Chapter 8.32
NUISANCES
Sections:
8.32.020 Types of nuisances—Authority to abate.
8.32.030 Parking of vehicles on residential property.
8.32.040 Abandoned property in the right-of-way.
8.32.050 Liability for violations.
8.32.070 Notice of violation—Penalties—Abatement by city—Cost of abatement.
8.32.090 Abatement by owner or other responsible person.
8.32.100 Immediate danger—Summary abatement.
8.32.110 Procedure not exclusive.
8.32.130 Action before superior court.
8.32.140 Superior court ruling.
8.32.150 Penalty for failure to abate.
8.32.005 Purpose and intent.
The purpose of this chapter is to provide for the protection of the health, safety and general welfare of the citizens of the city of Ocean Shores by proscribing those nuisances which affect equally the rights of an entire community. The presence of litter, overgrown and/or uncultivated vegetation, and other forms of waste require an emphasis on measures to correct those conditions which are injurious to the public health, safety, and welfare. It is further the intent of the city to establish efficient administrative procedures to enforce the regulation of the city, to provide a prompt process to address alleged violations, and to establish standards to be used by the city to abate public nuisances. This chapter further serves to establish procedures, as authorized by RCW 35.22.280 and other laws, both state and city, providing for the enforcement of the provisions herein. (Ord. 1005 § 1 (part), 2017)
8.32.010 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 public official, in his or her judgment, shall determine is necessary in the interest of the general health, safety and welfare of the community.
B. “Apparently inoperable vehicle” shall mean an automobile or portion thereof that is abandoned, junked and/or discarded if the same is (1) inoperable by reason of damage, neglect or the removal of parts therefrom; or (2) is unlicensed for current operation on a public street; and (3) has been substantially in the same condition and location for more than ten days.
C. “Attractive nuisance” shall mean any object or condition which can reasonably constitute a hazard or danger and which is accessible to unauthorized persons.
D. “Control” means the ability to regulate, restrain, dominate, counteract, or govern property or conduct that occurs on a property.
E. “Dwelling unit” is a structure or that part of a structure which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, including but not limited to single-family residences and units of multiplexes, apartment buildings, and mobile homes.
F. “Junk” shall include, but is not limited to, old appliances, furniture, equipment, or parts thereof, all scrap metal, used automobile tires, boxes, cardboard, paper, glass, mattresses, clothing, old lumber or wood, building materials and similar articles and materials, which items are not being used for their intended purpose, all trash and debris other than that which has been collected for and properly contained in a container awaiting disposal.
G. “Landlord” means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager.
H. “Litter” shall include, but is not limited to, debris in the form of cans, bottles, glass, ashes, garbage, wastepaper, packing material, scrap iron, wire, metal articles, discarded furniture and appliances, junk, broken stone or cement, broken crockery, discarded building materials, apparently inoperable vehicles, discarded motor vehicle parts, inoperable bicycles, or bicycle parts, rags, boxes, crates, packing cases, mattresses, bedding, tree and vegetation trimmings, and all other garbage, rubbish or trash, and abandoned flammable materials, which are a fire hazard or a menace to the public health, safety, or welfare.
I. “Owner” means any person having any interest in the real estate in question as indicated in the records of the office of the Grays Harbor County assessor, or who establishes, under this chapter, his or her ownership interest therein.
J. “Personal property” means any personal and household items, furniture, appliances, machinery, equipment, building materials, solid waste, or any other items belonging to a tenant or owner of a real property.
K. “Person” means natural person, joint venture, partnership, association, club, company, corporation, business trust, or organization, or the manager, lessee, agent, officer, or employee of any of them.
L. “Person in control” of a property means any person in actual or constructive possession of a property, including, but not limited to, an owner, occupant, agent, or property manager of a property under his or her control, as that term is defined in this chapter.
M. “Premises” and “property” may be used in this chapter interchangeably and mean any building, lot, parcel, dwelling, rental unit, real estate, or land, or portion thereof, including property used as residential or commercial property including adjacent sidewalks and parking strips and including all dwelling units, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility which is held out for use by the tenant.
