1592 - Ordinance - Definition of NuisancesNOTICE 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 October 25, 1993.
ORDINANCE NO. 1592
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ADOPTING DEFINITIONS OF NUISANCES AND
ESTABLISHING RULES, REGULATIONS AND PROCEDURES FOR
THE ABATEMENT OF SUCH NUISANCES.
Copies of Ordinance No. 1592 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.
1592 will be provided at a nominal charge.
City of Port Orchard
Michelle Hager
Deputy Clerk
Publish: Port Orchard Independent
November 3, 1993
ORDINANCE NO. 1592
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
�� tQlc d bU ADOPTING DEFINITIONS OF NUISANCES
AND ESTABLISHING
P RULES, REGULATIONS AND PROCEDURES FOR THE ABATEMENT OF
Df& 1630 SUCH NUISANCES.
-�1'-015 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ORCHARD, WASHINGTON, AS FOLLOWS:
SECTION 1. NUISANCES
A. Definitions - The words and phrases used in this chapter,
Ayr ��unnlless the context otherwise indicates, shall have the following meanings:
4
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 judgement, determines is necessary in the interest of
the general health, safety and welfare of the community.
2. "Enforcement Officer" means an individuals 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. 1592
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;
7. 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, and 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:
a. 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. 1592
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,
f. 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,
g. 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 front upon any public street,
sidewalk or place which is in a sagging, leaning, fallen,
decayed or other dilapidated or unsafe condition;
13. The existence of any premises of any unused and abandoned
trailer, housetrailer, automobile, boat or other vehicle or
major parts thereof;
14. 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;
Ordinance No. 1592
Page 4 of 7
15. The existence on any premises in a place accessible to
children, of any unattended and/or discarded icebox,
refrigerator or other large appliance;
16. The existence of any drainage onto or over any sidewalk or
public pedestrian way.
17. 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.
C. 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, and 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.
D. Disposal of diseased animal carcass - Violation, a misdemeanor.
Every person owning or having in charge 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 other reasonable period. (The notice shall be
substantially in the following form):
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
TO
(name and address of person notified)
Ordinance No. 1592
Page 5 of 7
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 (10 days) of the date of
this notice. If you do not abate such condition within (10
days), the City will abate the condition at your expense.
Abatement is to be accomplished in the following manner:
You may appeal this 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
Abatement by the City
Name of Officer
In all cases where the enforcement officer has determined to
proceed with abatement (10 days) 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.
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.
Ordinance No. 1592
Page 6 of 7
N. 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
Commissioner finds that a nuisance does not exist under this
ordinance, he 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.
Violation a Misdemeanor
q Any person violating this Chapter is guilty of a misdemeanor.
SECTION II. - SEVERABILITY CLAUSE
Should any portion of this criminal code be declared
unconstitutional or invalid by any court of competent
jurisdiction, it shall be conclusively presumed that this
criminal code would have been enacted without that provision so
held unconstitutional or invalid and the remainder of this
criminal code shall not be effected as a result of said part
being held unconstitutional or invalid.
Ordinance No. 1592
Page 7- of 7
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
25th day of October, 1993.
ATTEST:
Patricia Parks, City Clerk
APPROVED AS TO FORM:
City Attorney
LESLIE WEATHERILL, MAYOR
SPONSORED BY:
Councilman Childress