Chapter 8.32
PUBLIC NUISANCES*
Sections:
8.32.050 Enforcement—Request—Notice.
8.32.070 Abatement by owner or other responsible person.
8.32.110 Enforcement—Recovery of fees, costs, and disbursements.
*Prior legislation history: Ords. 654 and 1389.
8.32.010 Purpose.
The purpose of this chapter is to exercise the police power in relation to public nuisances and the abatement of such nuisances, to protect the public health, safety, and welfare, and to promote the economic development of the city. It is also the purpose of this chapter to prevent and prohibit those conditions which reduce the value of private property, interfere with the enjoyment of public and private property, create and constitute fire and other safety and health hazards, and generally create a menace to the health and welfare of the public and contribute to the degradation of the character of neighborhoods and depreciation of property values. It is necessary for the public health, safety, and welfare to regulate, prevent, and prohibit conditions which may constitute disorderly, disturbing, unsafe, unsanitary, fly-producing, rat-harboring, and/or disease-causing places, conditions, or objects. It is also necessary for the public social and economic welfare to regulate, prevent, and prohibit conditions which degrade the city’s scenic attractiveness and livability and its economic development. Therefore, all of the provisions of this chapter shall be liberally construed for the accomplishment of these purposes. (Ord. 1444 § 1 (part), 2006)
8.32.020 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 enforcement officer, in his judgment, determines is necessary in the interest of the general health, safety, and welfare of the community.
B. "Building materials" means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete blocks, roofing materials, cans of paint, and similar materials.
C. "Considerable number of persons" means three or more persons from different households.
D. "Enforcement officer" means the city police chief or any city police officer or other city employee designated by the city police chief.
E. "Person" means and includes natural persons of either sex, firms, co-partnerships, and corporations, and all associations of natural persons, whether acting by themselves or by a servant or employee.
F. "Premises" means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.
G. "Property" means any object of value that a person may lawfully acquire and hold.
H. “Public nuisance” means a thing, act, omission to act, occupation, or use of property which: (1) annoys, injures, or endangers the comfort, repose, health, or safety of the public; (2) offends public decency; (3) unlawfully interferes with, obstructs, or renders dangerous for passage any stream, river, channel, public park, square, street, alley, highway, or sidewalk; or (4) in any way renders the public insecure in life or use of property.
I. “Refuse” means vegetable offal, animal offal, discarded food, cans, bottles, waste paper, large tree limbs, garbage, litter and other waste substances from private and public establishments and from residences; but shall not include small amounts of weeds, twigs, grass, or other material resulting from the normal tending of lawns and gardens.
J. “Responsible person” means any agent, lessee, owner, or other person occupying or having charge or control of the premises. (Ord. 1444 § 1 (part), 2006)
8.32.030 Types of nuisances.
Each of the following places, conditions, or things, 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:
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, any one or more of the following places, conditions, things, or acts to the prejudice, danger, or annoyance of others:
A. 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. Burning or disposal of refuse, sawdust, or other material in such a manner as to cause or permit ashes, sawdust, soot, or cinders to be cast upon the streets or alleys of the city, or to cause or permit dense smoke, noxious fumes, ashes, soot, or gases arising from such burning to become annoying or injurious to the health, comfort, or repose of the general public;
C. Carcasses of animals not buried or destroyed within twenty-four hours after death;
D. All limbs of trees overhanging a public sidewalk which are less than ten feet above the surface of such sidewalk, or overhanging a city street which are less than twelve feet above the surface of such street;
E. 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 of the light from any street lamp;
F. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes any obstructing 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;
G. Any poisonous or harmful substance which is reasonably accessible to persons or animals;
H. The keeping, using, or maintaining of any pen, stable, lot, place, or premises in which any hogs, sheep, goat, cattle, mink, fox, chinchilla, nutria, or fowl or any other animal or bird may be confined or kept, in such a manner as to be noxious, foul, or offensive to any considerable number of persons;
I. 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 or bird which by frequent or habitual crowing or the making of other noises, annoys or disturbs any considerable number of persons;
J. All unused, abandoned, or discarded refrigerators, iceboxes, appliances, or light containers which are left in any place exposed or accessible to children;
K. The existence of any dead, diseased, infested, or dying tree that may constitute a danger to property or persons;
L. All shrubs, bushes, trees, or vegetation which has grown and died and which is a fire hazard;
M. All grass and/or weeds which exceed twelve inches in height or length in a nonagricultural use;
N. The existence of caterpillar infestations or other horticultural pests;
O. Premises overgrown with blackberry vines;
P. 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, or other rubbish or material;
Q. 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;
R. The existence of any drainage onto or over any sidewalk or public pedestrian way;
S. Privies, vaults, cesspools, sumps, pits, or like places which are not securely protected from flies or rats, or which are foul or malodorous;
T. 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 other trash or abandoned material, unless the same is kept in appropriate covered bins or metal receptacles;
U. Any 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, pipe, and other metal not neatly piled;
V. Any unsightly and dangerous building, billboard, or other structure, or any old, abandoned, or partially destroyed building or structure, or any building or structure commenced and left unfinished;
