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ORDINANCE NO. 3229
AN ORDINANCE of the City of Port Angeles, Washington,
revising the nuisance and junk vehicle enforcement procedures,
adding a new chapter 8.30, and amending Ordinances 2469 and
2698, as amended, and repealing Chapter 8.04 of the Port
Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY
ORDAIN as follows:
Section 1. Chapter 8.04 PAMC is hereby repealed in its entirety.
Section 2. A new chapter, 8.30, is hereby added to the Port Angeles Municipal Code
to read as follows:
Sections:
Chapter 8.30
NUISANCES
8.30.010 Scope.
8.30.020 Purpose.
8.30.025 Definitions.
8.30.030 Authority.
8.30.035 Property Owner Responsible for Abating Street and Alley Rights of
Way.
8.30.040 Nuisances generally defined.
8.30.045 Nuisances specifically defined.
8.30.050 Parking of vehicles on residential property.
8.30.070 Enforcement.
8.30.080 Administrative reviews by the Director.
8.30.090 Appeals to the Hearing Examiner.
8.30.100 Penalty.
8.30.110 Alternate criminal penalty.
8.30.120 Abatement.
8.30.130 Collection of judgments.
8.30.140 Additional relief.
8.30.150 Conflicts.
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8.30.010 Scope.
The Nuisance Code is supplemental to all other laws that have been adopted by the
City, and shall be used to help enforce elements within other laws; provided, if specific terms of
enforcement and penalties are set forth in the other laws, such provisions shall take precedence
over the provisions in the Nuisance Code. The Nuisance Code also applies to situations and
conditions which are not addressed by other laws of the City.
8.30.020 Purpose.
The purpose of this chapter is to provide for the health, safety, and welfare of the
citizens of the City by protecting the quality of life within the City and by providing standards for
the appearance and condition of properties; to protect the expectations of the citizens of the City
to enjoy their dwellings and property without being subjected to unpleasant conditions; and to
protect property values.
8.30.025 Definitions.
For the purpose of this chapter, certain terms, phrases, words, and their derivatives
shall be construed as specified in this section.
Terms, phrases, and words used in the singular include the plural, and the plural the
singular.
Terms, phrases, and words used in the masculine gender include the feminine, and
feminine the masculine.
Where terms, phrases, and words are not defined herein, their definition shall be taken
from the Building Code first, and, if not defined therein, shall have their ordinary accepted
meaning within the context which they are used. Webster's Third New International Dictionary
of the English Language, Unabridged, copyright 2000, shall be considered as providing ordinary
accepted meaning.
"Attractive nuisance" shall mean any object or condition which can reasonably
constitute a hazard or danger, which is accessible to unauthorized persons, and which tends to
draw attention or entices.
"Building Code" shall mean the building code as adopted and amended by the City in
Title 14 PAMC.
"Director" shall include, but not be limited to, the Chiefs of the Police Department or
Fire Department, Directors of the Public Works and Utilities Department and of the Department
of Economic and Community Development. The director of the department may designate an
individual to act in his or her stead.
"Driveway" shall mean, for the purposes of this chapter, an improved surface for use
by a motor vehicle, for the purpose of accessing a parking area or for the parking of vehicles.
"Front Yard" shall mean, for the purposes of this chapter, that area between the front
property line and the face of the residential structure furthest from said property line.
"Improved Surface" shall mean, for the purposes of this chapter, any area that has been
altered from a natural surface.
"Inoperable vehicle" shall mean, for the purposes of this chapter, a vehicle which
cannot be legally operated on roads, highways, rights -of -way, waterways, or public lands as
appropriate for the particular vehicle due to the condition of the vehicle or the status of the
ownership, registration, or license of the vehicle. Inoperable vehicles shall include, but not be
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limited to, those which appear inoperable due to missing lights, windows, or other critical parts.,
equipment, or safety elements.
"Junk Vehicle," for the purposes of this chapter, adopts the definition contained in
RCW 46.55.010.
