Chapter 8.16


8.16.010    Definitions.

8.16.020    Conditions constituting a public nuisance.

8.16.030    Exempted acts.

8.16.040    Variance.

8.16.050    Enforcement—Notice.

8.16.060    Abatement by the city.

8.16.070    Lien.

8.16.080    Abatement by owner or other responsible person.

8.16.090    Successive liability.

8.16.100    Immediate danger—Summary abatement.

8.16.110    Violation—Penalty.

8.16.010 Definitions.

The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:

“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 enforcement officer, in his or her judgment determines is necessary in the interest of the general health, safety and welfare of the community.

“Building materials” means and includes lumber, plumbing materials, wallboard, street metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.

“Enforcement officers” means the mayor, or a uniformed officer or fire chief as designated by the mayor.

“Junk” means and includes all old appliances or parts thereof, all old iron, or other metal, inoperable automobiles or parts thereof, grass, cardboard, old lumber, old wood, and old mattresses.

“Litter” means and includes all other waste, paper and discarded material.

“Premises” means any building, lot, parcel, real estate, land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

“Property” means any object of value that a person may lawfully acquire and hold.

Public Nuisance. A nuisance is a thing, act, omission to act, occupation, or use of property which:

1.    Unreasonably annoys, injures or endangers the safety, health, comfort, or repose of the public;

2.    Offends public decency;

3.    Is offensive to the senses;

4.    Unlawfully interferes with, obstructs, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, or basin, or a public park, square, street, alley, highway or sidewalk;

5.    In any way renders other persons insecure in life or use of property;

6.    Obstructs tile free use of property so as to essentially interfere with the comfortable enjoyment of life and property.

“Refuse” means and includes all trash, dirt, garbage, discarded food, animal and vegetable matter, cans and ashes.

“Responsible person” means any agent, lessee, owner, or person occupying or having charge or control of any premises.

“Weeds” means any undesired, uncultivated, plant growing in a profuse or unsightly manner to include grasses. (Ord. 464 § 1, 1988)

8.16.020 Conditions constituting a public nuisance.

Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the enforcement officer determines that any of these conditions exist upon any premises or in any park, lake, river stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter:

1.    All decayed or unwholesome food offered for sale to the public;

2.    All diseased animals running at large;

3.    All ponds or pools of stagnant water;

4.    The existence of hides, skins, the whole or any part of any dead animal, fish or fowl, vegetable or animal matter in any quantity, but nothing herein shall prevent the temporary retention of wastes in approved covered receptacles;

5.    Accumulations of manure or rubbish;

6.    Privy vaults and garbage cans which are not flytight;

7.    The pollutions of any public well or cistern, stream, lake, canal or body of water by sewage, creamery, industrial wastes, or other substances;

8.    All noxious weeds and other rank growths upon public or private property to include, but not be limited to poison oak, poison ivy, deadly nightshade, or any toxic weed or uncultivated plant (whether growing or otherwise) weeds, tall grass, or uncultivated shrubs or growth;

9.    Burning or disposing of refuse, sawdust or other material in such a manner to cause or permit ashes, sawdust, soot or cinders to be cast upon the street or alleys of the city, or to cause or permit the smoke, ashes, soot, gases, or noxious fumes arising from such burning to become annoying to any considerable number of persons or to injure or endanger the health, comfort or repose of said persons, this section shall not apply where the party responsible for the action has properly obtained a fire permit from the fire department of the city;

10.    Offensive trades and businesses as defined by state statute or city ordinance;

11.    All public exposure of persons having a contagious disease;

12.    The use of a common public drinking cup or roller towel;

13.    The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person;

14.    The insufficient covering and sealing of unused wells;

15.    All other acts, omissions of acts, occupations and uses of property which are deemed by the enforcement officer to be a menace to the health of the inhabitants of this city, or any considerable number thereof;

16.    All snow and ice not removed from public sidewalks within a reasonable time after the snow and ice has ceased to be deposited thereon;

17.    All trees, hedges, billboards, fences or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached;

18.    All limbs of trees which are less than eight feet above the surface of any public sidewalk, or twelve (12) feet above the surface of any street. In addition to the foregoing, it constitutes a nuisance for anyone to fail to maintain landscaping, including but not limited to, lawns, shrubs, trees and other plantings, whether of native growth or domestic vegetation, in commercial, manufacturing, industrial or residential areas of the city;

19.    The existence of any dead, diseased, infested or dying tree that may constitute a danger to street trees, streets or portions thereof;

20.    The existence of any tree, shrub or foliage, unless by consent of the city, which is apt to destroy, impair, interfere or restrict:

a.    Streets, sidewalks, sewers, utilities or other public improvements,

b.    Visibility on, or free use of, or access to such improvements;

