014-19 - Ordinance - Relating to Nuisance Vehicles and Parts and the Penalties for ViolationsoRDTNANCE NO. 014-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASH NGTON,
RELATING TO NUISANCE VEHICLES AND PARTS AND THE PENALT ES FOR
VIOLAT ON OF THE NUISANCE CODE; AMEND NG CERTA N PROV SIONS
oF CHAPTERS 9.30 ("NU SANCES"I AND 2.64 ("CODE ENFORCEMENT
OFF CER"I OF THE PORT ORCHARD MUN CIPAL CODE; PROVID NG FOR
SEVERAB LITY AND PUBL CAT ON; AND SETTING AN EFFECT VE DATE.
WHEREAS, in accordance with RCW 35A.tL.02O, the legislative body of each optional
municipal code city "shall have any authority ever given to any class of municipality or to all
municipalities of this state;" and
WHEREAS, the Revised Code of Washington grants to first and second-class cities the
authority "to declare what shall be a nuisance, and to abate the same, and to impose fines
upon parties who may create, continue, or suffer nuisances to exist;" and
WHEREAS, neglected, wrecked, dismantled or partially-dismantled, or apparently
inoperable vehicles and equipment, and the parts and components thereof, left in public view,
other than at properly located, licensed, and screened businesses associated with such vehicles,
parts, and equipment, may be nuisances adversely affecting the public health, safety, peace,
andlor welfare; and
WHEREAS, objective criteria and definitions are needed for the determination of such
nuisances and the enforcement to abate them; and
WHEREAS, the current civil penalty of 5100 per violation, per five-day period, is not a
significant deterrent to the creation and continuation of public nuisances; and
WHEREAS, some nuisance conditions may be especially egregious and/or the result of
intentional or negligent acts, warranting criminal prosecution; now, therefore,
THE C TY COUNCIL OF THE C TY OF PORT ORCHARD, WASHTNGTON, DO
ORDA N AS FOLLOWS:
SECTI
as follows:
oN 1.The Port Orchard Municipal Code, Chapter 9.30, is hereby amended to read
Ordinance No. 014-L9
Page 2 of LL
Sections:
9.30.010
9.30.020
9.30.030
9.30.040
9.30.050
9.30.050
9.30.070
9.30.080
9.30.090
9.30.100
Chapter 9.30
Nu sances.
Definitions.
Types of nuisances.
Prohibited conduct.
Disposal of diseased anima! carcass - Violation a misdemeanor.
Enforcement - Notice.
Abatement by the city.
Abatement by owner or other responsible person.
Appeal.
lmmediate danger - Summary abatement.
Additional remedies.
9.30.010 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 office/' 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, parcet, reat 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.
(5) "Vehicle" means any device capable or designed to be capabte of moving upon a roadway,
off-road, or on or across the water, whether motorized or not, and in, upon, or by which any
person or property is or may be transported, and shall include but not be limited to motor
vehicles, trailers, recreational, utility, and sporting vehicles, farm and construction vehicles and
equipment, boats, and campers designed or intended to be mounted on trucks or vehicle
chassis, or parts or components thereof.