"Light trespass" means any light emitted by an outdoor fixture at any time between the
hours of 10:00 P.M. and 5:00 A.M. for longer than 30 minutes continuously that shines directly
beyond the property on which the fixture is installed, or indirectly shines beyond the property on
which the fixture is installed at a brightness (illuminance) that exceeds 0.1 foot - candles at the
property line.
"Maintained Surface" shall mean, for the purposes of this chapter, a natural planted
surface, such as grass or ground cover that is mowed and/or maintained to keep it in good
condition and to prevent soil erosion.
"Person" shall mean an individual or his or her heirs, executors, administrators or assigns:
and also includes a company, partnership, corporation, LLC, a governmental entity, and the
successors, assigns, and the agent of any of the aforesaid.
"Plumbing Code" shall mean the plumbing code as adopted and amended by the City in
Title 14 PAMC.
"Recreation Vehicles" shall mean, for the purposes of this chapter, any trailer, camper,
RV, motor home, or boat over fourteen (14) feet in length.
"Screening," for the purposes of this chapter, shall include, but not be limited to, solid
wood fencing, chain link fencing with slats, or solid landscaping capable of hiding parked
vehicles or other storage from sight by standing individuals at or near the property lines; however,
such screen need not exceed six feet in height.
"Stored vehicle" shall mean, for the purposes of this chapter, vehicles kept on a single -
family residential lot for over two months without substantial movement of said vehicle.
"Vehicle," for the purposes of this chapter, shall include, but not be limited to,
automobiles, motorcycles, trucks, motorized recreational vehicles, campers, travel trailers, boats
on or off trailers, utility trailers, or other vehicles defined as such in Title 46 RCW. Campers, if
removed from the pickup and stored separately, shall be counted as a separate vehicle.
8.30.030 Authority.
Any Police Officer of the City and those employees of the City designated by the City
Manager may enforce the provisions of this Chapter.
8.30.035 Property Owner Responsible for Abating Street and Alley Rights of Way.
The owner of property is responsible for and shall abate, any nuisance condition that
exists on any street or alley right- of- way that abuts his property, except for that part of the right
of way that is developed and maintained for vehicle traffic.
8.30.045 Nuisances specifically defined.
The following acts, omissions, places, conditions, and things, unless expressly permitted
by this Code, are hereby declared to be nuisances. No person or persons shall erect, contrive,
cause, continue, maintain, or permit to exist any public nuisances within the City. Prohibited
public nuisances include, but are not limited to:
A. Excavations or naturally occurring holes, including, but not limited to, privies,
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vaults, cesspools, sumps, pits, wells, or any other similar conditions, which are not secure and
which constitute a concealed danger or attractive nuisances.
B. The discharge of sewage, human excrement, or other wastes in any location or
manner, except through systems approved for the conveyance of such, to approved public or
private disposal systems and which are constructed and maintained in accordance with the
provision of the Plumbing Code and all other adopted laws pertaining to such systems.
C. Filthy, littered, trash- covered, or overgrown premises or abutting street and alley
rights -of -way for which a property owner is responsible to include, but not be limited to:
1. Accumulated human or animal wastes which are improperly handled.,
contained, or removed from the premises, including bones, meats, hides, skins, or any part of the
animal, fish, or fowl.
2. Vegetation:
a. Overgrown, uncultivated, or unkempt vegetation of any type,
including, but not limited to, shrubs, brush, trees, weeds, blackberries, and grasses over one foot
in height. Where erosion control issues or indigenous species are present, an exception or
modification may be made to these requirements.
Vegetation exceeding twelve (12) inches in height, excluding any
cultivated, tended plants and flowers within a flower bed or container, shrubbery, or trees.
c. Overhanging limbs or branches that are less than eight (8) feet
above a public walkway or sidewalk, or less than fourteen (14) feet above a public street.
d. Dead, decaying or diseased trees or branches.
e. Any growth of noxious weeds or any toxic vegetation.
