Chapter 9.53
NUISANCE CODE
Sections:
9.53.030 Unlawful to permit or maintain nuisances.
9.53.040 Public nuisances enumerated.
9.53.060 Complaints and investigation.
9.53.190 Additional enforcement procedures.
9.53.010 Purpose.
To create regulatory procedures to:
A. Maintain and upgrade the enjoyment by the public of public property;
B. Maintain and enhance the value of private property within the boundaries of the city of Milton; and
C. Maintain the health, safety and security of the residents of the city of Milton. (Ord. 1675 § 1, 2006).
9.53.020 Definitions.
“Nuisance” means unlawfully doing an act, or omitting to perform a duty, which act or omission annoys, injures or endangers the comfort, repose, health or safety of others; offends decency; obstructs or tends to obstruct, or render dangerous for passage, any stream or waterway, or any public park, square, or commons, or street, alleyway, or right-of-way; or in any way renders persons insecure in life or in the use of property.
“Public nuisance” means a nuisance which occurs on public property or affects equally the rights of an entire community or neighborhood, although the extent of damage may be unequal. (Ord. 1675 § 1, 2006).
9.53.030 Unlawful to permit or maintain nuisances.
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 has control, or maintain, carry on, suffer or allow any of the acts or things declared to be public nuisances by any chapter of the MMC; 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 senses, 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 public nuisance, as defined in any chapter or section of the MMC, he shall be deemed one of the persons in control of the premises. (Ord. 1675 § 1, 2006).
9.53.040 Public nuisances enumerated.
Public nuisances shall include, but not be limited to, the following:
A. Abandoned, used or unused, discarded or stored icebox, refrigerator, freezer or other containers having a door with a latch or lock that cannot be opened from the inside.
B. The improper storage or keeping of any explosives, chemical substances, mixtures or wastes as defined in the Toxic Substances Control Act, 15 U.S.C. Sections 2601 through 2692; hazardous substances, materials or wastes as defined under the Washington Model Toxics Control Act, Chapter 70.105D RCW, that could reasonably be expected to be harmful or injurious to the public or children that are used, stored or kept on private property or at a construction site or any commercial property in an unlocked enclosure or in such a manner that it could reasonably be expected that children could access the same.
C. Any structure or building of any nature that is not regularly occupied or that may be abandoned that any person or child could enter and may not reasonably be expected to extricate themselves, or may reasonably be expected that they could be injured thereon.
D. The existence of any open or unsecure well, pit, shaft, storage tank, cistern or any similar situation that is not securely closed and made inaccessible to the general public or children.
E. Open excavations, ditches, trenches or swimming pools whereby an adult or child could reasonably be expected to injure themselves if such adult or child were to fall or slip into the same, other than designed and approved storm detention facilities, where such open excavation, ditch or trench remains open and exposed. Active construction that has ceased for a period of seven days or more, that has open excavations, ditches, or trenches that are not covered or secured, shall qualify as an attractive nuisance.
F. Machinery and equipment on a construction site or on a private lot which is accessible to a child and that may be potentially dangerous if children were to be playing on or about the same. Machinery and equipment includes all motorized construction equipment; electrical, gas-operated and air pressure tools and equipment and potentially dangerous hand tools left in such a condition where adequate precautions reasonably designed to prevent access by an adult or child such as fencing, warnings, red or orange warning tape, patrolling or monitoring of the immediate area in question are missing or not in place.
G. To place or allow to remain the carcass of any animal or any offal, filth, or similarly odorous substance in any place to the offense of others.
H. To throw or deposit any offal or other offensive matter, or the carcass of any dead animal, in or near any watercourse, stream, lake, pond, spring, or well, or in any manner to pollute the water of any such spring, stream, pond, lake, or well, to the injury of others.
I. Bodies of Water. Except for city-approved structures connected to storm drainage systems, to maintain any stagnant, pooled water in which mosquitoes, flies or other insects may multiply.
J. Offensive Smells. To use any building, or other place, in a manner that unreasonably produces obnoxious or offensive smells, and/or produces an odor that is dangerous to the health of individuals or of the public.
