HomeMy WebLinkAboutORD 4903Amended By ORD 5081 , 5196
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4903
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDING
NEW SECTIONS 1-3-3, NUISANCES, 1-3-6, CONFLICTS, AND 1-3-7,
SEVERABILITY, AND ADDING DEFINITIONS TO SECTION 1-3-4,
DEFINITIONS, OF CHAPTER 3, PENALTIES, OF TITLE I
(ADMINISTRATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON"
ESTABLISHING AND DEFINING WHAT CONSTITUTES A NUISANCE,
PROVIDING FOR CORRECTION, ABATEMENT AND
ENFORCEMENT, AND FOR RECOVERY OF COSTS AND
ATTORNEY'S FEES AND DECLARING INTERFERENCE TO BE A
MISDEMEANOR AND ESTABLISHING PENALTIES.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
(Administration) of Ordinance No. 4260 entitled "Code Of General Ordinances of the City of
Renton, Washington" is hereby added, to read as follows:
1-3-3 NUISANCES
A. Purpose.
The purpose of this section is to establish a system to enforce the development, land use,
and public health regulations of the City, whether under the health, safety and sanitation
regulations of the City of Renton or those applicable to the City under the Seattle - King County
AS FOLLOWS:
SECTION I. A new Section, 1-3-3, Nuisances, of Chapter 3, Penalties, of Title I
Sections:
1-3-3.A
1-3-3.B
1-3-3.C
1-3-3.D
1-3-3.E
1-3-3.F
1-3-3.G
1-3-3.H
Purpose.
Declaration of nuisance.
Voluntary correction.
Notice of civil infraction.
Hearing before the Renton Municipal Court.
Abatement by the City.
Abatement by lawsuit.
Additional enforcement procedures.
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Health Department rules and regulations. It is further the purpose of this Section to provide an
opportunity for a prompt hearing and decision on alleged violations of these regulations, and to
establish penalties for violations, including abatement of any affected properties or nuisance as
defined in City Code Section 1-3-3.
B. Declaration of nuisance.
All violations of development, land use, and public health ordinances or Seattle - King
County Health Department rules and regulations are found and declared to be detrimental to the
public health, safety, and welfare and further found and declared to be nuisances.
C. Voluntary correction.
1. Applicability. This section applies whenever the applicable department director
or his or her designee determines that a nuisance has occurred or is occurring.
2. General. The applicable department director or his or her designee shall attempt
to secure voluntary correction by contacting the person responsible for creating, maintaining or
permitting the nuisance and, where possible, explaining the violation and requesting correction.
If the person responsible for the nuisance is a tenant, the City shall endeavor to notify the owner
of the property of the nuisance violation and the nature of that violation.
3. Issuance of Voluntary Correction Agreement. A voluntary correction agreement
may be entered into between the person responsible for creating, maintaining or permitting the
violation and the City, acting through the applicable department director or his or her designee.
a. Content. The voluntary correction agreement is a contract between the
City and the person responsible for creating, maintaining or permitting the violation
under which such person agrees to abate the violation within a specified time and
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according to specified conditions. The voluntary correction agreement shall include the
following:
(1) The name and address of the person responsible for creating,
maintaining or permitting the violation; and
(2) The street address or other description sufficient for identification
of the building, structure, premises, or land upon or within which the violation has
occurred or is occurring; and
(3) A description of the violation and a reference to the regulation
which has been violated; and
(4) The necessary corrective action to be taken, and a date or time by
which correction must be completed; and
(5) An agreement by the person responsible for creating, maintaining
or permitting the violation that the City may enter and inspect the premises
without a warrant as may be necessary to determine compliance with the
voluntary correction agreement; and
(6) An agreement by the person responsible for creating, maintaining
or permitting the violation that the City may abate the violation and recover its
costs and expenses (including, but not limited to its attorney fees, expert witness
fees, and court costs) and/or a monetary penalty pursuant to this chapter from the
person responsible for creating, maintaining or permitting the violation if the
terms of the voluntary correction agreement are not fully satisfied; and
(7) An agreement that by entering into the voluntary correction
agreement, the person responsible for creating, maintaining or permitting the
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violation waives the right to a hearing before any court or hearing examiner under
this chapter or otherwise, regarding the matter of the violation and/or the required
corrective action.
