Chapter 8.20
PUBLIC NUISANCES
Sections:
8.20.010 Purpose and intent.
8.20.020 Public nuisances.
8.20.030 Definitions.
8.20.040 Emergency actions.
8.20.050 Notice of violation and abatement.
8.20.060 Civil penalty.
8.20.070 Alternative enforcement – Voluntary correction agreement.
8.20.080 Hearing by the hearing officer.
8.20.090 Abatement process.
8.20.100 Recovery of costs and expenses.
8.20.010 Purpose and intent.
The purpose of this chapter is to provide for the protection of the public health, safety, and welfare of the citizens of the city of Bonney Lake by proscribing nuisances that negatively impact the entire community. It is necessary to enact measures to correct the presence of litter, overgrown and/or uncultivated vegetation, and other forms of waste or various hazards. It is the intent of the city council to establish efficient administrative procedures to enforce the regulations of the city, to provide a prompt process to address alleged violations, and to establish standards to be used by the city to abate public nuisances. (Ord. 1380 § 6, 2011).
8.20.020 Public nuisances.
A public nuisance is a thing, act, omission to act, occupation, or use of property which shall unreasonably annoy, injure or endanger the safety, health, comfort or repose of the public; or shall unlawfully interfere with, obstruct or render dangerous for public use a public park, square, street, alley or highway; or shall render the public insecure in life or in use of property. Public nuisances include, but are not limited to, the following:
A. Diseased animals running at large;
B. Ponds or pools of stagnant water;
C. Carcasses of animals not buried or destroyed within 24 hours after death;
D. Accumulations of manure or rubbish;
E. Privy vaults or outhouses;
F. Garbage cans which are not fly-tight;
G. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dairy or industrial wastes, or other substances;
H. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;
I. The use of a common public drinking cup or roller towel;
J. All nuisance vegetation, including noxious weeds; dead, diseased, infested or dying trees; any tree, shrub or foliage which is apt to damage or impair streets, sidewalks, sewers, utilities or other public improvements or impede visibility on public rights-of-way; vines or climbing plants growing into or over any appliance or facility provided for fire protection purposes; and caterpillar infestations;
K. The existence of any trash, dirt, filth, spilled garbage, waste, accumulation of lawn or yard trimmings or other offensive matter, except in a compost process;
L. The existence of any accumulation of materials or objects in a location when the same endangers property or safety or constitutes a fire hazard;
M. The accumulation of filth, including stagnant or impure water, vegetables, decayed or decaying substances, or other matter or material, which may cause, or tend to cause, or create a noisome or offensive smell or atmosphere;
N. Any litter, unless it is kept in approved covered bins or galvanized receptacles;
O. All snow and ice not removed from public sidewalks within a reasonable time after the snow and ice have ceased to be deposited thereon;
P. All buildings, walls and other structures which have been damaged by fire, decay or otherwise so as to endanger the safety of the public;
Q. Any use of property abutting on a public street or sidewalk, or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks, unless a special event permit has been obtained;
R. All hanging signs, awnings and other similar structures over the streets or sidewalks, or so situated as to endanger public safety;
S. All wells, cisterns or septic tanks without adequate cover while in regular use and all wells and cisterns not filled in with earth when abandoned;
T. All places, other than those zoned and licensed as wrecking yards or repair shops, used or maintained for the storage of unlicensed vehicles or for wrecking or disassembling of vehicles or machinery of any kind; or storage of any parts thereof except within an enclosed garage or building. For the purposes of this chapter, all vehicles not bearing a current vehicle license within 90 days of the beginning of any license year shall be deemed unlicensed, and the restrictions in this chapter shall not apply to any resident repairing a licensed vehicle registered in his name; provided, that all such work shall be accomplished on his property and shall be completed within 30 days, and during such time all body and mechanical parts and tools shall be stored in a neat and orderly manner not in public view;
U. Ground vibrations recurrently generated to be perceptible without instruments at any point of the lot line on which the use is located;
V. Emission of an obnoxious or dangerous degree of heat, glare, radiation or smoke;
W. Highly flammable or explosive liquids, solids or gases unless stored in bulk aboveground. Tanks or drums of fuel directly connected with heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision;
X. Outdoor storage of fuel containers and construction materials unless screened from view of the adjacent property by a fence, greenbelt or wall. Construction materials stored outside for up to 60 days as part of an active construction project are excluded from this provision;
Y. All materials or waste which might cause fumes or dust which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects unless stored outdoors in closed containers;
Z. Swimming pools that are not protected from entry by unauthorized persons in accordance with the International Residential Code, adopted by reference in Chapter 15.04 BLMC. (Ord. 1380 § 6, 2011).
8.20.030 Definitions.
Unless otherwise specified, for purposes of this chapter, certain terms, phrases, words, and their derivatives shall be defined as follows:
A. “Abate” means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the public official determines is necessary in the interest of the public health, safety, and welfare of the community.
B. “Control” means the ability to regulate, restrain, dominate, counteract, or govern property or conduct that occurs on a property.