W. All places not properly fenced which are used or maintained as junk yards or dumping grounds, or for the wrecking, disassembling, repair, 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 places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others;
X. Repair of any automobile, truck, or other motor vehicle of any kind upon the public streets, alleys, or other public property of the city;
Y. 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, nothing contained in this subsection shall prevent the temporary retention of waste in appropriate receptacles;
Z. 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 occasioning noxious exhalations, offensive odors, or other annoyances, is discomforting or offensive or detrimental to the health of individuals or of the public;
AA. The playing or causing to be played, in front of any building where any show, moving picture exhibition, or a theatrical performance is given, or any open vestibule or area of any building, of any automatic, or mechanical musical instrument for the attraction of customers;
BB. 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;
CC. Any unguarded or abandoned excavation, pit, well, or holes which would endanger safety;
DD. Any unsightly and unsafe partially destroyed building or structure, that has not been repaired or removed within a reasonable period of time, which period shall not be less than sixty days and not more than one year;
EE. Owning, controlling, possessing, transporting, or maintaining any litter receptacle or other container utilized for the deposit or transportation of refuse in such a manner that such receptacle or container is noxious, putrid, foul, offensive or malodorous, or is not securely protected from flies, rats, birds or other animals, or such that it fails to contain the contents, including liquids. Failure to comply with the provisions of this section is a public nuisance. (Ord. 1444 § 1 (part), 2006)
8.32.040 Prohibited conduct.
A. It shall be unlawful for any person(s) to create, permit, maintain, suffer, carry on, or allow upon their premises any of the acts or things declared by this chapter to be a public nuisance.
B. It shall be unlawful for any person(s) to create, maintain, carry on, or do any of the acts or things declared by this chapter to be a public nuisance. (Ord. 1444 § 1 (part), 2006)
8.32.050 Enforcement—Request—Notice.
The enforcement officer, having knowledge of any public nuisance, shall cause any owner or other responsible person(s) to be notified of the existence of a public nuisance on any premises and shall request such person(s) to abate the condition within ten calendar days after notice, or other reasonable period. The notice shall be substantially in the following form:
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NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION |
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(Name and address of person notified.) |
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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 Ordinance No. ___ of the City of Sumas has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of sub-section ___ of Ordinance No. ___. |
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You are hereby notified to abate said condition to the satisfaction of the undersigned within 10 days of the date of this notice. If you do not abate such condition within 10 days the City will abate the condition at your expense. |
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Abatement is to be accomplished in the following manner: |
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Dated: |
____________________________________ |
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By: |
_______________________________________ |
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(Name of enforcement officer) |
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Upon the failure of such persons to abate the public nuisance, the city may proceed with abatement. (Ord. 1444 § 1 (part), 2006)
8.32.060 Abatement by city.
In all cases where the city 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 pursuant to Section 8.32.050. The debt shall be collectable in the same manner as any other civil debt owing to the city. 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 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. (Ord. 1444 § 1 (part), 2006)
8.32.070 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 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. 1444 § 1 (part), 2006)
8.32.080 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 expense of such abatement shall be collected as provided in Section 8.32.060. (Ord. 1444 § 1 (part), 2006)
8.32.090 Violation—Penalty.
In addition to the costs of abatement, violation of any of the provisions of this chapter shall be punished as follows:
a. First Offense. The first offense within a five-year period shall be deemed a civil infraction and shall be punished by a penalty of not more than five hundred dollars, including all costs and assessments, and not less than one hundred dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
b. Second Offense. The second offense within a five-year period shall be deemed a civil infraction and shall be punished by a penalty of not more than five hundred dollars, including all costs and assessments, and not less than one hundred fifty dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
c. Third or Subsequent Offense. A person committing a third or subsequent offense within a five-year period shall be guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed one thousand dollars or imprisonment in jail not to exceed ninety days or by both such fine and imprisonment. The minimum sentence shall be two hundred fifty dollars, which amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Law enforcement officers commissioned by the city are authorized to issue a notice of infraction upon certification that the officer has probable cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this chapter. The infraction need not have been committed in the issuing officer’s presence except as otherwise provided by law. (Ord. 1444 § 1 (part), 2006)
8.32.100 Additional remedies.
The remedies prescribed in this chapter are in addition to all other remedies provided or authorized by law, including the city’s right to bring an action in the Whatcom County superior court to enjoin and abate the public nuisance. (Ord. 1444 § 1 (part), 2006)
8.32.110 Enforcement—Recovery of fees, costs, and disbursements.
In any action or suit authorized or brought under this chapter, the city, if it prevails, shall recover a reasonable attorney fee to be set by the court, in addition to its costs and disbursements. (Ord. 1444 § 1 (part), 2006)