Chapter 8.04
NUISANCE CONTROL CODE
Sections:
8.04.060 Abatement by owner or other responsible person.
8.04.070 Immediate danger – Summary abatement.
8.04.005 Short title.
This chapter may be known and cited as the “Yarrow Point nuisance control code.” (Ord. 602 § 1, 2009)
8.04.010 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 block, roofing material, cans of paint and similar materials.
C. “Enforcement officer” means the mayor or any alternate designated by him/her.
D. “Premises” means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent walkways and parking strips.
E. “Responsible person” means any agent, lessee or other person occupying or having charge or control of any premises, except the owner. (Ord. 602 § 1, 2009)
8.04.020 Types of nuisances.
Each of the following conditions, actions or activities, unless otherwise permitted by law, is declared to constitute a public nuisance, and is subject to civil enforcement and penalties as provided in this chapter. In addition, or in the alternative, whenever the enforcement officer determines that any of these conditions, actions or activities exist upon any premises or in any lake, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter:
A. The existence of any offensive or dangerous accumulation of weeds, trash, dirt, filth, waste shrubs, lawn or yard trimmings, the carcass of any animal or other offensive matter;
B. The existence of any dead, diseased, infested or dying tree that may constitute a danger to street trees, streets or portions thereof;
C. The existence of any tree, shrub or foliage, which is apt to destroy, impair, interfere or restrict:
1. Streets, sewers, utilities, walkways, or other public improvements;
2. Visibility on, or free use of, or access to such improvements;
D. The existence of any vines or climbing plants growing into or over any street tree, or any public hydrant or utility pole, or the existence of any shrub, vine or plant growing on or in front of any hydrant or any other appliance or facility provided for fire protection in such a way as to obscure the view thereof or impair the access thereto;
E. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard;
F. The dumping or otherwise unlawful depositing of refuse, sawdust or any other material without a permit;
G. The existence of any obstruction to a street, alley or walkway and any excavation in or under any street, alley, crossing or walkway, which is by ordinance prohibited, or which is made without lawful permission, or which, having been made by lawful permission, is kept and maintained after the purpose thereof has been accomplished and for an unreasonable length of time, not to exceed 45 days;
H. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises or in or upon any street, alley, park, walkway or other public or private place in the town any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things:
1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity. Nothing in this subsection shall prevent the temporary retention of waste in approved covered receptacles;
2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul in odor;
3. Any filthy, littered or trash-covered dwellings, cellars, house yards, vacant lots, houses, buildings or premises;
4. Any inherently offensive or dangerous accumulation of bottles, cans, glass, ashes, paper or paper products, small pieces of scrap iron, wire metal articles, household appliances, broken concrete, broken glass, broken plaster and all such trash or abandoned material unless it is kept in approved covered bins or appropriate containers;
5. Any trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire hazard;
I. The depositing, or causing to be deposited, in any street, walkway, park, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material;
J. The storage or keeping on any premises in public view for more than 30 days of any used or unused building materials as defined in YPMC 8.04.010, whose retail cost new would exceed $1,000, without a special permit from the building official; provided, that nothing in this subsection shall:
1. 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;
2. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws;
K. 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 otherwise dilapidated or unsafe condition;
L. The existence or maintenance on any premises of a storage area, junkyard or dumping ground for the wrecking or disassembling of automobiles, trucks, trailers, house trailers, boats, tractors or other vehicle or machinery of any kind, or for the storing or leaving of worn out, wrecked, inoperative or abandoned automobiles, trucks, trailers, house trailers, boats, tractors or other vehicle or machinery of any kind or of any major parts thereof;
M. The existence of any drainage onto or over any walkway, public way or street. (Ord. 705 § 3, 2020; Ord. 602 § 1, 2009)
8.04.030 Prohibited conduct.
A. It is unlawful for any responsible person or owner to permit, maintain, suffer, carry on or allow, upon any premises or in any lake, stream, drainage way or wetlands, any of the acts or things declared by this chapter to be a public nuisance.
B. It is unlawful for any person to create, maintain, carry on or do any of the acts or things declared by this chapter to be a public nuisance. (Ord. 602 § 1, 2009)
8.04.040 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 10 days after notice or other reasonable period. The notice shall be substantially in the following form:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
(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 pursuant to Chapter 8.04 of Yarrow Point Municipal Code has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection ___ of 8.04.020:
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 ____ days the town will abate the condition at your expense.
Abatement is to be accomplished in the following manner:
Dated: __________
by ______________ (Name of enforcement officer)
(Ord. 602 § 1, 2009)
8.04.050 Abatement by town.
In all cases where the enforcement officer has determined to proceed with abatement, 10 days after giving notice, the town shall acquire jurisdiction to abate the condition at the person’s expense as provided in this chapter. Upon the abatement of the condition or any portion thereof by the town, all the expenses thereof shall constitute a civil debt owing to the town jointly and severally by such of the persons who have been given notice as provided in this chapter. The debt shall be collectable in the same manner as any other civil debt owing to the town. (Ord. 602 § 1, 2009)
8.04.060 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. 602 § 1, 2009)
8.04.070 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 become a civil debt against the owner or other responsible party and be collected as provided in YPMC 8.04.050. (Ord. 602 § 1, 2009)
8.04.080 Violation.
A. Any person violating any of the provisions of this chapter is guilty of a civil infraction with a penalty of $500.00 for each day the violation exists. The civil infraction may be imposed as a remedy under Chapters 1.08 and 2.52 YPMC, which is in addition to abatement as provided in YPMC 8.04.040 and 8.04.050.
B. In addition, any violation of the provisions of this chapter constitutes a code violation under Chapter 1.08 YPMC and is subject to enforcement action, corrective action, fines and penalties described therein. (Ord. 696 § 3 (Exh. B§3), 2019; Ord. 602 § 1, 2009)