Chapter 7.15
PROPERTY MAINTENANCE

Sections:

7.15.010    Definitions.

7.15.020    Duty to maintain property.

7.15.030    Declaration of public nuisance.

7.15.040    Enforcement.

7.15.050    Third party liability.

7.15.010 Definitions.

The definitions set forth in Chapter 15.10 SMC, as presently existing or as may subsequently be amended, shall apply to this chapter and, in addition, the following definitions shall apply:

A. “Junk” means discarded, broken or disabled material including, but not limited to, furniture, appliances, discarded lumber, toys, or other items that are not in functioning condition.

B. “Owner” means any person owning property, as shown on the real property records of King 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.

C. “Property” means land and any buildings or structures located thereon.

D. “Trash” means waste food products and other household garbage. (Ord. 02-1005 § 1: Ord. 91-1014 § 1)

7.15.020 Duty to maintain property.

No person owning, leasing, renting, occupying, being in possession or having charge of any property in the City, including vacant lots, shall maintain or allow to be maintained on such property, except as may be permitted by any other City ordinance, any of the following conditions visible from any public street or alley, or from any other private property:

A. Junk, trash, discarded items or salvage materials;

B. Any accumulation of material including, but not limited to, bottles, cans, glass, plastic, ashes, scrap metal, broken stone or cement, rags, boxes, crates, packing cases, tools, equipment, and packing material;

C. Household items, furniture and appliances intended for indoor use that are stored or used outdoors. For the purposes of this section, decks, carports and open garages are considered outdoors;

D. Shopping or baggage carts;

E. Indoor personal items stored outdoors for more than twenty-four (24) hours including, but not limited to, clothing, bedding, toys, cooking and eating utensils, newspapers and magazines;

F. Building, plumbing, electrical and mechanical materials unless neatly stacked and intended to be used for improvements to the premises on which it is stored, within six months;

G. Firewood unless neatly stacked and intended to be used on the premises on which it is stored;

H. Dead, decayed, diseased or hazardous trees, which are dangerous to public health, safety and welfare;

I. Berry vines which exceed an average height of three (3) feet, except on vacant lots provided the berry vines do not encroach on adjacent properties;

J. Any accumulation of weeds or grass which exceeds twelve (12) inches in height;

K. Regardless if visible from adjacent property, any attractive nuisances dangerous to children, including but not limited to, equipment, machinery, unused refrigerators and freezers, excavations, wells or shafts. (Ord. 02-1005 § 2: Ord. 95-1024 § 1; Ord. 91-1014 § 2)

7.15.030 Declaration of public nuisance.

Any property found to be maintained in violation of SMC 7.15.020 is hereby declared to be a public nuisance and shall be abated by rehabilitation, removal, trimming, demolition or repair. (Ord. 91-1014 § 3)

7.15.040 Enforcement.

The provisions of this chapter shall be enforced pursuant to Ordinance No. 90-1048, codified in Chapter 1.15, as amended by Ordinance No. 90-1075, as both presently exist or as may subsequently be amended. (Ord. 91-1014 § 4)

7.15.050 Third party 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 benefitted by the terms of this chapter.

B. It is the specific intent of this chapter to place the obligation of complying with its requirements upon the property owner or owners and no provisions nor term used in this chapter is intended to impose any duty whatsoever upon the City or any of its officers and employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

C. 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, or its officers, employees or agents, for any injury or damage resulting from the failure of a property owner 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 of 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. 91-1014 § 5)