Chapter 10.08
NUISANCES*

Sections:

10.08.010    Repealed.

10.08.020    Repealed.

10.08.030    Repealed.

10.08.040    Repealed.

10.08.050    Repealed.

10.08.060    Severability.

10.08.070    Violation – Penalty.

10.08.080    Caterpillars as public nuisance – Abatement procedure.

10.08.090    Junk vehicle as public nuisance.

10.08.100    Junk vehicle defined.

10.08.110    Junk vehicles certification.

10.08.120    Junk vehicle – Abatement and removal notice, hearing.

10.08.130    Junk vehicle – Designated disposal site.

10.08.140    Removal of junk vehicle or parts thereof.

10.08.150    Junk vehicle – Cost assessment.

10.08.160    Junk vehicle – Abatement and removal exception.

10.08.190    Junk defined.

10.08.200    Public nuisance defined.

10.08.210    Permitting – Maintaining.

10.08.220    Abatement/violation – Order.

10.08.230    Abatement – Failure – Penalty.

10.08.240    Abatement – Immediate.

10.08.250    Abatement by city – Safeguards.

10.08.260    Abatement – Cost.

*For provisions regarding dog nuisances, see LMC Title 6; for penalty for violations, see Chapter 10.04 LMC; for power to declare an act or thing a nuisance, see RCW 35.24.330.

10.08.010 Public nuisance defined.

Repealed by Ord. 2011.

10.08.020 Public nuisances affecting health.

Repealed by Ord. 2011.

10.08.030 Public nuisances affecting morals and decency.

Repealed by Ord. 2011.

10.08.040 Public nuisances affecting peace and safety.

Repealed by Ord. 2011.

10.08.050 Methods of abatement.

Repealed by Ord. 2011.

10.08.060 Severability.

Every section, provision or part of this chapter is declared separable from every other section, provision or part; and if any section, provision or part hereof shall be held invalid, it shall not affect any other section, provision or part not declared invalid. (Ord. 2187 § 1, 1998; Ord. 42 § 7, 1959)

10.08.070 Violation – Penalty.

Unless otherwise provided by this chapter, any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction, shall be fined not more than $300.00, or be imprisoned in the city jail for not more than 90 days, or be both so fined and imprisoned. (Ord. 2187 § 1, 1998; Ord. 2164 § 9, 1997; Ord. 744 § 2, 1974)

10.08.080 Caterpillars as public nuisance – Abatement procedure.

A. The following is declared to be a nuisance affecting public peace, safety and welfare: to own or occupy any premises upon which there shall be any trees or shrubbery which have become infected by caterpillars. It shall be the duty of every person owning or occupying any premises in the city of Lynnwood on which there shall be growing any fruit, shade or forest trees or shrubbery of any kind, to keep the same free from caterpillars, and in the event it is found that any fruit, shade or forest trees or shrubbery have become infected with caterpillars, it shall be unlawful for the owner or occupant of any such premises on which there shall be growing any such trees or shrubbery to fail or neglect to promptly take and use such methods as may be necessary to effectually destroy such caterpillars, or to in lieu thereof destroy such trees or shrubbery.

B. Failure to Eliminate Caterpillars. Should any property owner or tenant in possession, after having been given seven days’ written notice signed by the chief of police or other person designated by the chief of police, fail to eliminate and eradicate caterpillars on said property owned or occupied in the city of Lynnwood, a criminal citation shall be issued for violation of the provisions of this chapter.

C. Contents of Notice. Said notice shall describe by street address and/or general terms the property involved and the condition of infestation or presence of caterpillars, and shall require that the owner cause the condition to be eliminated within such period of time as is designated on the notice which shall be seven days; the notice shall further provide that if said condition is not eliminated within seven days, then a criminal citation shall be issued charging the owner and/or tenant in possession with a violation of the laws of the city of Lynnwood punishable by imprisonment and/or fine. The notice shall further provide that a criminal citation will not issue if:

1. On or before the date specified on the written notice, the property owner provides written proof to the chief of police or other person designated by the chief of police that the condition was treated by a sprayer or pesticide applicator licensed by the state of Washington; or

2. The chief of police or other person designated inspects the property on or as soon after the date specified for elimination of the problem in the written notice and determines that the condition is eliminated.

The notice shall further provide that a recurrence or failure of the corrective measures to eliminate the condition will result in issuance of other correction notices and/or criminal citations.

