Chapter 8.08
NUISANCES
Sections:
8.08.010 Intent of chapter.
8.08.020 Definitions.
8.08.030 Unlawful to store junk and junk cars.
8.08.040 Illegal dumping.
8.08.050 Nuisances designated.
8.08.060 Alternative or additional remedies.
8.08.070 Enforcement.
8.08.080 Voluntary compliance agreement.
8.08.090 Voluntary correction agreements.
8.08.100 Inspections.
8.08.110 Variance on noise restriction.
8.08.120 Closing unoccupied building required.
8.08.130 Liability for abatement.
8.08.140 Junk vehicle storage – Exceptions.
8.08.150 Junk vehicle abatement action.
8.08.160 Junk vehicle disposal.
8.08.170 Junk vehicle hearing.
8.08.180 Fire hazard removal.
8.08.190 Street gangs.
8.08.200 Adoption by reference includes subsequent amendments.
8.08.010 Intent of chapter.
The intent of the City Council in enacting this chapter is to provide a fair and efficient method to cause owner(s) and occupant(s) of property or their agent to remove junk, junk cars and nuisances from property within the City. The method selected by the City Council in this chapter is first the civil violation and abatement method followed by criminal charges.
Criminal penalties shall be sought in cases of repeated violations or when the City finds civil penalties will not be effective. (Ord. C-507, 2002)
8.08.020 Definitions.
For the purpose of this chapter, certain words used herein are defined as follows:
A. “City official” means Police Officer, Code Enforcement Officer or authorized representative.
B. “Hearing officer” means a person appointed to conduct hearings.
C. “Junk vehicle” means a motor vehicle meeting at least three of the following requirements:
1. Is at least three years or older.
2. Is extensively damaged, such damage including but not limited to any of the following:
a. Broken window or windshield;
b. Missing wheels, tires, motor or transmission;
c. Is apparently inoperable;
d. Has an approximate fair market value equal to the approximate value of scrap in it.
D. “Nuisances” consist in 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 comfort, repose, health or safety of others; or
2. Offends decency; or
3. Is offensive to the senses; or
4. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage any stream, public park, parkway, square, street or highway in the City; or
5. In any way renders other persons insecure in life and use of property; or
6. Obstructs the free use of property so as to essentially interfere with comfortable enjoyment of life and property; or
7. Which degrades the City’s scenic attractiveness and livability and its economic development.
E. “Abate” means to remove, destroy or to otherwise remedy an unlawful condition, by such means and in such manner as is necessary in the interests of the general health, safety and welfare of the community.
F. “Civil violation” means a violation of a provision of this chapter for which a monetary penalty may be imposed under this chapter. Each day in which a violation occurs or continues to exist is a separate violation.
G. “Junk” means all articles such as old appliances and furniture, parts thereof, boxes, cardboard, paper, glass, old wood, tires, mattresses or other bedding, growing or severed hay, grass, straw or weeds, litter or combustible or flammable waste or rubbish, building materials and similar articles and materials, crates, packing cases, scrap iron, wire, tin, ashes, bric-a-brac, broken glass, broken plaster and all such trash or abandoned materials or anything whatsoever in which flies or rats may breed (unless they are kept in receptacles as required by ordinance). This also includes all trash and debris other than that which has been collected to await arrival of the City’s garbage collector. As used in this chapter, “junk” refers only to materials left outside of any building and does not apply to materials stored inside a lawfully constructed building so long as such building is wholly enclosed except for doors for ingress and egress.
H. “Director” means the Chief of Police and his/her authorized agents.
I. “Criminal street gang” means any ongoing organization, association, or group of three or more persons, whether formal or informal, having a common name or common identifying sign or symbol, having as one of its primary activities the commission of criminal acts, and whose members or associates individually or collectively engage in or have engaged in a pattern of criminal street gang activity. This definition does not apply to employees engaged in concerted activities for their mutual aid and protection, or to the activities of labor and bona fide nonprofit organizations or their members or agents.
