Chapter 8.70
PUBLIC NUISANCES

Sections:

8.70.010    Public nuisances.

8.70.010 Public nuisances.

A.    Public Nuisances Defined. A public nuisance is a thing, act, omission to act, occupation, or use of property which shall unreasonably annoy, injure or endanger the safety, health, comfort or repose of the public; or shall unlawfully interfere with, obstruct or render dangerous for public use a public park, square, street, alley or highway; or shall render the public insecure in life or in use of property. Public nuisances include, but are not limited to, the following:

1.    Ponds or pools of stagnant water;

2.    Carcasses of animals not buried or destroyed within twenty-four hours after death;

3.    Garbage cans which are not fly- and water-tight, or are left open to the elements;

4.    Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;

5.    All nuisance vegetation, including: dead, diseased, infested or dying trees; any tree, shrub or foliage which is apt to damage or impair streets, sidewalks, sewers, utilities or other public improvements or impede visibility on public rights-of-way; vines or climbing plants growing into or over any appliance or facility provided for fire protection purposes;

6.    The existence of any trash, spilled garbage, waste, accumulation of lawn or yard trimmings or other offensive matter, except in a controlled compost process;

7.    Any litter, unless it is kept in approved covered bins or galvanized receptacles;

8.    All buildings, walls and other structures which have been damaged by fire, decay or otherwise so as to endanger the safety of the public;

9.    All places, other than those zoned and licensed as wrecking yards or repair shops, used or maintained for the storage of unlicensed vehicles or for wrecking or disassembling of vehicles or machinery of any kind; or storage of any parts thereof except within an enclosed garage or building. For the purposes of this chapter, all vehicles not bearing a current vehicle license within ninety days of the beginning of any license year shall be deemed unlicensed, and the restrictions in this chapter shall not apply to any resident repairing a licensed vehicle registered in his name; provided, no more than one vehicle may be under repair at a time within the front yard, and during such time all body and mechanical parts and tools shall be stored in a neat and orderly manner not in public view;

10.    Highly flammable or explosive liquids, solids or gases unless stored in bulk above ground. Tanks or drums of fuel directly connected with heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision;

11.    Outdoor storage of fuel containers and construction materials unless screened from view of the adjacent property by a fence, greenbelt or wall. Construction materials stored outside for up to sixty days as part of an active construction project are excluded from this provision;

12.    Any marijuana business, facility or operation that does not have a state license pursuant to RCW Title 69. This includes, but is not limited to, any marijuana production, processing, retail, or research business, facility, or operation;

13.    Growing, keeping, processing, and/or producing marijuana in a manner that is not in compliance with RCW Title 69 or Chapter 314-55 WAC, including, but not limited to, activities prohibited by RCW 69.51A.260, such as growing more than the authorized number of plants or engaging in an aforementioned activity in a manner that can be readily seen by normal unaided vision or readily smelled from a public place or the private property of another;

14.    Odors detected beyond the premises of the building of a marijuana producer or processor, even if the facility is operating under an approved ventilation plan;

15.    Any medical marijuana cooperatives, as established in RCW 69.51A.250, notwithstanding a state license or other recognition pursuant to RCW Title 69.

B.    Nuisance Abatement. Nuisances shall be Class 1 civil infractions under Chapter 7.80 RCW.

C.    If the same violator has been found, in any court of competent jurisdiction, to have previously committed an infraction for the same or similar conduct three or more separate times, with the infraction violations occurring at the same location and involving the same or similar sections of the code, the violator shall be charged with a misdemeanor. For the purposes hereof, it shall be prima facie evidence that the same violator has previously been found to have committed any infraction if a certified copy of the judgment, docket or other court document showing that such violation was found committed is filed with the court.

D.    The provisions of Chapter 7.80 RCW are incorporated by reference, except as modified in this chapter.

E.    Prior to, in lieu of, or in conjunction with issuing civil infractions for nuisances, the city may enter into voluntary correction agreements with a violator. Such voluntary correction agreements shall set forth a reasonable period of time for the violator to abate the nuisance, and may give the city permission to enter the property and abate the nuisance if voluntary abatement does not occur. (Ord. 1882-0116 § 2, 2016: Ord. 1834-1113 § 2, 2013: Ord. 1828-0513 § 1, 2013)