D. Service of Notice. The notice provided for in subsection (C) of this section shall be served by delivering the notice or a copy thereof to the owner personally if the owner be in possession of the premises, or by leaving the same at his place of residence with a person of suitable age or discretion, or to the tenant in possession, or by leaving the same at his residence with a person of suitable age or discretion, or if the owner or tenant or a person of suitable age and discretion cannot be found then by affixing a copy of the notice in a conspicuous place on the premises involved and mailing a copy thereof to the owner at his last known place of residence, if any, or to the person whose name appears on the current assessment roll of the county assessor, relating to the property involved.

E. Penalty for Violations. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $250.00 only. (Ord. 2187 § 1, 1998; Ord. 847 §§ 1 – 3, 1976)

10.08.090 Junk vehicle as public nuisance.

The following is declared to be a nuisance affecting public peace, safety and welfare; junk vehicles as defined below or parts thereof located on private property. (Ord. 2187 § 1, 1998; Ord. 1573 § 7, 1987)

10.08.100 Junk vehicle defined.

“Junk vehicle” means a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements:

A. Is three years old 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. (Ord. 2187 § 1, 1998; Ord. 2011 § 3, 1994; Ord. 1573 § 8, 1987)

10.08.110 Junk vehicles certification.

The Lynnwood police department may inspect and certify that a vehicle meets the requirements of a junk vehicle. The officer making the certification shall record the make and vehicle identification number or license number of the vehicle if available, and shall also describe in detail the damage or missing equipment to verify that the value of the junk vehicle is equivalent only to the value of the scrap in it. (Ord. 2187 § 1, 1998; Ord. 1573 § 9, 1987)

10.08.120 Junk vehicle – Abatement and removal notice, hearing.

A. Upon certification by the Lynnwood police department that a vehicle is a junk vehicle, notice shall be provided to the last registered owner of the vehicle and to the property owner of record that the vehicle has been certified to be a junk vehicle and that it will be removed and disposed of as a junk vehicle within 14 days of receipt of said notice unless the owner of the vehicle or the property owner requests a hearing to contest the abatement and removal of the vehicle or part thereof. Such hearing, if requested, shall be heard by a city hearing examiner appointed for such proceedings.

B. If a timely request for a hearing is received by the city, the city shall mail by certified mail, with a five-day return receipt requested, and by regular mail to (1) the owner of the land, as shown on the last equalized assessment roll, (2) the person requesting the hearing, and (3) the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership, notice of the time, location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance.

C. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land with his reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he/she has not subsequently acquiesced in its presence, then neither the land owner nor the property owner shall be assessed the costs of administration or removal of the vehicle. (Ord. 2187 § 1, 1998; Ord. 1573 § 10, 1987)

10.08.130 Junk vehicle – Designated disposal site.

Tow truck operators with a letter of appointment from the city shall, upon request of the city police department, remove to a disposal site designated junk vehicles or parts thereof. Costs of such removal shall be recovered by the tow truck operators in accordance with RCW 46.55.130 as now or hereafter amended. (Ord. 2187 § 1, 1998; Ord. 1573 § 11, 1987)

10.08.140 Removal of junk vehicle or parts thereof.

After notice as provided herein has been given of the intent of the city to dispose of a junk vehicle and after a hearing, if requested, has been held, the police department shall make arrangements with a tow truck operator to remove said vehicle or part to a disposal site. The police department shall notify the Washington State Patrol and the Department of Licensing that said vehicle has been wrecked. (Ord. 2187 § 1, 1998; Ord. 1573 § 12, 1987)

10.08.150 Junk vehicle – Cost assessment.

Costs of abatement and removal may be assessed against the last registered owner of the vehicle or parts thereof if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.100, or the costs may be assessed against the owner of the property on which the vehicle is stored. (Ord. 2187 § 1, 1998; Ord. 1573 § 13, 1987)

10.08.160 Junk vehicle – Abatement and removal exception.

The abatement and removal of junk vehicles shall not apply to:

A. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

B. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130. (Ord. 2187 § 1, 1998; Ord. 1573 § 14, 1987)

10.08.190 Junk defined.

For the purposes of this chapter, “junk” is defined to include all abandoned motor vehicles and any vehicle parts, and all motor vehicles incapable of being presently operated and driven, all appliances or parts thereof, broken or discarded furniture, mattresses, and all iron or other metal, glass, paper, wire, cardboard, lumber, wood, building materials, and all waste or discarded material. Lumber and wood being used for an immediate construction project pursuant to a valid building permit is exempt. (Ord. 2187 § 1, 1998)