J. “Criminal street gang associate or member” means any person who actively participates in any criminal street gang and who intentionally promotes, furthers, or assists in any criminal act by the criminal street gang.
K. “Criminal street gang – related offense” means any felony or misdemeanor offense, whether in this state or elsewhere, that is committed for the benefit of, at the direction of, or in association with any criminal street gang, or is committed with the intent to promote, further, or assist in any criminal conduct by the gang, or is committed for one or more of the following reasons:
1. To gain admission, prestige, or promotion within the gang;
2. To increase or maintain the gang’s size, membership, prestige, dominance, or control in any geographical area;
3. To exact revenge or retribution for the gang or any member of the gang;
4. To obstruct justice, or intimidate or eliminate any witness against the gang or any member of the gang;
5. To directly or indirectly cause any benefit, aggrandizement, gain, profit, or other advantage for the gang, its reputation, influence, or membership; or
6. To provide the gang with any advantage in, or any control or dominance over any criminal market sector, including, but not limited to, manufacturing, delivering, or selling any controlled substance (Chapter 69.50 RCW); arson (Chapter 9A.48 RCW); trafficking in stolen property (Chapter 9A.82 RCW); promoting prostitution (Chapter 9A.88 RCW); human trafficking (RCW 9A.40.100); or promoting pornography (Chapter 9.68 RCW).
L. “Pattern of criminal street gang activity” means:
1. The commission, attempt, conspiracy, or solicitation of, or any prior juvenile adjudication of or adult conviction of, two or more of the following criminal street gang-related offenses:
a. Any “serious violent” felony offense as defined in RCW 9.94A.030, excluding homicide by abuse (RCW 9A.32.055) and assault of a child 1 (RCW 9A.36.120);
b. Any “violent” offense as defined by RCW 9.94A.030, excluding assault of a child 2 (RCW 9A.36.130);
c. Delivery of or possession with intent to deliver a controlled substance (Chapter 69.50 RCW);
d. Any violation of the Firearms and Dangerous Weapons Act (Chapter 9.41 RCW);
e. Theft of a firearm (RCW 9A.56.300);
f. Possession of a stolen firearm (RCW 9A.56.310);
g. Malicious harassment (RCW 9A.36.080);
h. Harassment where a subsequent violation or deadly threat is made (RCW 9A.46.020(2)(b));
i. Criminal gang intimidation (RCW 9A.46.120);
j. Any felony conviction by a person 18 years of age or older with a special finding of involving a juvenile in a felony offense under RCW 9.94A.833;
k. Residential burglary (RCW 9A.52.025);
l. Burglary 2 (RCW 9A.52.030);
m. Malicious mischief 1 (RCW 9A.48.070);
n. Malicious mischief 2 (RCW 9A.48.080);
o. Theft of a motor vehicle (RCW 9A.56.065);
p. Possession of a stolen motor vehicle (RCW 9A.56.068);
q. Taking a motor vehicle without permission 1 (RCW 9A.56.070);
r. Taking a motor vehicle without permission 2 (RCW 9A.56.075);
s. Extortion 1 (RCW 9A.56.120);
t. Extortion 2 (RCW 9A.56.130);
u. Intimidating a witness (RCW 9A.72.110);
v. Tampering with a witness (RCW 9A.72.120);
w. Reckless endangerment (RCW 9A.36.050);
x. Coercion (RCW 9A.36.070);
y. Harassment (RCW 9A.46.020); or
z. Malicious mischief 3 (RCW 9A.48.090);
2. That at least one of the offenses listed in subsection (L)(1) of this section shall have occurred after July 1, 2008;
3. That the most recent committed offense listed in subsection (L)(1) of this section occurred within three years of a prior offense listed in subsection (L)(1) of this section; and
4. Of the offenses that were committed in subsection (L)(1) of this section, the offenses occurred on separate occasions or were committed by two or more persons. (Ord. C-688 § 1, 2008; Ord. C-634 § 1, 2006; Ord. C-606 § 1, 2005; Ord. C-507, 2002)
