charge of property” means an agent, lessee, contract purchaser or other person having possession or control of property or the supervision of any construction project.
(3) “Person responsible” for abating a nuisance shall include:
(A) The owner.
(B) The person in charge of property, as defined in subsection (2) of this section.
(C) The person who caused to come into or continue in existence a nuisance as defined in this chapter or another ordinance of this city.
(4) “Public place” means a building, public street, alley or right-of-way, place or accommodation, whether publicly or privately owned, open and available to the general public.
(5) “Premises,” as used herein, shall include property, landscaping, plantings, trees, bushes, fences, buildings, fixtures and exterior storage of personal property, equipment, supplies and vehicles.
(6) “Officer,” “enforcement officer” or “designated person” for the purpose of this chapter shall mean either the public works director, police chief, police officer, building inspector, code enforcement official or anyone so designated in writing by the mayor. (Ord. 1374(a) § 1, 2006)
6.04.020 Right of entry.
Whenever it is necessary to make an inspection to enforce the provisions of this chapter, or whenever the enforcement officer has reasonable cause to believe that there exists in a building or upon any premises any conditions or violations of this chapter which make the building or premises unsafe, dangerous or hazardous, the enforcement officer shall have the authority to enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the enforcement officer by this chapter. If such building or premises is occupied, the enforcement officer shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the enforcement officer shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the enforcement officer has recourse to every remedy provided by law to secure entry. (Ord. 1374(a) § 2, 2006)
6.04.030 Public nuisance declared.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the enforcement officer determines that any of these conditions exist upon any premises, the officer may require or provide for the abatement thereof pursuant to this chapter:
The construction, maintaining, using, placing, depositing, causing, allowing, leaving, or permitting to be or remain in or upon any private or public lot, building, structure, or premises, on, in or upon any street, avenue, alley, park, parkway or other public or private place in the city, any one or more of the following places, conditions, things, or acts to the prejudice, danger, or annoyance of others:
(1) Accumulations of manure or rubbish except a compost pile so covered or concealed as not to affect the health, safety or depreciation of adjacent property.
(2) Pollution of a body of water, spring, stream or drainage ditch by sewage, industrial wastes, or other substances that cause harmful material to pollute the water.
(3) All limbs of trees overhanging a public sidewalk which are less than nine feet above the surface of said sidewalk or overhanging a city street which are less than 14 feet above the surface of said street.
(4) Premises or residences which are in such a state of decay to cause an offensive odor or which are in an unsanitary condition.
(5) Ponds or pools of stagnant water being consistent with Department of Ecology and environmental regulations.
(6) Installing or maintaining any privies, vaults, cesspools, sumps, pits, or like places.
(7) All unused, abandoned or discarded refrigerators, ice boxes, or like containers which are left in any place exposed or accessible to children; or any water closet, bathtub or other appliance.
(8) All places not properly fenced which are used or maintained as junk yards or dumping grounds, or for the wrecking, disassembling, repair or rebuilding of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others.
(9) Deposit, keep or leave or to permit to be deposited, kept or left in any place accessible to children, or in any place viewable from a street, alley or from other public or private property, any abandoned, unused, nonrunning, unlicensed, junk or discarded automobile, vessel, trailer, truck or other such vehicle, or any vehicle hulk or any part thereof. For the purposes of this subsection, “abandoned, nonrunning” refers to a vehicle which is not movable under its own power and which has been in a stationary position for more than 14 calendar days. For the purposes of this subsection, “unused” refers to a vehicle which has been in a stationary position for more than 14 calendar days.
(A) This section shall not apply to:
(i) A vehicle or vessel which is completely enclosed within a building in a lawful manner, or a vehicle/vessel which is not visible from the street, alley or from other public or private property (a covering such as a tarp on the vehicle/vessel does not constitute a visual barrier); or
(ii) A vehicle or vessel which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle/vessel dealer and is fenced as required by state law; or
(iii) A vehicle or vessel which is used as artwork or as a display; provided, that the use of such vehicle/vessel must not pose a risk to the safety and health of children or others by containing any sharp edges, loose or broken parts, broken glass, entrapment hazards or any other condition which may pose a safety or health risk. Use of such vehicles/vessels must be authorized by a permit signed by the enforcement officer prior to their placement on any public or private property. The city, at its sole discretion, reserves the right to limit the number of vehicles/vessels per property address which shall be used as artwork or displays.
The term “junk” as used in this section includes all motor vehicles or vessels not currently licensed, old or unusual motorized or nonmotorized vehicle/vessel or vehicle/vessel parts, abandoned automobiles or vessels, old machinery, old machinery parts, old appliances or parts thereof, old iron or other metal, glass, paper, lumber, wood or other waste or discarded material. The term “junk” as used in this chapter shall not include fishing equipment, storage or repair incidental to an off-premises commercial fishing business.
(10) An open pit, quarry, cistern or other excavation without safeguards or barriers to prevent such places from being used by children.
This subsection shall not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children.
