Chapter 8.12
NUISANCES

Sections:

8.12.010    Definitions.

8.12.020    Nuisance declared.

8.12.030    Prohibited conduct.

8.12.040    Abatement procedure.

8.12.050    Continuing nuisance—Liability.

8.12.060    Continuing nuisance—Collected money.

8.12.070    Emergencies.

8.12.080    Safeguards.

8.12.090    Fines.

8.12.100    Criminal penalties.

8.12.110    Repeat violations.

8.12.120    Costs of abatement.

8.12.130    Utilization of Chapter 15.04 for abatement of certain nuisances—When practicable.

8.12.140    Entry upon property.

8.12.010 Definitions.

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

“Abandoned, unauthorized, wrecked, dismantled, junk or inoperative vehicle or automobile hulk,” and each of those terms, shall have the same meaning as in Chapter 10.28, as it now exists or is hereafter amended.

“Abate” means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the designated enforcement officer determines is necessary in the interest of the general health, safety and welfare of the community.

“Appeals commission” or “commission” means the appeals commission as created by Chapter 2.52.

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

“Enforcement officer” means the mayor, or mayor’s designee, authorized in writing to enforce this chapter.

“Notice of abatement” or “notice to abate” means a notice to abate unsafe or unlawful conditions as provided in this chapter.

“Owner” means and includes, without limitation, any agent, lessee, owner, tenant or other person occupying or having charge or control of any premises. An owner or agent is deemed to have control if he or she has actual or constructive knowledge of the maintenance upon the premises of any nuisance as defined in this chapter.

“Person” means and includes, without limitation, individuals, firms, partnerships, corporations, and all associations of natural persons, whether acting by themselves or by any agent or employee.

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

“Public nuisance” and “nuisance” each mean and consist of doing an unlawful act, or omitting to perform a duty, or causing, allowing or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

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

2.    Offends public decency;

3.    Is offensive to the senses of reasonable persons, or unreasonably interferes with their use of property; or

4.    As defined in Section 8.12.020. (Ord. 632 § 1 (part), 2015: Ord. 470 § 1, 2002: Ord. 437 § 1, 2001: Ord. 332 § 1, 1994)

8.12.020 Nuisance declared.

The following specific acts, omissions, places and conditions are, to the extent they also meet the definition of “public nuisance” and “nuisance” as set forth in Section 8.12.010, declared to be public nuisances:

A.    Erecting, continuing or using any building or other place in the city for the exercise of any trade, employment or manufacture which is prohibited by law, or which by occasioning noxious exhalation, offensive smells or other annoyances, unreasonably injures or threatens the health, safety, comfort or property of individuals or the public;

B.    Causing or allowing any offal, filth, poison or offensive substance to be collected or to remain in any place, street, highway or alley in the city to the prejudice of others;

C.    Maintaining any house, shop, stable or other structure which cannot be occupied or rented and which poses danger of incendiarism and/or injury;

D.    All houses or premises kept for the purpose of prostitution or for the performance of lewd acts;

E.    All houses or places where drunkenness, fighting or other breaches of the peace are carried on or permitted;

F.    All dirt, offal or vegetable matter, the content of any hog pen or sty, poultry house, privy, drain or vault, which by noxious air, poisonous gas, or noise, shall unreasonably offend inhabitants of the neighborhood;

G.    Keeping howling or barking dogs or permitting any animal to run at large which defiles, injures or destroys lawns, gardens, trees or shrubbery;

H.    Building or maintaining any structure in such condition as to be dangerous to the health or safety of the citizens of the city;

I.    Obstructing or encroaching upon or rendering unsafe for passage any public easement, right-of-way, highway, private way, street, alley, park, square, driveway, lake or stream in the city;

J.    Carrying on, within the city limits, a business manufacturing gunpowder, nitroglycerin, or other highly explosive substance, or mixing or grinding the materials therefor, in any place within two hundred fifty (250) yards of any building in existence at the time such business may be commenced. For the purpose of this provision, a building is in existence from the time that a permit has been issued for its construction;

K.    Placing, depositing, keeping, having or leaving in or upon any private lot, building, structure or premises, or in or upon any street, avenue, park, parkway or public or private place in the city any one or more of the following conditions, places or things:

1.    Any putrid, unsound or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish or fowl;

2.    Privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies or rats or which are foul or malodorous;

3.    Filthy or littered or trash-covered cellars, house yards, factory yards, vacant areas in rear of stores, vacant lots, houses, buildings or premises;

4.    Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinances of the city;

5.    Liquid household waste, human excreta, garbage, butcher’s trimmings and offal, parts of fish, or any other vegetable or animal matter in any quantity; provided, nothing contained in receptacles in the manner approved by the health officer of the city, or the dumping of nonputrefying waste in a place and manner approved by the health officer, is included in this provision;