10.08.200 Public nuisance defined.

A. Every act unlawfully done and every omission to perform a duty, which act or omission does any of the following, shall constitute a public nuisance:

1. Injures, endangers or unreasonably annoys the safety, health, comfort, or repose of the citizens of the city; or

2. Offends public decency; or

3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a public park, street, alley, highway, stream, canal, or basin; or

4. In any way renders any citizens of the city insecure in life or use of property.

B. The following acts, omissions or conditions, in addition to any others in violation of subsection (A) of this section, shall constitute a public nuisance:

1. Throwing, depositions, exposing, or causing to be disposed of, in any street or other public place within the city, any garbage, waste, refuse, litter, debris, or other offensive material, unless the disposal of such items in such place is specifically authorized by law;

2. Causing or allowing garbage, waste, refuse, litter, debris, or other offensive materials to be collected or deposited, or to remain in any place in the city, to the annoyance of any person, unless otherwise permitted by law;

3. Erecting, continuing, or using any building, room, property, or other place in the city for the exercise of any trade, employment, or manufacture which results in offensive odors or other annoyances being released, and which annoys, injures, or is offensive or detrimental to the health of the individuals there employed or residing, or the public;

4. Burning of refuse or other material in such a manner as to cause or permit the smoke, ashes, or gases arising from such burning to become discomforting or annoying, or to injure or endanger the health of any person or neighborhood;

5. All houses, rooms, booths, or other structures used as a place of resort where disorderly persons are allowed to congregate, or in which drunkenness is carried on or permitted;

6. Any pit, basin, hole, or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law;

7. All obstructions to streets, rights-of-way, or other public ways in the city, and all excavations in or under the same, which are by ordinance prohibited, or which may be made without lawful permission, or which, having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time;

8. Erecting, maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the city, any one or more of, but not limited to, the following conditions or things:

a. Any unsound, putrid, or unwholesome bone, meat, hides, skin, or the whole or parts of any dead animal or fish, or any unsound, putrid, or unwholesome substance; or the offal, garbage, or other offensive parts of any animals; or any noxious, offensive, dangerous or otherwise injurious chemicals or other materials such as oil, grease, poisons, explosives, radioactive materials, and other similar substances in such a manner as to be offensive or injurious to public health, or unpleasant or disagreeable to the adjacent residences or persons;

b. Any cellar, vault, drain, sewer, or septic tank to become, from any cause, noxious, foul, offensive, or injurious to public health, or unpleasant or disagreeable to the adjacent residences or persons;

c. Any noxious, foul, or putrid liquid or substances, or any liquid or substance likely to become noxious, foul, offensive, or putrid, to be discharged, placed or thrown upon or to flow from or out of any premises into, or upon, any adjacent premises, or any public street or alley, or to stand, remain, or be upon any premises;

9. All vacant, unused, or unoccupied buildings and structures within the city, which are allowed to become or remain open to entrance by unauthorized persons or the general public, because of broken, missing, or open doors, windows, or other openings, so that the same may be used by vagrants or other persons in a manner detrimental to the health and welfare of the inhabitants of the city;

10. Any refrigerator, icebox or deep-freeze locker having a capacity of one and one-half cubic feet or more or any other container manufactured, custom-made or homemade designed for storage which is discarded, abandoned or left in any place accessible to children and which has not had the door or latching mechanism removed to prevent the latching or locking of the door;

11. The depositing or allowing of irrigation or other water to run by any street, alley, or other public place, or to cause annoyance, damage, or hazard to any user of the street, alley, or other public place;

