Chapter 9.16
NUISANCES
Sections:
9.16.010 Definitions.
9.16.020 Public nuisance defined.
9.16.030 Public nuisances affecting health.
9.16.040 Public nuisance affecting peace and safety.
9.16.045 Public nuisance noise prohibited.
9.16.046 Public nuisance of allowing blowing dust and dirt prohibited.
9.16.080 Enforcement – Criminal.
9.16.090 Civil and criminal violations – Penalties.
9.16.100 Provisions not exclusive – Public nuisance declared.
9.16.110 Purpose – Liability.
9.16.120 Correction by owner or other responsible person.
9.16.130 Correction by the city.
9.16.140 Immediate danger – Summary correction.
9.16.150 Abatement of dangerous buildings.
9.16.160 Abatement of drug houses and related nuisances.
9.16.010 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
“Compliance officer” means the city manager’s designee.
“Correct” means to abate, repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such extent as the compliance officer, in the officer’s judgment, determines is necessary in the interest of the general health, safety, and welfare of the community.
“Deteriorated” means to have become inferior in quality or value, to have become impaired in quality, functioning, or condition, to have fallen from a higher to a lower level in quality, character, or vitality.
“Dilapidated” means having fallen into a state of disrepair or deterioration, as through neglect, broken-down and shabby. Includes battered, beat-up, broken-down, crumbling, crumbly, crummy, damaged, decayed, decaying, decrepit, dingy, dog-eared, faded, fallen in, impaired, injured, marred, neglected, old, ramshackle, ratty, raunchy, rickety, rinky-dink, ruined, ruinous, run-down, seedy, shabby, shaky, slummy, tacky, threadbare, tumble-down, uncared for, unimproved, unkempt, used up, worn out.
“Fence” means an upright structure serving as an enclosure, a barrier, or a boundary, usually made of posts, boards, wires or stakes joined together by boards, wire, or rails. For the purposes of enforcement of this nuisance code, a fence shall not be constructed of wooden pallets, tires, sheets of plywood or corrugated sheet metal or any type of metal. A “sight-obscuring” fence shall be a fence between the subject property and the abutting property, whether the property be publicly owned or in private ownership.
“Observe” means to see, to witness, to discern, to spot, to view.
“Premises” means any building, lot, parcel, real estate, or land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking lanes.
“Responsible person” means any agent, lessee, or other person occupying or having charge or control of any premises.
“Sight-obscuring” as used herein is defined as to make dark, dim, or indistinct or to conceal or to hide. At any distance from the fence, viewed by a person standing not taller than six feet and from any point of view outside of the fenced area, any materials, equipment, or activity in the interior of the fenced area shall not be visible to the viewer from the intersection of the fence with the ground upwards.
“Trash” means worthless or discarded objects, refuse, or rubbish. Something broken off and to be discarded, much like plant materials. Also includes debris, dreck, dregs, droppings, dross, excess, filth, fragments, junk, leavings, litter, oddments, offal, pieces, refuse, residue, rubbish, rubble, rummage, scourings, scrap, scraps, scum, sediment, shavings, slag, sweepings, or waste. [Ord. 10-86; Ord. 30-03; Ord. 13-06].
9.16.020 Public nuisance defined.
Unlawful public nuisances affecting health, peace and safety, noise and blowing dust and dirt are defined in RMC 9.16.030, 9.16.040, 9.16.045, and 9.16.046. [Ord. 10-86; Ord. 30-03].
9.16.030 Public nuisances affecting health.
The following are declared to be nuisances affecting health:
A. Defective or overflowing septic or sewage systems, and the existence of any noxious, foul, or putrid liquid or substance which poses a health hazard or creates a noxious odor;
B. Any man-caused pool of standing or stagnant water, except storm drainage systems and properly maintained ornamental or landscape pools or ponds, which serves as a breeding area for insects;
C. Accumulation of garbage, decaying vegetation, manure, dead animals, or other noxious things in a street or alley, or on public or private property to an extent injurious to the public health, safety, welfare or comfort of others;
D. All other acts, failure to act, occupations, or use of property that is a menace to the health of the public. [Ord. 10-86; Ord. 30-03; Ord. 13-06].
