CHAPTER 1
PUBLIC NUISANCES; ABATEMENT
SECTION:
5-1-3: Public Nuisances Declared
5-1-1 PURPOSE:
This chapter shall be deemed an exercise of the police power of the city and is deemed necessary for the continued peace, health and welfare of the city. Therefore, all of its provisions shall be liberally construed for the accomplishment of such purposes. (Ord. 811, 10-8-2007)
5-1-2 DEFINITIONS:
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
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ABATE: |
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 judgment, determines is necessary in the interest of the general health, safety and welfare of the community. |
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BUILDING MATERIALS: |
Means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials. |
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CONSIDERABLE NUMBER OF PERSONS: |
Three (3) or more persons from different households. |
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ENFORCEMENT OFFICER: |
The police department and the city’s code administrator, or other duly authorized building official of the city or their designee. |
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PERSON: |
Means and includes natural persons of either sex, associations, copartnerships and corporations whether acting by themselves or by a servant, agent or employee; the singular number shall include the plural and the masculine pronoun shall include the feminine. |
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PREMISES: |
Any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. |
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PROPERTY: |
Any object of value that a person may lawfully acquire and hold. |
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PUBLIC NUISANCE: |
A thing, act, omission to act, occupation, or use of property which: |
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A. Annoys, injures or endangers the comfort, repose, health or safety of the public. |
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B. Offends public decency. |
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C. Unlawfully interferes with, obstructs, or renders dangerous for passage any stream, river channel, public park, square, street, alley, highway or sidewalk. |
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D. In any way renders the public insecure in life or use of property. |
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RECREATIONAL FIRE: |
Cooking fires and campfires using charcoal or firewood that occur in designated areas or on private property for cooking, pleasure, or ceremonial purposes, religious, warmth or similar purposes. Fires used for debris disposal purposes are not considered recreational fires. Recreational fires include: |
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A. Barbecue: A cooking appliance that may be portable or permanent. |
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B. Outdoor Fireplace: An outdoor fireplace constructed of masonry or metal materials and considered permanent in nature. |
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C. Portable Fire Devices With Open Flame: Noncombustible devices such as a fire pit or fire bowl or chiminea that contain fire. |
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RESPONSIBLE PERSON: |
Any agent, lessee, owner or other person occupying or having charge or control of any premises. (Ord. 840, 6-14-2010) |
5-1-3 PUBLIC NUISANCES DECLARED:
A. Declaration Of Nuisance; Abatement: 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, the officer may require or provide for the abatement thereof pursuant to this chapter.
B. Nuisance Conditions Enumerated: The erecting, maintaining, using, placing, depositing, causing, allowing, leaving or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, avenue, alley, park, parkway or other public or private place in the city, of one (1) or more of the following places, conditions, things, or acts to the prejudice, anger, or annoyance of others:
1. Garbage, Refuse And Offensive Substances:
a. Manure Or Rubbish: Accumulations of manure or rubbish except a compost pile so covered or concealed as not to affect the health, safety or depreciation of adjoining property.
b. Storage Of Tin Cans, Rubbish In Receptacles: Any tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire, pipe, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the same is kept in covered bins or metal receptacles approved by the city.
c. Trash, Lumber, Litter Piles: Any trash, litter, storm debris, significant vegetation waste, 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, pipe, and other metal not neatly piled.
d. Unwholesome Meat, Vegetables, Garbage: Any putrid, unsound or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish or fowl, butcher’s trimmings and offal; or any waste vegetable or animal matter in any quantity; garbage, human excreta or other offensive substance; provided, that nothing contained in this chapter shall prevent the temporary retention of waste in receptacles in the manner approved by the city.
2. Burning, Fires:
a. Burning Refuse, Sawdust: Burning or disposal of refuse, sawdust or other material in such a manner to cause or permit ashes, sawdust, soot or cinders to be cast upon the streets or alleys of the city, or gases arising from such burning to become annoying or injurious to the health, comfort, or repose of the general public.
b. Burning On Public Ways: 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, grass, grass clippings, paper, wood, boards, boxes, leaves, manure, other rubbish or material.
c. Certain Fires Permitted: Recreational fires as defined in section 5-1-2 that have no more than a total fuel area of three feet (3') or less in diameter and two feet (2') or less in height shall be permitted, with the following conditions applying:
(1) No person shall create a recreational fire on property within the jurisdiction of the city of Roy without first obtaining an annual permit from the city clerk for such "property," as defined in section 5-1-2; provided, that a barbecue that is commercially manufactured shall not require a permit.
(A) The annual permit shall be effective for one (1) calendar year and shall apply to all lawful recreational fires created after the date of the permit for the calendar year in which it is obtained.