N. “Public official” means any official of the city designated by the mayor, authorized to enforce this chapter, including, but not limited to, officials of the city of Ocean Shores police department, fire department, public works department, or building department.
O. “Public right-of-way” includes the area of land, the right to possession of which is secured by the city for right-of-way purposes and includes the traveled portion of the public streets and alleys, as well as the border areas, which shall include, but is not limited to, any sidewalks, planting strips, traffic circles or medians.
P. “Solid waste” shall include all litter, junk, garbage, trash and rubbish.
Q. “Screening” for the purposes of this chapter shall include, but not be limited to, solid wood fencing, chain link fencing with slats, or solid landscaping capable of hiding storage from sight by standing individuals at or near the property lines.
R. “Street tree” is any tree that is growing in the city right-of-way, whether in improved (between the sidewalk and the curb) or unimproved (no sidewalk and/or curb) right-of-way.
S. “Tenant” is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.
T. “Vehicle,” except as otherwise specifically defined herein, shall include, but not be limited to, automobiles, motorcycles, trucks, motorized recreational vehicles, campers, travel trailers, boats on or off trailers, utility trailers, or other vehicles.
U. “Vegetation” shall include all grass, weeds, shrubs, bushes, trees, or vegetation, either growing or which has grown and died, which constitutes a fire hazard or which menaces public health, safety, or welfare.
V. “Vermin” shall mean all noxious, objectionable, or disgusting animals, rodents, and/or insects collectively, especially those of small size that appear commonly and are difficult to control; vermin shall include, but not be limited to, flies, lice, bedbugs, cockroaches, mice, and rats.
(Ord. 1005 § 1 (part), 2017: Ord. 974 § 1, 2016: Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.020 Types of nuisances—Authority to abate.
Each of the following conditions is declared to constitute a public nuisance and whenever the public official determines that any of these conditions exist upon any premises or in any body of water including, but not limited to, lakes, canals, creeks, streams, drainage ways or wetlands, upon either public or private lands, the public official may require or provide for the abatement thereof pursuant to this chapter:
A. All vacant, unused, or unoccupied dwelling units, 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 they may be used by vagrants or other persons in a manner detrimental to the health and welfare of the inhabitants of the city;
B. The existence of any weeds or other waste shrubs, higher than two feet, or garbage, printed matter, wastepaper, refuse, debris, offal, filth, the carcass of any animal, or other offensive substance in any place in the city to the prejudice or annoyance of any person, unless otherwise permitted by law;
C. The existence of weeds, garbage, printed matter, wastepaper, refuse, debris, offal, filth, the carcass of any animal, or other offensive matter, between the property line and the centerline of any adjoining street or alley, or other public place;
D. The existence of any dead, diseased, infested or dying tree in any street; or on any private property so near to any street tree as to constitute a danger to street trees, or streets, or portions thereof;
E. The existence of any tree or shrub on any private property or in any street, or a type of species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees, gutters, sewers, other public improvements, including utility mains or services;
F. 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, alarm box, 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 by the fire department;
G. The existence of any tree which is in danger of falling or otherwise creates a substantial risk of damage or injury;
H. The existence of any tree within the city limits that is infested, infected or in danger of becoming infested or infected with objectionable insects, scale, fungus or growth injurious to trees;
I. The existence of any branches or foliage which interferes with the visibility on, or free use of, or access to, any portion of any street improved for vehicular or pedestrian travel;
J. The existence of any accumulation of wastepaper, hay, grass, straw, weeds, litter or combustible trash upon any roof or in any building, court, yard, vacant lot or open space; or endangers property, or is liable to be fired, or constitutes a fire hazard;
K. The existence upon the sidewalk in front of any premises of anything which restricts the public use thereof. Ornamental trees or shrubs placed by or with the consent of the city shall not be included within this prohibition;
L. The existence upon the sidewalk in front of any premises of any dirt, debris or litter;
M. The existence of a sidewalk or a 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 such sidewalk;