b. Right to a Hearing Waived. Upon entering into a voluntary correction
agreement, the person responsible for creating, maintaining or permitting the violation
shall have no right to a hearing before any court or hearing examiner under this chapter or
otherwise, regarding the matter of the violation and/or the required corrective action.
c. Extension and Modification. An extension of the time limit for correction
or a modification of the required corrective action may be granted by the applicable
department director or his or her designee if the person responsible for creating,
maintaining or permitting the violation has shown due diligence and substantial progress
in correcting the violation, but unforeseen circumstances delayed correction under the
original conditions.
d. Abatement by the City. The City may abate the violation in accordance
with Code Section 1-3-3.F if the terms of the voluntary correction agreement are not met.
e. Collection of Costs. If the terms of the voluntary correction agreement are
not met the person responsible for creating, maintaining or permitting the violation shall
be assessed a monetary penalty commencing on the date set for correction and thereafter,
in accordance with Code Section 1-3-3.D.5, plus all costs and expenses of abatement, as
set forth in Code Section 1-3-3.F.4.
D. Notice of civil infraction.
1. Issuance.
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a. When the apphcable department director or his or her designee determines
that a violation has occurred or is occurring, and is unable to secure voluntary correction,
pursuant to Code Section 1-3-3.C the apphcable department director or his or her
designee may issue a notice of civil infraction to the person responsible for creating,
maintaining or permitting the violation. If the person responsible for the violation is a
tenant, the City shall endeavor to notify the owner of the violation and the nature of the
violation.
b. The applicable department director or his or her designee may issue a
notice of civil infraction without attempting to secure voluntary correction as provided in
Code Section 1-3-3.C under the following circumstances:
(1) When an emergency exists; or
(2) When a repeat violation occurs; or
(3) When the violation creates a situation or condition which cannot be
corrected by voluntary correction; or
(4) When the alleged violator knows or reasonably should have known
that the action is in violation of a City rule, regulation or ordinance; or
(5) The alleged violator cannot be contacted or refuses to
communicate or cooperate with the City in correcting the violation.
2. Content. The notice of infraction shall include the following:
a. The name and address of the person responsible for creating, mamtaining
or permitting that violation; and
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b. The street address or description sufficient for identification of the
building, structure, premises, or land upon or within which the violation has occurred or
is occurring; and
c. A description of the violation and a reference to the provisions) of the
City rule, regulation or ordinance(s) which has been violated; and
d. The required corrective action and a date and time by which the correction
must be completed after which the City may abate the unlawful condition in accordance
with Code Section 1-3-3.F; and
e. The right to contest the infraction before the Renton Municipal if
requested in writing within 14 days from the date the notice of infraction is issued; and
f. A statement indicating that no monetary penalty will be assessed, if the
applicable department director or his or her designee approves the completed, required
corrective action prior to the hearing; and
g. A statement that the costs and expenses of abatement incurred by the City
pursuant to Code Section 1-3-3.F.4, and a monetary penalty in an amount per day for
each violation as specified in Code Section 1-3-3.D.5 may be assessed against the person
to whom the notice of infraction is directed.
3. Service of Notice. The apphcable department director or his or her designee shall
serve the notice of infraction upon the person responsible for creating, maintaining or permitting
the violation, either personally or by mailing a copy of the notice of infraction by certified mail,
return receipt requested, to such person at their last known address. If the person responsible for
creating, maintaining or permitting the violation cannot be personally served within King County
and if an address for mailed service cannot be ascertained, notice shall be served by posting a
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copy of the notice of infraction conspicuously on the affected property or structure after
obtaining any necessary warrant. Proof of service shall be made by a written declaration under
penalty of perjury executed by the person effecting the service, declaring the time and date of
service, the manner by which the service was made and, if by posting, the facts showing the
attempts to serve the person personally or by mail.
4. Extension. Extensions of the time specified in the notice of infraction for
correction of the violation may be granted at the discretion of the apphcable department director
or his or her designee or by order of a court.
5. Monetary Penalty. The monetary penalty for each violation per day or portion
thereof shall be $100 per day for the first three days of the violation, $200 per day for the second
three days of the violation, $300 per day for the third three days of the violation, and $500 per
day thereafter as per City Code Section 1-3-2.D.2.
6. Continuing Duty to Correct. Payment of a monetary penalty pursuant to this
chapter does not relieve the person to whom the notice of infraction was issued of the duty to
correct the violation.
