Chapter 8.04
NUISANCES
Sections:
8.04.040 Nuisances prohibited.
8.04.050 Voluntary correction.
8.04.070 Junk vehicle--Abatement--Notice--Authorizing disposal.
8.04.080 Emergency enforcement.
8.04.010 Purpose and intent.
The purpose and intent of this chapter is to create and maintain a safe and healthy environment for the citizens of the city of Colfax, Washington, by identifying and reducing the conditions that contribute to injury, illness, devaluation of property, and the incidence of crime through the existence of general nuisance conditions on public and private property as authorized by RCW 35.23.440(10). (Ord. 20-09 § 1; Ord. 15-03 §1 (Exh. 1) (part)).
8.04.020 Definitions.
A. "Abate" means to take whatever steps are deemed necessary by the code enforcement officer to ensure that the property complies with applicable nuisance ordinance requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair.
B. "Adjacent or neighboring properties" means any property with clear line of sight to the property in question, or any property which would generally be used for comparison by an assessor or real estate professional for purposes of comparative valuation.
C. "Building materials" means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.
D. "City" means the city of Colfax, Washington.
E. "Code enforcement officer" means a regular or specially commissioned officer so designated by the chief of police, city administrator, or mayor.
F. "General nuisance" consists of doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing, which 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, alley, or highway in the city; or
5. In any way renders other persons insecure in life or the use of property; or
6. Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life and property; or
7. Creates or permits the existence or continuance of any of the specific nuisances identified in Section 8.04.040.
G. "Graffiti" means unauthorized markings, inscriptions, words, figures, designs or other inscribed material visible from premises open to the public, that have been placed upon any property through the use of paint, ink, dye, or any other substance capable of marking property.
H. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria:
1. Is fifteen years old or older;
2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires, motor, or transmission;
3. Is apparently inoperable;
4. Is without a valid, current registration plate;
5. Has an approximate fair market value equal only to the approximate value of the scrap in it;
6. Is left on private property for more than twenty-four hours without the permission of property owner or the person having right to the possession of the property, or a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway, for one hundred sixty-eight hours or longer.
I. "Mitigate" means to take measures, subject to city approval, to minimize the harmful effects of the nuisance violation where remediation is either impossible or unreasonably burdensome.
J. "Noxious weed" or "weed" means any plant growing in the city which is determined by the state noxious weed control board to be injurious to crops, livestock, or other property and which is included for purpose of control on Whitman County’s noxious weed list; or, if not included on Whitman County’s noxious weed list has been designated for control by resolution of the city council.
K. "Owner" means any person owning property, as shown on the real property records of Whitman County or on the last assessment roll for taxes, and shall also mean any lessee, tenant, occupant or other person having control or possession of the property.
L. "Person" means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association, partnership, corporation or legal entity.
M. "Remediate" means to restore a site to a condition which does not pose a probable threat to the general public health, safety or welfare and which does not detract from or unreasonably impact the real, estimated, or assessed value of adjacent or neighboring properties.
N. "Responsible person" means any agent, lessee or other person occupying or having charge or control of any premises, except the owner.
O. "Vehicle" means every device capable of being moved upon a roadway and in, upon, or by which any person or property is or may be transported or drawn upon a roadway, and includes, without limitation, automobiles, trucks, trailers, motorcycles and tractors, except devices moved by human or animal power or used exclusively upon stationary rails or tracks. Additionally, "vehicle" means any object or structure which has ever been issued a vehicle identification number (VIN) by any government licensing agency, regardless of title status.
P. "Unsafe" means buildings, structures or equipment that are unsanitary, or that are deficient due to inadequate means of egress or that constitute a fire hazard, or that are dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance. A vacant structure that is not secured against entry shall be deemed unsafe. (Ord. 20-09 §1; Ord. 15-03 §1 (Exh. 1) (part)).