(B) A new annual permit must be obtained for each calendar year.
(C) No charge shall be assessed for the recreational fire permit.
(D) A recreational fire permit shall automatically be revoked upon violation of any provisions of this subsection. Once a recreational fire permit has been revoked, it shall be unlawful for any person to create a recreational fire on the property for which the permit was issued. No subsequent permit shall be issued by the city unless and until the person violating this subsection has satisfied all obligations owing in connection with the violation, including, but not limited to, reimbursement of the costs of enforcement of this subsection. Once the recreational fire permit for a property has been revoked, the property shall not qualify for a new permit for a period of one (1) year (three hundred sixty-five (365) days) from the date the violation is declared committed by a court of lawful jurisdiction.
(2) Recreational fires shall be prohibited during burn bans.
(3) Recreational fires shall be no closer than twenty-five feet (25') to any structure, except that a recreational fire in a closed container shall be not less than fifteen feet (15') from a structure.
(4) No fuels except clean natural firewood, charcoal or manufactured fire logs and liquefied petroleum gas (LPG) shall be permitted.
(5) Fire shall be attended by an adult at all times.
(6) Fire extinguisher with a rating of 4A or greater or a charged hose with a nozzle attached is required to be readily available.
(7) The following materials may not be burned in any outdoor fire: garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, construction/demolition debris, metal, or any substance (other than natural vegetation) that normally releases toxic emissions, dense smoke, or obnoxious odors when burned.
(8) An adult capable of extinguishing the fire must attend it at all times, and the fire must be extinguished before leaving it.
d. Violation: It is unlawful for any person to cause or allow outdoor burning that causes an emission of smoke or any other air contaminant that is detrimental to the health, safety, or welfare of any person, that causes damage to property or business, or that causes a nuisance. Any burning of any material not specifically permitted within this chapter, any permitted burning that does not meet the requirements of this chapter, and any burning that otherwise meets the definition of a "public nuisance" shall be deemed a violation of this chapter, and shall be subject to all penalties and enforcement costs permitted by law.
e. File Complaint: Any person affected by outdoor burning may file a complaint with the permitting agency or other designated enforcing agency.
f. Response To Complaint; Determination If Burning Is Unlawful: Any agency responding to an outdoor burning complaint should attempt to determine if the burning on any particular property is unlawful. This may include, but is not limited to, considering whether the burning has caused an emission of smoke or any other air contaminant in sufficient quantity to be unlawful.
g. Immediate Extinguishment: Any person responsible for such unlawful outdoor burning must immediately extinguish the fire.
3. Animals:
a. Carcasses Of Animals: Carcasses of animals not buried or destroyed within twenty-four (24) hours after death.
b. Animal Pens Or Premises; Offensive Condition: The keeping, using or maintaining of any pen, stable, lot, place or premises in which any hog, sheep, goat, cattle, mink, fox, chinchilla, nutria, fowl or in which any other animal or bird may be confined or kept, in such a manner as to be nauseous, foul or offensive to any considerable number of persons.
c. Barking Or Noisy Animals: The keeping or harboring of any animal which by frequent or habitual howling, yelping, barking or the making of other noises, or the keeping or harboring of any fowl which by frequent habitual crowing or the making of other noises, shall annoy or disturb any considerable number of persons.
4. Stagnant Water: Ponds or pools of stagnant water.
5. Streets, Sidewalks, Public Ways:
a. Sidewalks: All snow and ice not removed from public sidewalks abutting an owner’s property within a reasonable time after the snow and ice have ceased to be deposited thereon. Sidewalk deviation or difference in elevation greater than three-fourths inch (3/4") not repaired or replaced within a reasonable time after the owner discovers or should have discovered the deviation. The city may repair the deviation or pay the cost of repair and in such case shall charge the owner the cost.
b. Traffic Or Pedestrian Obstruction: Any use of the property abutting on a public street or sidewalk or any use of public street or sidewalk which causes any obstructions of traffic and the free use of the streets or sidewalks; provided, that this subsection shall not apply to events, programs or parades authorized by the city council.
c. Drainage Over Sidewalks: The existence of any drainage onto or over any sidewalk or public pedestrianway.
6. Trees, Plants And Weeds:
a. Tree Limbs Overhanging Sidewalk Or Street: All limbs of trees overhanging a public sidewalk which are less than ten feet (10') above the surface of said sidewalk, or overhanging a city street which are less than twelve feet (12') above the surface of said street.
b. Vines And Climbing Plants: The existence of any vines or climbing plants growing into or over any street, 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; or obstruct or interfere with the proper diffusion from the light from any streetlamp.
c. Infested Or Dying Trees: The existence of any dead, diseased, infested or dying tree that may constitute a danger to property or persons.
d. Trees Or Vegetation As Fire Hazard: All shrubs, bushes, trees or vegetation which has grown and died and which is a fire hazard.
e. Height Of Grass And Weeds: All grass and/or weeds which exceed twelve inches (12") in height in a nonagricultural use.
f. Blackberry Vines: Premises overgrown with blackberry vines.