8.08.030 Unlawful to store junk and junk cars.
It is unlawful and a violation of this chapter for the owner of any premises in the City or the owner’s agent or occupant of any premises to store, keep or accumulate junk or junk cars on such property, or allow anyone else to store, keep or accumulate junk or junk cars on such property. (Ord. C-507, 2002)
8.08.040 Illegal dumping.
It is unlawful and a violation of this chapter for any person, company or organization to dump any material within the City limits, except at licensed solid waste disposal facilities. The only exception is dirt or fill and then can only be dumped at a location specified on either a public works permit, or written permission from the Director. (Ord. C-507, 2002)
8.08.050 Nuisances designated.
The following specific acts, omissions, places and conditions and things, including but not limited to these are declared to be nuisances:
A. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or upon any street, avenue, alley, parkway, or other public or private place in the City, of any one or more of the following disordered or disturbing places, conditions or things, such as:
1. Any putrid, unsound or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish or fowl;
2. Privies, vaults, cesspools, sumps, pits, or like places which are not securely protected from flies, or rats, etc., which are foul or malodorous;
3. Filthy, littered or trash-covered cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or premises;
4. Animal manure in any quantity which is not securely protected from flies and the elements or which is kept or handled in violation of any ordinance of the City;
5. Poison oak or poison ivy (whether growing or otherwise), liquid household waste, human excrement, garbage, butchers’ trimmings and offal, parts of fish, or any waste vegetable or animal matter in any quantity; provided, nothing herein contained shall prevent the temporary retention of waste in receptacles in the manner provided by the Health Officer, nor the dumping of nonputrefying waste in a place and manner approved by the Health Officer;
6. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire and metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash and abandoned materials unless they are kept in receptacles as required by ordinance;
7. Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing straw, hay or other packing material, lumber, scrap iron, tin, and other metal or anything whatsoever in which flies, rats or other rodents may breed or multiply or which may be a fire danger, or which constitutes a hazardous attraction to children;
8. Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure, or any building or structure commenced and left unfinished;
9. All places used or maintained as junkyards, or dumping grounds, or for the wrecking or dismantling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of any worn out, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind, or of any of the parts or tires thereof, or for the leaving or storing of any machinery or equipment used by contractors or builders or by other persons, so as to essentially interfere with the comfortable enjoyment of life or property by others and which are not outlawed by zoning ordinances of the City;
10. Any underground or abandoned pit, excavation well, or other uncovered hole into which a person could fall;
11. Any noise caused by the operation of a machine or harboring an animal, or otherwise, between the hours of 10:00 p.m. and 6:00 a.m. which unreasonably causes annoyance or disturbs, or may annoy or disturb, other persons;
12. Any refrigerator, freezer, or other insulated container within which a child could suffocate;
13. Any sign, poster or other advertising matter of any nature placed upon any telegraph, telephone pole or other poles, trees, sidewalks, streets, signs, or other traffic control devices or other structures or places within the streets, alleys or other public places or rights-of-way;
14. Any building, house, room or other structure or vehicle maintained or used for the purpose of lewdness, assignation, or prostitution;
15. All houses, rooms, booths or other structures used as a place of resort where disorderly persons are allowed to congregate, or in which drunkenness is carried on or permitted;
16. Toxic, radioactive, caustic, flammable, explosive or other dangerous or hazardous substances, except as housed where applicable and stored in accordance with health, environmental, refuse and zoning laws;
17. Throwing, emptying or depositing or allowing to be thrown, emptied, or deposited into any privately or publicly owned refuse can, dumpster, or other receptacle any hazardous or dangerous substances except those designated with the owner’s written permission;
18. Maintaining or allowing to grow trees, plants, shrubs, or vegetation, or parts thereof, which overhang any sidewalk or street or which are growing thereon in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public, or block or impair the reasonable public view of traffic, street, or informational signs;
19. The growing, permitting, or allowing the growth of any grass, weeds, or uncultivated bushes and/or vines to exceed eight inches in height, or any rank vegetable growth which exudes unpleasant or noxious odors, in areas of the City other than those which have been or shall be designated as agricultural areas pursuant to the zoning ordinance of the City. When total removal of growth from a piece of property is impractical due to size, or to environmental factors, approved fuel breaks may be established between the land and the endangered property. The width of the fuel break shall be determined by the height, type, and the amount of growth, wind conditions, geographical conditions, and type of exposures threatened;
20. Maintaining or keeping a junk vehicle or parts thereof in the City, except in an authorized wrecking yard in the I-2 zone as established by the Airway Heights zoning code;
21. Every person owning, occupying or controlling any premises fronting on any street, alley or public place in the City limits of Airway Heights and allowing or permitting the growth of any grass, weeds or uncultivated bushes and/or vines to exceed eight inches in height, or any rank vegetable growth which exudes unpleasant or noxious odors between the property line of such property and the street. (Ord. C-634 § 2, 2006; Ord. C-507, 2002)