8.04.030 Administration.
The code enforcement officer is authorized to enforce this chapter and issue civil notice or citations as provided herein or take appropriate abatement procedures. Such enforcement action or actions may be taken by either of the city officers or officials mentioned herein upon observation of the acts or things declared to be a nuisance or upon citizen complaints of the occurrence of such acts or things declared to be a nuisance following appropriate investigation. (Ord. 20-09 §1; Ord. 15-03 §1 (Exh. 1) (part)).
8.04.040 Nuisances prohibited.
No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any general public nuisances within the city, including any public rights-of-way abutting a person, firm, or entity’s property. Prohibited public nuisances include, but are not limited to:
A. Maintaining on any such lot or land grass more than twelve inches in length, weeds included on the Whitman County noxious weed list; or, which are included on the state of Washington noxious weed list (nwcb.wa.gov) and others that have been designated by resolution of the city council for control although any such noxious weed may not have been included on the Whitman County noxious weed list;
B. The existence of any dead, diseased, infested or dying tree that may constitute a danger to street trees, streets or portions thereof or neighboring structures;
C. The existence of any tree, shrub or other vegetation, unless by consent of the city, which is apt to destroy, impair, or interfere with streets, sidewalks, sewers, utilities or other public improvements;
D. The existence of any vines, climbing plants, or other vegetation growing into or over any public hydrant, pole or street light; or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, standpipe, or any other facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto;
E. Fire Hazards. The existence of any accumulation of materials or objects in a location when the same endangers property or public safety, or constitutes a fire hazard;
F. 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;
G. The existence of 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;
H. Unhealthy and Unsanitary Accumulations of Materials, Garbage, Recyclables, Appliances.
1. Any putrid, unhealthy or unwholesome bones, meat, hides or skins; or 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 in this subsection shall prevent the temporary retention of waste in approved covered receptacles.
2. Building and Construction Materials. Accumulations, stacks, or piles of building or construction materials not associated with a current, in-progress project in disarray or exposed to the elements on the property.
3. Garbage, Recyclables, Compost, and Infestations.
a. Garbage not kept in a proper receptacle with a tight-fitting lid.
b. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an enclosed structure making material nonvisible to surrounding neighbors.
c. Recyclables not properly stored and regularly disposed of.
d. Creating or maintaining accumulations of matter, including foodstuffs that harbor or are an attraction for the infestation of insects or vermin; failing to eliminate such infestations; or failing to eliminate intrusive insects.
4. Appliances.
a. All broken or discarded household furniture, furnishings or equipment, or any appliances not in an enclosed structure.
b. All accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals;
I. Buildings, Structures, Equipment and Fences.
1. Buildings or portions thereof which are deemed unsafe pursuant to the Colfax nuisance code; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or the structure’s occupants is endangered.
2. Unsafe Structures and Equipment.
a. General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.
b. Unsafe Structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.
c. Unsafe Equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
d. Structure Unfit for Human Occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
e. Unlawful Structure. An unlawful structure is one found in whole or in part to have been erected, altered or occupied contrary to law.
f. Dangerous Structure or Premises. For the purpose of this code, any structure or a premises that has any or all of the conditions or defects described below shall be considered dangerous:
i. Any door, aisle, passageway, stairway, exit or other means of egress that could potentially place the residents in danger due to its lack of proper function.
ii. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
iii. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
iv. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.
v. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
vi. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
vii. Any building or structure that has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.
viii. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
ix. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.
x. Any portion of a building which remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
g. Closing of Vacant Structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource.
h. Authority to Disconnect Service Utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect thirty days prior to taking such action. If not notified prior to disconnection the owner, owner’s authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
i. Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner’s authorized agent or the person or persons responsible for the structure or equipment in form as prescribed in Section 8.04.060. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Section 8.04.060.
j. Placarding. Upon failure of the owner, owner’s authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
k. Placard Removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties listed in the city’s fee schedule for nuisances.