7. Collection of Monetary Penalty.
a. The monetary penalty constitutes a personal obligation of the person to
whom the notice of infraction is directed. Any monetary penalty assessed must be paid to
the City within 10 calendar days from the date of mailing of the court's or Renton
Municipal Court's decision or a notice from the City that penalties are due. Any such
monetary penalty shall further constitute a hen against the affected real property, in the
manner as set forth in Code Section 1-3-3.F.6.
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b. The City Attorney is authorized to take appropriate action to collect the
monetary penalty.
E. Hearing before the Renton Municipal Court.
1. Notice. A person who has contested an infraction will be scheduled to appear
before the Renton Municipal Court on the date established by the Court. Continuances may be
granted at the discretion of the Court for good cause shown
2. Prior Correction of Violation. The hearing will be canceled and no monetary
penalty will be assessed, if the applicable department director or his or her designee approves the
completed required corrective action prior to the scheduled hearing.
3. Procedure. The Renton Municipal Court shall conduct a hearing on the infraction
pursuant to its jurisdiction over infractions. The apphcable department director or his or her
designee or designee and the person to whom the notice of infraction was directed may
participate as parties in the hearing and each party may call witnesses. The City Attorney shall
represent the City in any such hearing. The determination of the applicable department director
or designee as to the need for the required corrective action shall be accorded substantial weight
by the Municipal Court in determining the reasonableness of the required corrective action.
4. Decision of the Municipal Court.
a. The Renton Municipal Court judge shall determine whether the City has
established by a preponderance of the evidence that a violation has occurred and that the
required correction is reasonable under the circumstances, and shall affirm, vacate, or
modify the City's decisions regarding the alleged violation and/or the required corrective
action, with or without written conditions.
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b. The Renton Municipal Court judge shall issue an order if the judge finds
that the City has sustained its burden of proof that a violation has occurred, to the person
responsible for creating, maintaining or permitting the violation which contains the
following information:
(1) The required corrective action, if any;
(2) The date and time by which the correction must be completed;
(3) The monetary penalties assessed based on the criteria in Code
Section l-3-3.E.4.c; and
(4) The date and time after which the City may proceed with
abatement of the unlawful condition if the required correction is not completed.
c. Assessment of Monetary Penalty. Monetary penalties assessed by the
Municipal Court judge shall be in accordance with the monetary penalty in Code Section
1-3-3.D.5, and 1-3-2.D.2.
(1) The Municipal Court judge shall have the following options in
assessing monetary penalties.
(i) Assess monetary penalties beginning on the date the notice
of infraction was issued and thereafter; or
(ii) Assess monetary penalties beginning on the correction date
set by the applicable department director or his or her designee or an
alternate correction date set by the court and thereafter; or
(iii) Assess less than the established monetary penalty set forth
in Code Section 1-3-3.D.5, based on the criteria of Code Section 1-3-
3.E.4.c(2); or
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(iv) Assess no monetary penalties.
(2) In determining the monetary penalty assessment, the Municipal
Court judge shall consider the following factors:
(i) Whether the alleged violator responded to staff attempts to
contact the person, and cooperated to correct the violation;
(ii) Whether the alleged violator failed to appear at the hearing;
(hi) Whether the violation was a repeat violation;
(iv) Whether the alleged violator showed due diligence and/or
substantial progress in correcting the violation; and
(v) Any other relevant factors.
(3) The Municipal Court judge may double the monetary penalty
schedule if the violation was a repeat violation. In determining the amount of the
monetary penalty for repeat violations the Municipal Court judge shall consider
the factors set forth in Code Section l-3-3.E.4.c(2).
5. Failure to Appear. If the person to whom the notice of infraction was issued fails
to appear without lawful excuse at the scheduled hearing, the Municipal Court judge will enter
an order with findings pursuant to Code Section l -3-3.E.4.b and assess the appropriate monetary
penalty pursuant to Code Section 1-3-3.E.4.C. The City may enforce the Municipal Court's order
and recover all related expenses, including attorney fees, plus the costs of the hearing and any
monetary penalty from that person.
6. Appeal of the Municipal Court's decision shall be governed by the rules of appeal
of decisions of courts of limited jurisdiction.
F. Abatement by the City.
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1. The City may abate a condition which continues to be a civil infraction when:
a. The terms of a voluntary correction agreement pursuant to Code Section
1-3-3.C have not been met; or
b. A notice of infraction has been issued pursuant to Code Section
1-3-3.D and not appealed or, if appealed, a hearing has been held pursuant to Code
Section 1-3-3.E and the required correction has not been completed by the date specified
in any final order; or
c. The condition is subject to summary abatement as provided for in Code
Section 1-3-3.F.2.
