Chapter 8.26
NUISANCES

Sections:

8.26.010    Construction.

8.26.020    Definitions.

8.26.030    Nuisances unlawful.

8.26.040    Exempted acts.

8.26.050    Prohibited conduct.

8.26.060    Authorized act not a nuisance.

8.26.070    Successive owners or occupant liable.

8.26.075    Violations, penalties and enforcement.

8.26.080    Repealed.

8.26.090    Repealed.

8.26.100    Repealed.

8.26.110    Repealed.

8.26.120    Repealed.

8.26.130    Repealed.

8.26.140    Repealed.

8.26.010 Construction.

This chapter is an exercise of the police power of the city of Chelan and is deemed necessary for the continued peace, health and welfare of the city. Therefore all of its provisions shall be liberally construed for the accomplishment of such purposes. (Ord. 1119 § 2 (part), 1998).

8.26.020 Definitions.

The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:

A. “Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community.

B. “Building” means any building, dwelling, structure, or mobile home, factory built house, or part thereof, built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

C. “Building materials” means and includes, but is not limited to, lumber, plumbing materials, wall board, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials.

D. “Disposable package or container” means all packages or containers defined as such by rules and regulations adopted by the State of Washington Department of Ecology.

E. “Enforcement officer” means the code administrator of the city of Chelan or his/her designee.

F. “Litter” means all waste material including, but not limited to, disposable packages or containers thrown or deposited on public or private property, including depositing handbills on vehicles or public property, but not including the waste of primary processes of mining, logging, saw milling, farming or manufacturing.

G. “Person” means any individual, firm, partnership, corporation, association or other entity, public or private, whether acting by themselves or by a servant or employee.

H. “Premises” means any building, lot parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

I. “Property” means any object of value that a person may lawfully acquire and hold.

J. “Nuisance” means:

1. An act or omission to act, or a condition or use of property which either annoys, injures or endangers the comfort, repose, health or safety of the public; offends public decency; decreases the value of nearby property; or in any way renders other persons insecure in life or in the use of property.

2. The erecting, maintaining, using, placing, depositing, causing, allowing, leaving or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, avenue, alley, park, parkway, public water (including lakes, rivers and/or streams), or other public or private place in the city, any one or more of the following conditions, things, or acts:

a. Accumulations of refuse, except a compost pile so covered or concealed as not to affect the health, safety or depreciation of adjoining property;

b. Burning or disposal of refuse or other material in such a manner as to cause or permit dense smoke, ashes, soot or gases arising from such burning or disposal to become annoying or endangering the health, comfort or repose of any person or the general public, or which threatens to burn vegetation or structures on neighboring properties. The burning of small amounts of weeds, twigs, grass, or other material resulting from the normal tending of lawns or gardens is allowed;

c. Carcasses of animals not buried or destroyed within twenty-four hours after death;

d. Trees, plants, shrubs or vegetation, or parts thereof overhanging a public sidewalk or street which are less than ten feet above the surface of said sidewalk, or less than twelve feet above the surface of said street;

e. The existence of any vines or climbing plants growing into or over any street, public hydrant, power or light pole; or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, stand pipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto; or obstruct or interfere with the proper diffusion from the light from any street lamp;

f. Any use of property abutting on a public street or sidewalk or any use of public street or sidewalk which causes any obstruction of traffic and the free use of the streets or sidewalks; provided, that this subsection shall not apply to events, programs or parades authorized by the city council;

g. Any poisonous or harmful substance which is reasonably accessible to persons or to animals;

h. Any attractive nuisances which may prove detrimental to children which is left in any place exposed or accessible to children. This includes, but is not limited to, unused or abandoned refrigerators, freezers, or like containers, or other large appliances or equipment or 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; any lumber, trash, debris or vegetation which may prove a hazard for minors;

i. The existence of any dead, diseased, infested or dying tree or other vegetation that may constitute a danger to property or persons;

j. The existence of any fence or other structure which creates any traffic safety problem through obscured sight distance;

k. The existence of any fence or other structure or thing which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition on private property abutting or fronting upon any public street, sidewalk or place;

l. The existence of any fence or other structures located in a public right-of-way without specific approval from the city;

m. Any accumulation of material on 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 covered receptacles approved by the building official;

n. Any dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings, or any building, structure, or addition to such, commenced and left unfinished six months beyond the expiration of the building permit issued for that building or twelve months from the date of building commencement if no building permit was required to be issued;