l. Prohibited Occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premise or shall operate placarded equipment, and any owner, owner’s authorized agent or person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for fees listed in the Colfax fee schedule.
m. Abatement Methods. The owner, owner’s authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. Contact the Colfax building department to inquire if any permits would be required prior to the beginning of work or repairs.
n. Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition;
J. The existence of any fence or other structure 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;
K. The existence on any premises of any unused or abandoned or junk trailer, house trailer, automobile, boat, or other vehicle or major parts thereof on city right-of-way or private property. A junk vehicle, boat or other vehicle is a vehicle, boat or other vehicle certified under RCW 46.55.230, and all changes made by reference thereto, as meeting at least three of the following requirements stated within Section 8.04.020(H):
Exception. "Project" cars may exist on private property as long as obvious monthly progression in its restoration is being made. In no case will a project car be allowed to remain on private property inoperable for more than one year. No project cars may remain on city property for any length of time. Additionally, "junk vehicle" does not include:
1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
2. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130;
L. The existence on any premises of any abandoned or unused well, cistern or storage tank. Such structures must be demolished or removed from the city or securely closed barring any entrance or trapdoor thereto, or without filling any well or cistern or capping the same with sufficient security to prevent access thereto by children;
M. Smoke, Soot, or Odors. The escaping or emitting of any unnecessary or harmful smoke, soot, fumes, or gases, or odors offensive or harmful to persons of ordinary sensibilities;
N. Sound.
1. Any noise or sound that intrudes into the property of another person that exceeds the maximum permissible noise levels as established in WAC 173-60-010.
2. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.
3. Any other sound occurring frequently, repetitively, or continuously which annoys or disturbs the peace, comfort, or repose of a person of reasonable sensitivity. Also see Chapter 8.20, Noise Control;
O. Dust. Disturbing the topsoil of any land area, or permitting the same, by any person without taking affirmative measures to suppress and minimize the blowing and scattering of dust so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property;
P. Soil/Debris Runoff. Disturbing the topsoil of any land area, or permitting the same, by any person without taking affirmative measures to suppress and minimize the blowing and scattering of soil and debris that potentially could add an inordinate amount of soil in water runoff so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors and accompanying condition of real property;
Q. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. An example would be for the discharge directly onto a neighboring property;
R. Yard Sales. The holding of a yard sale on the same real property more than four consecutive days. This does not include professionally run estate sales;
S. Graffiti. All graffiti upon public or private property is deemed a nuisance;
T. Toxic or Caustic Substances. Improper storing of any toxic, flammable, or caustic substances or materials;
U. Holes, Pits, and Excavations. All uncovered holes, pits, or excavations not marked or guarded that are in excess of ten or more inches in width at the top and four feet or more in depth;
V. Bodies of Water. The polluting of any waterway, well, or body of water. (Ord. 20-09 §1; Ord. 15-03 §1 (Exh. 1) (part)).
8.04.050 Voluntary correction.
Whenever the code enforcement officer for the city, as authorized herein, determines a nuisance has occurred or is occurring, and further determines that issuing a citation as a civil infraction is not necessary to rectify the nuisance, or that an emergency does not exist or that the act or thing declared to be a nuisance is not a repeated violation with knowledge by the person that such act or thing is a violation of this chapter, then the code enforcement officer may seek voluntary correction by contacting the person responsible for the nuisance, explaining the violation and requesting correction. The code enforcement officer and the person responsible for the nuisance may enter into a voluntary correction agreement that identifies the acts or things constituting the nuisance, reference to the specific code provision violated, the necessary corrective action to be taken, and the time by which the correction must be completed. The enforcement person may require such additional terms and conditions reasonably necessary to accomplish the corrective action including, without limitation, the assessment of reasonable costs and monetary penalties if the terms of the voluntary correction agreement are not met by the person entering into the agreement. (Ord. 20-09 §1; Ord. 15-03 §1 (Exh. 1) (part)).