6.    Tin or aluminum cans, bottles, glass cans, small pieces of scrap iron, wire, material, bric-a-brac, broken crockery, broken glass, broken plaster, scrap building materials, and all such trash or abandoned material unless the same be kept in receptacles approved by the health officer, or in covered bins;

7.    Trash, litter, weeds, or grass, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding excelsior, packing straw, or other packing materials, lumber not piled, scrap iron, abandoned stoves, kitchen appliances, tin and other metal not neatly piled, or anything whatsoever, including but not limited to unreasonable accumulations of brush, tailings, roots, grass, weeds or other vegetation, in which flies or rodents may breed or multiply or which may be a fire danger;

8.    Any abandoned, unattended or discarded icebox, refrigerator, freezer, storage locker or other container, having a capacity of one and one-half cubic feet or more, whether manufactured, custom-made or home-made, having a door or lid, and a snap lock or other latching or locking device which has not had the latching mechanism removed to prevent the latching or locking of the door or lid;

9.    Laying out, exposing or leaving exposed, in an unenclosed place known to be accessible to domestic animals, protected wildlife or children, any substance or combination of substances known to be a poison or poisonous if consumed by a human, animal or fowl;

10.    The emitting of loud and raucous noise, from whatever the source or location, in a manner which, under the circumstances, unreasonably disturbs others;

11.    Abandoned, unauthorized, wrecked, dismantled, junk or inoperative vehicle or automobile hulk as provided for in Chapter 10.28, as it now exists or is hereafter amended;

L.    Any unfit building or premises as defined in Chapter 15.04;

M.    Any premises or use in violation of the current building codes or zoning regulations of the city, Titles 15 and 18;

N.    Causing or allowing any other nuisance as defined in this chapter or in any other ordinance of the city, or state statute. (Ord. 632 § 1 (part), 2015: Ord. 470 § 2, 2002: Ord. 437 § 1, 2001: Ord. 332 § 3, 1994)

8.12.030 Prohibited conduct.

It is a violation of this chapter for any person to permit, create, maintain or allow, upon any premises, any of the acts or things declared in Section 8.12.020 to be a public nuisance, or to fail to abate such a nuisance pursuant to lawful notice given under the provisions of this chapter. Willful violation of this chapter is a misdemeanor. (Ord. 632 § 1 (part), 2015: Ord. 332 § 2, 1994)

8.12.040 Abatement procedure.

A.    Upon receipt of information or upon personal observation that a nuisance exists as defined in Section 8.12.010, the enforcement officer shall cause an investigation of the matter and premises involved. If the enforcement officer determines that a nuisance exists he or she shall require the owner of the premises involved to abate the nuisance at his or her own cost and expense, in whole or in part. The enforcement officer shall give written notice to the owner as prescribed in this section, describing the property involved, the condition to be corrected, and a specified reasonable time within which the owner must correct the condition, which shall be not less than five days, or ten (10) days from the date of service by mail as evidenced by the postmark on the notice. The notice must further specify (1) that if the owner fails to abate the nuisance within the specified period of time, the city shall cause the work to be performed and shall assess all or any portion of the cost thereof against the owner; (2) that the owner may be liable for civil penalties for each day or part of day that the condition continues to exist following the notice; (3) that the owner alternatively may be liable to criminal prosecution, as provided in this chapter; and (4) that the owner has a right to appeal the notice as provided in subsection (E) of this section. The required notice shall be in substantially the following form:

NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION (NUISANCE)

(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 enforcement officer of the City of Rainier has determined, pursuant to RMC 8.12, that there exists upon or adjoining said premises the following condition contrary to the provisions of.

____________

You are hereby further notified to abate that condition to the satisfaction of the city within ____ days of the date of this notice. If you do not abate the condition within ____ days the city may abate the condition at your expense. Your failure to abate the condition will be considered a violation for which you may incur monetary penalties of $250.00 for each day or part of day that the condition continues to exist.

Alternatively, failure to abate a nuisance may be prosecuted as a misdemeanor. The steps you must take to abate the nuisance are as follows:

You have the right to appeal this notice within 30 days or within 30 days from the date of service by mail, as evidenced by the postmark on the notice. In order to appeal this decision you must deliver or mail a written request for review to the City Clerk.

Thank you for your immediate attention to this matter.

Enforcement Officer Date

B.    The notice given by the enforcement officer to the owner shall be deposited in the United States mail with a return receipt requested or shall be personally served by delivering a copy thereof to the owner by leaving the same with a person of suitable age and discretion at the owner’s place of residence. If the owner is not a resident of the city, the notice shall be served by leaving the same with the tenant in possession of the property or, if there is no such tenant, by posting a copy of the notice in a conspicuous place on the property involved and by mailing a copy thereof to the owner at his or her last known address if any. Service by mail will be deemed complete at the end of the third full business day following its deposit in the U.S. mail, postage prepaid.

