Chapter 8.32
NUISANCES
Sections:
8.32.010 Definitions.
8.32.020 Types of nuisances—Authority to abate.
8.32.030 Notice.
8.32.040 Manner of giving notice.
8.32.050 Hearing.
8.32.060 Abatement by city.
8.32.070 Abatement by owner or other responsible person.
8.32.080 Immediate danger—Summary abatement.
8.32.090 Procedure not exclusive.
8.32.100 Violation—Penalties.
8.32.110 Unlawful conduct.
8.32.120 Action before superior court.
8.32.130 Superior court ruling.
8.32.140 Penalty for failure to abate.
8.32.010 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
A. “Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer, in his judgment, shall determine is necessary in the interest of the general health, safety and welfare of the community.
B. “Enforcement officer” means the city manager, or an alternate designated by him.
C. “Premises” means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
D. “Responsible person” means any agent, lessee, or other person occupying or having charge or control of any premises, except the owner.
(Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.020 Types of nuisances—Authority to abate.
Each of the following conditions is declared to constitute a public nuisance and whenever the enforcement officer determines that any of these conditions exist upon any premises or in any body of water including, but not limited to, lakes, canals, creeks, streams, drainageways or wetlands, upon either public or private lands, the enforcement officer may require or provide for the abatement thereof pursuant to this chapter:
A. The existence of any weeds or other waste shrubs, or growth higher than two feet, or garbage, printed matter, wastepaper, refuse, debris, offal, filth, the carcass of any animal, or other offensive substance in any place in the city to the prejudice or annoyance of any person, unless otherwise permitted by law;
B. The existence of weeds, garbage, printed matter, wastepaper, refuse, debris, offal, filth, the carcass of any animal, or other offensive matter, between the property line and the centerline of any adjoining street or alley, or other public place;
C. The existence of any dead, diseased, infested or dying tree in any street; or on any private property so near to any street tree as to constitute a danger to street trees, or streets, or portions thereof;
D. The existence of any tree or shrub on any private property or in any street, or a type of species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees, gutters, sewers, other public improvements, including utility mains or services;
E. The existence of any vines or climbing plants growing into or over any street tree; or any public hydrant, pole or electrolier, or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, alarm box, standpipe, 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 by the fire department;
F. The existence of any tree which is in danger of falling or otherwise creates a substantial risk of damage or injury;
G. The existence of any tree within the city limits that is infested, infected or in danger of becoming infested or infected with objectionable insects, scale, fungus or growth injurious to trees;
H. The existence of any branches or foliage which interferes with the visibility on, or free use of, or access to, any portion of any street improved for vehicular or pedestrian travel;
I. The existence of any accumulation of wastepaper, hay, grass, straw, weeds, litter or combustible trash upon any roof or in any building, court, yard, vacant lot or open space; or endangers property, or is liable to be fired, or constitutes a fire hazard;
J. The existence upon the sidewalk in front of any premises of anything which restricts the public use thereof. Ornamental trees or shrubs placed by or with the consent of the city shall not be included within this prohibition;
K. The existence upon the sidewalk in front of any premises of any dirt, debris or litter;
L. The existence of a sidewalk or a portion of a sidewalk adjacent to any premises which is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience in the use of such sidewalk;
M. Burning or disposal of refuse, sawdust, or other material in such a manner as to cause or permit the smoke, ashes, soot, or gases arising from such burning to become discomforting or annoying to persons, or to injure or endanger the health of any person;
N. Any obstruction to a street, alley, crossing, or sidewalk, and any excavation in or under any street, alley, crossing, or sidewalk, which is by ordinance prohibited, or which is made without lawful permission, or which, having been made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, and for an unreasonable length of time;
O. Erecting, maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring disease-causing places, conditions, or things:
1. Any putrid, unhealthy, or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable, or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles,
2. Privies, vaults, cesspools, dumps, pits, or like places which are not securely protected from flies and rats, or which are foul or malodorous,
3. Filthy, littered, or trash covered dwelling, 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 or weather conditions, or which is kept or handled in violation of any ordinance of the city,
5. Poison oak or poison ivy, Russian thistle, or other noxious weeds, whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles,
6. Bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all such trash, or abandoned material, unless they are kept in approved covered bins or galvanized iron receptacles,
7. Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or any thing whatsoever in which flies or rats may breed or multiply or which may be a fire hazard;
P. The suffering or permitting of any cellar, vault, drain, sewer, yard, grounds, or premises, or any street, alley, sidewalk, park, parkway, or other public place adjacent to any premises or any street, to become, from any cause, nauseous, foul, offensive, or injurious to public health, or unpleasant or annoying to adjacent residents or persons;
Q. The causing or permitting of any nauseous, foul, or putrid liquid or substance, or any liquid or substance likely to become nauseous, foul, offensive or putrid, to be discharged, placed or thrown, or to flow from or out of any premises into or upon any adjacent premises or any public street, alley, sidewalk, park, or parkway, or to stand, remain, or be upon any premises;
R. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, park, parkway, or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, manure, or other rubbish or material;
S. The storage or keeping on any premises for more than thirty days of any used or unused building materials whose retail cost new would exceed one hundred dollars, without a special permit from the building inspector; provided, that nothing herein shall:
1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion;
2. Prohibit such storage without a permit upon the premises of a bona fide lumberyard, dealer in building materials, or other commercial enterprise, when the same is permitted under the zoning ordinances and other applicable laws;
3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws;
4. “Building materials,” as used herein, means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, concrete block, roofing materials, cans of paint and similar materials;
T. 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;
U. The existence on any premises of any unused or abandoned vehicle, including, but not limited to: automobiles, trucks, vans, trailers, mobile homes, travel trailers, boats, motorcycles, recreational vehicles, or any other vehicle or major parts thereof (hereinafter collectively referred to as “vehicle”). For the purposes of this section, it shall be presumed that a vehicle is abandoned or unused if two or more of the following criteria apply: (a) the vehicle is unlicensed for operation on a public street, or (b) the vehicle is inoperable by reason of damage, neglect or the removal of parts therefrom, or (c) the vehicle has been substantially in the same condition and location for more than two weeks, or (d) the vehicle has an approximate fair market value equal only to the approximate value of the scrap in the vehicle. The provisions of this section shall not apply to: commercial establishments which are specifically licensed to handle junk vehicles and are otherwise complying with state and local regulations; to a recreational vehicle on an undeveloped lot with a valid camping permit; to any vehicle which is stored in an enclosed building and is not visible from the exterior; or, to any recreational vehicle or utility trailer which is currently licensed, and which is maintained to such a degree as to prevent it from becoming visually offensive or hazardous to the general public. Without limiting the foregoing, any vehicle which has been left out of doors, unsheltered and unused for a period of ninety days shall be presumed to be unused and abandoned for purposes of this section;
V. Depositing any cut or uprooted water weeds, reeds, brush, grass clippings or any other type of debris into any body of water, including but not limited to lakes, canals, creeks, streams, drainageways, wetlands or any other public place;
W. The existence on any premises or property of an on-site sewer system (a/k/a septic system) which does not comply with the applicable regulations and requirements for on-site sewer systems promulgated by the state of Washington or Grays Harbor County; or the existence on any premises or property of an on-site sewer system which does not have a valid maintenance and operations permit from Grays Harbor County; or the existence on any premises or property of a malfunctioning or failed on-site sewer system. In addition to the other abatement remedies set forth in this chapter, the city may, at its sole option, at any time summarily abate the nuisance described in this section by shutting off city utilities to the premises or property on which said on-site sewer system is located;
X. The failure to comply with the stormwater regulations set forth in Section 13.17.010 of the municipal code;
Y. The feeding of seagulls and/or crows within city limits, with the exception of the city beach, which feeding results in the deposit of refuse, debris, fecal matter or other offensive substance in any place in the city to the prejudice or annoyance of any person, unless otherwise permitted by law;
Z. The feeding of seagulls and/or crows within city limits, with the exception of the city beach, which feeding results in aggressive bird behavior towards humans or other animals or which results in endangering humans or other animals in any manner;
AA. The feeding of wild deer, elk, coyotes, cougars, bears, opossums, raccoons, river otters, rats or bats, within the city limits, of any processed feed products, including but not limited to pelletized food products, blocks of grain or mineral products, grain or feed supplements, seeds, rice, corn, soybean, or bran products; or the feeding of baled hay, alfalfa, clover, sorghum or other plants. This subsection shall not apply to any person keeping, maintaining, or having in his or her possession or under his or her control any of the above animals in connection with an educational program, zoo, circus, or licensed/certified rehabilitator, provided such person has taken adequate measures to safeguard persons and property.
(Ord. 896 § 1, 2011; Ord. 806 § 1, 2006; Ord. 775 § 1, 2004; Ord. 743 § 3.1, 2002; Ord. 719 § 1, 2001; Ord. 593 §§ 7, 8, 1996; Ord. 413 § 1, 1985: Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.030 Notice.
The enforcement officer shall cause any owner or other responsible person to be notified of the existence of such condition on the premises and shall direct that such person or persons shall abate the condition or appear before the enforcement officer at a stated time and place and show cause why such condition should not be abated by the city at that person’s expense. The notice shall be substantially in the following form:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
(Name and address of person notified)
As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at _______________ you are hereby notified that the undersigned pursuant to Chapter 8.32 of Ocean Shores City Code has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection _____ of Section 8.32.020:
You are hereby notified to abate said condition to the satisfaction of the undersigned within _____ days of the date of this notice or to appear at the office of the __________ at __________, Ocean Shores, Washington, on __________, 20__, at ___ o’clock _.M., and show cause, if any you have, why said condition should not be abated by the City, and the expenses thereof charged to you as a personal obligation. Abatement is to be accomplished in the following manner:
Dated: _____ (Name of enforcement officer)
By _____________
(Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.040 Manner of giving notice.