8.08.060 Alternative or additional remedies.
Violations of this chapter are considered a public nuisance. The provisions of this chapter may be used as an addition to or alternative to criminal penalties. This chapter shall be the means of enforcing the prohibition on storage, keeping or accumulation of junk, junk vehicles or the maintaining of a nuisance; provided, that if the City Attorney finds that civil procedures would not be timely or effective, or in the case of a second or subsequent violation, the City Attorney may charge violation of this chapter as a misdemeanor per AHMC 1.16.010. (Ord. C-507, 2002)
8.08.070 Enforcement.
A. Severity. The severity of enforcement of this chapter shall generally correspond to the degree of risk of harm to the public health, safety and welfare. In the absence of an immediate hazard that is threatening to health or public safety, the City shall for first offenses follow the civil penalty procedure.
B. Enforcement Options. When a violation of this chapter occurs, the Director may utilize one or a combination of the following enforcement mechanisms:
1. Criminal Penalties. A violation of any of the provisions of this chapter shall constitute a gross misdemeanor. It shall be a separate offense for each and every day or portion thereof during which any violation of any provision of this chapter is committed. Any person who violates any provision of this chapter shall be subject, upon
conviction in court, to a fine not to exceed $5,000 and/or imprisonment in jail for not to exceed 30 days. The criminal penalty shall be used when, in the opinion of the Director or the City Attorney, the civil penalty will not be effective or timely or when the violation is a second or subsequent violation.
2. Civil Penalties. The City Council intends that the civil penalties provided in this chapter shall generally be applied to first violations or other violations when deemed effective. At the time a violation of this chapter has been determined, civil enforcement action may be commenced in accordance with the provisions of this section, and may include one or more of the following:
a. The Director or a member of the Police Department may issue a citation imposing a penalty upon any person who violates this chapter.
b. The Director may, subject to the appeal procedures of this section, suspend or revoke a license, as appropriate, if she/he finds that:
i. The activity is not authorized by a license; or
ii. The licensee is not complying with the terms of the license; and/or
iii. The activity is, in the judgment of the Director or his or her designate, adversely affecting or is a hazard to the public health, safety or welfare.
c. Any person who violates any provision of this chapter or fails to comply with an order to comply issued under this chapter shall be subject to a civil penalty. Each day the violation exists shall constitute a new violation. For each violation, the penalty shall be $250.00. The penalty shall be $500.00 for the second separate violation and $1,000 for the third and subsequent separate violations of the same chapter provision or regulation within any five-year period. Total civil penalty shall not exceed $5,000.
d. Civil penalties assessed may be enforced and collected in accordance with lien, personal obligation, and other procedures authorized by law.
e. The civil citation shall contain the following information:
i. File number;
ii. Name of the person cited;
iii. Name of the property owner;
iv. Section of the ordinance or regulation violated;
v. A brief description of the violation of which the person is charged in such a manner as can be readily understood by a person making a reasonable effort to do so;
vi. The date and place at which the violation occurred and the date on which the citation was issued;
vii. A statement of the action, if any, required to be taken to correct the violation as determined by the Director and the timeframe in which to do so;
viii. A statement that a minimum cumulative civil penalty in the amount of $250.00 per day for each violation shall be assessed against the person to whom the notice is directed;
ix. A statement that the determination of violation may be appealed as prescribed by subsection (D) of this section and that the per diem civil penalty shall not accrue when the administrative appeal is pending;
x. A certification, made by a duly authorized enforcement official, to the effect that he/she certifies that he/she has reasonable grounds to believe, and does believe, that the person cited committed the violation.