9.16.040 Public nuisance affecting peace and safety.
The following are declared to be nuisances affecting peace and safety:
A. All public sidewalks not maintained in accordance with Chapter 12.16 RMC;
B. All trees, hedges, fences, signs or other obstructions which are not installed or maintained in accordance with Chapter 12.11 RMC;
C. All limbs of trees which are less than seven feet above the surface of any public sidewalk, or 12 feet above the surface of any street;
D. All buildings, other structures, or portions thereof which have been damaged by fire, decay, or have otherwise deteriorated so as to endanger the safety of the public and the existence of any fence, other structure, or thing on private or public property abutting or fronting upon any public street, public sidewalk, or public place, which is sagging, leaning, fallen, decayed, or is otherwise dilapidated and creating an unsafe condition, which shall include any interior walls or other vertical structural members which list, lean or buckle to such an extent that a plumbline passing through the center of gravity falls outside the middle third of its base;
E. All explosives, flammable liquids, and other dangerous substances stored or used in any manner in violation of the fire code shall be referred to the fire department;
F. Dumping, throwing, placing, leaving, or causing or permitting to be dumped, thrown, placed, or left, any filth, paper, cans, glass, rubbish, trash, garbage, grass trimmings, shrub trimming, and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch, or private property of another in the city;
G. 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, the total of which material would exceed two cubic yards in volume, any one or more of the following conditions or things:
1. Filthy, littered, or trash-covered yards, vacant lots, or other premises;
2. Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, and other pack materials, including scrap wood, lumber, scrap iron, metal, or other material which is not neatly piled;
3. Bottles, cans, glass, ashes, pieces of scrap iron, wire, metal articles, broken stone or cement, and all trash or abandoned material, unless kept in covered bins or receptacles, or anything whatsoever in which rodents or insects may breed or multiply, or which may be a fire hazard;
4. Accumulation of garbage, decaying vegetation, manure, dead animals, or other noxious things in a street or alley, or on public or private property;
5. This section shall include the keeping or storing the equivalent amount of material in a trailer, pickup bed, or other portable container;
H. The permitting to remain outside any dwelling, building, or other structure, any abandoned, unattended, or discarded or nonoperational vehicle, as regulated by Chapter 9.20 RMC, vehicle parts, ice chest, refrigerator, furniture, household appliances or other similar items, in any front, side or rear yard of the property which may be maintained by a “responsible person” as defined in RMC 9.16.010(C) and which items can be seen from a public sidewalk, street or road unless enclosed behind a sight-obscuring fence and in a manner where it is not visible from public property or from private property when observer is standing at ground level;
I. Any pit, hole, basin, or excavation which is unguarded or has been abandoned, or is no longer used for the purpose constructed, or is maintained contrary to statutes, ordinances, or regulations;
J. Any well or storage tank permitted to remain on any public or private property without being securely closed or barring any entrance or trap door thereto, or without filling or capping any well;
K. The repair or abandonment of any automobile, truck, or other motor vehicle of any kind upon the public streets or alleys of the city as defined in Chapter 9.20 RMC;
L. All barbed wire fences or any fence charged with electricity in any amount whatsoever, except as permitted by RMC 23.38.070(F);
M. The keeping or permitting the existence of any bees or other insects, reptiles, rodents, fowl, or any other animals, domestic or wild, in any manner contrary to law, or which affect the safety of the public;
N. The existence of any fence, other structure, or thing on private or public property abutting or fronting upon any public street, sidewalk, or place, which is sagging, leaning, fallen, decayed, or is otherwise dilapidated and creating an unsafe condition or which vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity falls outside the middle third of its base;
O. The existence of any vine, shrub, or plant growing on, around, or in front of any fire hydrant, utility pole, utility box, or any other appliance or facility provided for fire protection, public, or private utility purposes in such a way as to obscure from view or impair access thereto;
P. The keeping or permitting the existence of morning glory, tackweed, Russian thistle, or other noxious weed, growing or otherwise, which is a health or safety hazard to persons or property;
Q. All grasses, weeds, or other vegetation growing or which has grown and died, determined to be a fire or safety hazard or a nuisance to persons, shall not exceed six inches in height measured above the ground except as follows:
1. Any parcel of land or contiguous segregated parcels of land which when combined represent a parcel larger than one acre in size, may comply with these requirements by providing a firebreak along that portion of the perimeter of the parcel which abuts developed property or an improved street. The firebreak shall be a minimum of 20 feet in width, within which all weeds and vegetation, except established trees, shall not exceed 12 inches in height measured above the ground;
2. Any designated public parkland, natural area, or environmentally sensitive area, or any large undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes; any of the above exceptions may be waived and additional maintenance required by the compliance officer if he determines such action is necessary to protect the safety of persons or adjoining property. All maintenance shall be done in a manner so as to minimize disruption of soil stability;
R. The existence of any dead, diseased, infested, or dying tree, shrub, or other vegetation which may pose a danger to vegetation, crops, property or persons;
S. Objects that interfere with, obstruct, tend to obstruct, or render dangerous for passage of either persons or vehicles to any public park, street, sidewalk, alley, highway or other public area. Objects subject to this section include but are not limited to basketball hoop standards, street hockey goals and nonoperational or abandoned vehicles, or parts thereof, or other articles of personal property, which are discarded or left in a state of partial repair. [Ord. 99-76 § 1.01; Ord. 10-86; Ord. 26-90; Ord. 30-03; Ord. 26-05; Ord. 28-05; Ord. 13-06].