N. Burning or disposal of refuse, sawdust, or other material in such a manner as to cause or permit the smoke, ashes, soot, or gases arising from such burning to become discomforting or annoying to persons, or to injure or endanger the health of any person;
O. Any obstruction to a street, alley, crossing, or sidewalk, and any excavation in or under any street, alley, crossing, or sidewalk, which is by ordinance prohibited, or which is made without lawful permission, or which, having been made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, and for an unreasonable length of time;
P. 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 the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring disease-causing places, conditions, or things:
1. Any putrid, unhealthy, or unwholesome bones, meat, hides, skins, the whole or any 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,
2. Privies, vaults, cesspools, dumps, pits, or like places which are not securely protected from vermin, or which are foul or malodorous,
3. Filthy, littered, or trash covered dwelling, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings, or premises,
4. Animal manure in any quantity which is not securely protected from vermin or weather conditions, or which is kept or handled in violation of any ordinance of the city,
5. Poison oak or poison ivy, Russian thistle, or other noxious weeds, whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles,
6. Bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all such trash, or abandoned material, unless they are kept in approved covered bins or galvanized iron receptacles,
7. Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which vermin may breed or multiply or which may be a fire hazard;
Q. The maintaining or permitting of any cellar, vault, drain, sewer, yard, grounds, or premises, or any street, alley, sidewalk, park, parkway, or other public place adjacent to any premises or any street, to become, from any cause, nauseous, foul, offensive, or injurious to public health;
R. The causing or permitting of any nauseous, foul, or putrid liquid or substance, or any liquid or substance likely to become nauseous, foul, offensive or putrid, to be discharged, placed or thrown, or to flow from or out of any premises into or upon any adjacent premises or any public street, alley, sidewalk, park, or parkway, or to stand, remain, or be upon any premises;
S. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, park, parkway, or other public place which is open to travel of any hay, straw, paper, wood, boards, boxes, manure, or other rubbish or material;
T. The storage or keeping on any premises for more than thirty days of any used or unused building materials whose retail cost new would exceed one hundred dollars, without a special permit from the building inspector; provided, that nothing herein shall:
1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion;
2. Prohibit such storage without a permit upon the premises of a bona fide lumberyard, dealer in building materials, or other commercial enterprise, when the same is permitted under the zoning ordinances and other applicable laws;
3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws;
4. “Building materials,” as used herein, means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, concrete block, roofing materials, cans of paint and similar materials;
U. 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;
V. The existence on any premises of any unused or abandoned vehicle, including, but not limited to: automobiles, trucks, vans, trailers, mobile homes, travel trailers, boats, motorcycles, recreational vehicles, or any other vehicle or major parts thereof (hereinafter collectively referred to as “vehicle”). For the purposes of this section, it shall be presumed that a vehicle is abandoned or unused if two or more of the following criteria apply: (1) the vehicle is unlicensed for operation on a public street, waterway, or (2) the vehicle is inoperable by reason of damage, neglect or the removal of parts therefrom and the vehicle has been substantially in the same condition and location for more than two weeks, or (3) the vehicle has an approximate fair market value equal only to the approximate value of the scrap in the vehicle. The provisions of this section shall not apply to: commercial establishments which are specifically licensed to handle junk vehicles and are otherwise complying with state and local regulations; to a recreational vehicle on an undeveloped lot with a valid camping permit; to any vehicle which is stored in an enclosed building and is not visible from the exterior; or to any recreational vehicle, boat or utility trailer which is currently licensed, and which is maintained to such a degree as to prevent it from becoming visually offensive or hazardous to the general public. Without limiting the foregoing, any vehicle which has been left out of doors, unsheltered and unused for a period of ninety days shall be presumed to be unused and abandoned for purposes of this section;
W. Depositing any cut or uprooted water weeds, reeds, brush, grass clippings or any other type of debris into any body of water, including but not limited to lakes, canals, creeks, streams, drainageways, wetlands or any other public place;