C. Service of Citation. The citation shall be served upon the person or persons to whom it is directed, either personally, or in a manner provided for personal service of notices of complaint in district court, or by mailing a copy of the citation by certified mail, postage prepaid, return receipt requested, to such person at their last known address. Proof of personal service shall be made at the time of service by written declaration by the person effecting service, declaring time, date and manner by which service was made. Service by mail shall be deemed complete three days after mailing of the citation.
D. Appeal.
1. Hearing Officer – Appointment. The City Manager shall appoint one or more Hearing Officers to hear appeals relating to the interpretation and/or enforcement of this chapter. The Hearing Officer may not be a City employee and shall not be an employee of the City Attorney’s office. Contracts may be entered into by the person to act as Hearing Officer, to be compensated as shall be provided therein and paid out of money made available and budgeted therefor.
2. Hearing Officer – Powers and Duties. A Hearing Officer shall hear all appeals taken from the administration of this chapter. The Hearing Officer shall hear evidence presented by the City Attorney and/or the Director. The Hearing Officer shall likewise hear evidence presented by the person appealing the decision or interpretation. The Hearing Officer shall give substantial weight to the Director’s decision/interpretation and shall substitute his/her judgment only upon a showing by the appellant that the Director’s decision/interpretation is arbitrary and capricious or clearly erroneous. Formal rules of evidence need not be followed but witnesses shall be sworn by the Hearing Officer and a written order issued.
3. Costs of Appeal. In cases where the City’s decision is upheld by the Hearing Officer, said Hearing Officer shall award the City its reasonable costs of enforcement including those associated with the appeal.
4. Appeal Procedure.
a. All appeals shall be filed in writing with the Director or other such agency as the City may designate. All appeals must be filed within 14 calendar days of the date of the issuance of the citation, decision or interpretation.
b. All appeals to the Hearing Officer shall contain the following:
i. The names of appellants participating in the appeal;
ii. A brief statement setting forth the action appealed and a separate and concise statement of the error alleged to have been committed by the Director, and a concise statement of facts upon which the appellant relies to sustain the statement of error;
iii. The signature of the appellant(s), telephone numbers and mailing addresses;
iv. Verification, by declaration under penalty of perjury, of at least one appellant of the truth of the matter stated in the appeal. Upon receiving the appeal, the Clerk-Treasurer or their designee shall transmit the same to the designated Hearing Officer as provided herein.
c. Failure of any person to file a timely appeal or failure of any person who has filed an appeal to attend the scheduled hearing shall constitute a waiver of his or her right to an appeal hearing.
d. A copy of the final order of the Hearing Officer shall be mailed to the appellant(s) within three working days following the entry of a written order under this section. Unless otherwise stated in the order, such order shall be final and conclusive 14 calendar days from the date of mailing thereof unless any party of record makes application to the Spokane County Superior Court for judicial review and stay of enforcement.
E. Abatement of Immediate Hazard. Whenever a condition, the continued existence of which constitutes an immediate threat to the public health, safety, or welfare or the environment, is found to exist, the City may immediately abate the condition. In such circumstances, the City shall exercise best efforts to contact the property owner, occupant or other known responsible person for the purpose of advising of the condition to be summarily abated, seeking cooperation reasonable under the circumstances and/or making arrangements to immediately abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.
For purposes of this section, the term “immediate threat” includes, but is not limited to, the following: a condition or set of unforeseen circumstances that:
1. Present an immediate impairment, limitation or inability to provide and/or perform essential governmental functions; or
2. May result in material loss or damage to property, bodily injury to one or more individuals, loss of life or a potential for serious physical harm if immediate action is not taken.