C.    Upon serving the notice prescribed in this chapter, the enforcement officer shall file with the city clerk a certificate of service, in the following form:

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true copy of the attached Notice to Abate Unsafe or Unlawful Condition was served upon the person (or persons) to whom it was addressed by (check one or more of the following):

Delivering the copy to each of the addressees personally;

Leaving the copy at the owner’s place of residence with a person of suitable age and discretion; or

Leaving the copy with the tenant in possession of the property; or

Mailing a copy, certified mail with return receipt requested, to the owner at his (her) last known address, postage prepaid; or

Leaving a copy posted on the vacant premises and mailing a copy, certified mail with return receipt requested, to the owner (who is not a city resident) at his (her) last known residence, postage prepaid.

Date Signature

D.    A person to whom a notice of abatement has been issued may request a hearing by filing a written notice with the city clerk within thirty (30) calendar days from the date of service of the notice, as evidenced by the postmark on the notice if service is by mail. The notice of appeal need not be in a particular form but must clearly state that the person identified in the notice of appeal is the person to whom a notice of abatement was given, the date of the notice of abatement and the notice of appeal, and the reason or reasons why the person believes the notice to be in error. The enforcement officer shall review the appeal and shall make a determination, after considering all pertinent facts, within ten (10) days. The officer’s decision shall be in writing, and shall be filed with the city clerk. A copy of the decision shall be mailed promptly to the property owner, and, if the decision finds that the nuisance exists, the decision shall notify the property owner of the amount of time within which the nuisance must be abated and that the owner may petition the appeals commission for review of the decision but must do so within thirty (30) days.

E.    Any person aggrieved by the decision of the enforcement officer may petition the appeals commission for review in accord with Section 2.52.060. Such appeal must be made within thirty (30) days of the enforcement officer’s decision.

F.    If the notice is not timely or correctly appealed or if the appeal fails, and if the nuisance has not been abated within the time prescribed in the notice, the city shall cause the nuisance to be abated and shall charge the cost thereof against the property owner. The charges shall be considered as a personal obligation to the owner to the city, and shall be enforceable by the city in the same manner as other monetary claims.

G.    The costs of abatement, when borne by the city, may, if permitted, be assessed against the real property upon which the costs were incurred unless paid. The enforcement officer shall forward such costs to the city treasurer, who shall certify them to the county treasurer for assessment on the tax rolls as provided in Chapter 35.80 RCW. The costs of abatement are debt owed the city by responsible parties. (Ord. 632 § 1 (part), 2015: Ord. 334 § 2, 1994)

8.12.050 Continuing nuisance—Liability.

Every successive owner or occupant of property who neglects to abate a continuing nuisance upon or in the use of such property caused by a former owner is liable in the same manner as the owner who created it. (Ord. 632 § 1 (part), 2015: Ord. 334 § 3, 1994)

8.12.060 Continuing nuisance—Collected money.

All money collected for abatement purposes as provided in this chapter shall be paid to the city treasurer, shall be separately stated and itemized by the treasurer, and shall be credited by the treasurer to the departments or divisions of the city government which have incurred the abatement costs. (Ord. 632 § 1 (part), 2015: Ord. 334 § 4, 1994)

8.12.070 Emergencies.

Nothing in this chapter shall prevent the enforcement officer or any other officer of the city or other governmental unit from taking any other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property, or the unlawful obstruction of any public way or easement. The city’s costs of abating any such nuisance, summarily or otherwise, shall be recoverable in the same manner and to the same extent as costs of abating nuisances under any other provisions of this chapter, in addition to or as an alternative to any other rights or remedies the city may possess. (Ord. 632 § 1 (part), 2015: Ord. 334 § 7, 1994)

8.12.080 Safeguards.

In any case where a nuisance is abated the enforcement officer or other officer, agent or employee shall proceed with due care and without unnecessary destruction of property. In all cases the enforcement officer shall be authorized to employ such assistance and adopt such means as may be necessary to effect the entire abatement of the nuisance. (Ord. 632 § 1 (part), 2015: Ord. 334 § 8, 1994)

8.12.090 Fines.

A.    Notice of Fine. In addition to other remedies, the enforcement officer may assess a fine against anyone who fails to abate the nuisance within the amount of time specified in the notice of abatement. The notice shall be filed with the city clerk and served in the same manner as that provided in this chapter for the service of a notice of abatement. The notice shall state that a civil infraction was directed and shall accrue for each and every day or portion thereof during which the violation of the notice of abatement continues, and shall notify the person of a right to appeal. The amount of the penalty shall be measured daily for each violation as specified in subsection (B) of this section. The notice shall be in substantially the following form:

NOTICE OF DAILY FINE FOR FAILURE TO ABATE NUISANCE

(Name and address of person notified)

You are hereby notified that your failure to comply with the Notice to Abate Unsafe or Unlawful Condition (Nuisance) is a violation of RMC 8.12, a fine is being assessed against you in the amount of $250.00, for each day or part of day that this violation continues, commencing and until the condition specified in the said notice has been corrected to the city’s satisfaction.