12. Vegetation left uncut and/or in an unkempt condition to the extent it creates safety or fire hazards, and/or pest harborages, or otherwise interferes with, annoys, injures or endangers the comfort, repose, health or safety of others, or obstructs or tends to obstruct, or renders dangerous for passage, any sidewalk, street or highway; or in any way renders other persons insecure in life, or in the use and enjoyment of property, shall constitute a public nuisance. The following conditions shall also constitute a public nuisance and are prohibited:

a. Trees, plants, bushes, shrubs, vines, other vegetation or parts thereof which overhang any sidewalk, street, alley or other public way which are growing in such a manner as to cause a sight distance hazard or to obstruct or impair the full use of the sidewalk, street, alley or other public way are declared to be a public nuisance;

b. Trees, plants, bushes, shrubs, grasses, vines, other vegetation or parts thereof that are growing and/or grown and died and are now causing a fire hazard or menace to public health and safety, or are degrading or causing a decline of the character of the neighborhood are also declared to be a public nuisance;

c. Grasses (lawn) within the yards of residential properties which are not maintained at a height of eight inches or less are also declared to be a public nuisance. The intent of this provision is to provide guidance and support for enforcement activities in cases where the city has determined there to be an egregious lack of yard maintenance;

13. The keeping, using, maintaining of any pen, stable, lot, place of premises in which any hog, cattle, or fowl may be confined or kept, in such manner as to be nauseous, foul, or offensive;

14. The keeping or harboring of any animal which by frequent or habitual howling, yelping, barking, or the making of other noises, or the keeping or harboring of any fowl which by frequent or habitual crowing or the making of other noises shall annoy or disturb a neighborhood or any considerable number of persons;

15. To own or occupy any premises upon which there shall be any trees or shrubbery which have become infested by caterpillars. It shall be the duty of every person owning or occupying any premises in the city of Lynnwood on which there shall be growing any fruit, shade or forest trees, or shrubbery of any kind, to keep the same free from caterpillars, and in the event that it is found that any fruit, shade or forest trees, or shrubbery have become infested with caterpillars, it is unlawful for the owner or occupant of any such premises on which there shall be growing any such trees or shrubbery to fail or neglect to promptly take and use such methods as may be necessary to effectually destroy such caterpillars, or to in lieu thereof destroy such trees or shrubbery;

16. On property residentially zoned, or property occupied by a single-family residence or duplex, the parking, storing or allowing to be parked or stored or kept:

a. Any commercial vehicles, as that term is defined in this section; or

b. More than four motor vehicles, but not including any recreational vehicles, trailers, unmounted camper or canopy shells, motor homes, or boats over 14 feet in length; provided, it is an affirmative defense to this section for the total to exceed four motor vehicles by the number of licensed drivers who reside at the residence and whose driver’s licenses are the same as the residence; or

c. A total of not more than three combined number of recreational vehicles, motor homes, trailers, unmounted camper or canopy shells, boats over 14 feet in length; and further provided, that subsections (B)(16)(a) through (c) of this section are subject to the following:

i. One commercial vehicle up to 16,500 pounds gross vehicle weight may be parked on property residentially zoned or property occupied by a single-family residence or duplex; and

ii. Any number of the total allowed may be parked, stored, or located upon a designated driveway as defined in this subsection; and

iii. A total of not more than two of the total allowed may be parked, stored, or located anywhere else on the property within the side or rear yards, subject to requirements of the zoning, building, and fire codes; and

iv. A total of not more than two of the total allowed, and only if they are motor vehicles (not including recreational vehicles, motor homes, trailers, unmounted camper or canopy shells, boats over 14 feet in length), may be parked on private property adjacent to and within 20 feet of the right-of-way so long as:

(A) The area is surfaced by asphalt, concrete, gravel or similar material; and

(B) The parking area is immediately accessible to the traveled portion of the roadway without intervening sidewalk; and

v. Any vehicle, recreational vehicle, trailer, boat, camper, or motor home must be currently licensed and in operable condition;

d. This subsection does not apply to the following:

i. Any vehicle, including recreational vehicles, motor vehicles, trailers, camper shells, or boats, when they are kept or located in or under any lawfully permitted and constructed building;

ii. Temporary parking for a duration not to exceed 12 hours, for example, for temporary repairs, cleaning, or guests, excluding temporary parking of commercial vehicles except as otherwise provided in this section;

iii. Any property or situation where a development regulation applies. For example, the limitation on number of vehicles would not apply at an apartment constructed pursuant to an approved building plan and permit with approved parking plans. For further example, parking would not be allowed in an approved landscaped area;

iv. To allow parking in or on the right-of-way, city-owned property, or fire lanes;

v. To allow the parking of any junk vehicles;

vi. Parking of motorcycles is exempt from this section;

