Chapter 11.30
NUISANCE

Sections:

11.30.010    Purpose.

11.30.020    Definitions.

11.30.030    Assessment.

11.30.040    Notice and opportunity to cure.

11.30.050    Failure to cure.

11.30.060    Additional time.

11.30.070    Approval of plan to abate nuisance.

11.30.080    Time to abate nuisance.

11.30.090    Failure to develop acceptable plan.

11.30.100    Tribe’s authority to recover its costs.

11.30.110    Successive owners liable.

11.30.120    Nuisance not legalized by lapse of time.

11.30.130    Abatement does not preclude action for damages.

11.30.140    Authority to abate nuisances supplements other authorities.

11.30.010 Purpose.

The purpose of this chapter is to protect the health, safety, and welfare of all the residents of the Chehalis Reservation and those lands held in trust for the benefit of the Tribe, and particularly the members of the Chehalis Tribe. [Res. 2011-020; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.010.]

11.30.020 Definitions.

The following terms when used in this chapter shall have the meaning set forth in this section:

“Nuisance” is defined as:

A. The maintenance on real property of one or more conditions that:

1. Unreasonably threaten the health or safety of the public or neighboring land users; or

2. Unreasonably and substantially interfere with the ability of neighboring property users to enjoy the reasonable use and occupancy of their property; or

B. Instances where a person or entity abandons, releases, or otherwise neglects to secure and/or manage their animals and/or livestock, including failure to prevent harm to animals during flood events that impact Tribal lands. [Res. 2016-17; Res. 2011-020; Res. 2009-13; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.020.]

11.30.030 Assessment.

The Planning Department of the Chehalis Tribe shall conduct a survey and assessment of conditions on real property, within the Tribe’s jurisdiction, that constitute a nuisance. The Department shall update this survey from time to time, as necessary. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.030.]

11.30.040 Notice and opportunity to cure.

A. Owners of real property containing conditions determined by the Planning Department to constitute a nuisance shall be given notice of the conditions constituting a nuisance and an opportunity to cure the conditions within 30 days of receipt of notice.

B. The Tribe may act immediately to cure any nuisance that presents an imminent danger that would result in the impairment of the health, safety, and welfare of the residents of the Tribe’s jurisdiction, including, but not limited to, actions necessary to mitigate potential harm caused to the population, wildlife, and animals on Tribal lands during periods of flooding. [Res. 2016-17; Res. 2011-020; Res. 2009-13; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.040.]

11.30.050 Failure to cure.

If the landowner fails to cure the conditions causing the nuisance within 30 days of the receipt of notice, then the Tribe may remove, demolish, or otherwise cure the nuisance at the landowner’s expense. [Res. 2011-020; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.050.]

11.30.060 Additional time.

If, within 30 days of receipt of notice, the landowner determines that it will not be possible to eliminate the conditions causing the nuisance, then the landowner may request up to an additional 30 days within which to either cure the nuisance or develop a plan to abate the nuisance. The Planning Department shall determine whether an extension is warranted and the length of time allowed. [Res. 2011-020; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.060.]

11.30.070 Approval of plan to abate nuisance.

The Planning Department shall have up to 10 business days to approve, reject, or set conditions upon its approval of the plan. The landowner shall have five business days within which to accept or reject any conditions set by the Planning Department or to eliminate any defects in its plan identified by the Department. [Res. 2011-020; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.070.]

11.30.080 Time to abate nuisance.

Once the Planning Department has approved or conditionally approved a plan, the landowner shall have no more than 150 days to cure the conditions causing the nuisance. If the landowner received a 30-day extension for plan development, then the landowner shall be allowed no more than 120 days to abate the nuisance. [Res. 2011-020; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.080.]

11.30.090 Failure to develop acceptable plan.

If the landowner fails to submit an acceptable plan and/or fails to revise the plan so that it may be approved, then the landowner shall be obligated to remove or demolish the nuisance within 30 days. If the landowner fails to remove or demolish the nuisance, then the Tribe may remove or demolish the nuisance at the landowner’s expense. [Res. 2011-020; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.090.]

11.30.100 Tribe’s authority to recover its costs.

The Tribe may recover any costs it incurs in abating a nuisance by any legal means, including getting a judgment against the property or levying against the assets of the landowner. In addition, the Tribe may levy upon the materials of buildings, fences, or other things that may be removed as a nuisance, as a means of defraying some or all of the costs of removing the nuisance. If any proceeds remain after the Tribe’s costs have been reimbursed, they shall be paid to the landowner. [Res. 2011-020; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.100.]

11.30.110 Successive owners liable.

Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of such property caused by a former owner, is liable therefor in the same manner as the one who first created the nuisance. [Res. 2011-020; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.110.]

11.30.120 Nuisance not legalized by lapse of time.

No lapse of time can legalize a nuisance. [Res. 2011-020; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.120.]

11.30.130 Abatement does not preclude action for damages.

The abatement of a nuisance does not prejudice the right of the Tribe or any person to recover damages for its past existence. [Res. 2011-020; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.130.]

11.30.140 Authority to abate nuisances supplements other authorities.

The Tribe may use its authority to abate nuisances in addition to any other authorities it may have under Tribal law, including its water quality regulatory authorities under Chapter 11.50 CTC. [Res. 2011-020; Res. 2006-63; Res. 2006-40. Prior code § 7.2.1.140.]