F. Judicial Abatement. The City may seek a judicial abatement order from the Spokane County Superior Court as deemed necessary to abate a condition which continues to be a violation of this chapter where other methods of remedial action have failed to produce compliance.
G. Collection of Civil Penalties. The civil penalty imposed pursuant to this chapter constitutes a personal obligation of the person or persons to whom the citation is directed. The City Attorney on behalf of the City is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues.
H. Settlement of Suits for Collection of Civil Penalties. The Director and the City Attorney are authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, assign claims to collection agencies, and compromise or otherwise dispose of a lawsuit when to do so would be in the best interest of the City.
I. Liability. Nothing in this chapter shall be deemed to impose any liability upon the City or upon any of its officers or employees, or to relieve the owner or occupant of any private property from the duty to keep their property in a safe and healthy condition. (Ord. C-634 § 3, 2006; Ord. C-606 § 2, 2005; Ord. C-507, 2002)
8.08.080 Voluntary compliance agreement.
The Director and/or his/her authorized agents shall investigate and inspect for violations of this chapter, and when a violation is observed, he/she shall attempt to contact the owner of the property or the owner’s agent or resident of the property and make reasonable attempts to seek voluntary compliance with this chapter. (Ord. C-634 § 4, 2006; Ord. C-606 § 3, 2005; Ord. C-507, 2002)
8.08.090 Voluntary correction agreements.
A. Prior to filing any notice of violation, the Director may enter into a voluntary correction agreement with a person responsible for correcting the condition, which may be either the owner, agent or occupant.
B. Any such voluntary correction agreement shall be a contract between the City and the person responsible, and shall follow a form to be approved by the City Attorney. It shall be entirely voluntary and no one shall be required to enter into such agreement.
C. In such contract the person responsible shall:
1. Acknowledge that the violation(s) exist, as shall be briefly there described;
2. Acknowledge that it is his/her responsibility to abate the violation;
3. Agree to do so by a certain date or within a specified time;
4. Agree to do so according to any conditions agreed to;
5. The person responsible also shall agree that if he/she does not accomplish the terms of such agreement the City may proceed without further notice to enter the premises and abate the condition, and to recover expenses and monetary penalties as provided by AHMC 8.08.070 but shall provide that if the person does accomplish the terms of the agreement within the time-frame specified therein, the City shall also acknowledge and then shall take no further actions or attempt to recover public cost already incurred.
D. The Director may agree to extend the time limit for correction set forth in such agreement or may agree to modify the required corrective action. However, the Director shall not agree to extend or modify the agreement unless the person responsible has shown due diligence and/or substantial progress in correcting the violation but has shown unforeseen circumstances which require such extension or modification. (Ord. C-507, 2002)
8.08.100 Inspections.
The City employees may make inspections from the public rights-of-way, public streets or alleys, or they may enter upon private property with the consent of the property owner or occupant therefor to make inspections and also to abate conditions as provided in AHMC 8.08.080 and/or 8.08.090. If entry to the property is refused and the same is necessary to be had the City may use any lawful means necessary to obtain entry, and the inspector shall consult with the City Attorney as to any necessary procedures to follow. (Ord. C-507, 2002)
8.08.110 Variance on noise restriction.
Upon written application and payment of a processing fee established in the most current fee resolution, the City may grant a variance upon the noise limitation of AHMC 8.08.050. The City shall grant such variance only for activities the City shall deem to be in the public interest and not to exceed 120 days per request. If the applicant is desirous in appealing the City’s decision, they shall appear before the City Council and the City Council may grant, modify or deny request. (Ord. C-606 § 4, 2005; Ord. C-507, 2002)
8.08.120 Closing unoccupied building required.
It is unlawful for any agent or owner or person in control of any unoccupied building in the City to fail to keep the unoccupied building securely closed at all times against persons who may enter and commit a nuisance therein. (Ord. C-507, 2002)
8.08.130 Liability for abatement.
Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property caused by a former owner is liable therefor in the same manner as the owner who created it. (Ord. C-507, 2002)
8.08.140 Junk vehicle storage – Exceptions.
It is a public nuisance to store a junk vehicle or part thereof on private property unless:
A. The junk vehicle or parts thereof are completely enclosed within a building or behind a sight-obstructed fence where it is not visible from the street or other public or private property. Junk vehicles not stored in an enclosed building must be stored in the side or rear yards behind a sight-obstructing fence.