A. A copy of the notice provided for in Section 8.32.030 shall be sent to the owner and may be sent to any other person sought to be charged with the responsibility of abatement. The notice shall be sent by mail, postage prepaid, and addressed as follows:
1. To the owner, as the person’s name and address appears on the records of the county treasurer, or as known to the enforcement officer or the person authorized by the enforcement officer to give such notice;
2. To any other such person, as the person’s name and address are known to the enforcement officer or the person authorized by him to give notice.
B. The person giving the notice shall file a copy thereof in the office of the enforcement officer, together with an affidavit or certificate stating the time and manner in which the notice was given. The failure of any owner or other person to receive the notice shall not affect in any manner the validity of any proceedings taken under this chapter.
(Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.050 Hearing.
At the time fixed in the notice, the enforcement officer shall hear testimony offered on behalf of the person or persons sought to be charged, which tends to show why the condition should not be abated and the expense thereof charged to such person as a civil debt. The enforcement officer may hear rebuttal on behalf of the city. If, at the conclusion of the hearing, the enforcement officer is satisfied that the condition exists and concludes that it should be abated at the expense of the person or persons as aforesaid, he shall so advise such persons attending the hearing, either orally or in writing. In the event any person given notice of hearing, as shown by the evidence of mailing, fails to appear at the hearing, then such evidence of mailing shall, without the taking of further testimony, be sufficient evidence of the existence of facts in support of the conclusion, and no notice of the conclusions of the enforcement officer need be given to any such person failing to appear. (Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.060 Abatement by city.
In all cases where the enforcement officer has determined to proceed with abatement, then on the day following the date fixed for the hearing or, if the matter has been continued by the enforcement officer, the day following the conclusion thereof, 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 of the persons who have been given notice as herein provided, excepting only such persons which the enforcement officer has concluded, pursuant to proof at the hearing, are not persons properly charged with the responsibility of abatement within the meaning of this chapter. The debt shall be collectable in the same manner as any other civil debt owing to the city. (Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.070 Abatement by owner or other responsible person.
If and when an owner or other responsible person undertakes to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to 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. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.080 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 Section 8.32.060. (Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1979)
8.32.090 Procedure not exclusive.
The procedure provided in this chapter for abatement shall be cumulative, and in addition to any other procedure or procedures provided in ordinances of this city or by state law for the abatement of any of the conditions described herein, and abatement shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition. (Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.100 Violation—Penalties.
Every person convicted of a violation of any provision of this chapter shall be guilty of a Class B offense as defined in Title 7 of this code and shall be punished by a fine of not less than two hundred fifty dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment. Every firm or corporation convicted of a violation of any provision of this chapter shall be punished by a fine of not less than two hundred fifty dollars. For any violation of a continuing nature, each day’s violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense. (Ord. 593 § 9, 1996: Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.110 Unlawful conduct.
It is unlawful for any person, firm or corporation, by themselves or by their agents or employees, or as the agent or employee of another person, firm or corporation, to do or permit to be done, upon any premises over which they have control, or to maintain, carry on, suffer or allow, any of the acts or things declared by this chapter or any other ordinances to be nuisances, or to do, or cause, or permit, or suffer to be done or maintained any act or thing which shall be detrimental or injurious to public health, or offensive to the senses or contrary to public decency or morality. (Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.120 Action before superior court.
The city, at its election, may bring an action of abatement in the superior court, without first bringing criminal proceedings for violation of this chapter and without first providing for a hearing before the enforcement officer as provided in Section 8.32.030, et seq. Action under this section shall not prevent the city from bringing criminal proceedings subsequent to the abatement action. (Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.130 Superior court ruling.
When judgment is rendered against any person, firm or corporation, finding them guilty of creating, keeping or maintaining a nuisance, it shall be the duty of the court before which the conviction is had, in addition to imposing the penalty or penalties provided in Section 8.32.100, to order the defendant or defendants in the action to forthwith abate and remove the nuisance. The order of abatement shall be entered upon the docket of the court and made a part of the judgment in the action. If the same is not complied with by such defendant or defendants within twenty-four hours, the nuisance shall be abated and removed by authority of the city manager, or by any other officer so authorized by the order of the court. (Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.140 Penalty for failure to abate.
Any person, firm, or corporation ordered, as provided in this chapter, to abate and remove a nuisance, who neglects or fails to abate and remove such nuisance within twenty-four hours next after the entry of such order, shall, for each twenty-four hours thereafter in which the nuisance is continued, be subject to the penalties provided in Section 8.32.100. (Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)