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HomeMy WebLinkAbout2469ORDINANCE NO. 2469 AN ORDINANCE of the City of Port Angeles exercising the police power in relation to public nuisances and the abatement of such nuisances, specifying what constitutes a public nuisance, providing procedures for the abatement of such nuisances, and repealing Ordinance 102, Ordinance 139, Ordinance 393, Ordinance 1225 as amended by Ordinances 1856 and 2409, and Chapters 8.16 and 8.28 of the Port Angeles Municipal Code. WHEREAS, the public nuisance provisions in the Port Angeles Municipal Code were originally adopted in 1893; and WHEREAS, the Port Angeles City Council seeks to modernize, legalize, update and consolidate its nuisance regulations consistent with the current needs of the community; and WHEREAS, it is necessary for the public health, safety and welfare to regulate, prevent and prohibit conditions which may constitute disorderly, disturbing, unsightly, unsafe, unsani- tary, fly- producing, rat - harboring, and /or disease - causing places, conditions, or objects; and WHEREAS, excessive growth of grass and weeds and the keeping of junk, refuse or litter and depositing the same on public or private property are hereby found to create conditions tending to reduce the value of private property, to interfere with the enjoyment of public and private property, to create and constitute fire and other safety and health hazards, and generally to create a menace to the health and welfare of the public and to contribute to the degradation of the character of neighborhoods and depreciation of property values; and WHEREAS, adequate protection of the public health, safety and welfare requires that such conditions be regulated, abated and prohibited; and WHEREAS, the social and economic welfare and develop- ment of Port Angeles as a center for tourism and retirement -1- depend upon the preservation of the City's scenic attractiveness and liveability; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. There is hereby adopted a new Chapter 8.04 of the Port Angeles Municipal Code to read as follows: CHAPTER 8.04 NUISANCES Sections: 8.04.010 Purpose. 8.04.020 Definitions. 8.04.030 Types of Nuisances. 8.04.040 Prohibited Conduct. 8.04.050 Enforcement - Request - Resolution. 8.04.060 Abatement - Suit. 8.04.070 Immediate Danger - Summary Abatement. 8.04.080 Penalties. 8.04.010 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 liveability and its economic development. -2- 8.04.020 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. "Disposable Package or Container" means all packages or containers defined as such by rules and regulations adopted by the State of Washington Department of Ecology. C. "Enforcement Officer" means the City Manager or any City official or employee designated by him. D. "Junk" includes the storage of all old appliances, equipment, or parts thereof, all old iron or other scrap metal, all inoperable vehicles or parts thereof, including tires, all vehicle hulks, cardboard, old lumber, old wood and mattresses, which items are not being used for their intended purpose, and does not include orderly stacked firewood. E. "Litter" means and includes all waste material, includ- ing but not limited to disposable packages or containers thrown or deposited on public or private property, including the deposit ing on public property or cars of handbills, but not including the waste of primary process of mining, logging, sawmilling, farming, or manufacturing. 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. "Refuse" means vegetable offal, animal offal, discarded food, cans, bottles, waste paper, large tree limbs and all other waste substances from private and public establishments and from residences; but shall not include small amounts of weeds, twigs, -3- grass, or other material resulting from the normal tending of lawns and gardens. H. "Responsible Person" means any agent, lessee, owner or other person occupying or having charge or control of any premises. I. "Weed ", "vegetable growth" and "horticultural growth" mean and include but are not limited to trees, plants, shrubs, bushes, flowers, garden vegetables and grasses and further in- clude all growths of every kind and character, whether domestic or wild, causing the obstruction or interference or detriment prohibited by this Chapter. 8.04.030 Types of Nuisances. Each of the following places, conditions, or things 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: A. The growing, maintaining, permitting or allowing of any weed, vegetable or horticultural growth which either: 1. Overhangs, encroaches upon, obstructs or in any manner interferes with the full and free use by the public of any street, sidewalk or sidewalk area upon which such property so owned or occupied abuts; or 2. Has grown and died upon any premises owned, occupied or in control of the responsible person or persons and which constitutes a detriment to the public health, safety or welfare, including but not limited to a fire hazard; or 3. Is so overgrown upon any premises owned, occupied or in control of the responsible person or persons, as to cause the degradation of the character of the neighborhood, and for which a general rule of thumb shall be an average length of 12" or more. -4- B. The existence of any junk, litter, or refuse within the City when written complaint from two or more City residents who are impacted by the present or potential effect of the condition on them or their property, has been received by the City unless such materials are kept or stored in an orderly and sightly manner and so as not to create a fire, safety, health or sanitary hazard. C. The depositing, leaving or throwing away of any junk, litter, or refuse within the City for an unreasonable length of time beyond what is necessary for proper disposal, which length of time shall be not less than thirty (30) days, except at the City Landfill or in covered containers or receptacles acceptable to the enforcement officer of the City. D. The causing or permitting to be discharged, placed or thrown, or the throwing into, or upon any premises or any public street or alley of any nauseous, foul or putrid liquor or substance, or any liquid or substance likely to become nauseous, foul, offensive or putrid. E. The maintaining, permitting or existence of any unsightly and unsafe, partially destroyed building or structure, that has not been repaired or removed within a reasonable period, which period shall be not less than sixty (60) days and not more than one (1) year. 8.04.040 Prohibited Conduct. A. It shall be unlawful for any responsible 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 to create, main- tain, carry on or do any of the acts or things declared by this Chapter to be a public nuisance. 