L. Accumulation for more than two weeks of vegetation waste,
including, but not limited to, grass clippings, cut brush, cut trees, and/or cut weeds.
3. Debris and Trash.
a. An accumulation of garbage, litter, debris, rubble, hazardous waste.,
or blight, which includes, but is not limited to, improperly stored bottles, cans, paper, glass.,
plastic, cardboard, auto parts, tires, scrap metal, scrap woods, discarded or broken appliances.,
furniture, equipment, bicycles or parts thereof, barrels, boxes, crates, pallets, mattresses, clothing.,
household goods, construction materials, lumber, metal, improperly piled or stored firewood, or
anything in which flies may breed or multiply, which provides harborage for rats or other vermin,
or which may be a fire hazard.
b. Accumulations of broken or neglected items, litter, salvage
materials, and junk not in an approved enclosed structure.
4. Machinery and Equipment.
a. All places used or maintained as dumps, junk yards, or automobile
or machinery disassembly yards or buildings, not licensed and/or located in an improper use zone,
or which are operating outside of specific conditions set forth for the operation of such
businesses.
b. Broken, inoperable, accumulations of, or parts of machinery or
equipment not in an approved enclosed structure.
5. Inoperable, abandoned, disassembled, or dilapidated appliances,
machinery, or vehicles. These provisions shall not apply to licensed and permitted vehicle storage
areas.
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D. Loud unnecessary noises, including, but not limited to, making, causing, or
permitting noises to be made by sound trucks, loudspeakers or other sound - amplifying devices.
E. Buildings, Structures, Fences.
1. Buildings, structures, fences or other constructed objects that are decayed.,
dilapidated, or unsafe, damaged, or in disrepair to the extent that they pose a threat of collapse,
structural failure, or falling.
2. Any unsightly, abandoned, or deteriorated building or structure; or any
building or structure constructed with inappropriate materials, or improperly fastened together
or anchored against the forces of nature.
Any building or structure where construction was commenced and the
building or structure was left unfinished.
F. Burning or disposal of refuse, sawdust, or other materials 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 the smoke, ashes, soot, or gases arising from such burning to become
annoying or to injure or endanger the health, comfort, or repose of said persons.
G.
Any premises or structures allowing or maintaining prostitution, lewd behavior.,
underage consumption of alcohol, the harboring of juvenile runaways or wanted persons, or
where there is the use, sale, manufacturing or distributing of any narcotic or controlled substance.,
or at which there is a pattern of criminal activity.
H. Throwing, depositing, exposing, or causing to be disposed of, in any street or other
public place within the City, any garbage, waste, refuse, litter, debris, or other offensive material,
unless the disposal of such items in such place is specifically authorized by law.
I. Causing or allowing garbage, waste, refuse, litter, debris, or other offensive
materials, to be collected or deposited, or to remain in any place in the City unless otherwise
permitted by law.
J. All obstructions to streets, rights of way, or other public ways in the City, and all
excavations in or under the same, which are by ordinance prohibited, or which may be made
without lawful permission, or which, having been made by lawful permission, are kept and
maintained after the purpose thereof has been accomplished, or for an unreasonable length of
time.
K. 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.,
sidewalk, park, parkway, or other public or private place in the City, any one or more of, but not
limited to, the following conditions or things:
1. Any unsound, putrid, or unwholesome bone, meat, hides, skin, or the whole
or parts of any dead animal or fish, or any unsound, putrid, or unwholesome substances; or the
offal, garbage, or other offensive parts of any animals, or any noxious, offensive, dangerous or
otherwise injurious chemicals or other materials such as oil, grease, poisons, explosives,
radioactive materials, and other similar substances in such a manner as to be offensive or
injurious to public health, or unpleasant or disagreeable to the adjacent residences or persons.
2. Any cellar, vault, drain, sewer, or septic tank to become, from any cause,
noxious, foul, offensive, or injurious to public health, or unpleasant or disagreeable to the
adjacent residences or persons.