8.04.060 Civil enforcement.
A. If after voluntary correction is unsuccessful or if a code violation is repeated, the code enforcement officer may issue a notice of civil violation to any person responsible for permitting, maintaining or repeating a nuisance in violation of this chapter. The notice of civil violation shall include: (1) the name and address of the person found to be the owner or the owner’s agent or the occupant responsible for correcting the violation, (2) the address or sufficient description of the property at which the nuisance exists, (3) a brief description of the violation and reference to the applicable code provision violated, (4) a statement of the required corrective action, (5) a statement of the time by which correction must be completed, which shall not be less than fifteen days from date of issued infraction, unless the code enforcement officer has found that an imminent hazard exists to the health or safety of the public, and (6) a statement of office address and office phone number of the enforcement person or their agent. It shall also contain a statement that if the person responsible does not complete correction of the violation by the date required, the city may abate the condition and recover costs and penalties as provided herein. Such notice of violation shall also advise that the person responsible may appeal such notice by filing a written appeal with the court of the city. Such notice of appeal shall be so filed within seven calendar days of the date of the personal service or mailing of the notice of violation, and such notice of appeal shall specify what portion of the violation notice is being challenged and grounds for such challenge.
B. The code enforcement officer or their agent shall serve the notice of civil violation either personally upon the person responsible or by mailing it to them by regular and certified mail, return receipt requested, at their last known address. Service by mail shall be deemed effective the third day following the day the notice was placed in the mail, excluding Sundays and holidays.
C. If a notice of appeal is filed, the matter shall be promptly set for a hearing to be scheduled before the judge on the next available court date or not longer than fifteen days, whichever is sooner.
D. At the hearing, the person appealing may introduce evidence to show that there is no violation of this chapter, or that the city’s conditions or timeline as to compliance is not reasonable, or that they are not responsible under the terms of this chapter to abate such nuisance. The code enforcement officer may introduce evidence that there is a violation and that the timeline is reasonable and to rebut evidence. Each party may call witnesses. Technical rules of evidence need not be followed. The burden of proof shall be upon the enforcement person to show by a preponderance of the evidence that there is a violation as claimed and that the time given for correction and the method or extent of correction required are reasonable.
E. After receiving evidence and argument, the court shall either (1) authorize the enforcement person to proceed to abate the violation, unless the person responsible does so within the next five days, or (2) if the court finds there is not a violation of this chapter or that the city has not proceeded according to this chapter, the court shall direct the city not to proceed under such notice. The court may authorize the code enforcement officer to proceed, but may order a delay where the court has found that the property owner can abate the nuisance and the delay will not have any adverse effect upon other property or upon the safety of any person. The court shall also compute and assess the monetary penalty, if any, as provided herein. The court in each case shall enter a written decision and shall mail a copy to the person appealing, as well as to the code enforcement officer, no later than ten working days after the hearing. The person appealing shall have fifteen days from the date of mailing of the written decision to petition to the superior court or district court for injunctive relief seeking to restrain the city from proceeding with the abatement of the violation, and the court is authorized to affirm, reverse or modify such enforcement action, and any such hearing or trial shall be de novo, meaning the court shall be directly reviewing the action by the city as a new matter.
F. If the person responsible has not appealed the notice of violation as provided for in this chapter, or if the property owner has appealed but the court has found for the enforcement person and has not authorized a delay and there has been no appeal to superior court and correction has not been made within the specified time, the city is authorized by this chapter to proceed with its own personnel or with a contractor to abate the nuisance in any reasonable manner.