K. To maintain an unauthorized place:
1. Wherein any fighting between people or animals or birds shall be conducted; or
2. Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or
3. Where vagrants congregate.
L. Any violation of the City of Milton Municipal Code, ordinances or regulations.
M. Vegetation.
1. Overhanging limbs or branches that are less than eight feet above a public walkway or sidewalk, or less than 14 feet above a public street; or
2. Vegetation that obstructs or hinders the use of any public walkway, sidewalk, or street, or that obstructs or obscures the view of traffic or traffic control devices; or
3. Dead, decaying or diseased trees or branches that pose a fire hazard or a threat to human life or property; or
4. Grass, weeds, shrubs, bushes, refuse, trees or other types of plants or vegetation that is left growing in an unmaintained or uncontrolled manner or which is left in a pile or piles or scattered about on any property and becomes a fire hazard or a gathering place for rodents, skunks, wasps, or other animals, pests or insects; or
5. Noxious weeds, meaning a plant or plants that when established are highly destructive, competitive or difficult to control by cultural or chemical practices or that may be listed in the “Washington State Noxious Weeds List” established pursuant to Chapter 17.10 RCW, that are left growing uncontrolled or left growing where no action is taken to eliminate or eradicate the same, and as a result thereof, the noxious weeds have spread or are reasonably expected to spread to residential properties in the immediate vicinity.
N. Sidewalks.
1. Any protrusion, awning, sign or overhang that inhibits or obstructs use of a public walkway or sidewalk; or
2. Any object or damage that inhibits or obstructs the surface of a public walkway or sidewalk; or
3. Snow or ice not removed from a public sidewalk within a reasonable time; or
4. Accumulations of dirt or debris not removed from a public sidewalk.
O. Insect or Vermin Attractions. Creating or maintaining accumulations of matter, including foodstuffs, that harbors or is an attraction for the infestation of insects or vermin or failing to eliminate such infestations, or failing to eliminate intrusive insects such as tent caterpillars.
P. Garbage, Recyclables, and Compost.
1. Garbage not kept in a proper receptacle with a tight-fitting lid;
2. Recyclables not properly stored and regularly disposed of;
3. Compost not kept in a manner to prevent it from attracting infestations of insects or emitting foul odors.
Q. Construction Materials. Significant accumulations, stacks, or piles of building or construction materials not associated with a permitted, current in-progress project including metal, wood, wire, electrical or plumbing materials in disarray or exposed to the elements on the property.
R. Fire Hazards. Stacks or accumulations of newspapers, cardboard, or other paper, cloth, or wood products left in a manner that could pose a substantial risk of combustion or the spread of fire.
S. Furniture and Appliances. All broken or discarded household furniture, furnishings or equipment, or any appliances not in an approved enclosed structure.
T. Debris and Trash. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an approved enclosed structure.
U. Damaged Structures. Walls, fences or other constructed objects that are decayed, damaged, or in disrepair to the extent that they pose a threat of collapse, structural failure, or falling.
V. Failure to Maintain Community Property. The failure to maintain open space, drainage systems, or any other community facilities as required by a development permit condition of approval or any covenants or deed restrictions required by a development permit. (Ord. 1675 § 1, 2006).
9.53.060 Complaints and investigation.
Enforcement of this chapter or any section of the MMC pursuant to this section shall be initiated upon the filing of a complaint and shall be investigated and enforced as required by Chapter 1.08 MMC. (Ord. 1675 § 1, 2006).
9.53.070 Enforcement.
In addition to serving as public nuisances subject to abatement, the prohibition of public nuisances in MMC 9.53.030 shall constitute minimum standards for the use or occupancy of any building, structure or premises. Violation of these minimum standards shall constitute a civil infraction as governed by Chapter 7.80 RCW and the Infraction Rules for Courts of Limited Jurisdiction, as now or hereafter amended. Each violation of MMC 9.53.030 shall be subject to a $50.00 monetary penalty for the first violation in any year-long period (Class 3 civil infraction), a $125.00 monetary penalty for a second violation (Class 2 civil infraction) and a $250.00 monetary penalty for each violation (Class 3 civil violation) thereafter. Each day of violation shall constitute a separate violation. (Ord. 1675 § 1, 2006).
9.53.190 Additional enforcement procedures.
The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Milton Municipal Code except as precluded by law. (Ord. 1675 § 1, 2006).