3. Any noxious, foul, or putrid liquid or substance, or any liquid or substance
likely to become noxious, foul, offensive, or putrid, to be discharged, placed, or thrown upon, or
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to flow from or out of, any premises into, or upon, any adjacent premises, or any public street or
alley, or to stand, remain, or be upon any premises.
L. All vacant, unused, or unoccupied buildings and structures within the City, which
are allowed to become or remain open to entrance by unauthorized persons or the general public,
because of broken, missing, or open doors, windows, or other openings, so that the same may be
used by vagrants or other persons, in a manner detrimental to the health and welfare of the
inhabitants of the City.
It Furniture and Appliances.
1. Any refrigerator, icebox or deep -freeze locker having a capacity of one and
one -half (1-1/2) cubic feet or more or any other container manufactured, custom -made or
homemade designed for storage which is discarded, abandoned or left in any place accessible to
children and which has not had the door or latching mechanism removed to prevent the latching
or locking of the door.
2. All broken or discarded household furniture, furnishings or equipment, or
any appliances not in an approved enclosed structure.
N. Unauthorized Signs.
1. All unauthorized signs, signals, markings or devices that are displayed to
resemble an official traffic control device.
2. Any sign, poster or other advertising matter of any nature placed upon a
light, telephone or other poles, trees, sidewalks, streets, signs, traffic signs or other traffic - control
devices or other structures or places within streets, alleys or other public places or rights of way.
O. Light trespass.
P. Sidewalks.
1. Any protrusion, awning, or overhang that inhibits or obstructs use of a
public walkway or sidewalk.
2. Any object, construction, or damage that inhibits or obstructs the surface
use of a public walkway or sidewalk.
3. Snow or ice not removed from a public sidewalk within 48 hours.
4. Accumulations of dirt or debris not removed from a public sidewalk.
Building and Construction Materials. Accumulation, stacks, or piles of building
or construction materials not associated with a current in- progress project including metal, wood.,
wire, electrical or plumbing materials in disarray or exposed to the elements on the property.
1. Fire Hazards. Stacks or accumulations of newspapers, cardboard, or other
paper, clothing, or wood products left in a manner that could pose a substantial risk of
combustion or the spread of fire.
2. Toxic or Caustic Substances. Improper storing or keeping of any toxic.,
flammable, or caustic substances or materials.
3. Insect or Vermin Attractions. Creating or maintaining accumulations of
matter, including food stuffs, that harbors or is an attraction for the infestation of insects or
vermin or failing to eliminate such infestations, or failing to eliminate intrusive insects such as
tent caterpillars.
R. Bodies of Water.
1. Except for City approved structures connected to storm drainage systems,
all stagnant, pooled water.
2. The polluting of any waterway, wells, or body of water.
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S. Garbage, Recyclables, and Compost.
In addition to the regulations in Chapter 13.54 PAMC:
1. Garbage not kept in a proper receptacle with a tight fitting lid.
2. Recyclables not properly stored and regularly disposed of.
3. Compost not kept in a manner to prevent it from attracting infestations of
insects or emitting foul odors.
T. Attractive Nuisances. Any attractive nuisance accessible to children including.,
but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings.,
open and unattended vehicle trunks, or other unguarded conditions or situations that could injure
or trap a child.
U. Conditions or acts that unreasonably annoy, injure, or endanger the comfort,
repose, health, or safety of others.
V. Conditions or acts which interfere with, obstruct, or tend to obstruct or render
dangerous for passage any stream, public park, parkway, square, sidewalk, street, or highway and
other rights -of -way in the City.
W. Illicit discharges into the municipal storm drainage system (illicit discharges are
defined in Chapter 13.63).
X. Unauthorized interference with, damage to, or polluting of designated habitat
areas, publicly owned restoration sites, streams, creeks, lakes, wetlands, or tributaries and similar
areas thereto.