2. Summary Abatement. Whenever any nuisance causes a condition, the continued
existence of which constitutes an immediate threat to the public health, safety or welfare or to the
environment, the City may summarily and without prior notice abate the condition. Notice of
such abatement, including the reason for it shall be given to the person responsible for creating,
maintaining or permitting the violation, and if such person is a tenant, an additional notice to the
owner, as soon as reasonably possible after the abatement. No right of action shall lie against the
City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such
immediate threats, but neither shall the City be entitled to recover any costs incurred for
summary abatement, prior to the time that actual notice of same is provided to the person
responsible for creating, maintaining or permitting the violation.
3. Authorized Action by the City. Using any lawful means, the City may enter upon
the subject property and may remove or correct the condition which is subject to abatement. The
City may seek such judicial process as it deems necessary to effect the removal or correction of
such condition.
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4. Recovery of Costs, Attorney's Fees and Expenses. The costs, including incurred
expenses of correcting the violation, shall be billed to the person responsible for creating,
maintaining or permitting the violation and the owner, lessor, tenant or other person entitled to
control or use the property and shall become due and payable to the City within 10 calendar
days. The term "incurred expenses" includes, but is not limited to personnel costs, both direct
and indirect and including attorney's fees; costs incurred in documenting the violation; hauling,
storage and disposal expenses; and actual expenses and costs of the City in preparing notices,
specifications and contracts, and in accomplishing and/or contracting and inspecting the work;
and the costs of any required printing and mailing. All such costs and expenses shall constitute a
lien against the affected property, as set forth in Code Section 1-3-3.F.6.
5. Interference. Any person who knowingly makes a false or misleading statement to
the City's agents or intimidates a City agent, shall be guilty of the crimes of making a false and
misleading statement to a pubhc servant pursuant to RCW 9A.76.175, or mtirnidating a pubhc
servant pursuant to RCW 9A.76.180, adopted in the Renton Municipal Code under Chapter 6-10
and subject to the penalties adopted thereunder.
6. Lien - Authorized. The City of Renton shall have a lien for any monetary penalty
imposed, the cost of any abatement proceedings under this chapter, and all other related costs
including attorney and expert witness fees, against the real property where the work of abatement
was performed. The lien shall be subordinate to all previously existing special assessment hens
imposed on the same property and shall be superior to all other liens, except for state and county
taxes, with which it shall be on a parity.
a. The applicable department director or his or her designee, with the
assistance of, or consultation with the City Attorney, shall cause a lien to be filed for
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record within 90 days from the later of the date that the monetary penalty is due or the
date the work is completed or the nuisance abated.
b. The hen shall contain sufficient information regarding the notice of
infraction, as determined by the applicable department director or his or her designee, a
description of the property to be charged with the lien and the owner of record, and the
total amount of the lien.
c. Any such lien shall be verified by the applicable department director or his
or her designee, and may be amended from time to time to reflect changed conditions.
d. No such liens shall bind the affected property for a period longer than ten
years, without foreclosure or extension agreed to by the property owner.
G. Abatement by Lawsuit.
Whenever a public nuisance exists, and voluntary correction has failed or when violations
have continued and summary abatement is not merited, the City may proceed by a suit in the
King County Superior Court to enjoin and abate the nuisance in the manner provided by chapter
7.48 RCW as amended. If the City obtains an order of abatement, an injunction or a similar
remedy, the court shall award the City its costs of investigation, costs of abatement litigation and
attorney's fees.
H. Additional enforcement procedures.
The provisions of this chapter are not exclusive, and may be used in addition to other
enforcement provisions authorized by the Renton Municipal Code except as precluded by law.
SECTION 11. A new Section, 1-3-6, Conflicts, of Chapter 3, Penalties, of Title I
(Administration) of Ordinance No. 4260 entitled "Code Of General Ordinances of the City of
Renton, Washington" is hereby added, to read as follows:
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CONFLICTS.
In the event of a conflict between this chapter and any other provision of the Renton
Municipal Code or other City ordinance providing for a civil penalty, this chapter shall control.