X. The existence on any premises or property of an on-site sewer system (aka septic system) which does not comply with the applicable regulations and requirements for on-site sewer systems promulgated by the state of Washington or Grays Harbor County; or the existence on any premises or property of an on-site sewer system which does not have a valid maintenance and operations permit from Grays Harbor County; or the existence on any premises or property of a malfunctioning or failed on-site sewer system. In addition to the other abatement remedies set forth in this chapter, the city may, at its sole option, at any time summarily abate the nuisance described in this section by shutting off city utilities to the premises or property on which said on-site sewer system is located;
1. The dwelling unit must include sanitary facilities located in the unit. The sanitary facilities must be in proper operating condition, and adequate for personal cleanliness and disposal of human waste;
2. The dwelling unit must be served by an approved public water supply that is sanitary and free from contamination;
Y. The failure to comply with the stormwater regulations set forth in Section 13.17.010;
Z. The feeding of seagulls and/or crows within city limits, with the exception of the city beach, which feeding results in the deposit of refuse, debris, fecal matter or other offensive substance in any place in the city to the prejudice or annoyance of any person, unless otherwise permitted by law;
AA. The feeding of seagulls and/or crows within city limits, with the exception of the city beach, which feeding results in aggressive bird behavior towards humans or other animals or which results in endangering humans or other animals in any manner;
BB. The feeding of wild deer, elk, coyotes, cougars, bears, opossums, raccoons, river otters, rats or bats, within the city limits. This subsection shall not apply to any person keeping, maintaining, or having in his or her possession or under his or her control any of the above animals in connection with an educational program, zoo, circus, or licensed/certified rehabilitator, provided such person has taken adequate measures to safeguard persons and property;
CC. Any unsightly, abandoned, or deteriorated building or structure, or any building or structure constructed with inappropriate materials or improperly fastened together or anchored against the forces of nature;
DD. Any building or structure where construction was commenced and the building or structure was left unfinished for an unreasonable length of time, or any building or structure that has been constructed or modified without permits or which is otherwise in violation of city ordinance, thereby causing a danger to public safety, health, or welfare;
EE. The erection or continuance of use of any building, room, or other place in the city for exercise or any trade, employment, or manufacture which, by emitting noxious exhausts, particulate matter, offensive odors, or other related annoyances, is discomforting, offensive, or detrimental to the health of individuals or of the public.
(Ord. 1016 § 1, 2018; Ord. 1005 § 1 (part), 2017: Ord. 896 § 1, 2011; Ord. 806 § 1, 2006; Ord. 775 § 1, 2004; Ord. 743 § 3.1, 2002; Ord. 719 § 1, 2001; Ord. 593 §§ 7, 8, 1996; Ord. 413 § 1, 1985: Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970)
8.32.030 Parking of vehicles on residential property.
The primary purpose of yards on single-family residential lots is to provide access to light and air and to provide circulation, recreation, and landscaping around the primary single-family dwelling building, which are beneficial to the general health and welfare of the community. This section establishes standards by which parking vehicles on single-family residential lots is allowable.
A. No more than four vehicles shall be parked on a residential lot outside of an enclosed garage or carport. Vehicles parked in the side or rear yard area of single-family residential lots shall be limited to those lots which have legal access from the adjacent street or alley. Vehicles parked in the front yard area of a single-family residential lot shall be limited to those lots which have legal access from the adjacent street or alley and shall be parked only on a driveway consisting of gravel, asphalt, or some similar material. No driveway shall be larger than sixty percent of the front yard area.
B. Exceptions. Upon written application to the public official, which must be lodged within seven days of receiving a notice of violation and abatement, an exception to the limitation on the number of allowed vehicles may be granted by the public official. Circumstances to be considered by the public official include whether:
1. Additional vehicles may be allowed in a particular yard if vehicle access to other yards is unavailable; or
2. The number of individuals with valid driver’s licenses within the household exceeds four; or
3. Any other mitigating circumstances, as determined by the public official; provided, however, that such exceptions are subject to review upon receipt of additional complaints.
