Chapter 8.16
NUISANCE ABATEMENT1
Sections:
8.16.040 Violation of abatement order – Penalty.
8.16.010 Order to abate.
Whenever any judgement, fine or penalty is rendered against any person or persons for creating, keeping, maintaining, suffering or permitting any nuisance, it shall be the duty of the court before whom such conviction is had to order the defendant or defendants in such action to forthwith abate and remove such nuisance, and if such order is not obeyed within 24 hours the same shall be abated and removed by authority of the chief of police. Such order shall be entered upon the docket of the court and be a part of the judgment. [Ord. 15 § 1, 1906.]
8.16.020 Abatement by city.
In any case where a nuisance is to be abated by or under the authority of the chief of police, it shall be the duty of such officer to proceed with due care, and without unnecessary damage or destruction to property, and he shall in all cases be authorized to employ and use all necessary assistance and means to effect the entire abatement of the nuisance. [Ord. 15 § 3, 1906.]
8.16.030 Liability for costs.
Every person guilty of a nuisance shall be liable for all costs and expenses of abating the same; and when such nuisance has been abated by any city officer, such costs and expenses shall be taxed as a part of the cost of any prosecution for failure to abate, and shall be taxed and recovered as the costs in the action, and in all such cases the city shall be liable in the first instance to pay the same, and in all cases where the chief of police or other city officer abates any such nuisance, he shall keep an account of all expenses attending such abatement and, in addition to the other powers given in this chapter, may cause action to be brought in behalf of the city for the same in any court of competent jurisdiction against the person guilty of such nuisance, and upon the collection thereof the same shall be paid into the city treasury. [Ord. 15 § 4, 1906.]
8.16.040 Violation of abatement order – Penalty.
Any person having been found guilty of creating, keeping or permitting a nuisance who neglects or fails to abate and remove the same within 24 hours after his conviction therefor, and the entry of the order provided for in LMC 8.16.010 shall, upon conviction, be punished by a fine not exceeding $50.00, and each 24 hours thereafter shall be deemed a separate offense, and shall be punished in like manner and amount. [Ord. 15 § 2, 1906.]
For statutory provisions authorizing third class cities to define nuisances and pass ordinances for the abatement and prevention thereof, see RCW 35.23.331; for statutory provisions regarding nuisances, see generally Chapters 7.48 and 9.66 RCW.
Editor’s note: The term “marshal” has been editorially amended to “chief of police” per city’s request.