SECTION III. A new Section, 1-3-7, Severability, of Chapter 3, Penalties, of Title
I (Administration) of Ordinance No. 4260 entitled "Code Of General Ordinances of the City of
Renton, Washington" is hereby added, to read as follows:
SEVERABILITY.
If any part or provision of this Section is found in violation of the law or otherwise
declared invalid then such remaining sections not declared illegal or invalid shall remain in full
force and effect.
SECTION IV. Code Section 1-3-4 is amended to read as follows:
A. Definitions.
As used in this Section, unless a different meaning is plainly required:
1. "Abate" means to repair, replace, remove, destroy or otherwise remedy a
condition which constitutes a civil infraction by such means, in such a manner, and to such an
extent as the applicable department director or his or her designee determines is necessary in the
interest of the general health, safety and welfare of the community.
2. "Act" means doing or performing something.
3. "Applicable department director or his or her designee" means the City's chief
operating officer or his or her designee, including any department director or other designee,
empowered by ordinance or by the City's chief operating officer to enforce a City ordinance or
regulation.
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4. "Civil infraction" means a violation for which a monetary penalty but no jail time
may be imposed as specified in this chapter. Each day or portion of a day during which a
violation occurs or exists is a separate violation.
5. "Code Compliance Inspector" means any employee(s) appointed by the
applicable department director or his or her designee to inspect for code violations and issue
violation notices.
6. "Development" means the erection, alteration, enlargement, demolition,
maintenance or use of any structure or the alteration or use of any land above, at or below ground
or water level, and all acts authorized by a City regulation.
7. "Emergency" means a situation which in the opinion of the applicable department
director or his or her designee requires immediate action to prevent or eliminate an immediate
threat to the health or safety of persons or property.
8. "Nuisance" (also referred to herein as "violation" or "nuisance violation") means:
a. A violation of any City of Renton development, land use, or public health
ordinance;
b. Doing an act, omitting to perform any act or duty, or permitting or
allowing any act or omission, which annoys, injures, or endangers the comfort, repose,
health or safety of others, is unreasonably offensive to the senses, or which obstructs,
disrupts or interferes with the free use of property by any lawful owner or occupant; or
c. The existence, without limitation, of any of the following conditions:
(1) Trash Covered Premises. Any premises containing trash, debris or
abandoned materials, except that kept in garbage cans or containers maintained
for regular collection, see Code Section 8-1-4.B;
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(2) Dangerous Structures. Any dangerous, decaying, falling or
damaged dwelling, fence, or other structure;
(3) Potential Vermin Habitat or Fire Hazard. Any accumulation of
material or debris on a property including, but not limited to, animal matter,
ashes, bottles, boxes, broken stone, building materials which are not properly
stored or neatly piled, cans, cement, crates, empty barrels, dead animals or animal
waste, glass, litter, mattresses or bedding, old appliances or equipment or any
parts thereof, furniture, iron or other scrap metal, inoperable machinery or
equipment, packing cases, packing material, plaster, plastic, rags, wire, yard waste
or debris or other objects which endanger property or public safety, or constitute a
fire hazard or vermin habitat; provided, that nothing herein shall prevent the
temporary retention of waste in approved, covered receptacles;
(4) Junk or Abandoned Vehicles. Any wrecked, inoperable, abandoned
or disassembled trailer, house trailer, boat, tractor, automobile or other vehicle, or
any parts thereof. A junk vehicle includes apparently inoperable, immobile,
disassembled or extensively damaged vehicles. Evidence of inoperability and
damage includes, but is not hmited to, a buildup of debris that obstructs use, a
broken window or windshield, a missing wheel, a flat tire, a nonfunctional motor
or transmission, missing bumpers, or missing license plates; provided nothing
herein shall prevent the keeping or storage of any vehicle on private property
within a building where it is not visible from the street or other pubhc or private
property. For further definitions and procedures see City Code Chapter 6-1;
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(5) Attractive Nuisances. Any attractive nuisance which may prove
detrimental to children whether in or on a building, on the premises of a building,
on an occupied or unoccupied lot, which is left in any place exposed or accessible
to children. This includes unused or abandoned refrigerators, freezers, or other
large appliances or equipment or any parts thereof; abandoned motor vehicles;
any structurally unsound or unsafe fence or edifice; any unsecured or abandoned
excavation, pit, well, cistern, storage tank, open crawl space, or shaft; and any
lumber, trash, debris or vegetation which may prove a hazard for minors;
(6) Obstructions to the Public Right-of-Way or Illegal Use of Public
Property. Use of property abutting a public street or sidewalk or use of a public
street, undeveloped right-of-way, or sidewalk which causes any obstruction to
vehicular or pedestrian traffic or to open access to the streets or sidewalks,
including working on vehicles in the public right-of-way except for emergencies
and then only for such time as reasonably necessary to solve such emergency and
illegal parking of commercial vehicles on public right-of-way in which all of the
adjacent structures are occupied as residential dwellings on the same side of the
right-of-way as the area for parking, per Code Section 10-10-13; provided, that
this subsection shall not apply to events, parades, or the use of the streets or
public rights-of-way when authorized by the City. This section includes the
existence of drainage onto or over any sidewalk, street or public right-of-way, and
the existence of any debris or plant growth on sidewalks adjacent to any property.
