Chapter 8.04
NUISANCES
Sections:
8.04.040 Enforcement procedures.
8.04.060 Abatement by the town.
8.04.090 No special duty created.
8.04.010 Reservation.
Any action, proceeding or citation, whether civil or criminal, and whether filed before or after the effective date of the ordinance codified in this chapter for any act, omission or occurrence which constitutes a violation of a town of Concrete ordinance, shall not be affected by this chapter, but is reserved. [Ord. 407 § 1, 1996]
8.04.020 Definitions.
As used in this chapter:
(1) “Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such manner and to such an extent as the chief of police or his/her designee in his or her judgment, determines is necessary in the interest of the general health, safety and welfare of the community.
(2) “Building materials” means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.
(3) “Attractive nuisance” means anything which is dangerous to children including, but not limited to, abandoned, broken or neglected equipment, machinery, refrigerators and freezers, excavations, and/or wells or shafts. It shall not include those items which have been rendered harmless and serve only as yard decorations.
(4) “Town” means the town of Concrete, Washington.
(5) “Civil violation” means a violation of a provision of the town of Concrete code for which a monetary penalty may be imposed under this chapter.
(6) “Emergency” means a situation in which the code enforcement officer or his/her designee determines immediate action is required to prevent or eliminate threat to health or safety of persons or property.
(7) “Enforcement officer” means the code enforcement officer or his/her designee.
(8) “Garbage” means all discarded putrescible waste matter, including small dead animals weighing not over 15 pounds, but not including sewage or human or animal excrement, and all discarded nonputrescible waste matter.
(9) “Hazardous trees and vegetation” means any tree or vegetation which by its location on private property poses a threat to the safety and welfare of adjacent property owners, motorists, pedestrians, or the general public, to include trees which have been damaged by adverse weather conditions or acts of God.
(10) “Junk” means discarded, broken or disabled material including, but not limited to, furniture, appliances, toys or other items that are not in functioning condition.
(11) “Junk vehicle” means a vehicle meeting at least three of the following requirements:
(a) Is three years or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to the approximate value of the scrap in it.
(12) “Litter” means discarded waste materials, including but not limited to, paper wrappings, packaging materials, discarded or used bottles and discarded or used cans.
(13) “Person” means any natural person, any corporation, or any unincorporated association or partnership.
(14) “Premises” means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
(15) “Responsible person” means any agent, lessee or other person occupying or having charge or control of any premises.
(16) “Trash” means waste food products and other household garbage. [Ord. 683, 2011; Ord. 407 § 2, 1996]
8.04.030 Nuisances.
(1) No person owning, leasing, renting, occupying or having charge or possession of any real property in the town, including vacant lots, shall maintain or allow to be maintained on any such property, except as may be allowed by any other town ordinance, any of the following:
(a) Junk, trash, litter, boxes, discarded lumber or discarded construction debris;
(b) Attractive nuisances dangerous to children including, but not limited to, abandoned, broken or neglected equipment, machinery, excavations, refrigerators, freezers or any other container which has an airtight door or lid, snap lock or other automatic locking device which may not be released from the inside;
(c) Hazardous trees or any other vegetation which is dangerous to the public safety and welfare, located in any front yard, side yard, rear yard, or vacant lot;
(d) Junk vehicles, as defined herein, which are in public view, or which are maintained in violation of the applicable provisions of the town of Concrete zoning ordinances and regulations.