C. Inoperable vehicles stored on single-family residential lots shall be limited to the rear yard area. Screening shall be provided between the inoperable vehicles and adjacent properties or rights-of-way. Screening shall be subject to the provisions of this code. A single-family residential lot shall contain no more than one inoperable vehicle. If it is determined by the public official that the inoperable stored vehicle meets the definition of an abandoned or junk vehicle, as defined in herein, then the vehicle shall be subject to the provisions of those chapters.
D. All private vehicles which are fully enclosed within a legally constructed garage or other structure are not considered as part of the allotted number of vehicles for purposes of this section.
(Ord. 1005 § 1 (part), 2017)
8.32.040 Abandoned property in the right-of-way.
A. All property left in the public right-of-way of any street, alley or sidewalk, including but not limited to any personal or household items, furniture, appliances, machinery, equipment, building materials, or other items shall be deemed abandoned and shall constitute a violation of this chapter and is hereby declared a public nuisance.
B. The abutting property owner is required to maintain all property outside the lot lines and property lines and inside the curblines or the traveled portion of the public streets, alleys or sidewalks. Any items which remain on the public right-of-way of any street, alley or sidewalk for a period of forty-eight hours shall be deemed abandoned and to constitute a public nuisance subject to removal by the city with or without notice.
C. The costs of abatement may be assessed against the abutting real estate from which the nuisance was abated for collection in the manner provided in this chapter.
(Ord. 1005 § 1 (part), 2017)
8.32.050 Liability for violations.
Every person who violates any provision of this chapter has committed a civil violation, and in some cases a criminal violation, and shall be subject to the provisions herein. The owners, agents, contract buyers, tenants, lessees or any person in control of all residential dwellings, commercial establishments, and/or real property, including vacant lots, upon which a violation of this title is found shall be jointly and severally responsible and liable for compliance with this title, and jointly and severally liable for any damages or costs incurred and awarded, or any penalties assessed under this title. Although the owners of the real property in question are ultimately and primarily responsible and liable for any violation of this title, the public official has the discretion to take necessary action against any person in control, as defined in Section 8.32.010. Each day that a violation exists may constitute a separate violation of this chapter. (Ord. 1005 § 1 (part), 2017)
8.32.060 Emergency actions.
If the public official determines that a nuisance exists which is a severe and imminent threat to public health and/or safety and constitutes an emergency requiring immediate abatement, the city may perform any emergency action necessary to abate the nuisance with or without prior notice. (Ord. 1005 § 1 (part), 2017)
8.32.070 Notice of violation—Penalties—Abatement by city—Cost of abatement.
A. Any person who violates any provision of this chapter, in the discretion of the public official, may be served with a notice of violation and abatement upon a determination that a public nuisance exists.
The notice shall be substantially in the following form:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
(Name and address of person notified)
As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at _______________ you are hereby notified that the undersigned pursuant to Chapter 8.32 of Ocean Shores City Code has determined that there exists upon or adjoining said premises the following condition(s) contrary to the provisions of subsection _____ of Section 8.32.020:
You are hereby notified to abate said condition to the satisfaction of the undersigned within _____ days of the date of this notice.
Abatement is to be accomplished in the following manner:__________
In the event the condition(s) is not corrected within the time frame indicated in this notice of violation, The owners or persons in control of the subject real property shall be issued a notice of infraction, subject to a penalty of up to two hundred fifty dollars per Section 8.32.070 of the Ocean Shores City Code.
Dated: _____
Signed By _____________
B. A copy of the notice provided for in this section shall be sent to the owner and may be sent to any other person sought to be charged with the responsibility of abatement. The notice shall be sent by mail, postage prepaid, and addressed as follows:
1. To the owner, as the person’s name and address appear on the records of the Grays Harbor assessor’s office, or as known to the public official or the person authorized by the public official to give such notice;
2. To any other such person, as the person’s name and address are known to the public official or the person authorized by him or her to give notice.