9.16.045 Public nuisance noise prohibited.
No person, whether or not that person is in actual possession of the noise source, shall create, continue, or cause to be created or continued any public disturbance noise. “Public nuisance noise” means any noise which:
A. Is specifically included in, but not limited to, those listed in this section; or
B. That unreasonably disturbs or interferes with the peace, comfort, and repose of another person. Public disturbance noises for the purposes of this section shall include, but shall not be limited to, the following specified sounds:
1. Any sound made by the use of a musical instrument, whistle, sound amplifier, jukebox, radio, television, or other similar device which emanates from a building, structure, or property between the hours of 9:00 p.m. and 7:00 a.m. so as to be audible greater than 75 feet from the building, structure or property.
2. Any sound made by the unamplified human voice that emanates from a building, structure or property between the hours of 9:00 p.m. and 7:00 a.m. so as to be audible greater than 75 feet from the building, structure or property.
3. Any sound made from motor vehicle tires that causes or allows to be emitted squealing, screeching, or other sounds from the tires because of rapid acceleration or excessive speed around corners or other reasons. Sounds resulting from emergency braking to avoid imminent danger are not a violation of this section.
4. Any sound made by the discharge of gases from an internal combustion engine except through a muffler.
5. Any sound made by the operation of any motorcycle, motorbike, off-road or all-terrain vehicle in the city on any property not a part of the street system of the city when such motorcycle, motorbike, off-road or terrain vehicle does not conform to the muffler standard required for operation on the public streets.
6. Any sound made by a horn or other similar signaling device attached to a motor vehicle which is audible greater than 75 feet from the vehicle except when reasonably necessary to ensure safe operation as permitted in RCW 46.37.380.
7. Any sound made by a loudspeaker or sound amplifier exterior to any building for commercial advertising or sales purposes or for attracting the attention of the public to any performance, show or other event so as to be audible greater than 75 feet from the building, structure, or property.
8. Any sound which is audible greater than 75 feet from any school, other institution of learning, court, hospital, nursing or convalescent facility, or other area where exceptional quiet is necessary; provided signs are displayed in adjacent or contiguous streets indicating that the area is a quiet zone.
9. Any sound made by the construction, excavation, repair, demolition, destruction, or alteration of any building, property or upon any building site between the hours of 9:00 p.m. and 7:00 a.m. which is audible greater than 75 feet from a residential district.
10. Any sound made by operating or permitting the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool or air conditioner, fan or blower, or similar device which is audible greater than 75 feet from residential areas between the hours of 9:00 p.m. and 7:00 a.m. the following day so as to cause a noise disturbance across a boundary.
11. Any sound made by speaker, sound amplifier or motor vehicle audio system exterior to the passenger sitting compartment of a motor vehicle on a public street or highway (anywhere within the right-of-way thereof) of a commercial radio station broadcast, or music from an audio tape cassette, compact disc, or other recording medium so as to be audible at a distance of 75 feet or more from the source of the sound.
