Chapter 8.12
NUISANCES1
Sections:
8.12.040 Nuisances prohibited.
8.12.080 Fire lane maintenance – Blocking fire lane prohibited.
8.12.090 Enforcement and process.
8.12.010 Purpose and intent.2
The purpose and intent of this chapter is to create and maintain a safe and healthy living environment for the citizens of the city, by identifying and reducing the precipitators of injury, illness, property devaluation, and crime. (Ord. 404 § 1(Exh. A(part)), 2012)
8.12.020 Authority.
A police officer or code enforcement officer as defined in BMC 1.32.010 may enforce the provisions of this chapter. (Ord. 404 § 1(Exh. A(part)), 2012)
8.12.030 Definitions.
For the purpose of this chapter:
A. “Enclosed structure” means a building that has been legally permitted and built to provide vehicle storage, with three walls, a roof and a closable garage door.
B. “Motor vehicle” means any vehicle that is self-propelled, including car, truck, van or motorcycle, and that is used for the transportation of passengers, but not including recreational vehicles or utility vehicles.
C. “Public nuisance” means a thing, act, omission, condition or use of private property, adjacent public property or improved or unimproved public right-of-way, which is created, maintained or allowed to exist that annoys, offends, injures, endangers, or obstructs the comfort, repose, health, or safety of others.
D. “Recreational or utility vehicle” means a vehicle that is primarily designed for recreation, camping, travel, or hauling, which has its own motor power or is typically mounted or towed by another vehicle, including but not limited to: motor homes, campers, travel trailers, boats over fourteen feet in length, horse trailers, and utility trailers.
E. “Vehicle” means a device capable of being moved upon a public street and in, upon, or by which any persons or property is or may be transported or drawn upon a public street, including motor vehicles and recreational or utility vehicles, but excluding bicycles and powered wheelchairs. (Ord. 404 § 1(Exh. A(part)), 2012)
8.12.040 Nuisances prohibited.
No person, firm or corporation shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisance within the city. Prohibited public nuisances include, but are not limited to:
A. Vegetation.
1. Vegetation exceeding twelve inches in height (exclusive of plants and flowers within a flower bed or container or landscaping shrubbery or trees) located in any front, back, or side yard, adjacent public right-of-way or planting strip, or vegetation that has a structure or characteristic which is determined to be a fire hazard by a code enforcement officer as defined in BMC 1.32.010 or fire marshal;
2. Noxious weeds or toxic vegetation as defined by the Snohomish County noxious weed board that impedes or invades public property;
3. Woodpiles that are not properly stacked or accumulations of wood debris, such as branches, that could become a fire hazard or harbor rodents; and
4. Disposing yard waste onto public or private property without written consent of the property owner.
B. Buildings, Structures, Fences. Buildings, structures, fences or other constructed objects that are decayed, damaged or in disrepair and that have collapsed or pose a threat of collapse, structural failure, or falling onto public property or public right-of-way.
C. Sidewalks. Whenever any street, lane, square, place, court or alley in the city has been improved by the construction of sidewalk or sidewalks along either or both sides thereof, the duty, burden, and expense of repair, renewal, maintenance, and removal of obstructions and snow from such sidewalk or sidewalks shall be to the property owner directly abutting upon that side of such street along which the said sidewalk has been constructed.
D. Unauthorized Signs. Unauthorized signs, signals, markings or devices that are displayed and resemble an official traffic control device.
E. Building and Construction Materials. Accumulations, stacks, or piles of building or construction materials not associated with a current in-progress project, including metal, wood, wire, electrical or plumbing materials in disarray or exposed to the elements.
1. Fire Hazards. Stacks or accumulations of newspapers, cardboard, or other paper, clothes, or wood products left in a manner that could pose a substantial risk of combustion or the spread of fire;
2. Toxic or Caustic Substances. Improper storing or keeping of any toxic, flammable, or caustic substances or materials;
3. Smoke, Soot, or Odors. The escaping or emitting of any unnecessary or harmful smoke, soot, fumes, gases or odors offensive or harmful to persons of ordinary sensibilities; and
4. Insect or Vermin Attractions. Creating or maintaining accumulations of matter, including foodstuffs, that harbors or is an attraction for the infestation of insects or vermin or failing to eliminate such infestations.