Fines must be paid within thirty (30) days after they have been incurred. Your failure to pay the assessed penalties when due may result in a civil suit against you for the amount of those penalties in addition to court costs and abatement costs incurred by the city in correcting the condition in question. You have the right to appeal this notice to the Appeals Commission in accord with RMC 2.52 within 30 days of the service of this notice.

Thank you for your immediate attention to this matter.

Enforcement Officer Date

B.    Fines Assessed. The amount of fine that is assessed for each violation per day or portion of day is two hundred fifty dollars ($250.00).

C.    Appeal. A person to whom a fine has been assessed may file an appeal with the city clerk to contest the issuance of such notice or the amount not later than thirty (30) days following the service of the notice.

D.    Accrual of Fines. The fines for a continuing violation do not accrue during the pendency of a timely appeal.

E.    Continuing Duty to Correct. Payment of a fine does not relieve a person of the duty to abate a nuisance that was ordered by the enforcement officer.

F.    Collection of Fine.

1.    The fine constitutes a personal obligation of the person to whom the notice is directed. Any fine assessed must be paid to the city treasurer within seven calendar days from the date of service of notice or, if an appeal was filed, within seven calendar days of the decision.

2.    The city attorney, on behalf of the city, is authorized to collect the fine by any appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem fine as long as the violation continues.

G.    Other Remedies Preserved.

1.    The provisions of this chapter are not exclusive of other rights and remedies of the city under other provisions of other ordinances.

2.    In addition to the city’s right to assess costs and penalties against owners as provided in its ordinances, the city shall retain all rights of lien and other rights against the property in question for costs that remain unpaid, in the manner and form provided by state law and city ordinances. (Ord. 632 § 1 (part), 2015: Ord. 334 § 5, 1994)

8.12.100 Criminal penalties.

A.    As an alternative to any other penalty provided in this chapter or by law, any person who willfully violates any provision of this chapter shall be guilty of a misdemeanor.

B.    Any person who knowingly obstructs or hinders or provides false information to any officer or agent of the city or other governmental unit in the enforcement of this chapter is guilty of a misdemeanor. (Ord. 632 § 1 (part), 2015: Ord. 362 § 2 (part), 1995; Ord. 334 § 6, 1994)

8.12.110 Repeat violations.

Any person who has been required to abate a nuisance or on whose property a nuisance has been abated by the city pursuant to this chapter and who, within six months thereafter, violates Section 8.12.030 or other provision of this chapter in the same manner on the same or adjoining or adjacent property shall incur a fine double the maximum amount otherwise prescribed in Section 8.12.090. In addition, or alternatively, the violator may be charged with a misdemeanor under Sections 1.08.020 and 8.12.100. (Ord. 632 § 1 (part), 2015: Ord. 437 § 3, 2001)

8.12.120 Costs of abatement.

The provision in Section 15.04.120 for certification of costs to the county treasurer shall apply to the abatement of unsafe or unfit buildings, dwellings, structures or premises as defined and provided in Chapter 15.04. (Ord. 632 § 1 (part), 2015: Ord. 437 § 4, 2001)

8.12.130 Utilization of Chapter 15.04 for abatement of certain nuisances—When practicable.

If the matter under investigation by the enforcement officer involves the condition of a building, dwelling, structure or premises, the enforcement officer shall make a preliminary determination and finding of such condition under Sections 15.04.040 and 15.04.050. If the building, dwelling, structure or premises is thus determined to be unsafe or unfit as defined in Chapter 15.04, the enforcement officer may follow the abatement procedures prescribed in Chapter 15.04 whenever practicable; provided, however, that an abatement action under the provisions of either this  chapter or Chapter 15.04 shall not be invalid on the ground that it could have been taken or was directed to be taken under the provisions of the other chapter. (Ord. 632 § 1 (part), 2015: Ord. 437 § 5, 2001)

8.12.140 Entry upon property.

Any entry for inspection or enforcement for purposes of this chapter upon public or private property, except for emergencies, shall be made in compliance with the provisions of Chapter 1.04 relating to entry upon property, and warrants for entry, in all respects, and also shall be made in such manner as to cause the least possible inconvenience to the persons in possession. (Ord. 632 § 1 (part), 2015: Ord. 437 § 6, 2001)