C. The person giving the notice shall file a copy thereof in the office of the public official, together with an affidavit or certificate stating the time and manner in which the notice was given. The failure of any owner or other person to receive the notice shall not affect in any manner the validity of any proceedings taken under this chapter.
D. The public official, at his or her discretion if he or she deems significant improvement has been made to abate the conditions, may give a one-time extension to the owner or other responsible person to continue to abate said conditions. The one-time extension will be not exceed thirty days from the original date the condition was to be abated.
E. If the condition is not corrected and the violation continues following the time frame indicated in the notice to abate unsafe or unlawful condition, the public official shall be authorized to issue a notice of infraction to the owners of persons in control of the subject property, if it is a first violation of this chapter, or a notice of criminal citation if it is a second violation, as follows:
1. In the event of a first violation of this chapter within a twelve-month period, the owners or persons in control of the subject real property shall be issued a notice of infraction and, upon a finding that the violation has been committed, shall be deemed to be in violation of a Class 2 civil infraction, with a maximum penalty of one hundred twenty-five dollars, plus statutory assessments.
2. In the event of a second violation of this chapter within a twelve-month period, the owners or persons in control of the subject real property shall be issued a notice of criminal citation, and upon conviction be guilty of a Class C misdemeanor and be subject to punishment by a fine not to exceed five hundred dollars plus statutory assessments, of which shall be neither suspended nor deferred.
F. In addition to any other penalty or fine which may be imposed, a court may direct the correction or abatement of the nuisance and in the event that the party continues to fail to timely correct, order such correction or abatement be performed by the city using any lawful means. The city may enter unsecured property and may remove, correct or abate the nuisance which is subject to abatement. If the person does not consent to entry, the city may seek judicial process from the court, as it deems necessary, to effect the removal, correction or abatement of the nuisance. The costs, including incidental expenses of correcting the violation, may be billed to the owners or persons in control of the subject property, and if the owners or persons in control fail to remit payment in a timely manner, the city may file a lien for the cost of any abatement proceedings under this chapter and all other related and incidental costs against the real property upon which any of the work of the abatement was performed. A notice of the city’s lien, specifying the expenses incurred in abating the nuisance and giving the legal description of the premises sought to be charged, shall be filed with the county auditor within ninety days from the date of the abatement and the same may at any time thereafter be collected in the manner for foreclosure of mechanic’s or labor liens under the laws of the state of Washington. In addition to a lien, the debt shall be collectible in the same manner as any other civil debt owing to the city, and the city may pursue collection of the costs of any abatement proceedings under this chapter by any other lawful means, including but not limited to a collection agency. Any person sent a bill or notice of the costs due for an abatement of a nuisance may request a hearing before the court to determine if the costs should be assessed, reduced, or waived. A request for hearing shall be made in writing and filed with the court no later than seven days from the date of mailing of the bill or notice of costs due for the abatement. Each request for a hearing shall contain the address and telephone number of the person requesting the hearing, and shall set out the basis for the appeal. Failure to request a hearing within seven days from the mailing of the bill or notice of costs due for the abatement shall be a waiver of the right to contest the validity of the costs incurred in the abatement of the violation.
(Ord. 1005 § 1 (part), 2017)
8.32.080 Additional relief.
Nothing in this chapter shall preclude the city from seeking any other relief, as authorized by the Ocean Shores City Code, or the laws of the state of Washington. Enforcement of this chapter is supplemental to all other laws adopted by the city, including the Uniform Code for the Abatement of Dangerous Buildings, as set forth in Chapter 15.44. (Ord. 1005 § 1 (part), 2017)
8.32.090 Abatement by owner or other responsible person.
If and when an owner or other responsible person undertakes to abate any condition described in this chapter, whether by order of the public official or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the public official. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to the abatement. (Ord. 1005 § 1 (part), 2017: Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970. Formerly 8.32.070)
8.32.095 Removal of personal property placed onto public right-of-way pursuant to writ of restitution.
A. Tenant to Remove Personal Property. Once personal property belonging to an evicted tenant has been placed onto public right-of-way pursuant to a court-ordered eviction per RCW Title 59, the tenant shall have twenty-four hours to remove said personal property from the public right-of-way.