(2) In addition to those nuisances referenced above, no person owning, leasing, renting, occupying or having charge or possession of any real property in the town, including vacant lots, shall allow any of the following conditions to exist on said property, and the following shall constitute nuisances that are subject to abatement as provided herein:
(a) Any abandoned or unused well, cistern, or storage tank without first demolishing or removing from the town such storage tank or securely closing and barring any entrance or trap door, or filling any well or cistern, or capping the same with sufficient security to prevent access;
(b) Any substance detrimental to health, or any ashes, dirt, filth, cans, glass, rubbish, garbage, decaying animal matter or vegetable matter, or any animal or human excrement, or septic tank effluent in or upon any street, alley, avenue or sidewalk;
(c) Explosives or any explosive or combustible substance made, kept or carried through the streets thereof, in a quantity or manner prohibited by law, and every person who, by carelessness, negligent or unauthorized use or management of any such explosive or combustible substance, injuries or causes injury to the person or property of another shall have committed a public nuisance;
(d) The existence of a sidewalk or portion of a sidewalk adjacent to any premises which is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience in the use of sidewalks;
(e) Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the town;
(f) The existence of caterpillar infestations;
(g) The existence of fruit fly infestations, moths, rust or other tree diseases;
(h) The existence of any conditions which would produce dust or noxious odors; provided, that nothing herein shall be prohibited when done in conjunction with a construction project for which a building permit has been issued and is being prosecuted diligently to completion. However, the contractor and owner shall be responsible for dust control throughout his development area;
(i) The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk, or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition;
(j) The existence of any drainage onto or over any sidewalk, public pedestrian way, street or alley;
(k) The existence of any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles;
(l) The existence of any vines or climbing plants growing into or over any street tree, or any public hydrant, pole or electrolier, or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, standpipe, 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;
(m) The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard;
(n) The existence of any noxious weeds, brush, shrubs;
(o) The existence of any noxious weeds or brush, or excessive accumulation of lawn or yard refuse or other like offensive matter;
(p) The existence of any dead, diseased, infested or dying tree that may constitute a danger to street trees, streets or portions thereof;
(q) The existence of any tree, shrub or foliage, unless by consent of the town, which is apt to destroy, impair, interfere or restrict:
(i) Street, sidewalks, sewers, utilities or other public improvements; or
(ii) Visibility on or free use of, or access to such improvements. [Ord. 407 § 3, 1996]
8.04.040 Enforcement procedures.
(1) Order to Correct Violation.
(a) Issuance. Whenever the code enforcement officer or his/her designee becomes aware that a violation has occurred or is occurring, (s)he may issue a written order to the property owner to correct such violation. The order may be mailed to the property owner by certified mail, return receipt requested, to the last known address of the property owner or personally served upon the property owner. A copy of the written order may also be served on the occupant of any property that is not owner occupied.
(b) Content. The code enforcement officer or his/her designee shall include the following in the order to correct violation:
(i) Name and address of the property owner to whom the order to correct violation is directed; and
(ii) The location of the subject property by address or other description sufficient for identification of the building, structure, premises or land upon or within which the violation has occurred or is occurring; and
(iii) The code section(s) that have been violated; and
(iv) A brief description of the violation; and
(v) A statement of action required to be taken to correct the violation; and
(vi) Date by which compliance is required to avoid monetary penalties. Said date shall be established based upon the time period which, in the discretion of the code enforcement officer or his/her designee, is deemed reasonable to correct the violation; and
(vii) Statement that if the violation is not corrected, a notice of civil violation may issue and that a monetary penalty of $100.00 per day, or portion of a day, during which the violation continues, may be assessed.
(2) Notice of Civil Violation.
(a) Issuance. If the violation is not corrected within the time given by the order to correct violation, a notice of civil violation may be issued to the property owner.
(b) Content. The notice of civil violation shall include the following:
(i) The name and address of the property owner; and
(ii) The location of the subject property by address or other description sufficient for identification of the subject property; and
(iii) The code section that has been violated; and
(iv) A description of the violation; and
(v) A statement that a monetary penalty in an amount per day is assessed against the person to whom the violation is directed for each and every day or portion of a day during which the violation continues; and
(vi) Date by which compliance is required to avoid abatement by the town. This date will be no less than 10 calendar days from the date of the notice to correct violation; and
(vii) A statement that the person to whom the notice of civil violation is directed must correct the violation and may pay the monetary penalty imposed to the town of Concrete or may appeal the notice of civil violation to the town of Concrete town council.
(c) Service of Notice. The code enforcement officer or his/her designee shall serve the notice of civil violation upon the property owner, either by sending a copy by certified mail, return receipt requested, to the last known address of the property owner, or by serving a copy of the notice personally on the property owner. [Ord. 650, 2009; Ord. 407 § 4, 1996]
8.04.050 Appeal procedures.
(1) General. A person to whom the notice of civil violation is directed may appeal by filing a written notice of appeal with the town clerk within 10 calendar days of the date the notice is received, if mailed to the property owner, or 10 calendar days from the date the notice is personally served on the property owner.
(2) Notice of Hearing. The town clerk shall send a notice of hearing by mail, or serve personally upon the property owner no less than five calendar days before the time fixed for the hearing.
(3) Hearing by Town Council.