Y. The improper parking or storage of vehicles on single - family residential lots which
impedes the use of yard areas for light, air circulation, recreation, and landscaping.
Z. Graffiti. The existence of graffiti or unauthorized defacement of any surface
located on a private property must be removed within ten (10) days of discovery or notification
by the City.
8.30.050. Permitting - Maintaining:
It is unlawful for any person, by himself or by his agents or employees, or as the agent or
employee of another person, to do, or permit to be done, upon any premises over which he has
control; or to maintain, carry on, suffer, or allow, any of the acts or things declared to be
nuisances in this Chapter; or to do or cause or permit, or suffer to be done, or to maintain, any act
or thing which is detrimental or injurious to public health, or offensive to the senses or contrary
to public decency or morality. If the owner or agent of any premises has actual or constructive
knowledge of the maintenance on or in his premises of any nuisance, as defined in this Chapter,
he shall be deemed one of the persons in control of the premises.
8.30.060 Parking of vehicles on residential property.
The primary function of yards on residential lots is to provide access to light and air and
to provide circulation, recreation, and landscaping. It is the intent of this section to establish
standards by which parking vehicles on residential lots is allowable. The parking or storage of
vehicles on residential lots in violation of the following standards shall be considered a nuisance.,
and subject to penalties in accordance with this chapter.
Intact, operable, and appropriately licensed vehicles may be parked or stored outside an
approved structure subject to the following conditions:
A. Side yard and rear yard. Parking of vehicles on residential lots in the side and rear
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yard areas shall be limited to those lots which have legal access from the adjacent street or alley.
Parking in side and rear yard areas combined shall be limited to up to four vehicles or to no more
than 40 percent of the combined side and rear yard area, whichever is less. In addition, vehicles
may be parked in a side or rear yard only if the following conditions are met:
1. All vehicles parked in a side yard must have a minimum of three feet of
unobstructed space between the vehicle and the structure, and have a minimum of five feet
vehicle -clear space on one of the side property lines.
2. No more than four vehicles of any kind may be parked in a back yard.
3. All vehicles parked in a side or back are on an improved or maintained
surface.
B. Front yard. Where alley access is available, parking in the front yard is prohibited.
Parking of vehicles on residential lots in the front yard shall be permitted only to those lots which
have legal access from the adjacent street or alley. Parking of vehicles shall be on a properly
prepared all - weather surface, including, but not limited to, concrete, asphalt, gravel, approved
permeable paving materials, or other material approved by the Building Official. The all - weather
surface shall be limited to no more than 40 percent of the front yard area. Parking in front yard
areas shall be limited to up to four vehicles or the number of vehicles which can be parked on the
all- weather surfacing, whichever is less. Parking of stored or inoperable vehicles in front yards
is prohibited.
C. Number of vehicles parked in the open. The total number of vehicles parked or
stored in the open on a residential lot shall be no more than four.
D. Exceptions. The Building Official may, under the following circumstances, grant
an exception to the maximum number of private vehicles parked on a single - family residential
lot or allowed in the front, rear, or side yards:
1. Additional vehicles may be allowed in a particular yard if vehicle access
to other yards is unavailable.
2. If the number of individuals with valid driver's licenses within the
household exceeds four. Applications for an exception shall be made in writing to the Building
Official within 30 days of the receipt of the initial Notice of Violation. The Building Official,
when determining the outcome of the exception, may take additional mitigating factors under
consideration. Exceptions are subject to review upon receipt of additional complaints.
E. Storage standards. Inoperable stored vehicles on residential lots shall be limited
to the rear yard area. Screening shall be provided between the inoperable vehicles and adjacent
properties or rights -of -way. All stored vehicles must be maintained in a clear and safe manner.
F. Parking within an enclosed structure. All private vehicles which are fully enclosed
within a legally constructed garage or other structure are not considered as part of the allotted
number of vehicles.
G. Recreational Vehicles. No more than two recreational vehicles of any kind may
be parked anywhere on a property. Storing boats, campers or other recreation or accessory
vehicles in an unstable manner is prohibited.