C. “Hearing officer” shall mean the city mayor or his or her designated representative.
D. “Litter” shall include, but is not limited to, debris in the form of cans, bottles, glass, ashes, plastic materials, packaging, garbage, wastepaper, printed materials, packing material, scrap iron, wire, metal articles, discarded furniture and appliances, junk, broken stone or cement, scrap wood, pallets, tires, discarded building materials, inoperable bicycles, or bicycle parts, rags, boxes, crates, packing cases, mattresses, bedding, tree and vegetation trimmings, and all other trash, including abandoned inflammable materials, that is a fire hazard or a menace to the public health, safety, or welfare.
E. “Owner” means any person, including any natural person, joint venture, partnership, association, club, company, corporation, business trust, or organization, or the manager, lessee, agent, officer, or employee of any of them, having any interest in the real estate in question as indicated in the records of the office of the Pierce County assessor or through another reliable source. Joint owners of all residential dwellings, commercial establishments, and/or real estate upon which a violation of this chapter is found shall be jointly and severally responsible for compliance with this chapter and jointly and severally liable for any damages or costs incurred and awarded under this chapter.
F. “Premises” and “property” may be used by this chapter interchangeably and mean any building, lot, tax parcel, dwelling, rental unit, real estate, or land, or portion thereof, including, but not limited to, property used as residential or commercial property, and may include the adjacent “public right-of-way” as defined herein.
G. “Public official” means an official designated by the mayor to carry out duties assigned by this chapter or any law enforcement officer.
H. “Public right-of-way” includes the area of land, the right of possession of which is secured by the city for right-of-way purposes, and includes the traveled portion of the public streets and alleys, as well as the border area, which includes, but is not limited to, any sidewalks, driveway approaches, planting strips, traffic circles, parkways, or medians, or that area between the sidewalk and the curb line.
I. “Screening,” for the purposes of this chapter, shall include, but not be limited to, solid wood fencing, chain link fencing with slats, and/or solid landscaping capable of concealing storage from sight by standing individuals at or near the property lines; however, such screening must be at least six feet in height. Tarps and plastic sheeting are not permissible means of screening.
J. “Vegetation” shall include, but not be limited to, all grass, weeds, blackberry vines, brush, shrubs, bushes, or trees, either growing or which have died, or any plant that is determined to be noxious in accordance with RCW Title 17, including aquatic plants. (Ord. 1380 § 6, 2011).
8.20.040 Emergency actions.
If the public official determines that a nuisance exists which is a severe and imminent threat to public health, safety, or welfare, and constitutes an emergency requiring immediate abatement, the city may perform any emergency action necessary to abate the nuisance with or without prior notice to the owner or consent to enter the property. (Ord. 1380 § 6, 2011).
8.20.050 Notice of violation and abatement.
A. The public official, if he or she has a reasonable belief that a public nuisance exists in violation of this chapter, shall issue a notice of violation and abatement to the owner of the property. Said notice of violation and abatement shall contain the following:
1. The street address or a description of the building, structure, premises, or land, in terms reasonably sufficient to identify its location;
2. A description of the violation and a reference to the provisions of the Bonney Lake Municipal Code which have been violated;
3. A description of the action required to abate the public nuisance, which may include corrections, repairs, demolition, removal, or any other appropriate action;
4. The period of time by which the owner must take action to abate the nuisance;
5. A statement that the owner may request a hearing by the hearing officer. Such request must be in writing and must be received by the city clerk no later than 10 calendar days after the notice of violation and abatement has been issued;
6. A statement that if the owner fails to submit a timely request for hearing, and fails to abate the nuisance within the period of time designated in the notice of violation, the city may abate the nuisance and may assess all costs of abatement against the owner of the property;
7. A statement that the costs and expenses of abatement incurred by the city may be assessed against the owner named in the notice of violation and abatement and further that failure to pay said costs may result in a lien against the property.
B. The notice of violation and abatement shall be served by any one or any combination of the following methods:
1. By first class certified or registered mail to the address of the owner as indicated by the records of the Pierce County assessor; or
2. By posting the notice of violation and abatement in a prominent location on the premises in a conspicuous manner which is reasonably likely to be discovered; or
3. By personal service upon the owner of the property as indicated by the records of the Pierce County assessor. (Ord. 1380 § 6, 2011).
8.20.060 Civil penalty.
At any time following issuance of the notice of violation and abatement, the public official may begin assessing civil penalties for each day the violation continues; provided, that prior to such civil penalty being assessed, the city shall provide the owner with written notice. The city may institute proceedings in a court of law to collect any unpaid civil penalties. Penalties shall be as follows:
A. For a first violation of any provision of this chapter by any individual or business, the penalty shall be $50.00.
B. For a second violation of any provision of this chapter by any individual or business, the penalty shall be $250.00.
C. For a third or subsequent violation of any provision of this chapter by any individual or business, and for any violation posing an imminent threat to human life, the penalty shall be $500.00.
