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1666 - Ordinance - Repealing Ordinance No. 1630 Adopting Definitions of NuisancesRepealed by Ordinance 1724 Date: 05-26-98 ORDINANCE NO. 1666 1/ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING ORDINANCE NO. 1630 AND ADOPTING DEFINITIONS OF NUISANCES AND ESTABLISHING RULES, REGULATIONS AND PROCEDURES FOR THE ABATEMENT OF SUCH NUISANCES. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. NUISANCES A. Definitions - The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings: 1. "Abate" means to repair, remove, replace or 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/her judgement, determines is necessary in the interest of the general health, safety and welfare of the community. 2. "Enforcement Officer" means an individual or group of individuals appointed by the City Council for the purpose of enforcing this chapter. 3. "Premises" means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. 4. "Responsible person" means any agent, lessee or other person occupying or having charge or control of any premises, except the owner. B. Types of Nuisances - Each of the following conditions, unless otherwise permitted by law is declared to constitute a public nuisance and whenever the enforcement officer determines that any of these conditions exist upon any premises or in any lake, river, stream drainage way, or wetlands, the officer may require or provide for the abatement thereof pursuant to this ordinance: 1. The existence or any weeds, trash, dirt, filth, the carcass of any animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter; 2. The existence of any dead, diseased, infested or dying tree that may constitute a danger to street trees, streets or portions thereof; 3. The existence of any tree, shrub or foliage, unless by consent of the City, which is apt to destroy, impair, interfere or restrict: Ordinance No. 1666 Page 2 of 7 a. Streets, sidewalks, sewer, utilities or the public improvements, b. Visibility on, or free use of, or access to such improvements; 4. The existence of any vines or climbing plants growing into or over any street tree, or any public hydrant, pole or electrolier, or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, standpipe, sprinkler system connection or any other appliance of facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto; 5. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard; 6. The existence of a sidewalk or a portion of a sidewalk adjacent to any premises which is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience in the use of such sidewalk; The existence of caterpillar infestation; 8. The burning or disposal of refuse, sawdust or any other material without a permit; The existence of any obstruction to a street, alley, crossing or sidewalk, and any excavation in or under any street, alley, crossing or sidewalk, which is by ordinance prohibited, or which is made without lawful permission or which, having been made by lawful permission is kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time; 10. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the City, and one or more of the following disorderly, disease -causing places, conditions or things: Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles, Ordinance No. 1666 Page 3 of 7 b. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodorous, C. Any filthy, littered or trash -covered dwellings, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or premises, d. Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the City, e. Any poison oak or poison ivy, russian thistle, tansy ragwort or other noxious weeds, whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles, Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or galvanized iron receptacles, Any trash litter, rags, accumulations of empty barrels, barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire hazard; 11. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, park, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material; 12. The existence of any fence or other structure or thing on private property abutting or fronts upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition; 13. The existence on any premises of any unused or abandoned trailer, housetrailer, automobile, boat or other vehicle which is not currently registered with the State of Washington and does not have a current registration tab on the vehicle's license plate which is attached to that vehicle, with the following three exceptions: C Ordinance No. 1666 Page 4 of 7 a. An unregistered vehicle or trailer may be stored in a garage if that garage is secured with a door which can be closed, b. One unregistered vehicle or trailer per residential lot can be stored under a tarp if the tarp is well maintained and secured to that vehicle; C. Any of the above listed items which are useable but not required to be registered by the State of Washington or the state of residence of the legal owner(s). 14. The existence on any premises of any major parts of a trailer, housetrailer, automobile, boat or other vehicle, to include batteries, tires, and wheels; 15. The storage or placement of household garbage, litter, construction debris or other trash in any trailer, housetrailer, automobile, boat or other vehicle for more than 24 hours; 16. The existence on any premises of any abandoned or unused well, cistern or storage tank without first demolishing or removing from the City such storage tank or securely closing and barring any entrance or trapdoor thereto or without filling any well or cistern or capping the same with sufficient security to prevent access thereto by children; 17. The existence on any premises in a place accessible to children, of any unattended and/or discarded icebox, refrigerator or other large appliance; 18. The existence of any drainage onto or over any sidewalk or public pedestrian way; 19. The existence of any goods, merchandise or property of any kind on any streets, alleys or sidewalk of the City which unreasonably obstructs pedestrian or vehicular traffic. Prohibited Conduct 1. It is unlawful for any responsible person or owner to permit, maintain, suffer, carry on or allow, upon any premises or in