Title 8 - HEALTH AND SAFETY >> Chapter 8.24 - PUBLIC NUISANCE >>

Chapter 8.24 - PUBLIC NUISANCE

Sections:

8.24.010 - Definitions.

8.24.020 - Public nuisance defined.

8.24.030 - Permitting and maintaining a nuisance.

8.24.040 - Abatement—Notice.

8.24.050 - Nuisances requiring immediate abatement by town.

8.24.060 - Abatement costs—Liability.

8.24.065 - Abatement by town—Notice of claim of lien—Collection.

8.24.070 - Appeals.

8.24.080 - Hearing.

8.24.090 - Decision.

8.24.100 - Violation—Penalty.


8.24.010 - Definitions.

The words and phrases used in this chapter shall have the following meaning, unless the context indicates otherwise:

"Abate" or "abatement" means to repair, replace, remove, destroy, or remedy the condition by such means and in such manner as the enforcement officer, in his or her judgment, deems necessary.

"Enforcement officer" means the town administrator, mayor, or the mayor's appointed designee.

"Owner" means the person or the entity owning the premises or property.

"Premises" means any building, lot, or land whether improved or not improved, including adjacent sidewalks and parking strips.

"Responsible person" means anyone who is not the owner who uses or controls the premises.

(Ord. 606 § 3 (part), 2004)

8.24.020 - Public nuisance defined.

Each of the following conditions is declared to be a public nuisance, unless otherwise permitted by law. Whenever the enforcement officer determines any of these conditions exists upon any premises, the enforcement officer may require abatement pursuant to this chapter.

A.   Every act unlawfully done and every omission to perform a duty, when the act or omission does any of the following, shall constitute a public nuisance:
1.   Annoys, injures, or endangers the safety, health, comfort, or life of the public;
2.   Offends public decency;
3.   Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a public park, street, alley, highway, or other public area; or
4.   In any way renders the public insecure in life or use of property.
B.   The following acts, in addition to any others in violation of subsection A of this section, shall constitute a public nuisance:
1.   Using any building or land for any trade, employment, or manufacture that results in offensive odors or other annoyances being released, and which annoys, injures, or is offensive or detrimental to the health of the individuals employed or residing there, or to the public;
2.   Any structure used as a place where disorderly persons are allowed to congregate, or in which drunkenness or the unlawful use or sale of drugs is carried on or permitted;
3.   Any fence or other structure or other thing on premises that is in a sagging, leaning, fallen, decayed, or other dilapidated or unsafe condition;
4.   All premises, buildings and vehicles where liquor or illegal drugs are manufactured, sold, exchanged, given away, furnished, or consumed in violation of the laws of the state and the ordinances of the town;
5.   All trees, plants, or vegetation that overhangs any sidewalk or street and obstructs the public's full use of the sidewalk or street. Dead trees, plants and vegetation that can be a fire hazard or a menace to public health;
6.   Throwing or depositing any garbage, waste, refuse, litter, debris, or other offensive material on the premises, unless otherwise permitted by law. For purposes of this section, garbage, waste, refuse, litter, debris, or other offensive materials may include, but not be limited to, bottles, cans, glass, ashes, pieces of scrap iron, wire, metal articles, used aluminum or plastic containers, broken stone or cement, broken crockery, broken glass, broken plaster or sheet rock, barrels, boxes, rags, crates, packing cases, mattresses, bedding, packing material, lumber not neatly piled, automobile parts, tires, wheels, broken or unused furniture, appliances, and plumbing fixtures;
7.   Any cellar, vault, private drain, cesspool, privy, or sewer on the premises that are not securely protected from flies or rats, or which are nauseous or offensive.

(Ord. 606 § 3 (part), 2004)

8.24.030 - Permitting and maintaining a nuisance.

It is unlawful for any owner or responsible person to create, permit, or maintain any public nuisance.

(Ord. 606 § 3 (part), 2004)

8.24.040 - Abatement—Notice.