F. Garbage, Recyclables, and Compost. In addition to litter regulations of Chapter 8.20 BMC:
1. Garbage not kept in a proper receptacle with a tight-fitting lid;
2. Recyclables not properly stored and regularly disposed of; and
3. Compost not kept in a manner to prevent it from attracting infestations of insects or emitting foul odors.
G. Furniture and Appliances.
1. Broken or discarded household furniture, furnishings or equipment, or appliances not in an approved enclosed structure, in the front, side, or back yard of a property; and
2. Accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals.
H. Debris and Trash. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an approved enclosed structure, in the front, back, or side yards of the property.
I. Holes, Pits, and Excavations. All uncovered holes, pits, or excavations not marked or guarded.
J. Machinery and Equipment. Broken or inoperable accumulations of machinery and equipment, or parts of machinery or equipment, not in an approved enclosed structure, in the front, back, or side yards of the property.
K. Attractive Nuisances. Any accessible attractive nuisance to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child.
L. Maintenance and repair of vehicles on private property is unlawful unless:
1. The vehicle is registered to a resident of the property, and the repairs occur within a period of thirty days or less; and
2. The repair is not associated with a licensed or unlicensed vehicle-oriented business, unless the property is authorized and licensed by the city for such business; and
3. The repair is conducted in a manner that does not violate noise regulations; and
4. The repair is conducted in a manner so as not to allow any vehicle fluids to saturate the ground or enter any drainage system or body of water; and
5. All vehicle parts and accessories including, but not limited to, containers of oils and fluids must be appropriately stored in an approved structure; and
6. Vehicles shall be attended when on blocks, jacks, ramps or otherwise elevated above the ground. (Ord. 442 § 1 (Exh. A), 2016: Ord. 404 § 1(Exh. A(part)), 2012)
8.12.060 Nuisance premises.
Any premises or structures in which prostitution, lewd behavior or underage consumption of alcohol occurs, in which juvenile runaways or wanted persons are harbored, or in which the illegal use, sale, manufacturing or distributing of any narcotic or controlled substance occurs shall be an unlawful public nuisance. (Ord. 404 § 1(Exh. A(part)), 2012)
8.12.070 Graffiti.
Graffiti or unauthorized defacement of any surface located on a private property must be removed within ten days of discovery or notification by the police department or public works department. (Ord. 404 § 1(Exh. A(part)), 2012)
8.12.080 Fire lane maintenance – Blocking fire lane prohibited.
A. The owner or manager of a property that is required to establish designated fire lanes shall maintain those fire lanes as specified by city code or fire district regulations or by conditions of a permit or approval. Allowing fire lane signs and/or markings to become altered, removed, or obscured, including by age or lack of maintenance, is prohibited.
B. The owner or manager of a property that is required to establish designated fire lanes shall keep those designated fire lanes free from obstructions, including barriers, gates, and/or parked vehicles. Allowing obstructions of marked fire lanes is prohibited. (Ord. 404 § 1(Exh. A(part)), 2012)
8.12.090 Enforcement and process.
Violations of this chapter shall be subject to the following procedures:
A. Violators of this chapter shall be notified and served with a notice of violation and order of correction as provided for in BMC 1.32.050.
B. Any appeal of the determinations in the notice of violation and order of correction shall follow the appeals process in accordance with provisions of Chapter 1.32 BMC.
C. Failure to comply with the notice of violation and order of correction shall constitute a nontraffic civil infraction and shall be punished in accordance with the provisions of Chapter 1.28 BMC. The first offense for a violation of this chapter shall constitute a Class A nontraffic civil infraction. Any failure to abate in accordance with an order of correction shall be punished as a Class C nontraffic civil infraction. The continued failure to abate after the issuance of a Class C nontraffic civil infraction shall constitute a misdemeanor.
D. Repeat offenses as defined in BMC 1.32.010 of the violation any provision of this chapter shall be a misdemeanor which shall be punished in accordance with the provisions BMC 1.28.030(A). Repeat violations shall not require a notice of violation and order of correction before the issuance of a misdemeanor citation.
E. The remedies and penalties stated in this section are not exclusive, and the city reserves the right to abate a public or private nuisance, or other violation of this chapter, by any and all remedies at law or in equity, including but not limited to Chapter 7.48 RCW and RCW 35.21.310. (Ord. 435 § 2 (Exh. B) (part), 2016: Ord. 404 § 1(Exh. A(part)), 2012)
Prior legislation: Ord. 28.E.
For nuisance regulations regarding animals, see BMC Title 6, Animals.