(a) At the time stated in the notice, the town council will hear all relevant evidence relating to the notice of violation including, but not limited to, any objections, protests or defenses by the property owner. All testimony shall be under oath. Said hearings may be continued from time to time. If continued to a date certain, no new posting of the notice of hearing is required. A tape recorded record shall be made of the hearing.
(b) Finding of a Violation. If the town council finds that a violation exists and that there is sufficient cause to abate the same, the town clerk will prepare written findings and an order within five calendar days which shall specify:
(i) The nature of the violation; and
(ii) The amount of fine per day; and
(iii) The method of abatement; and
(iv) The time by which abatement is to be completed; and
(v) Such other information as is relevant to the findings of the town council.
(4) Appeal to Superior Court. Action taken by the town council constitutes a final decision and shall be appealable only to the Skagit County Superior Court; provided, that any petition for review shall be filed no later than 30 calendar days after the entry of the findings and written order of the town clerk. A copy of the written findings and order shall be sent to all parties of record, including the property owner within five calendar days after the entry thereof. All costs of appeal, including the cost of preparation and certification of the record and proceedings, shall be borne by the appealing party. [Ord. 407 § 5, 1996]
8.04.060 Abatement by the town.
(1) If the violation has not been corrected by the time ordered by the town council, or by the correction date ordered by the notice of civil violation, an abatement notice shall be sent by certified mail, return receipt requested, to the property owner at his/her last known address, or shall be served personally on the property owner no less than 10 calendar days prior to abatement by the town.
(2) The town, its officers, agents or employees are expressly authorized to enter said property for the purposes of abatement of said violation. The abatement notice shall specify the date upon which the town or its officers, agents or employees intend to commence entry onto the property for purposes of abatement.
(3) The actual cost of abatement including, but not limited to, the labor to abate the nuisance, staff time, legal costs, costs of postage and/or service, and any other reasonable incidental cost shall be calculated and added to the monetary penalties. The town may employ appropriate contractors to remove and abate the nuisance and to remedy the situation, and may pass through all costs of such contractors as a cost of abatement. [Ord. 407 § 6, 1996]
8.04.070 Monetary penalties.
(1) Violations shall be assessed at the rate of $100.00 per day, or portion of day thereof, for each and every day after the service of the notice of civil violation, unless appealed to the town council, in which case violations shall be assessed at the rate of $100.00 per day, or portion of day thereof, for each and every day after the town council finds that a violation exists and the findings and order have been served. The town council may also grant an extension of the date upon which fines begin in order to allow for a reasonable period of abatement. Such an extension shall not exceed 10 calendar days.
(2) The monetary penalties constitute a personal obligation of the property owner to whom the order to correct is directed. Any monetary penalty must be paid to the town of Concrete within 10 working days from the date of the original notice of civil violation, or if appealed, within 10 working days of service of the town council order. In the event the town commences legal action to collect any unpaid monetary penalty, the prevailing party shall be entitled to an award of its reasonable attorney’s fees and costs incurred in connection with such action. [Ord. 407 § 7, 1996]
8.04.080 Other remedies.
The civil monetary penalties provided herein shall not be deemed exclusive. The town may, in its discretion, avail itself of any other remedy provided by any other provision of town code, state or federal laws, or common law including, but not limited to, an action for injunctive relief. [Ord. 407 § 8, 1996]
8.04.090 No special duty created.
(1) It is the purpose of this chapter to provide for the health, welfare and safety 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 benefited by the terms of this chapter. No provision or term used in this chapter is intended to impose any duty whatsoever upon the town or any of its officers, agents or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
(2) 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 to the town or its officers, agents and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or be a reason or a consequence of any inspector, notice, order, in connection with the implementation or enforcement of this chapter, or by reason of any action of the town related in any manner to the enforcement of this chapter by its officers, agents or employees. [Ord. 407 § 9, 1996]
8.04.100 Criminal penalty.
Any person who shall maintain or permit a violation of this chapter 30 days following the correction date ordered by any notice of civil violation, or the correction date ordered by the town council or court following any appeal, whichever is later, shall be guilty of a misdemeanor, and shall be punished by a fine not to exceed $1,000 or by imprisonment for a period not to exceed one year in jail, or by both such fine and imprisonment. The remedy set forth in this section shall be in addition to any other penalty provided by this chapter, and not in lieu thereof. [Ord. 407 § 10, 1996]