e. “Designated driveway” means the clearly defined roadway leading from the street which is surfaced by asphalt, concrete, gravel or similar material not to exceed 24 feet in width, or otherwise as shown on city-approved building or site plans approved by the public works department. Where there is curb and gutter at the street, the driveway must have an approved curb cut. Where a property has more than one driveway, the vehicles may only be parked in one driveway in the area between the front of the residence or principal structure and the lot front line;

f. “Vehicle” or “motor vehicle” means a currently licensed motorized or nonmotorized conveyance that includes, but is not limited to, an automobile, car, truck, trailer, camper, motorcycle, or watercraft, in operable condition;

g. “Recreational vehicle” means a currently licensed motorized or nonmotorized conveyance that includes, but is not limited to, motor homes, travel trailers, folding tent trailers, truck campers removed from a truck or pickup, horse trailers, boat trailers with or without boats, utility trailers, and similar vehicles;

h. “Commercial vehicle” means any motor vehicle the principal use of which is the transportation of commodities, merchandise, produce, freight, vehicles, animals, passengers for hire, or which is used primarily in construction or farming, including but not limited to bulldozers, backhoes, tractors and cranes. Parking of commercial vehicles on property residentially zoned, or property occupied by a single-family residence or duplex, shall constitute a nuisance and is prohibited. It shall be a defense to a violation of this section that during the entire time that the commercial vehicle was parked in the residential neighborhood, the operator of the vehicle was actively engaged in making a delivery or providing services to residents in the immediate vicinity of where the vehicle was parked;

17. On any property, a recreational vehicle may be used as a dwelling no more than 30 cumulative days within a calendar year. When there is an existing dwelling unit in a permanent structure on the property and said structure is undergoing construction, a recreational vehicle may be used as a dwelling for more than 30 cumulative days within a calendar year. If a recreational vehicle is to be used as a dwelling unit in conjunction with ongoing construction the developer must notify the city at the time of building permit;

18. On any privately owned property, keeping, storing or allowing to be kept or stored any junk that is not wholly enclosed by a sight-obscuring fence (except for gates, which shall remain closed) so as to render the junk not visible to public rights-of-way or to adjacent properties. This section does not apply to any property or situation where a development regulation applies;

19. Using property as a junk yard, or dumping ground, or for the wrecking or disassembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked, or abandoned automobiles, trucks or other machinery of any kind, or of any of the parts thereof unless lawfully licensed to do so;

20. Allowing, retaining or otherwise permitting a building or structure to remain on any lot, site, tract or parcel of land in any zone of the city, if that building or structure meets each of the following four criteria:

a. For one year or more the building or structure has not been legally occupied by a permitted use within the land use zone where it is located; and

b. The building or structure does not meet minimum occupancy standards for a use permitted in the applicable zone; and

c. The value of the improvements needed to bring the building or structure into compliance with the minimum occupancy standards for a use permitted in the applicable zone would exceed 25 percent of the assessed or appraised value, as determined by the community development director or designee; and

d. The building or structure has any exterior openings closed by extrinsic devices, giving the building or structure the appearance that it is not occupied or used for any use allowed by the zoning code at the particular location.

This provision shall not apply to a building or structure listed on the National Register of Historic Places, Washington State Register of Historic Places, Washington State Cultural Resource Inventory, or Snohomish County Cultural Resource Inventory; and

21. Allowing, retaining or otherwise permitting a nonconforming building or structure, as defined in LMC Title 21, to remain on any lot, site, tract or parcel of land in any zone of the city if that building or structure cannot, under the requirements of the zoning code, be restored or repaired to allow occupancy by a use conforming to the zoning code.

This provision shall not apply to a building or structure listed on the National Register of Historic Places, Washington State Register of Historic Places, Washington State Cultural Resource Inventory, or Snohomish County Cultural Resource Inventory.

C. The following acts, in addition to any others in violation of subsection (A) or (B) of this section, constitute a public nuisance:

1. Conditions which are determined by the department director or department head responsible for enforcing an ordinance or chapter of the Lynnwood Municipal Code to be violations of the standards and requirements of the ordinance or code and unreasonably detrimental to the public health and safety, or welfare, so as to constitute a public nuisance. The criteria for determining whether a nuisance exists shall be based on the criteria in subsection (A) of this section and Chapter 7.48 RCW.