The enforcement officer shall investigate all public nuisance complaints. If the enforcement officer determines that a public nuisance exists, the enforcement officer shall take such action as is reasonably necessary to abate the nuisance. This includes, but is not limited to, ordering the owner or responsible person creating, permitting, or maintaining the nuisance to abate it. If the owner or responsible person does not abate the nuisance, then the enforcement officer shall give the owner or the responsible person written notice that a nuisance exists, a description of the nuisance, the sections of this code or other law that is being violated, a time frame by which to abate the nuisance that shall not exceed twelve (12) days, and a statement that if the owner or the responsible person does not abate the nuisance, then the town shall abate the nuisance at the owner's or the responsible person's expense and a lien for such expense be imposed upon the property. The notice shall be served personally or by first class mail.

(Ord. 611 § 1, 2005: Ord. 606 § 3 (part), 2004)

8.24.050 - Nuisances requiring immediate abatement by town.

Whenever any public nuisance either causes or appears to cause an imminent or immediate danger to the health or safety of the public, then the enforcement officer shall have the authority to immediately abate the nuisance without notice to the owner or responsible person. The expense of abatement shall become a civil expense collected against the owner or responsible person as set forth in Section 8.24.060 of this chapter.

(Ord. 606 § 3 (part), 2004)

8.24.060 - Abatement costs—Liability.

Anyone creating, permitting, or maintaining a nuisance who does not fully abate the nuisance within the time frame set out in the notice shall be liable for all abatement costs and expenses if the town abates the nuisance. The enforcement officer shall file a statement containing the amount of the expense of the work done, a description of the lot or parcel of land affected and shall direct the city treasurer to proceed with the collection.

(Ord. 611 § 2, 2005)

8.24.065 - Abatement by town—Notice of claim of lien—Collection.

When the statement provided for in Section 8.24.060 of this chapter is filed with the town treasurer, the town treasurer shall immediately file with the auditor of the county of Yakima a notice of claim of lien in substantially the following form:

NOTICE OF CLAIM OF LIEN

Town of Naches

vs.

;namerule;, reputed owner

NOTICE IS HEREBY GIVEN that the Town of Naches, Washington, has and claims a lien against the following described property in the Town of Naches, County of Yakima, State of Washington, to-wit:

(here insert legal description of property)

for expense incurred by the town for the removal of ;namerule; from said property in the amount of $;$rule;, together with interest thereon at the rate of 12% per annum from and after the;daterule; (date of performing work);daterule; until paid.

DATED;daterule;

TOWN OF NACHES

By;namerule;

Town Treasurer

and the Town shall proceed to collect the same in the same manner and within the time provided for the foreclosure of labor and materialmen's liens under the laws of the State of Washington.

(Ord. 611 § 3, 2005)

8.24.070 - Appeals.

A.   An order of abatement is subject to review by the town council. The council will meet as necessary to hear such appeals. No review is possible except pursuant to this chapter.
B.   Petitions for appeal must be made in writing to the town clerk within seven calendar days after notice as provided in Section 8.24.040 of this chapter. The petition must specify all of the reasons for the appeal and all of the errors claimed to have been made. The town clerk will refer the issue to the council to determine a date for hearing, and give reasonable notice to the petitioner. All further action on the abatement shall be stayed pending the council's decision on the appeal.

(Ord. 606 § 3 (part), 2004)

8.24.080 - Hearing.

At the hearing, the council will take relevant testimony and receive evidence relevant to the issues raised. The council may adjourn from time to time and require additional information of the parties. All witnesses must be sworn by the clerk and a recording will be made of the proceedings and be retained for one year.

(Ord. 606 § 3 (part), 2004)

8.24.090 - Decision.

The council will render a decision in writing as soon as reasonably practical. A majority present must concur in any modification or reversal of the decision or action appealed. The decision will set out facts as determined, any applicable law, rule, or regulation relied on, and the decision or action appealed. The council may affirm, modify, reverse, or return with directions the action or decision appealed. The council's decision is final.

(Ord. 606 § 3 (part), 2004)

8.24.100 - Violation—Penalty.

Anyone who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and be subject to a civil penalty in the amount of no more than one thousand dollars ($1,000.00). The civil penalty is in addition to any other costs, such as cleanup costs, which may be imposed against the violator.

(Ord. 606 § 3 (part), 2004)