Chapter 8.70
PUBLIC NUISANCES
Sections:
8.70.010 Public nuisances.
A. Public Nuisances Defined. 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:
1. Ponds or pools of stagnant water;
2. Carcasses of animals not buried or destroyed within twenty-four hours after death;
3. Garbage cans which are not fly- and water-tight, or are left open to the elements;
4. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;
5. All nuisance vegetation, including: 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;
6. The existence of any trash, spilled garbage, waste, accumulation of lawn or yard trimmings or other offensive matter, except in a controlled compost process;
7. Any litter, unless it is kept in approved covered bins or galvanized receptacles;
8. All buildings, walls and other structures which have been damaged by fire, decay or otherwise so as to endanger the safety of the public, consistent with Section 17.08.034(B);
9. 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 ninety 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, no more than one vehicle may be under repair at a time within the front yard, and during such time all body and mechanical parts and tools shall be stored in a neat and orderly manner not in public view;
10. Highly flammable or explosive liquids, solids or gases unless stored in bulk above ground. 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;
11. 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 sixty days as part of an active construction project are excluded from this provision;
12. Any marijuana business, facility or operation that does not have a state license pursuant to RCW Title 69. This includes, but is not limited to, any marijuana production, processing, retail, or research business, facility, or operation;
13. Growing, keeping, processing, and/or producing marijuana in a manner that is not in compliance with RCW Title 69 or Chapter 314-55 WAC, including, but not limited to, activities prohibited by RCW 69.51A.260, such as growing more than the authorized number of plants or engaging in an aforementioned activity in a manner that can be readily seen by normal unaided vision or readily smelled from a public place or the private property of another;
14. Odors detected beyond the premises of the building of a marijuana producer or processor, even if the facility is operating under an approved ventilation plan;
15. Any medical marijuana cooperatives, as established in RCW 69.51A.250, notwithstanding a state license or other recognition pursuant to RCW Title 69;
16. Camping or encampments that lack sufficient sanitation facilities, or that result in visible, dangerous, or unsanitary accumulation of camping paraphernalia, abandoned belongings, garbage, and/or human waste.
B. Penalty. Nuisances shall constitute a civil infraction, which may be charged against the property owner, occupant, or other person responsible for the nuisance. Prior to charging a civil infraction, the person(s) responsible for the nuisance shall be given notice and a reasonable opportunity to abate the nuisance. A first violation shall constitute a Class 2 civil infraction under RCW 7.80.120. A second violation within the same thirty days, or the failure to resolve the first violation within thirty days, shall constitute a Class 1 civil infraction under RCW 7.80.120. Nuisances unresolved within thirty days of the second civil infraction shall constitute a misdemeanor.
C. Duty for Enforcement. Enforcement, resolution, and prosecution of the nuisances listed in this chapter shall be the responsibility of the community and economic development director and/or their designee(s), in cooperation with law enforcement officers as necessary.
D. Nuisance Abatement. Nuisances may be abated by the city consistent with RCW 35.21.955. Abatement by the city shall result in cleanup costs being recorded as a tax and property lien against the property. Following a nuisance abatement, the city may immediately dispose of any belongings, objects, or substances that are dangerous, toxic, obviously trash, or broken beyond repair. The city shall store useable personal property for purposes of reclaiming for sixty days.
E. Voluntary Correction. Prior to, in lieu of, or in conjunction with other remedies for nuisances, the city may enter into voluntary correction agreements with a violator. Such voluntary correction agreements shall set forth a reasonable period of time for the violator to abate the nuisance and may give the city permission to enter the property and abate the nuisance if voluntary abatement does not occur. (Ord. 1995-1022 § 3, 2022; Ord. 1987-0422 § 2, 2022; Ord. 1882-0116 § 2, 2016: Ord. 1834-1113 § 2, 2013: Ord. 1828-0513 § 1, 2013)