Chapter 8.35
PUBLIC NUISANCES

Sections:

8.35.010    Unlawful public nuisances declared.

8.35.020    Definitions.

8.35.030    Enforcement and violations.

8.35.010 Unlawful public nuisances declared.

It shall be a public nuisance for any person owning, occupying, leasing or having charge or possession of any property in the City to maintain or allow to be maintained on such property where visible from a public street, right-of-way, Lake Washington, Sammamish River, or public/private ingress/egress easement any of the following conditions:

A. Public Nuisances.

1. The accumulation of weeds contained in the then-current King County Noxious Weeds List or contained within then-current Chapter 16-750 WAC, Noxious Weed List Classes A, B, C.

2. Neglected or improperly maintained landscaping, including but not limited to dead, debris-laden, weed-infested or overgrown vegetation, such as trees, shrubs, hedges, grass and ground covers, or vegetation dying as a result of physical damage, disease, insect infestation or lack of water. For purposes of this subsection, a lawn area shall be deemed overgrown if 50 percent or more of its area exceeds 12 inches in height.

3. Any vegetation that is growing rampant and unmaintained so as to provide unsightly, unsanitary and/or unsafe conditions, is destructive to other vegetation, that blocks public rights-of-way as described in KMC 12.70.040, that blocks the sight lines within the public rights-of-way, or that impacts or threatens to impact public utilities.

4. Except when placed there for removal for a period of less than 14 days, the exterior accumulation of broken, abandoned or discarded furniture or other household equipment or fixtures, packing boxes, lumber, junk, trash, rubbish or other materials or debris. Prohibited actions include the dumping, spillage or storage of solids or liquids, which may negatively impact the visual or olfactory nature of the area.

5. Storage or maintenance in a residential zone of any metal storage bin or container with a horizontal surface area of 120 square feet or greater (10 by 12).

6. Open storage of rubbish or junk including, but not limited to, refuse, garbage, scrap metal or lumber, concrete, asphalt, tin cans, tires and piles of earth, not including compost bins.

7. Combustible material likely to become easily ignited or debris resulting from any fire and which constitutes a fire hazard, as defined in the fire code as adopted by the City pursuant to KMC 15.10.010.

8. Abandoned vehicles, wrecked, dismantled or inoperative vehicles or remnant parts thereof.

9. The exterior storage or maintenance of parts or machinery of any type or description unless specifically authorized by a City license or permit; building materials or merchandise unless specifically authorized by use permit; or construction equipment except while excavation, construction, or demolition operations covered by an active building permit or other City permit are in progress on the subject or adjoining property.

10. The exterior storage of used tires in a manner that allows accumulation of water that may create a health hazard.

B. Unsafe Structures or Buildings.

1. Buildings, fences or other structures which are cracked, broken, leaning, fallen, decayed, deteriorated or defaced or in any condition that poses a life/safety hazard or attractive nuisance to children.

2. Any condition constituting a “substandard building” as defined in the adopted codes referenced in Chapter 15.20 KMC.

C. Vehicles, Boats, Trailers or Other Mobile Equipment Storage Which Presents Potential Public Health, Safety or Fire Hazards.

1. The parking or storage of any vehicle, boat, trailer, camper, motor home, or other mobile equipment, whether or not motorized, or portions or parts and components thereof, on property used or zoned for residential purposes, if:

a. Located on any front lawn or front yard; or

b. Located in any side or rear yard so as to prevent a three-foot-wide continuous fire access way from the front of the property.

D. Right-of-Way or Public Property Encroachment. Obstruction or encroachment upon any public property, including but not limited to any public street, sidewalk, highway, right-of-way, park or building, without prior City consent. Such obstructions or encroachments include but are not limited to overgrown trees and shrubs, building materials, merchandise or other personal property and buildings or portions of buildings or structures, fences or retaining walls protruding onto public property.

E. Other Nuisances.

1. Land, as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to the public health, safety, and welfare or to public properties or rights-of-way.

2. Maintenance of any substance which because of its quantity, concentration or physical, chemical or infectious characteristics may either cause, or substantially contribute to, an increase in mortality or serious illness or pose a significant present or potential hazard to human health or the environment if improperly managed.

3. The existence of any property condition which is unlawful or declared to be a public nuisance pursuant to any other provision of the Kenmore Municipal Code or the Revised Code of Washington (RCW) or the Washington Administrative Code (WAC). This subsection shall be construed to place an affirmative duty on property owners and occupants to maintain their property in conformity with all applicable codes. Each day that any condition which constitutes a public nuisance continues shall be deemed to be a separate violation of this chapter. [Ord. 17-0442 § 7 (Exh. A); Ord. 03-0171 § 1.]

8.35.020 Definitions.

“Graffiti” means any unauthorized inscription, word, figure or design that is written, marked, etched, scratched or drawn or painted on any real or personal property regardless of its content or nature of the material used in the commission of the act.

“Junk” shall mean any cast-off, damaged, discarded, obsolete, salvaged, scrapped, unusable, worn out or wrecked object, thing or material, including tires.

“Property” shall mean any real property or lot or parcel of land, including any alley, sidewalk or parkway abutting such lot or parcel of land.

“Substandard building” shall mean any building or portion thereof that is determined to be an unsafe building in accordance with the adopted codes referenced in Chapter 15.20 KMC, or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extent that endangers life, limb, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be substandard. [Ord. 17-0442 § 8 (Exh. A); Ord. 03-0171 § 2.]

8.35.030 Enforcement and violations.

Violations of this chapter shall be processed pursuant to Chapter 1.20 KMC as now in effect, or as may be subsequently amended. [Ord. 03-0171 § 3.]