D. Each day a violation of this chapter continues shall constitute a new violation for purposes of calculating penalties. (Ord. 1380 § 6, 2011).
8.20.070 Alternative enforcement – Voluntary correction agreement.
A. At the discretion of the public official or designee, a voluntary correction agreement may be entered into between the person responsible for the violation and the city prior to, or in lieu of, issuance of the notice of violation. In determining whether a voluntary correction agreement is appropriate, the public official shall consider the nature and extent of the violation, the likelihood for compliance, and other mitigating factors that warrant such an agreement.
B. Content. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
1. The name and address of the person responsible for the violation; and
2. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
3. A description of the violation and a reference to the provision(s) of the city ordinance or regulation that has been violated; and
4. The necessary corrective action to be taken, and a date or time by which correction must be completed; and
5. An agreement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses and a monetary penalty pursuant to this chapter from the person responsible for the violation if terms of the voluntary correction agreement are not met; and
6. An agreement that by entering into the voluntary correction agreement the person responsible for the violation stipulates to the existence of a violation, waives the right to a hearing on the violation and/or the required corrective action, and consents to the city entering the property to abate the violation if the terms of the voluntary correction agreement are not met within the time specified.
C. Extension – Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the public official if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable.
D. Collection of Costs. If the terms of the voluntary correction agreement are not met, the person responsible for the violation shall be assessed all costs and expenses of abatement, as set forth in BLMC 8.20.100. (Ord. 1380 § 6, 2011).
8.20.080 Hearing by the hearing officer.
A. A person to whom a notice of violation and abatement or civil penalty has been issued may request a hearing by filing the request with the city clerk no later than 10 calendar days after said notice of violation and abatement or civil penalty is issued. Each request for hearing shall contain the address and telephone number of the person requesting the hearing and the name and/or the name and address of any person who will be present to represent him or her. Each request for hearing shall set out the basis for the appeal.
B. If a hearing is requested, the hearing officer will conduct the hearing required by this chapter no more than 18 calendar days after the public official issues the notice of hearing, unless the hearing officer or public official finds good cause to continue the matter to another date.
C. If a request for a hearing is received, the public official shall mail a notice giving the time, location, and date of the hearing by first class mail to the person requesting the hearing.
D. The public official, as well as the person to whom the notice of violation and abatement or civil penalty was directed, may participate as parties in the hearing and each party may call witnesses. The city shall have the burden of proof to establish, by a preponderance of the evidence, that a public nuisance exists on the property and that the required corrective action is reasonable, or that the civil penalty was assessed for noncompliance with this chapter.
E. The hearing officer shall determine whether the city has established, by a preponderance of the evidence, that a public nuisance exists on the property and that the required corrective action is reasonable, or that the civil penalty was reasonable, and shall affirm, modify, or vacate the public official’s decisions regarding the alleged nuisance, the required corrective action, and/or civil penalty with or without written conditions.
F. The hearing officer shall issue a final order containing the following information:
1. The decision regarding the alleged nuisance including findings of fact and conclusions based thereon;
2. The required corrective action, if any;
3. The date by which any corrective action must be completed;
4. The date after which the city may proceed with abatement, in accordance with BLMC 8.20.090 and 8.20.100, if the required corrective action is not completed;
5. A statement that the civil penalty is affirmed, modified, or waived;
6. A statement of any appeal remedies;
7. A notice that if the city proceeds with abatement, a lien for the costs of said abatement may be assessed against the property if the costs of abatement are not paid in accordance with the provisions of this chapter.
G. If the person to whom the notice of violation and abatement or civil penalty was directed fails to appear at the scheduled hearing, the hearing officer may enter an order finding that the violation has occurred, or the civil penalty was reasonable, and that abatement may proceed.
H. A final order of the hearing officer may be appealed to a court of competent jurisdiction in accordance with Chapter 36.70C RCW. (Ord. 1380 § 6, 2011).
8.20.090 Abatement process.
Using any lawful means, the city may enter unsecured property and may remove or correct the condition which is subject to abatement. If the owner of the premises does not consent to entry, the city may seek such judicial process in the Pierce County superior court, as it deems necessary, to effect the removal or correction of such condition. (Ord. 1380 § 6, 2011).
8.20.100 Recovery of costs and expenses.
A. The costs, including incidental expenses, for correcting the violation may be billed to the owner to which a notice of violation and abatement has been directed, and shall become due and payable to the city of Bonney Lake no later than 30 calendar days from the date of the invoice. The term “incidental expense” includes, but is not limited to, personnel costs, both direct and indirect, including attorney’s fees; costs incurred in documenting the violation; hauling, storage, and disposal expenses; filing fees; and actual expenses and costs of the city in preparing notices, specifications, and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required printing or mailing; and any and all costs of collection.
B. If the person responsible for the costs of abatement fails to remit in a timely manner, the city may file a lien against the real property for the cost of any abatement proceedings under this chapter. Such lien may at any time thereafter be collected in the manner provided for foreclosure of mechanic’s liens under the laws of the state of Washington. (Ord. 1380 § 6, 2011).