(11) The depositing or burning or caused to be deposited or burned in any street, alley, sidewalk, park, parkway, or other public place which is open to travel, any hay, straw, grass, grass clippings, papers, wood, boards, boxes, leaves, manure, or other rubbish or material except by permission of the fire marshal.
(12) The existence of any dead, diseased, infested or dying tree that may constitute a danger to property or persons. No tree on property which abuts upon a street or public sidewalk shall interfere with street or sidewalk traffic.
(13) All noxious weeds as defined in Chapter 17.10 RCW as it currently exists or as hereinafter amended and other rank growth upon public or private property which shall create a health or fire hazard or be permitted to go to seed and contaminate adjacent or other properties or which in the determination of the enforcement officer shall otherwise constitute a nuisance.
(14) Any tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire, pipe, metal articles, plaster, and all other trash or abandoned material, unless the same is kept in covered bins or metal receptacles approved by the enforcement officer and further except for recyclables kept in approved containers.
(15) Any trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding accessories, packing hay, straw, or other packing material, scrap iron, tin, pipe and other metal not neatly piled.
(16) Lumber, logs, pilings or wood not neatly stacked or piled.
(17) Any unsightly and dangerous building, billboard or other structure, or any old, abandoned or partially destroyed building or structure, or any building or structure commenced and left unfinished.
(18) Repair of an automobile, truck or other motor vehicle of any kind upon the public streets, alleys or other public property of the city, except for emergency repairs not to exceed 48 hours.
(19) Any putrid, unsound or unwholesome bones, meat, hides, skins, skeletons or the whole or part of any dead animal, fish or fowl, butcher’s trimmings and offal, or any waste, vegetable or animal matter, in any quantity, garbage, human excreta or other offensive substance, provided nothing contained in this chapter shall prevent the temporary retention of waste in receptacles in the manner approved by the enforcement officer of the city or the local disposal company.
(20) Burning or disposal of refuse, sawdust or other material in such a manner to cause or permit ashes, sawdust, soot or cinders to be cast upon the streets or alleys of the city, or to cause or permit dense smoke, noxious fumes, ashes, soot or gases arising from such burning to become annoying or injurious to the health, comfort, or repose of the general public. Nothing contained in this subsection or other provisions of this chapter shall permit conduct which is inconsistent with Department of Ecology or other environmental regulations.
(21) The existence of any vines, plants growing into or over any street, sidewalk, public hydrant, pole or electrolier, or the existence of any shrub, vine or plant, growing on, around or in front of any hydrant, stand pipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto, or obstruct or interfere with the proper diffusion from the light from any street lamp, or obstruct the vision of vehicle or pedestrian traffic.
(22) Any poisonous or harmful substance which is reasonably accessible to persons or to animals.
(23) The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition.
(24) Poultry which creates a nuisance.
(25) Disposal of animals within the city limits.
(26) Any accumulation of debris, brush, wood, materials or objects when, in the opinion of the enforcement officer, the same endangers property, safety or constitutes a fire hazard. (Ord. 1374(a) § 3, 2006)
6.04.040 Prohibited conduct.
It shall be unlawful for any responsible person or owner to create, permit, maintain, suffer, carry on or allow upon any premises any of the acts of things declared by this chapter to be a public nuisance. (Ord. 1374(a) § 4, 2006)
6.04.050 Voluntary correction.
This section applies whenever the enforcement officer determines that a public nuisance is occurring.
The enforcement officer shall pursue a reasonable attempt to secure voluntary correction by contacting the person responsible for the public nuisance and, where responsible for the public nuisance and, where possible, explaining the public nuisance and requesting correction.
A voluntary correction agreement may be entered into between the person responsible for the public nuisance and the city, acting through and at the discretion of the enforcement officer as follows:
(1) The voluntary correction agreement is a contract between the city and the person responsible for the public nuisance under which such person agrees to abate the public nuisance within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
(A) The name and address of the person responsible for the public nuisance;
(B) The street address or a description sufficient for publication of the building, structure, premises or land upon or within which the public nuisance is occurring;
(C) A description of the public nuisance;
(D) The necessary corrective action to be taken, and a date or time by which correction must be completed;
(E) An agreement by the person responsible for the public nuisance that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction;
(F) An agreement by the person responsible for the public nuisance that the city may abate the public nuisance and recover its costs and expenses and a monetary penalty pursuant to WMC 6.04.110 from the person responsible for the public nuisance if terms of the voluntary correction agreement are not met; and
(G) An agreement that by entering into the voluntary correction agreement the person responsible for the nuisance waives the right to an administrative appeal of the public nuisance and/or the required corrective action.
(2) Upon entering into a voluntary correction agreement, the person responsible for the public nuisance waives the right to an appeal of the enforcement officer’s finding of public nuisance and the required corrective action as provided in WMC 6.04.070.
(3) The city shall have the right to inspect the subject property to determine compliance with the terms of the voluntary correction agreement.