lake, river, stream, drainage way or wetlands, any of the acts of things declared by this chapter to be a public nuisance; 2. It is unlawful for any person to create, maintain, carry on or do any of the acts or things declared by this chapter to be a public nuisance. Ordinance No. 1666 Page 5 of 7 D. Disposal of diseased animal carcass - Violation, a misdemeanor. - Every person owning or having charge of any animal that has died or been killed on account of disease shall immediately bury the carcass thereof at least three feet underground at a place approved by the (city or county) health officer. No person shall sell or offer to sell or give away the carcass of any animal which died or was killed on account of disease. Every violation of any provision of this section is a misdemeanor. E. Enforcement - Notice - Any enforcement officer appointed by the City Council, having knowledge of any public nuisance, shall cause any owner or other responsible person to be notified of the existence of a public nuisance on any premises and shall direct the owner or other responsible person to abate the condition within 10 days after notice. (The notice shall be substantially in the following form): NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION Q1l (name and address of person notified) As owner, agent, leasee or other person occupying or having charge or control of the building, lot or premises at you are hereby notified that the undersigned pursuant to Ordinance of the City of Port Orchard has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection of City Ordinance You are hereby notified to abate said condition to the satisfaction of the undersigned within ten (10) days of the date of this notice. If you do not abate such condition within ten (10) days, the City may abate the condition at your expense. In addition, the City may begin issuing citations pursuant to subsection of Ordinance No. Abatement is to be accomplished in the following manner: You may appeal this Notice to Abate decision by filing a written notice of appeal with the City Council of the City of Port Orchard within five (5) days after the date of this notice. Dated Name of Officer Ordinance No. 1666 Page 6 of 7 F. Abatement by the City - In all cases where the enforcement officer has determined to proceed with abatement by the City ten (10) days after notice the City shall acquire jurisdiction to abate the condition at the person's expense as herein provided. Upon the abatement of the condition or any portion thereof by the City, all expenses thereof shall constitute civil debt owing to the City jointly and severally by such of the persons who have been given notice as herein provided. The debt shall be collectable in the same manner as any other civil debt owing to the City. G. Abatement by owner or other responsible person - If and when an owner or other responsible person shall undertake to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the enforcement officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to the abatement. H. Appeal - Any person who has received a notice to abate a condition as determined by the code enforcement officer under Section E of this chapter may appeal said determination by filing written notice of appeal within five (5) days after the date of said notice to abate, with the City Council. Said notice shall set forth the grounds upon which the appeal is based. Upon receipt of notice of appeal the City Council shall hold a hearing not more than thirty (30) days after said appeal was filed. It shall be the duty of the code enforcement officer to present proof relating to the grounds for the issuance of the notice to abate. If the City Council finds that a nuisance exists based on the criteria of this ordinance the Council shall order that such nuisance be abated pursuant to this ordinance and shall set forth reasonable time limits for such abatement. If the Council finds that a nuisance does not exist under this ordinance, the Council shall cancel the notice to abate. Upon the filing of a proper notice of appeal under Section G, the time limits specified in section E & F shall be stayed during the pendency of the appeal. I. Immediate Danger - Summary Abatement - Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent danger to the health or safety of the public or a significant portion thereof, the enforcement officer shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a civil debt against the owner or other responsible party and be collected as provided in Section F. J. Additional Remedies - In addition to any other remedy provided in this chapter, any owner, responsible person, firm, corporation or agent which violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall be deemed guilty of a civil infraction. Each five calendar day period that a violation exists constitutes a separate offense. Ordinance No. 1666 Page 7 of 7 SECTION II. A. Repeal of Ordinance No. 1630. The City of Port Orchard does hereby repeal Ordinance No. 1630. B. Savings Clause. Ordinance No. 1630 which is repealed by this ordinance, shall remain in force and effect until the effective date of this ordinance. SECTION III. - SEVERABILITY CLAUSE - Should any portion of this ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that this ordinance would have been enacted without that provision so held unconstitutional or invalid and the remainder of this ordinance shall not be affected as a result of said part being held unconstitutional or invalid. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 12th day of November, 1996. ATTEST: i Pat'icia Parks, City Clerk APPROVED AS TO FORM: City Attorney LESLIE J. WEATHERILL, MAYOR SPONSORED BY: Councilman Morrison NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held November 12, 1996. ORDINANCE NO. 1666 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING ORDINANCE NO. 1630 ADOPTING DEFINITIONS OF NUISANCES AND ESTABLISHING RULES, REGULATIONS AND PROCEDURES FOR THE ABATEMENT OF SUCH NUISANCES. Copies of Ordinance No. 1666 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1666 will be provided at a nominal charge. City of Port Orchard Michelle Hager Deputy City Clerk Publish: Port Orchard Independent November 20, 1996