Chapter 8.45
NUISANCES

Sections:

8.45.010    Purpose.

8.45.015    Declaration of nuisance.

8.45.020    Definitions.

8.45.030    Repealed.

8.45.035    Repealed.

8.45.040    Repealed.

8.45.050    Repealed.

8.45.060    Repealed.

8.45.070    Enforcement procedures.

8.45.080    Repealed.

8.45.010 Purpose.

The purpose of this chapter is to establish an efficient system to enforce the development, land use, and public health regulations of the city, to provide an opportunity for a prompt hearing and decision on alleged violations of these regulations, and to establish penalties for violations, including abatement of any affected properties. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.015 Declaration of nuisance.

All violations of city of Burien ordinances are found and declared to be detrimental to the public health, safety, and welfare and are further found and declared to be nuisances. It is unlawful and a violation of this chapter, whether by act or omission, to cause, create, maintain, suffer, or allow a nuisance to occur, exist, or remain. Each day any person allows or fails to abate such nuisance after notice shall constitute a separate violation. Nuisances create public harm. Prevention and correction of nuisances are necessary to prevent public harm. For purposes of this chapter, “public nuisances” and “private nuisances” shall have the same meaning. [Ord. 561 § 2 (Exh. A), 2012; Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.020 Definitions.

As used in this chapter, unless a different meaning is plainly required:

(1) “Act” means doing or performing something.

(2) “Applicable department director” means the city manager or his designee, including any department director or other designee, empowered by ordinance or by the city manager to enforce a city ordinance or regulation.

(3) “Development” means the erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of any land above, at or below ground or water level, and all acts authorized by a city regulation.

(4) “Emergency” means a situation which in the opinion of the applicable department director requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons or property.

(5) “Nuisance” (also referred to herein as “violation” or “nuisance violation”) means:

(a) A violation of any city of Burien ordinance;

(b) Doing an act, omitting to perform any act or duty, or permitting or allowing any act or omission, which annoys, injures, or endangers the comfort, repose, health or safety of others, is unreasonably offensive to the senses, or which obstructs or interferes with the free use of property so as to interfere with or disrupt the free use of that property by any lawful owner or occupant; or

(c) The existence, without limitation, of any of the following conditions:

(i) Trash Covered Premises. Any premises containing trash or abandoned materials, except that kept in garbage cans or containers maintained for regular collection;

(ii) Dangerous Structures. Any dangerous, decaying, unkempt, falling or damaged dwelling, fence, or other structure;

(iii) Potential Vermin Habitat or Fire Hazard. Any accumulation of material on a property including, but not limited to, animal matter, ashes, bottles, boxes, broken stone, building materials which are not properly stored or neatly piled, cans, cement, crates, empty barrels, dead animals or animal waste, glass, litter, mattresses or bedding, old appliances or equipment or any parts thereof, furniture, iron or other scrap metal, packing cases, packing material, plaster, plastic, rags, wire, yard waste or debris or other objects which endanger property or public safety, or constitute a fire hazard or vermin habitat; provided, that nothing herein shall prevent the temporary retention of waste in approved, covered receptacles;

(iv) Junk Vehicles. Any wrecked, inoperable, abandoned or disassembled trailer, house trailer, boat, tractor, automobile or other vehicle, or any parts thereof. A junk vehicle includes apparently inoperable, immobile, disassembled or extensively damaged vehicles. Evidence of inoperability and damage includes, but is not limited to, a buildup of debris that obstructs use, a broken window or windshield, a missing wheel, a flat tire, a nonfunctional motor or transmission, missing bumpers, or missing license plates; provided nothing herein shall prevent the keeping or storage of any vehicle on private property which is screened from view;

(v) Attractive Nuisances. Any attractive nuisance which may prove detrimental to children, whether in or on a building, on the premises of a building, or upon an unoccupied lot, which is left in any place exposed or accessible to children. This includes unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; and any lumber, trash, debris or vegetation which may prove a hazard for minors;

(vi) Obstructions to the Public Right-of-Way. Use of property abutting a public street or sidewalk or use of a public street or sidewalk which causes any obstruction to traffic or to open access to the streets or sidewalks; provided, that this subsection shall not apply to events, parades, or the use of the streets or public rights-of-way when authorized by the city. This section includes the existence of drainage onto or over any sidewalk, street or public right-of-way, and the existence of any debris or plant growth on sidewalks adjacent to any property;

(vii) Vegetation. Any noxious or toxic weed or uncultivated plant, weeds or tall grass which may be a fire hazard, or any tree which is in danger of falling and creates a substantial risk of damage or injury;

(viii) Illegal Dumping. Dumping of any type by any person on public or private property not registered as a legal dump site; and

(ix) Dumping in Waterways. Dumping, depositing, placing or leaving of any garbage, ashes, debris, gravel, earth, rock, stone or other material upon the banks, channels, beds or bars of any navigable water; or the felling of any tree or trees, so that the same shall in whole or in part project within the high water bank of any navigable watercourse; or the casting, placing, depositing or leaving of any logs, roots, snags, stumps or brush upon the banks or in the bed or channel of any navigable watercourse.

(6) “Omission” means a failure to act. [Ord. 561 § 2 (Exh. A), 2012; Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.030 Voluntary correction.

Repealed by Ord. 561. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.035 Administrative notice and order.

Repealed by Ord. 561. [Ord. 383 § 1, 2003]

8.45.040 Filing of nuisance abatement action in district court.

Repealed by Ord. 561. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.050 Hearing before the district court.

Repealed by Ord. 561. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.060 Abatement by the city.

Repealed by Ord. 561. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.070 Enforcement procedures.

This chapter shall be enforced as provided in Chapter 1.15 BMC. The provisions of this chapter are not exclusive and may be used in addition to other enforcement provisions authorized by the Burien Municipal Code except as precluded by law. [Ord. 561 § 2 (Exh. A), 2012; Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.080 Conflicts.

Repealed by Ord. 561. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]