B. The junk vehicle or part is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer which property is fenced according to the zoning matrix for that land use, as applicable, of the Airway Heights Municipal Code.
C. Antique vehicles, race cars or street rods as defined in RCW 46.37.518 that are currently in the process of restoration or use. No more than two of these vehicles may be stored at any one time. (Ord. C-606 § 5, 2005; Ord. C-507, 2002)
8.08.150 Junk vehicle abatement action.
A. Upon determination that a vehicle is a junk vehicle on private property, the Director shall issue an abatement order to the property owner and to the last registered and legal owner of the vehicle, unless the vehicle is in such condition that identification numbers or license numbers of the vehicle are not available to determine ownership. The abatement order shall order the removal of the vehicle or parts thereof within 30 days of the issuance thereof. Such abatement order shall identify the property by street address and if possible by legal description, and shall describe the vehicle or parts which violate this chapter. The abatement order shall be mailed by regular mail and certified mail with return receipt requested to the property owner shown by the records of the county assessor and to the last registered owner of record of the vehicle, if determinable.
B. Upon failure of the property owner or last registered owner of record to remove said vehicle within the 30 days, the Director shall dispose of the vehicle or parts, after notice to the Washington State Patrol and Department of Licensing that the vehicle has been wrecked. The vehicle shall only be disposed as scrap. (Ord. C-634 § 5, 2006; Ord. C-606 § 6, 2005; Ord. C-507, 2002)
8.08.160 Junk vehicle disposal.
The City’s reasonable cost for the enforcement and the cost of disposal hereunder shall become a charge against the property owner and shall be recovered by the City. (Ord. C-507, 2002)
8.08.170 Junk vehicle hearing.
A. The property owner or registered owner of the vehicle shall be granted a hearing by the Hearing Examiner if so requested within 14 calendar days from the date of service of abatement order, filed with the Clerk-Treasurer on the question of abatement and removal of the vehicle or part thereof as a public nuisance. Upon receipt of written request for an appeal hearing, the Director shall notify the appellant, in writing, of the time, date and the place of the hearing. The notice shall be mailed by certified mail.
B. The owner of the property on which the vehicle is located may appear in person 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/her reasons for denial. If it is determined that the vehicle was placed on the land without the consent of the land owner and that he/she has not subsequently acquiesced to its presence, then the cost of administration or removal of the vehicle shall not be assessed against or otherwise collected from the property owner. (Ord. C-634 § 6, 2006; Ord. C-606 § 7, 2005; Ord. C-507, 2002)
8.08.180 Fire hazard removal.
Any person served with a notice to remove any fire hazard or hazards as provided in AHMC 2.12.040(A)(5) shall comply therewith and promptly notify the Fire Chief. (Ord. 81 § 3, 1963)
8.08.190 Street gangs.
Criminal street gangs and any pattern of criminal street gang activity are each declared to be a public nuisance in violation of this chapter and other applicable code provisions, including but not limited to the Uniform Code for the Abatement of Dangerous Buildings and Uniform Housing Code, subject to abatement through all available means. In addition thereto and without limitation, any pattern of criminal street gang activity upon, and the presence and use of property by, a criminal street gang, with the owner’s knowledge or consent, constitutes a public nuisance and grounds for revocation of any permit or license regulating or authorizing the use of such property. (Ord. C-688 § 2, 2008)
8.08.200 Adoption by reference includes subsequent amendments.
All Revised Code of Washington (RCW) sections referred to in this chapter shall include the current version and any subsequent amendments thereto. (Ord. C-688 § 3, 2008)