B. Notice—Tenant. Notice will be served upon the tenant or posted on the property if personal service is unavailable advising tenant that the personal property may be removed and destroyed if not removed from the public right-of-way within twenty-four hours from the time indicated on the notice.
C. Nuisance—Liability of Landlord. The deposit of tenant’s personal property onto the public right-of-way shall be deemed a public nuisance and landlord shall be responsible for the actual removal costs and proceedings related thereto if tenant’s personal property remains on the public right-of-way for more than forty-eight hours.
D. Notice—Landlord. Notice will be served upon the landlord or posted on the property if personal service is unavailable advising landlord that landlord shall be responsible for the actual costs incurred in removing tenant’s property and any proceedings related thereto if tenant’s personal property remains on the public right-of-way for more than forty-eight hours from the time indicated on the notice.
E. Penalties. In addition to liability for actual removal costs and proceedings, landlord may be subject to additional penalties, as provided in Section 8.32.070.
F. Disposal of Personal Property. Any personal property removed from the public right-of-way by the city of Ocean Shores may be immediately and permanently disposed of.
(Ord. 1005 § 1 (part), 2017: Ord. 974 § 2, 2016. Formerly 8.32.075)
8.32.100 Immediate danger—Summary abatement.
Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, the public official shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a civil debt against the owner or other responsible party and be collected as provided in Section 8.32.070. (Ord. 1005 § 1 (part), 2017: Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1979. Formerly 8.32.080)
8.32.110 Procedure not exclusive.
The procedure provided in this chapter for abatement shall be cumulative, and in addition to any other procedure or procedures provided in ordinances of this city or by state law for the abatement of any of the conditions described herein, and abatement shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such condition. (Ord. 1005 § 1 (part), 2017: Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970. Formerly 8.32.090)
8.32.120 Unlawful conduct.
It is unlawful for any person, firm or corporation, by themselves or by their 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 they have control, or to maintain, carry on, suffer or allow, any of the acts or things declared by this chapter or any other ordinances to be nuisances, or to do, or cause, or permit, or suffer to be done or maintained any act or thing which shall be detrimental or injurious to public health, or offensive to the senses or contrary to public decency or morality. (Ord. 1005 § 1 (part), 2017: Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970. Formerly 8.32.110)
8.32.130 Action before superior court.
The city, at its election, may bring an action of abatement in the superior court, without first bringing criminal proceedings for violation of this chapter. Action under this section shall not prevent the city from bringing criminal proceedings subsequent to the abatement action. (Ord. 1005 § 1 (part), 2017: Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970. Formerly 8.32.120)
8.32.140 Superior court ruling.
When judgment is rendered against any person, firm or corporation, finding them guilty of creating, keeping or maintaining a nuisance, it shall be the duty of the court before which the conviction is had, in addition to imposing the penalty or penalties provided in Section 8.32.070, to order the defendant or defendants in the action to forthwith abate and remove the nuisance. The order of abatement shall be entered upon the docket of the court and made a part of the judgment in the action. If the same is not complied with by such defendant or defendants within twenty-four hours, the nuisance shall be abated and removed by authority of the mayor, or by any other officer so authorized by the order of the court. (Ord. 1005 § 1 (part), 2017: Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970. Formerly 8.32.130)
8.32.150 Penalty for failure to abate.
Any person, firm, or corporation ordered, as provided in this chapter, to abate and remove a nuisance, who neglects or fails to abate and remove such nuisance within twenty-four hours next after the entry of such order, shall, for each twenty-four hours thereafter in which the nuisance is continued, be subject to the penalties provided in Section 8.32.070. (Ord. 1005 § 1 (part), 2017: Ord. 281 § 1 (part), 1979; Ord. 10 § 1 (part), 1970. Formerly 8.32.140)