12. Any sound from a motor vehicle audio system, such as tape players, radios, and compact disc players, operated at a volume and under conditions so as to be audible greater than 75 feet from the vehicle itself.
13. Any sound from portable audio equipment, such as a radio, tape player, or compact disc player, which is operated at such a volume so as to be audible at a distance of 75 feet or more from the source of the sound.
C. Any person violating any provision of this section shall be guilty of a misdemeanor.
D. Any person who obtains a special permit issued by the city manager or designee which would allow the permittee to exceed the noise level limitations of this chapter for a specified period of time is not in violation of this section. Such permit will provide a date, time, and signature of the responsible party and shall be submitted at least 14 days prior to a planned event taking place. [Ord. 26-90; Ord. 30-03; Ord. 08-04; Ord. 29-10 § 1.01; amended during 2011 recodification; Ord. 20-11 § 1.19].
9.16.046 Public nuisance of allowing blowing dust and dirt prohibited.
A. Excavating, grading, plowing or disturbing the topsoil of any land area within the city of Richland, or permitting the same, by any person, firm or corporation, without taking affirmative measures to suppress and minimize the blowing and scattering of dust whereby it substantially affects the health, peace, comfort, or repose of two or more persons separately residing in their usual place of abode, or in work or recreation, is hereby declared to be a nuisance, and within the police power of the city of Richland to regulate. Investigation and documentation of an alleged violation will take place upon complaint of two or more persons separately residing.
B. Any person, firm or corporation who shall disturb, excavate, grade, plow, or remove the topsoil of any land area, or permit or direct same, within the city of Richland, as herein prohibited, for any purpose, without taking reasonable, affirmative measures to suppress and minimize the blowing and scattering of dust such as adequate periodic sprinkling of the disturbed soil with water or other fluid, or by the application of a chemical or physical soil binder, or by other means of forming a crust thereon, or by means of a physical cover, or by adequate fencing or by effective corrugation of the surface, or any other means that will effectively suppress the blowing of dust, shall be determined to have committed a Class 1 civil infraction the maximum penalty of which is $250.00, not including statutory assessments as set forth in Chapter 7.80 RCW. The compliance officer will be required to have observed the violation which shall consist of not providing the reasonable, affirmative measures as outlined in the permit application established in subsection (J) of this section. The infraction shall be deemed to have been committed and is final unless contested as provided in Chapter 7.80 RCW.
C. Each day that said violation continues shall be deemed a distinct and separate offense, punishable as provided herein.
D. In addition to the civil sanctions herein provided, the city of Richland may, without being obligated to do so, abate said nuisance by going upon said premises where the soil has been disturbed and take whatever steps are reasonably necessary to suppress the blowing and scattering of dust.
E. In the event an aggravated dust-blowing condition exists, the city, under the direction of the city manager, may, without notice to the owner or person in possession of said premises, suspend work on said premises, or if no work is in progress, cause the blowing dust to be suppressed by employees of the city of Richland or by engaging a private contractor to take reasonable measures to suppress the blowing dust.
F. If no emergency exists, the city manager shall direct that notice be given to the person, firm, or corporation to suppress the blowing dust and if adequate measures are not taken within five days from the date of said notice to suppress said dust, the city may cause said dust nuisance to be abated by city employees or by contract labor aforesaid.
G. If the city elects to cause said dust problem to be abated by city employees or by contract labor, the reasonable expense thereof, together with materials used, and reasonable rental value of any equipment used, shall become a lien on said premises, or if the soil is disturbed in a street, alley, walk, or easement, or right-of-way, said reasonable expense of dust abatement shall be imposed as a lien upon the abutting or appurtenant property.
H. Said lien shall be filed with the Benton County auditor in the manner and form of a sewerage lien and foreclosed in the manner by statute provided for the foreclosure thereof.
I. As an alternative remedy the city may collect said cost of abating said nuisance by action against the person creating said nuisance or against the owner of the offending property if the work is being performed under his direction or for and in his behalf.