G. Civil monetary penalties shall accrue at the rate established in Section A, Property Maintenance, of the city of Colfax fee schedule after the date the correction of the nuisance was to be completed as provided in subsection A of this section until completion of the correction unless a different date of completion is established by the board of adjustment; provided, that the court may assess a lesser penalty if the person showed diligence in correcting the violation or whether good faith of code interpretation existed. No penalties shall accrue while an appeal is pending unless the court finds the appeal was frivolous or for delay only. The monetary penalty and the cost of abatement accomplished by the city constitute a personal obligation of the responsible person and the city attorney may, by use of appropriate legal remedies including, without restricting the city’s remedies, foreclosing against the real property of the responsible person in the manner of foreclosing mechanic’s liens pursuant to Chapter 60.04 RCW, recover such penalties and abatement costs, together with interest and reasonable attorney’s fee, and to enter into compromises. (Ord. 20-09 §1; Ord. 15-03 §1 (Exh. 1) (part)).
8.04.070 Junk vehicle--Abatement--Notice--Authorizing disposal.
A. As permitted by RCW 46.55.230, at the request of a property owner, and notwithstanding any other provision of law, any law enforcement officer having jurisdiction shall inspect an abandoned junk motor vehicle or any parts thereof. The officer shall record the make of such motor vehicle and the serial number or vehicle identification number, if available, and shall also detail the damage or missing equipment to verify that the value of such abandoned junk vehicle is equivalent to the value of the scrap metal therein only.
B. Prior to impoundment of any junk vehicle, written notice shall be mailed to the last registered vehicle owner of record, and to the owner of the land upon which the vehicle is located, as shown on the last equalized assessment roll, if such can be determined. Such notice shall state:
1. A description of the vehicle and license number, if licensed, and the location of the vehicle; and
2. That the vehicle has been determined to be a public nuisance, and will be removed after the expiration of fifteen days after the date of mailing, unless a hearing is requested, with costs to be assessed against the registered owner of the vehicle and the record owner of the land. The recipient will further be advised of procedures to request the hearing.
C. If, prior to the expiration of fifteen days after the notice is mailed, a request for hearing is received, said vehicle shall not be impounded, but a notice giving the time, location, and date of a hearing before the municipal court on the question of abatement and removal of the vehicle, or part thereof, as a public nuisance shall be mailed, by certified or registered mail, with a five-day return requested to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
D. This section shall not apply to:
1. A vehicle, or part thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
2. A vehicle, or part thereof, which is completely hidden from public view by a fence to the satisfaction of the chief of police; or
3. Up to a total of two vehicles, or parts thereof, which are covered by properly fitting automobile covers that are designed for that purpose and which completely cover all body parts; or
4. A vehicle, or part thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, fenced according to the provisions of RCW 46.80.130, as now or hereafter amended.
E. The owner of the land 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 reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced to its presence, then costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located or otherwise attempt to collect such cost from the owner. Additionally, the owner of the property may give the city permission to remove the vehicle(s).
F. After notice has been given of the intent of the city to dispose of the vehicle, and after a hearing, if requested, has been held, and upon ruling by the hearing officer, the vehicle or part thereof shall be removed, at the request of a law enforcement officer, with notice to the Washington State Patrol and the State Department of Licensing that the vehicle has been wrecked. The city may make final disposition of such vehicles or parts, provided such disposal shall be only as scrap. (Ord. 20-09 §1; Ord. 15-03 §1 (Exh. 1) (part)).
8.04.080 Emergency enforcement.
Whenever the code enforcement officer finds, as a result of a declared nuisance, that an emergency condition results therefrom or it reasonably appears to cause or constitute an imminent or immediate danger to the health and safety of the public, and the responsible person cannot be contacted or refuses to immediately abate the same, the enforcement person shall have authority to summarily and without notice abate the same. Notice of the abatement action shall be given to the responsible party as soon thereafter as possible and the city shall be entitled to recover the abatement costs as provided in Section 8.04.060(G). (Ord. 20-09 §1; Ord. 15-03 §1 (Exh. 1) (part)).
8.04.090 Abatement suit.
Whenever the enforcement person determines a nuisance to exist, the city may proceed, in addition to any other remedy provided herein, to enjoin and abate the same pursuant to Chapter 7.48 RCW et seq., as amended. (Ord. 20-09 §1; Ord. 15-03 §1 (Exh. 1) (part)).