(4) An extension of the time limit for correction of a modification of the required corrective action may be granted by the enforcement officer if the person responsible for the public nuisance has shown due diligence and/or substantial progress in abating the public nuisance, but unforeseen circumstances render abatement under the original conditions unattainable within the time limit for correction.
(5) The city may abate the public nuisance in accordance with WMC 6.04.080 if the terms of the voluntary correction agreement are not met.
(6) If the terms of the voluntary correction agreement are not met, the person responsible for the public nuisance shall be subject to the penalties set forth in WMC 6.04.110, plus all costs and expenses of abatement as set forth in WMC 6.04.080. (Ord. 1374(a) § 5, 2006)
6.04.060 Enforcement – Notice.
Upon finding that a public nuisance exists, the enforcement officer shall take such action as is reasonably necessary to cause the nuisance to be abated. If the person responsible for the nuisance fails to abate the same within the time determined and as directed by the enforcement officer pursuant to the preceding sections, the enforcement officer shall cause any owner or other responsible person to be notified of the existence of the public nuisance, including posting of a notice on the premises where the nuisance exists if possible, directing the owner or person in charge of the property to abate the condition within 10 calendar days after notice or other reasonable period.
At the time of posting, if in the determination by the enforcing officer that said property appears abandoned, a copy of such notice shall be forwarded by registered or certified mail to the legal owner or designated guardian, postage paid, and if known or disclosed from official public records of the tax assessor’s office, any other legal interest in the building or land.
The enforcement officer, upon receiving written complaint from any neighbor, person, citizen or otherwise where a nuisance may exist, shall investigate within 10 days of receipt of said complaint. (Ord. 1374(a) § 6, 2006)
6.04.070 Appeal.
Within the time allowed after posting (if possible) and mailing of such notice, as provided in WMC 6.04.060, the person responsible shall remove the nuisance or within the same 10-day time period show that no nuisance exists. An owner or person responsible, protesting that no nuisance exists, shall file with the enforcement officer a written statement which shall specify the basis for so protesting.
The statement shall be referred to the city council as part of the council’s next regular agenda. At the time set for the consideration of the abatement, the owner or other person may appear and be heard by the council, and the council shall thereupon determine whether or not a nuisance in fact exists, and the determination shall be entered in the official minutes of the council. Council determination shall be required only in those instances where a written statement has been filed as provided.
If the council determines that a nuisance does in fact exist, the person responsible shall within the time specified after the council determination abate the nuisance.
If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance, and for the costs incurred by the city in abating the nuisance.
If, within the time allowed, the nuisance has not been abated by the person or persons responsible, the council may cause the nuisance to be abated. (Ord. 1374(a) § 7, 2006)
6.04.080 Abatement by the city.
In all cases where the enforcement officer or city council has determined to proceed with abatement, the city shall acquire jurisdiction to abate the condition at the person’s expense as herein provided. Upon the abatement of the condition or any portion thereof by the city, all the expenses thereof shall constitute a civil debt owing to the city jointly and severally by such persons who have been given notice as herein provided. The debt shall be collectible in the same manner as any other civil debt owing to the city. (Ord. 1374(a) § 8, 2006)
6.04.090 Abatement by owner or other responsible person.
If and when an owner or other responsible person shall undertake to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent of the abatement may be imposed by the enforcement officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to the abatement. (Ord. 1374(a) § 9, 2006)
6.04.100 Immediate danger – Summary abatement.
Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, the enforcement officer shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a civil debt against the owner or other responsible party and be collected as provided in WMC 6.04.080. (Ord. 1374(a) § 10, 2006)
6.04.110 Civil penalty.
The monetary penalty for each day or part thereof the public nuisance is permitted to continue after the date set for abatement by the enforcement officer shall be as follows:
(1) First day through seventh day: $100.00 per day.
(2) Eighth day through fourteenth day: $200.00 per day.
(3) Fifteenth day through twenty-second day: $300.00 per day.
(4) Twenty-third day through thirtieth day: $400.00 per day.
(5) Each additional day beyond 30 days: $500.00 per day.
Payment of the monetary penalty pursuant to this chapter does not relieve the person to whom the notice of abatement was issued of the duty to correct the public nuisance. The monetary penalty constitutes a personal obligation of the person to whom the notice of abatement is issued. Any monetary penalty assessed must be paid to the city within 30 calendar days from the date set by the enforcement officer for abatement of the nuisance. The city attorney or his/her designee is authorized to take appropriate action to collect the monetary penalty, plus reasonable attorney’s fees and costs of suit incurred in collecting the monetary penalty. (Ord. 1374(a) § 11, 2006)
6.04.120 Violations.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000 or by imprisonment in jail not to exceed 90 days or by both such fine and imprisonment. (Ord. 1374(a) § 12, 2006)
6.04.130 Remedies not inclusive.
The remedies prescribed in this chapter are in addition to all other remedies provided or authorized by law. (Ord. 1374(a) § 13, 2006)