H. Junk vehicles. Junk vehicles are defined in Chapter 8.05 and are subject to the
provisions contained therein. In addition, junk or inoperable vehicles are prohibited from being
stored outside of an approved enclosed structure anywhere on a property in excess of thirty (30)
days.
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I. Repairing of vehicles on a property is prohibited unless:
1. The maintenance or repair does not to exceed thirty (30) calendar days per
vehicle; and
2. The vehicle being repaired is registered to a resident of the property, and
3. The repair is not in association with any business, licensed or not, of
buying, selling, repairing or restoring of vehicles or parts, unless the property is authorized and
licensed by the City for such business, and
4. The repair is conducted in a manner that does not violate noise regulations,
and
5. The repair is conducted in a manner so as not to allow any vehicle fluids
to saturate the ground or enter any drainage system or body of water.
J. Leaving vehicles unattended on blocks, jacks, ramps or otherwise elevated above
the ground in an unstable manner is prohibited.
K. All vehicle parts and accessories, including but not limited to, containers of oils
and fluids must be appropriately stored in an approved structure.
8.30.070 Enforcement.
The following procedures shall be available in the event of any violation of this Chapter:
A. Voluntary abatement pursuant to 8.30.080;
B. Notice and Order to abate pursuant to 8.30.100;
C. Civil infraction pursuant to 8.30.110; and
D. Abatement pursuant to 8.30.130.
These enforcement procedures shall not be mutually exclusive. Exercise of one procedure
shall not constitute an election which prevents use of another procedure. The enforcement officer
shall have the right and authority to determine which enforcement procedure(s) to employ and to
combine enforcement procedures to effect the purposes of this Chapter.
8.30.080. Voluntary Abatement. When it has been determined that a violation has
occurred or is occurring, the City may enter into a voluntary correction agreement, which is a
contract between the City and the responsible person, under which such person agrees to abate
the violation within a specified time and according to specified conditions. The voluntary
correction agreement shall include the following:
1. The name and address of the person responsible for 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 mustte completed; and
5. An agreement by the person responsible for the violation that the City may
inspect the premises as necessary to determine compliance with the voluntary correction
agreement; and
6. A statement of understanding that if the terms of the voluntary correction
agreement are not satisfied, that the City may abate the violation and recover its costs and
expenses (including attorney fees, expert witness fees, and court costs) from the person
responsible for the violation, and /or they may be subject to a monetary penalty.
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7. A statement of understanding that by entering into the voluntary correction
agreement, the person responsible for the violation waives the right to a hearing as to the
existence of the violation and stipulates to the same. A statement of understanding that an
extension of the time limit for correction or a modification of the required corrective action may
be granted if the person responsible for the violation has shown due diligence and /or substantial
progress in correcting the violation, but unforeseen circumstances delay correction under the
original conditions.
8.30.090. Notice and Order to abate.
A. When it is determined that a violation has occurred or is occurring, and the City
is unable to secure voluntary correction or a voluntary agreement is not applicable, the City may
issue a "Notice and Order" to the person responsible for the violation. A "Notice and Order"
shall include the following:
1. The name and address of the person responsible for that violation; and
2. 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
3. A description of the violation and a reference to the provision(s) of the City
regulation(s) wli`ich has been violated; and
4. 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 using all legal means;
and
5. A statement that the order may be appealed by filing a written request for
hearing with the Director of the Department of Economic and Community Development within
fifteen (15) days of issuance of the order. Failure to timely file a notice of appeal shall constitute
a waiver of the right to appeal the determination of the order. An appeal hearing, timely
requested, shall be set no less than twenty (20) days but no more than sixty (60) days from the
date the Notice and Order is issued; and
6. A statement indicating that the hearing will be canceled and no monetary
penalty will be assessed, other than City costs and expenses, if the required corrective action is
completed prior to the hearing; and
7. A statement that the costs and expenses of abatement incurred by the City
and a monetary penalty in an amount per day for each violation may be assessed against the
person to whom the notice of civil violation is directed as specified and ordered by the court.