8.04.050 Enforcement - Request - Resolution. The enforcement officer, having knowledge of any public nuisance, -5- shall cause the responsible person or persons to be notified of the existence of a public nuisance on any premises and shall request such person(s) to abate the condition within a designated reasonable period. Upon the failure of such person(s) to abate the public nuisance, the enforcement officer shall give written notice to said person(s) that the City Council will consider initiating formal abatement proceedings. The written notice shall be given not less than five (5) days before the meeting of the City Council at which the initiation of formal abatement proceedings is considered and at which the responsible person(s) and the public shall have the opportunity to be heard. Upon determining that a public nuisance exists which requires abatement, the Council shall adopt a resolution requiring the responsible person or persons to abate such condition. The resolution shall provide that in the event of the failure of such person(s) to abate the public nuisance within ten (10) days from the date of the resolution, the same shall be abated by the City, and the costs to the City shall become a charge collectable by any legally available means against the responsible person or persons. In the case that the owner leases or rents the premises to another responsible person or persons, such owner may request at the public hearing, and the Council may include in the resolution, an extended abatement period for such owner to be effective if the tenant fails to accomplish abatement within the ten -day period, which extended abatement period shall allow the owner to pursue unlawful detainer proceedings, and shall not exceed ninety (90) days. Any legal action challenging the Council's abatement resolution shall be brought in Clallam County Superior Court within ten (10) days of the date of the resolu- tion. In the case that the responsible person, or one of the responsible persons, is the owner, the charge shall be a lien against the property. Notice of such lien shall be filed with the City Clerk within thirty (30) days after completion of the -6- abatement work and may be enforced by action in Clallam County Superior Court which shall be brought within four (4) months of the time of the filing of the lien. 8.04.060 Abatement - Suit. Whenever a public nuisance exists, as determined by Resolution of the City Council pursuant to PAMC 8.04.050, the City may proceed by a suit in the Clallam County Superior Court to enjoin and abate it in the manner provided by Chapter 7.48 RCW as amended; or it may elect to enforce the provisions of this Chapter by complaint, citation and /or warrant in Clallam County District Court. Whenever, in any action brought in the Superior Court, it is established that a nuisance exists as defined in this Chapter, the Court shall, together with the civil fine or penalty imposed, if any, enter an order of abatement as a part of the judgment in the case, which order shall direct either: A. That the nuisance be abated or removed by the defendant within the time limited by the Court, and not exceeding thirty (30) days; or B. That the nuisance may be abated by the City at the cost of the defendant, in which case the Court shall inquire into and estimate as nearly as may be the sum necessary to defray the expense of the abatement, and assess and enter it as part of the penalty imposed, and the sum shall be a part of the judgment in the case, and shall be collected and enforced in the same manner that fines and costs are by law collected and enforced and as provided in RCW 7.48.280 as amended. 8.04.070 Immediate Danger - Summary Abatement. When- ever any condition or use of the premises 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, and the responsible person(s) cannot be contacted or refuse(s) to immediately abate the condition, the enforcement officer shall have the authority to summarily and -7- without notice abate the same. The expenses of such abatement may become a civil debt against the owner or the responsible person and shall be collectible in the same manner as any other civil debt owing to the City or as otherwise provided in this Chapter. 8.04.080 Penalties. In addition to the costs of abatement, any person violating any portion(s) of this Chapter shall be deemed to have committed a civil infraction commencing upon the date that the enforcement officer or the City Council had specified for completion of abatement, whichever date is later, and shall be fined not less than $250 per violation, the first $250 of which shall not be suspended or deferred. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Section 2 - Severability. If any provisions of this Ordinance, or its application to any person or circumstance, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 3 - Repealer. Ordinance 102, Ordinance 139, Ordinance 393, Ordinance 1225 as amended by Ordinances 1856 and 2409, and Chapters 8.16 and 8.28 of the Port Angeles Municipal Code are hereby repealed in their entirety. Section 4 - Effective Date. This Ordinance shall take effect five (5) days after publication. -8- PASSED by the City Council of the City of Port Angeles (�at a regular meeting of said Council held on the l5Jt day of _',x _ 10 _`______ _ , 1987. ATTEST: c XL1/l 0 Jt'h'� fA !1/ ➢ /1'� Sherri L. An erson, City Clerk APPRO D AS TO FORM: iI `. Craig D , .utson, City Attorney PUBLISHED: 2O / %Scr -9- M A Y O R