7. Poisonous Or Harmful Substances: Any poisonous or harmful substance which is reasonably accessible to persons or to animals.
8. Abandoned Refrigerators, Iceboxes: All unused, abandoned or discarded refrigerators, iceboxes, or like containers which are left in any place exposed or accessible to children.
9. Horticultural Pest Infestations: The existence of caterpillar infestations or other horticultural pests.
10. Storing Unused Building Materials; Special Permit: The storage or keeping on any premises visible from a public right-of-way, for more than sixty (60) days, of any used or unused building materials, without a special permit from the building official; provided, that nothing herein shall:
a. 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.
b. Prohibit such storage without a permit on the premises of a bona fide lumberyard, dealer in building materials or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable ordinances.
c. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws.
11. Buildings And Structures: The existence of buildings, structures, etc., as addressed in section 10-1-15.
12. Privies, Cesspools: Privies, vaults, cesspools, sumps, pits, or like places which are not securely protected from flies or rats, or which are foul or malodorous.
13. Fencing Of Junkyards Or Wrecking Yards: All places not properly fenced which are used or maintained as junkyards or dumping grounds, or for the wrecking, disassembling, repairing or rebuilding of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others.
14. Abandoned Vehicles: Deposit, keep or leave or to permit to be deposited, kept or left in any place accessible to children, or in any place viewable from a public street or alley, any abandoned vehicle, or any vehicle hulk or any part thereof. For the purposes of this subsection "abandoned, unused, nonrunning" refers to a vehicle which is not movable under its own power and which has been in a stationary position for more than fourteen (14) days.
15. Vehicle Repair On Streets: Repair of an automobile, truck or other motor vehicle of any kind upon the public streets, alleys or other public property of the city.
16. Offensive Businesses: The erection, continuance or use of any building, room or other place in the city for the exercise of any trade, employment or manufacture, which by occasional noxious exhalations, offensive odors or other annoyances is discomforting, offensive or detrimental to the health of individuals or of the public.
17. Attracting Customers; Performances Near Businesses: The playing, or causing to be played, in front of any building where any show, moving picture exhibition or theatrical performance is given, or in the open vestibule or area of any building, of any automatic or mechanical musical instrument for the attraction of customers.
18. Sound Amplifying Devices: Making, causing or permitting to be made by means of any speaker or other sound amplifying device, or horn or other mechanical device, or by outcry, loud speaking, singing or by any other means of discordant and unnecessary noise of any kind which annoys any considerable number of persons lawfully in the immediate area.
19. Abandoned Excavation Or Pit: Any unguarded or abandoned excavation, pit, well, or holes which would endanger safety. (Ord. 856, 7-25-2011; Ord. 963, 5-29-2018)
5-1-4 PROHIBITED CONDUCT:
It shall be unlawful for any responsible person or owner to create, permit, maintain, suffer, carry on or allow, upon any premises, any of the acts or things declared by this chapter to be a public nuisance. (Ord. 811, 10-8-2007)
5-1-5 ENFORCEMENT; NOTICE:
The enforcement officer, upon receipt of a written complaint 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 (10) calendar days after the notice or other reasonable period. The notice shall be in such form as determined by the city. (Ord. 811, 10-8-2007)
5-1-6 ABATEMENT PROVISIONS:
A. Abatement By City:
1. In all cases where the enforcement officer has determined to proceed with abatement, ten (10) days after giving notice, the city shall acquire jurisdiction to abate the condition at the person’s expense as herein provided.
2. 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 persons who have been given notice as herein provided. The debt shall be collectible in the same manner as any other civil debt owing to the city.
3. The city shall also have the right to file a lien against the real property for all charges and expenses incurred in abating the nuisance. 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 (90) days from the date of the abatement and the same may at any time thereafter be collected in the manner provided for foreclosure of mechanics’ liens under the laws of the state of Washington.
B. Abatement By Owner Or Other Responsible Person:
1. If and when an 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.
2. 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.
C. 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 enforcement officer shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall be collected as provided in subsection A of this section. (Ord. 811, 10-8-2007)
5-1-7 REMEDIES NOT EXCLUSIVE:
The remedies prescribed in this chapter are in addition to all other remedies provided or authorized by law. (Ord. 811, 10-8-2007)
5-1-8 PENALTY:
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 811, 10-8-2007)