B. Service on the person responsible for the violation may be done either personally
or by miffing a copy of the citation or the Notice and Order by certified or registered mail, return
receipt requested, to such person at their last known address. If the person responsible for the
violation cannot be personally served within Clallam County and if an address for mailed service
cannot be ascertained, notice shall be served by posting a copy of the citation or the Notice and
Order conspicuously on the affected property or structure. 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.
8.30.100 Administrative reviews by the Director.
A. General. A person who receives a Notice and Order may request an administrative
review.
B. How to request administrative review. A person, firm, or corporation may request
an administrative review of the Notice and Order for a nuisances) by filing a written re uest with
the director of the department or division listed as the contact within the Notice and Order within
ten calendar days of the notification date of violation. The request shall state, in writing, the
reasons the director should review the Notice and Order. Failure to state the basis for the review
in writing shall be cause for dismissal of the review. Upon receipt of the request for
administrative review, the Director shall review the information provided.
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8.30.110 Civil Penalty.
A. When it is determined that a violation has occurred or is occurring and the City
is unable—to secure voluntary correction or a voluntary agreement is not applicable, the City may
issue a notice of civil violation and file the same in municipal court. The notice shall be in the
form used for issuance of an infraction citation in municipal court and shall be subject to the civil
rules for infractions.
B. Service on the person responsible for the violation, may be done either personally
or by any method authorized by law for service of infraction citations.
8.30.120 Penalty.
A Violation of or failure to comply with, any provision of this chapter is a civil
offense subject to a fine of $250.00 for each offense.
B. Any person creating, keeping, or maintaining any nuisance, or permitting,
allowing, or suffering any nuisance to be maintained, who neglects or fails to abate or remove the
nuisance within twenty -four (24) hours next after so creating, keeping, or maintaining the
nuisance, or permitting, allowing, or sufferinv the same to be maintained, shall, for each twenty -
four (24) hours thereafter during which the nuisance is continued, be guilty of a separate violation
of maintaining apublic nuisance. On the fourth consecutive day that the violation is maintained
or allowed to exist, the violation shall constitute a continuing offense.
C. A continued offense or subsequent violation of the same or like provision
committed within a twenty -four (24) month period shall constitute a misdemeanor crime and shall
be punishable by a fine not to exceed One Thousand Dollars ($1,000.00) or ninety (90) days in
jail, or both such fine and jail and shall be in addition to any civil remedy for abatement and
collection for the cost and expense thereof.
8.30.130 Abatement.
Any property on which there continues to be a violation of any of the provisions of this
Chapter is subject to abatement by the City.
A. Whenever a nuisance vio ation causes a condition, the continued existence of
which constitutes an immediate and emergent threat to the public health, safety, or welfare of the
environment, the City may summarily and without prior notice abate the condition.
B. Urgent Abatement: Whenever a condition, the continued existence of which
constitutes an immediate threat to the ublic health, safety or welfare or to the environment, is
found to exist, 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 the
violation as soon as reasonably possible after the abatement.
C. Abatement - Immediate: Whenever any nuisance is within a public way or
easement: or of such a character and so situated that it can be abated without the invasion or
destruction of property or theprejudice of any right, and the further continuance is likely to result
in expense to the City or injury to any person or property, the person designated by the City
Manager may abate and remove the nuisance summarily.
D. Abatement by City - Safeguards: In any case where a nuisance is to be abated by
the person designated by the City Manager it shall be the duty of such officer toproceed with due
care and without unnecessary destruction of property. He shall in all cases be authorized to
employ such assistance and adopt such means as maybe necessary to effect the entire abatement
of the nuisance.