J. The city building inspector, in the case of residential and commercial building permits, the public works director or designee, in the case of construction permits in the streets, or the community and development services group, in the case of approval of plats, shall as a condition for issuing a permit or according permission to proceed with a project, obtain adequate written assurances from the applicant that the conditions of this chapter shall be complied with. This shall be done by filing a written plan with the specific department or group providing for an acceptable program to control dust on the project, which disturbs the soil and potentially provides a source of dust. While the plan may be determined by the ingenuity of the contractor, possible alternatives which may be acceptable include placement of water sprinklers in such a manner as to apply moisture to all disturbed soil, the application of chemical or physical soil binders or other means of forming a crust on the soil which shall control soil movement by wind, or by means of a physical cover, adequate fencing or by corrugation of the surface or any other means that will effectively suppress the blowing of dust from sites where the soil has been disturbed by human activity. In all cases, approval of the proposed plan by the city and implementation of the plan by the permittee does not relieve the permittee from the obligation to control the dust.
K. If any provision of this section shall be deemed unconstitutional, it shall not affect any other provision of this section, the parts being separable. [Ord. 40-92; Ord. 30-03; Ord. 31-03].
9.16.080 Enforcement – Criminal.
Every offense defined by this chapter or conduct made unlawful hereby shall constitute a misdemeanor crime and civil infraction. Nothing in this chapter shall preclude the concurrent processing of a criminal citation and civil violation abatement process. [Ord. 30-03; Ord. 06-10 § 1.16].
9.16.090 Civil and criminal violations – Penalties.
A. Civil Penalty for Failure to Comply with Final Orders. In addition to any other sanction or remedial injunctive procedure that may be available at law or equity, any person failing to comply with a final order issued by the compliance officer or hearing examiner shall be subject to a civil penalty as set forth in RMC 10.02.050(E). The civil penalty shall be collected by such action brought in the name of the city.
Provided, if the same violator has been found to have committed an infraction violation for the same or similar conduct two separate times, with the violations occurring at the same location and involving the same or similar sections of the Richland Municipal Code or other similar codes, the third or subsequent violation shall constitute a misdemeanor, punishable as provided in RMC 1.30.010 for criminal offenses.
B. Criminal Penalty. Persons convicted of criminal misdemeanor crimes under this chapter shall be punished by a fine not to exceed $5,000 or by imprisonment in the jail not to exceed one year or both imprisonment and a fine. [Ord. 30-03; Ord. 06-10 § 1.16].
9.16.100 Provisions not exclusive – Public nuisance declared.
A. The provisions of this chapter shall be cumulative and nonexclusive, and shall not affect the city’s right to any other claim, cause of action, or remedy available at law or equity.
B. Any violation of any provision of this chapter is hereby declared to be a public nuisance. The compliance officer may request that the city attorney, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such public nuisance in the manner provided by law or remove such public nuisance and restrain and enjoin any person from causing sound or permitting sound to originate that constitutes a violation under this chapter. [Ord. 30-03].
9.16.110 Purpose – Liability.
A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
B. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. [Ord. 30-03].
9.16.120 Correction by owner or other responsible person.
If and when an owner or other responsible person shall undertake action to correct any condition described in this chapter, whether by order of the compliance officer, or otherwise, all necessary and legal conditions pertinent to the correction may be imposed by the compliance 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 permits or approvals to do any work incidental to the correction. [Ord. 10-86; Ord. 30-03].
9.16.130 Correction by the city.
In all cases where the compliance officer has determined to proceed with correction, 10 days after giving notice, the city shall acquire jurisdiction to correct the condition at the responsible person’s expense, as herein provided. Upon correction 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. The debt shall be collectible in the same manner as any civil debt owing to the city. [Ord. 10-86; Ord. 30-03].
9.16.140 Immediate danger – Summary correction.
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 significant portion thereof, the correction officer shall have the authority to summarily and without notice correct the same. The expense of such correction shall become a civil debt against the owner or other responsible party and be collectible in the same manner as any civil debt owing to the city. Correction shall be as provided in this chapter or Washington statutes. [Ord. 10-86; Ord. 30-03].
9.16.150 Abatement of dangerous buildings.
Considerations involving dangerous buildings shall be processed according to RMC Title 21 as it now exists or may be amended in the future. [Ord. 10-86; Ord. 30-03].
9.16.160 Abatement of drug houses and related nuisances.
The city of Richland shall use the processes provided in Chapter 7.43 RCW as it currently exists or may hereafter be amended relating to drug nuisance laws and enforcement within the city of Richland. [Ord. 30-03].