21.    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;

22.    All buildings, walls and other structures which have been damaged by fire, decay or otherwise so as to endanger the safety of the public. Any unsightly and dangerous building, billboard or other structure, or old, abandoned or partially destroyed building or structure, or any building or structure commenced and left unfinished. All unoccupied buildings which have not been securely closed against entry by those having no interest in said property;

23.    All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount other than that provided by ordinance;

24.    The existence of any accumulation of materials or objects in a location or in a manner which endangers property or safety or constitutes a fire hazard;

25.    Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds except under such conditions as are provided by ordinance;

26.    Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks;

27.    All hanging signs, awnings and other similar structures over the streets or sidewalks, or so situated as to endanger public safety, not constructed and maintained as provided by ordinance;

28.    The keeping or harboring of any dog or other 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 habitual crowing or the making of other noises shall annoy or disturb a neighborhood or any considerable number of persons. Keeping of more than two dogs or more than four cats on any premises, except litters under the age of four months; provided, however, that if any owner or responsible person shall have on any premises, on the effective date of the ordinance codified in this chapter, more than two dogs or more than four cats, then the owner or responsible person shall be permitted to keep such additional animals on the premises for the lifetime of those animals;

29.    Keeping of any animals, insects or reptiles on any premises which animals, insects or reptiles would pose a threat of damage to property or injury to persons or would otherwise cause detriment to the health, safety and welfare of neighboring persons and properties;

30.    All conditions or things which present an unreasonable danger or injury to persons or property;

31.    All places used or maintained as a junkyard, or dumping grounds, or for the wrecking of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn out, wrecked, stripped or abandoned automobiles, trucks or other machinery of any kind, or of any of the parts thereof or the existence of any unused and abandoned trailer, housetrailer, boat or other vehicle or major parts thereof;

32.    The keeping, using and maintaining of any pen, stable, lot, place or premises in which any hog, cattle, horse, or fowls may be confined or kept;

33.    All loud noises which disturb the peace and quiet of the residents of the city, between the hours of ten p.m. and seven a.m. within all zones designated by the zoning ordinance as a residential zone. It shall be a public nuisance for any person, firm or corporation to:

a.    Engage in any building activity, structure repair, construction, reconstruction, remodeling or demolition excavating activity, or use tool or machine or engage in any other activity, the noise of which shall unreasonably disturb or interfere with the peace, comfort, repose of owners or possessors of real property, or

b.    To operate any power lawn mower or power snow mover or blower or any chainsaw between the hours of ten p.m. and seven a.m.;

34.    Between the hours of ten p.m. and seven a.m. in the city it shall be a public nuisance for any person, firm or corporation to commit or suffer to be committed the following acts:

a.    On privately owned premises or in residential areas of publicly owned premises in the city, to sponsor, suffer or allow any meeting, party, or gathering of persons, the noise of which shall unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; or

b.    In any place within the city, to play any musical instrument, radio, television set, or any sound-reproducing device, the noise of which shall unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; or

c.    To engage in any sport or contest, the noise of which shall unreasonably disturb or interfere with the peace, comfort, and repose of owners or possessors of real property; and

d.    It shall not be a violation of this section for the collection of garbage by the city’s collector of refuse as defined under Section 8.12.020, as long as such collection occurs between the hours of four a.m. and ten p.m. for the central business district and light industrial district of the city, and between the hours of six a.m. and ten p.m. for any residential district.

35.    The operation of any motorcycle, motorbike or all terrain vehicle in the city on any property not a part of the street system of the city when such motorcycle, motorbike or terrain vehicle does not conform to the muffler standards required for operation on the public streets shall be a public nuisance;

36.    Any fighting between persons or animals or birds conducted on any premises or at any location;

37.    The unreasonable acceleration of motor vehicles so as to cause backfiring and/or excessive noise;

38.    All barbed wire fences which are located within three feet of any public sidewalk; and any fence charged with electricity in any amount whatsoever;

39.    Riding or leading horses upon the sidewalks or parking strips anywhere within the city limits;

40.    The conducting of repairs to, or the abandonment of, an automobile, truck or other motor vehicle of any kind upon the public streets or alleys of the city;

41.    The dumping, throwing, placing, leaving or causing to be permitted or dumped, thrown, placed, or left, any filth, paper, cans, glass, rubbish, trash, garbage, grass trimmings, shrub trimmings, and shrubbery of any kind in or upon any street, alley, sidewalk, ditch, or private property of another in the city;

42.    Any accumulation of garbage, refuse, or debris allowed to remain in any place in the city;

43.    The permitting to remain outside any dwelling, building, or other structure, or within any unoccupied or abandoned building, dwelling, or other structure, in a place accessible to children, any abandoned, unattended, or discarded icebox, refrigerator, or other container, which has an airtight door or lid, snap lock or other automatic locking device, which may not be released from the inside, without first removing said door or lid, snap lock, or other locking device;