E. Judicial Abatement: The City may seek judicial process, as it deems necessary, to
abate a condition that was caused by or continues to be a violation of the Port Angeles Municipal
Code when other methods of remedial action have failed to produce compliance. When an Order
of Abatement is issued through the appropriate court, the costs, including incidental expenses.,
of correcting the violation shall be charged to the person responsible for the violation and/or the
owner, lessor, tenant or otherperson entitled to use, and/or control of the property.
•
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 shal constitute a lien against the affected property and may be subject to
collection following a court judgment. The lien shall be subordinate to all previously existing
special assessment liens 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. The City may cause a claim
for hen to be filed for record within ninety (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. The claim of lien shall
contain sufficient information regarding the notice of civil violation, a description of the property
to be charged with the lien, and the owner of record, and the total of the lien. Any such claim of
lien may be amended from time to time to reflect changed conditions. Any such lien shall bind
the affected property for the period as provided for by state law.
G. Abatement - Cost: Every person maintaining a nuisance, or permitting, allowing,
or suffenng a nuisance to be maintained, as prohibited by this Chapter or otherwise, shall be
liable for all costs and expenses for abating the same. The costs and expenses may be assessed
recovered after t ey have been assessed. In all cases where t e person designated by the City
Manager abates any nuisance he shall keep an account of all expenses attending such abatement
and, in addition to other powers given in this Chapter, may forthwith bring suit for recovery of
the costs in any court of competent jurisdiction, in the name of the City, against the person
maintaining, keeping, creating, or permitting, allowing, or suffering the nuisance abated, and,
upon the collection of the costs by such suit he shall pay the same to the City Treasurer.
H. The provisions of this Chapter relative to the abatement of nuisances are not
exclusive, and all other rights or remedies of the City, or any citizen thereof, relative to abatement
of nuisances, are declared to remain in full force and effect.
8.30.110 Collection of judgments.
If the person cited fails to pay a penalty imposed pursuant to this chapter, the penalty or
abatement costs may be referred to a collection agency. The cost to the City for the collection
services shall be added as costs to the amount to be collected. Alternatively, the City may pursue
collection in any other manner allowed by law.
8.30.120 Additional relief.
The City may seek any legal or equitable relief available at any time to mitigate any acts
or practices that violate the provisions of this Chapter or abate any condition that constitutes a
nuisance.
8.30.130 Conflicts.
All ordinances or parts of ordinances of the City in conflict herewith are hereby repealed.
Section 2 - Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, 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 - Effective Date. This Ordinance shall take effect five days after the date of
its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 20th day of December, 2005.
ATTEST:
APPROVED AS TO FO
William E. Bloor, City Attorney
PUBLISHED: December 25, 2005
By Summary
G:\Legal_ Backup \ORDINANCES &RESOLUTIONS \2004- 14.Nuisances.wpd (December 20, 2005)
Summaries of Ordinances Adopted by the
Port Angeles City Council
on December 20, 2005
Ordinance No. 3228
This Ordinance of the City of Port Angeles, Washington, approves the purchase of the
Niichel property to be acquired in part for off - street parking.
Ordinance No. 3229
This Ordinance of the City of Port Angeles, Washington, revises the nuisance and junk
vehicle enforcement procedures, adds a new chapter 8.30, and amends Ordinances 2469
and 2698, as amended, and repeals Chapter 8.04 of the Port Angeles Municipal Code.
Ordinance No. 3230
This Ordinance of the City of Port Angeles, Washington, creates a fund for the
administration and accounting of revenue from the Department of the Interior for upkeep,
operation, maintenance, and repairs of the City's municipal water treatment plant, and adds
a new section 3.42, to Chapter 3 of the Port Angeles Municipal Code.
Ordinance No. 3231
This Ordinance of the City of Port Angeles, Washington, revises water service rates and
amends Chapter 13.44 of the Port Angeles Municipal Code. This Ordinance shall take effect
January 1, 2006.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed
upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless
otherwise stated above, these Ordinances shall take effect five days following the date of publication
by summary.
Becky J. Upton, CMC
City Clerk
Publish: December 25, 2005