o. The nonemergency repair of an automobile, truck or other motor vehicle of any kind upon the public streets, alleys or other public property of the city;

p. The erection, continuance or use of any building, room or other place in the city for the exercise of any trade, employment or manufacture which, by producing noxious fumes, offensive odors or other annoyances, is discomforting, offensive or detrimental to the health of individuals or of the public;

q. Any unguarded or abandoned excavation, pit, well, or holes which would endanger health or safety;

r. Dumping, depositing, placing or leaving of any litter, refuse, 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;

s. Any condition prohibited by Section 17.04.065, relating to the keeping of livestock and poultry;

t. Grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died which constitute a fire hazard or a menace to public health, safety or welfare.

3. Violating the rules regarding the conduct of sidewalk business activities in the high density commercial district of the city, as set out in Chapter 5.60.

4. The failure to comply with the requirements of maintaining a key box and the updating of keys for said key box, as described in Chapter 15.14.

5. The declaration of any activity or condition as constituting a nuisance in any other portion of the Chelan Municipal Code.

K. “Person responsible for the violation” means any person who has an interest in or resides on the property, whether as owner, lessor, tenant, occupant or other person entitled to control, use and/or occupy the property.

L. “Refuse” means vegetable offal, animal offal, discarded food, cans, bottles, waste paper, boards and boxes, tree limbs and all other waste substances from private and public establishments and from residences; but shall not include small amounts of weeds, twigs, grass, or other material resulting from the normal tending of lawns or gardens.

M. “Repeat violation” means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought or a notice of civil violation has been issued, within the immediately preceding twelve-consecutive-month period.

N. “Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (Ord. 1502 § 4 (Exh. B), 2015; Ord. 1474 § 2, 2014; Ord. 1404 § 3, 2010; Ord. 1361 § 2, 2008; Ord. 1314 § 2, 2005; Ord. 1119 § 2 (part), 1998).

8.26.030 Nuisances unlawful.

Unless otherwise permitted by law and whenever the enforcement officer determines that any nuisance exists upon any premises, the enforcement officer may require or provide for the abatement thereof pursuant to this chapter. (Ord. 1119 § 2 (part), 1998).

8.26.040 Exempted acts.

This chapter shall not apply to the United States, the state of Washington, Chelan County, the city of Chelan, or any of their respective officers, employees or contractors when engaged in snow removal, street cleaning, emergency repair to any street, building or structure, fire suppression, or any other emergency for the preservation of life or property. (Ord. 1119 § 2 (part), 1998).

8.26.050 Prohibited conduct.

It shall be unlawful for any person responsible for the violation to create, permit, maintain, suffer, carry on or allow, upon any premises, any of the acts or things declared by this chapter to be a nuisance or to violate any of the provisions of this chapter. (Ord. 1119 § 2 (part), 1998).

8.26.060 Authorized act not a nuisance.

No act which is done or maintained under the express authority of a statute or ordinance can be deemed a nuisance. (Ord. 1119 § 2 (part), 1998).

8.26.070 Successive owners or occupant liable.

Every successive owner or occupant of property or premises 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 it. (Ord. 1119 § 2 (part), 1998).

8.26.075 Violations, penalties and enforcement.

Except as otherwise expressly provided, any violations of this chapter shall be enforced according to the uniform procedures set out in Chapter 2.80. (Ord. 1502 § 5 (Exh. T), 2015).

8.26.080 Abatement does not preclude action for damages.

Repealed by Ord. 1502. (Ord. 1119 § 2 (part), 1998).

8.26.090 Voluntary correction.

Repealed by Ord. 1502. (Ord. 1119 § 2 (part), 1998).

8.26.100 Notice of civil violation.

Repealed by Ord. 1502. (Ord. 1119 § 2 (part), 1998).

8.26.110 Hearing before the court.

Repealed by Ord. 1502. (Ord. 1119 § 2 (part), 1998).

8.26.120 Abatement by the city.

Repealed by Ord. 1502. (Ord. 1119 § 2 (part), 1998).

8.26.130 Additional enforcement procedures.

Repealed by Ord. 1502. (Ord. 1119 § 2 (part), 1998).

8.26.140 Conflicts.

Repealed by Ord. 1502. (Ord. 1119 § 2 (part), 1998).