44.    The permitting any unused well, cistern or storage tank to remain on any real property without first demolishing or removing from the city such storage tank or securely closing and barring any entrance or trap door thereto, or without filling any well or cistern, and capping the same without sufficient security;

45.    The existence of any drainage onto or over any sidewalk, street or public right-of-way;

46.    Construction, expansion or remodeling until such permit shall have been issued;

47.    The existence of any violation of shoreline use regulation;

48.    The existence of any violation of zoning or land use restrictions or requirements.

(Ord. 739 § 1, 2016; Ord. 464 § 2, 1988)

8.16.030 Exempted acts.

This chapter shall not apply to the United States, the State of Washington, Okanogan County, the city, or any of their respective officers, employees or contractors when engaged in snow removal, street cleaning, emergency repair to any street, building or structure, fire suppression, or any other emergency for the preservation of life or property. (Ord. 464 § 3, 1988)

8.16.040 Variance.

A.    The city council or a committee thereof designated by the city council may, upon written application filed with the city clerk, grant a variance from any of provisions of this chapter and authorize the issuance of a special permit for any activity when it finds that such variance is in the public interest or when it finds the activity will have a substantial public participation.

B.    A variance shall be granted only after approval by city council.

C.    Any variance granted and any special permit issued thereunder shall state the nature of the activity and the date, times, and place for which the variance is granted, and shall state any special provisions or limitations applicable to exercise of the variance.

D.    Upon the granting of a variance the chief of police shall issue a special permit to the applicant to conduct the activity for which a variance has been granted.

E.    Any activity conducted under a variance and special permit shall conform strictly to the terms and provisions of the variance and special permit.

(Ord. 464 § 4, 1988)

8.16.050 Enforcement—Notice.

An enforcement officer appointed by the mayor, having knowledge of any public nuisance, shall cause any owner or other responsible person to be notified of the existence of a public nuisance on any premises and shall direct the owner or other responsible person to abate the condition within ten days after notice or other reasonable period. The notice shall be substantially in the following form:


(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 has determined that there exists upon or adjoining said premises the following condition contrary to the provision of subsection _________ of Section 8.16.020 of the Pateros Municipal Code:

You are hereby notified to abate said condition to the satisfaction of the undersigned within ten (10) days of the date of this notice. If you do not abate such condition within ________ days the city will abate the condition at your expense.

Abatement is to be accomplished in the following manner:

DATED ____ (Name of enforcement officer and title)

By _________________________

(Ord. 464 § 5, 1988)

8.16.060 Abatement by the city.

In all cases where the enforcement officer has determined to proceed with abatement, ten days after giving notice the city shall acquire jurisdiction to abate the condition at the person’s expense as herein provided. Upon the abatement of the condition or any portion thereof by the city, all the expenses thereof shall constitute a civil debt owing to the city jointly and severally by such of the persons who have been given notice as herein provided. The debt shall be collectable in the same manner as any other civil debt owing to the city. (Ord. 464 § 6, 1988)

8.16.070 Lien.

In the event that the nuisance is abated by the city pursuant to Section 8.16.060, the cost to the city of such abatement shall become a charge against the owner of the property and a lien against the property. Notice of the lien herein authorized shall, as nearly as practicable, be in substantially the same form, filed with the same officer within the same time and manner, and enforced and foreclosed as is provided by law for liens for labor and materials. The provisions of this section are supplemental and additional to any other powers granted or held by the city on the same or a similar subject or elsewhere in this chapter. (Ord. 499 § 1, 1991: Ord. 464 § 7, 1988)

8.16.080 Abatement by owner or other responsible person.

If and when and owner or other responsible person shall undertake to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the enforcement officer. 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. 464 § 8, 1988)

8.16.090 Successive liability.

Every successive owner, occupant or caretaker on property who neglects to abate a continuing nuisance upon or in the use of such property, caused by a former owner, occupant or caretaker, is liable therefor in the same manner as the one who first created it. (Ord. 464 § 9, 1988)

8.16.100 Immediate danger—Summary abatement.

Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute all imminent or immediate danger to the health or safety of the public or a significant portion thereof, the enforcement officer 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 8.16.060 of this chapter. (Ord. 464 § 10, 1988)

8.16.110 Violation—Penalty.

Violation of the terms of this chapter shall constitute a civil infraction with a monetary penalty of not more than two hundred fifty dollars ($250.00). For the purposes of this chapter, each day that a person is found to be in violation constitutes a separate violation. (Ord. 98-571 § 3(J), 1998: Ord. 464 § 11, 1988)