This section applies to camping on public property except in a designated
camping area;
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(7) Vegetation. Any noxious or toxic weed or uncultivated plant,
weeds or grass which may be a fire hazard, or any tree which is in danger of
falling and creates a substantial risk of damage or injury;
(8) Illegal Dumping. Dumping of any type by any person on public or
private property not registered as a legal dump site;
(9) Dumping in Waterways. Dumping, depositing, placing or leaving
of any garbage, ashes, debris, gravel, earth, rock, stone or other material upon the
banks, channels, beds or bars of any navigable water, or the felling of any tree or
trees, so that the same shall in whole or in part project within the high water bank
of any navigable watercourse, or the casting, placing, depositing or leaving of any
logs, roots, snags, stumps, or brush upon the banks or in the bed or channel of any
navigable stream, except when part of habitat enhancement under auspices of a
governmental agency;
(10) Operation of premises where there is illegal manufacture of liquor,
or is maintained as a place for drunks, operated as an illegal gambling house or as
a drug house per Chapter 7.43 RCW, or which constitutes a moral nuisance or
house of prostitution;
(11) Animal nuisances. Maintaining, harboring or keeping animals
which by frequent or habitual howling, yelping, barking or making of other
noises, annoy or disturb a neighbor, keeping of types or numbers of animals in
violation of law, permitting the accumulation of animal waste that is unhealthfiil
or which creates obnoxious odors, keeping of animals in conditions that are
unhealthy to the animals, humans or maintaining pests such as caterpillars,
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vectors, vermin or wildlife on one's property, or allowing dogs to run at large per
Code Section 6-6-5. C;
(12) Beekeeping. The existence of any bees, Africanized honey bees,
yellow jackets, hornets, or wasps that harbor in colonies, hives, apiaries or nests
which are not authorized by ordinance or statute and are not in full compliance
with RCW Chapter 15.60 or WAC Chapter 16-602;
(13) Odors. The existence of any strong or offensive odor at the
property line including but not limited to rotting or decaying fish or animals,
rotting garbage, animal manure or strong chemical smells;
(14) Installing, creating or mamtaining graffiti;
(15) Anything defined by RCW 7.48.140, Public Nuisance, Chapter 7-
48A RCW, Moral Nuisance, or which constitutes a misdemeanor under RCW
9.66.010 or Code Section 6-18-11;
(16) Operating a business without the requisite state or local license or
business license or operating in violation of code requirements for that license see
Code Sections 5-5-3.G.5, 5-8-4, and 6-15-6;
(17) Violations of the Aquifer Protection Ordinance, City Code Chapter
8-8;
(18) Violation of harbor regulations, City Code Chapter 9-3;
(19) Violation of noise level regulations, City Code Chapter 8-7.
9. "Omission" means a failure to act.
10. "Person" means any individual, firm, association, partnership, corporation or any
entity, public or private.
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11. "Person responsible for creating, maintaining or permitting the violation" means
any person who is in possession of property, whether as owner, tenant, occupant, or otherwise.
12. "Repeat violation" means a violation of the same regulation in any location by the
same person, for which voluntary compliance previously has been sought or a notice of
infraction has been issued, within the immediately preceding 12 consecutive month period.
SECTION V. This ordinance shall be effective upon its passage, approval, and
30 days after publication.
PASSED BY THE CITY COUNCIL this 14th day of M ,2001.
APPROVED BY THE MAYOR this 14th day of May ,2001.
Lawrence J. Warren, City Attorney
Date of Publication: 5/18/2001 (Summary)
ORD.885:4/20/01:ma
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