D. Any determination of or with respect to a public nuisance is subject to review in accordance with Phase II Process, LMC 1.35.200. (Ord. 3311 § 4, 2018; Ord. 2828 § 1, 2010; Ord. 2822 § 1, 2010; Ord. 2821 § 1, 2010; Ord. 2419 § 1, 2002; Ord. 2187 § 1, 1998; Ord. 2047 § 1, 1995; Ord. 2011 § 2, 1994)

10.08.210 Permitting – Maintaining.

It is unlawful for any person, by himself or by his agents or employees, or as the agent or employee of another person, firm or corporation, to do, or permit to be done, upon any premises over which he/she has control; or to maintain, carry on, suffer, or allow, at any place or places, any of the acts or things declared to be nuisances in this chapter; or to do or cause or permit, or suffer to be done, or to maintain, any act or thing which is detrimental or injurious to public health, or offensive to the sense, or contrary to public decency or morality.

If the owner or agent of any premises has actual or constructive knowledge of the maintenance on or in his premises of any nuisance, as defined in this chapter, he/she shall be deemed one of the persons in control of the premises. (Ord. 2187 § 1, 1998; Ord. 2011 § 2, 1994)

10.08.220 Abatement/violation – Order.

A. Upon the discovery of a nuisance, the chief of police, community development director, fire marshal, their designees, or other proper officer of the city may order the owner or other person creating, keeping, maintaining or permitting the same to abate it, and in default thereof to undertake the abatement on behalf of the city. At least 10 days before he/she commences abatement, save in these cases of immediate necessity, the officer shall notify the person creating, keeping, maintaining or permitting the nuisance, the property owner and any person in possession of the property, if known, of his/her intentions. The notice shall be served personally or by first class mail and shall describe with particularity the nature of the violation, the sections of this code or other law which are being violated and specifying a reasonable time within which the abatement must be accomplished. Such an order is subject to review in accord with the Phase II Process, LMC 1.35.200 et seq.

B. In addition to such other penalties as may be imposed, the hearing examiner or a court entering a finding of creating a public nuisance may order the abatement of the same on such terms and conditions as may be just and equitable. (Ord. 2187 § 1, 1998; Ord. 1994 § 2, 1994)

10.08.230 Abatement – Failure – Penalty.

Any person creating, keeping, or maintaining any nuisance, or permitting, allowing, or suffering any nuisance to be maintained, who neglects or fails to abate or remove the nuisance within 24 hours next after so creating, keeping, or maintaining the nuisance, or permitting, allowing, or suffering the same to be maintained, shall, for each 24 hours thereafter during which the nuisance is continued, be guilty of a separate violation of maintaining a public nuisance. (Ord. 2187 § 1, 1998; Ord. 2011 § 2, 1994)

10.08.240 Abatement – Immediate.

Whenever any code violation causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the city or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the city be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person responsible for the violation. (Ord. 2285 § 2, 1999; Ord. 2187 § 1, 1998; Ord. 2011 § 2, 1994)

10.08.250 Abatement by city – Safeguards.

In any case where a nuisance is to be abated by the chief of police or any other proper officer it shall be the duty of such officer to proceed with due care and without unnecessary destruction of property. He/she shall in all cases be authorized to employ such assistance and adopt such means as may be necessary to effect the entire abatement of the nuisance. (Ord. 2187 § 1, 1998; Ord. 2011 § 2, 1994)

10.08.260 Abatement – Cost.

Every person, firm, or corporation maintaining a nuisance, or permitting, allowing, or suffering a nuisance to be maintained, as prohibited by this chapter or otherwise, shall be liable for all fines, penalties, costs, and expenses for abating the same when the nuisance has been abated by any office of the city. The costs and expenses may be assessed as a part of any prosecution against the party liable and may be recovered as other costs are recovered after they have been assessed; provided, that in such cases, the city shall have been liable in the first instance to pay all costs of the abatement. In all cases where the chief of police, or other office, abates any nuisance, he/she shall keep an account of all expenses attending such abatement and, in addition to other powers given in this chapter to collect such other costs and expenses, may forthwith bring suit for recovery of the costs in any court of competent jurisdiction, in the name of the city, against the person maintaining, keeping, creating, or permitting, allowing, or suffering the nuisance abated, and, upon the collection of the costs by such suit, he/she shall pay the same to the city treasurer. The provisions of this chapter relative to the abatement of nuisances are not exclusive, and all other rights or remedies of the city, or any citizen thereof, relative to abatement of nuisances, are declared to remain in full force and effect. (Ord. 2187 § 1, 1998; Ord. 2011 § 2, 1994)