9.30.020 Types of nuisances.
Each of the fo!lowing 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, drainagewdy, or wetlands, the officer may
require or provide for the abatement thereof pursuant to this chapter:
(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;
Ordinance No. 014-19
Page 3 of 11
(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:
(a) Streets, sidewalks, sewer, utilities or the public improvements,
(b) Visibility on, or free use of, or access to such improvements;
( ) 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
or 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 grass or weeds exceeding 12 inches in height except for the following:
(a) Areas maintained for domestic !ivestock,
(b) Public right-of-way,
(c) Undeveloped publicly owned watershed lands,
(d) Private property designated as open space land, farm and agricultural land and
timberland under Chapter 84.34 RCW and taxed at current use assessment,
(e) Wetlands and critical areas designated for protection under the Growth Management
Act, Chapter 36.074 RCW,
(f) Natural vegetation buffers designated on a plat or a city of Port Orchard land use
condition;
(5) The existence of any accumulation of materials or objects in a location when the same
endangers property, safety or constitutes a fire hazard;
(7) 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;
(8) The existence of caterpillar infestation;
(9) The burning or disposa! of refuse, sawdust or any other material without a permit;
(L0) The existence of any obstructlon to a street, a!!ey, 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 lavvful 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;
Ordinance No. 014-19
Page 4 of LL
(11) 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, any one or more of the
fo!lowing 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,
(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 fties 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 pited, or anything whatsoever in
which flies or rats may breed or multiply or which may be a fire hazard;
(12) 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;
(13) The existence of any fence or other structure or thing on private property abutting or
fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed
or other dilapidated or unsafe condition;
(14) The existence on any premises of one or more junk, wrecked, dismantled, partially
dismantled, or apparently inoperable vehicles or engines or drive-train parts, body parts,
wheels, tires, or any other parts, assemblies or components of automobiles and other vehicles,
except as specifically permitted by this Chapter or any other City ordinance.
(a) For the purposes of this Chapter, "Apparently inoperable" means a vehicte that meets
any of the following criteria:
Ordinance No. OL4-L9
Page 5 of 11
1.. has flat tires; is covered or partially covered by moss, leaves, needles or other
vegetation; has grass or other vegetation growing up around the vehicle; or other
conditions exist that support a reasonable belief that the vehicle has not been
moved or maintained for 30 days or more;
2. has any visibly damaged, missing, or broken major parts or components, including
but not !imited to any of the following: windows, windshield, headlights, taillights,
mirrors, body panels, hood, doors, bumpers, trunk lid, seats, steering wheel, grill
cover, radiator, or any major mechanical or electrical parts or equipment; or for any
reason appears in such a condition as to not be legally operable on a pubtic road.
(b) The following are exempt from the prohibitions of this Chapter:
1. Vehicles or parts thereof which are completely enclosed within a building in a lawful
manner where they are not visible from the street or other pubtic or private
property; or
2. Vehicles or parts thereof which are stored or parked in a lawful manner on private
property in connection with the business of a properly licensed wrecking yard,
vehicle repair shop, or similar business, where such vehicles are an integral and
typical part of such business and where the vehicles are properly stored and
screened in accordance with the applicable regulations for such business and
location; or
3. A vehicle that is an individual's or family's sote source of transportation provided
that all the following shall apply:
A. the vehicle exists and is maintained in such a condition as to be immediately
legally operable on public roads and highways;
B. the vehicle is currently registered to an occupant of the property it is located
on; and
C. The burden of proof that the vehicle meets these criteria shall be on the owner,
occupant, or person with responsibility for or contro! of the property.
(15) The storage or placement of household garbage, litter, construction debris or other trash in
any trailer, house trailer, 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 chitdren;
(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 goods, merchandise, or property of any kind on any streets, alleys or
sidewalk of the city, which unreasonably obstructs pedestrian or vehicular traffic. (Ord. 194g s
2,2004; Ord. 1835 5 1, 2001; Ord. L724 S 15, 1998).
9.30.030 Prohibited conduct.
Ordinance No. 014-19
Page 6 of 11
(1) lt 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, dhy of the acts or
things declared by this chapter to be a public nuisance.
(2) lt is unlawfu! 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.
9.30.040 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 ptace
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 viotation of any
provision of this section is a misdemeanor.
9.30.050 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
TO
(name and address of person notified)
As owner, agent, leasee or other person occupying or having charge or
controlofthebuilding,lotorpremisesat-youareherebynotified
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 CityOrdinance :
You are hereby notified to abate said condition to the satisfaction of the
undersigned within ten (10) days of the date of this notice. lf you do not
abate such condition within ten (10) days, the City may abate the condition
at your expense. ln 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
appea! with the City Council of the City of Port Orchard within five days after
the date of this notice.
Dated
Ordinance No. 014-19
Page 7 of LL
Name of Officer
9.30.060 Abatement by the city.
ln all cases where the enforcement officer has determined to proceed with abatement by the
city 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 civi! 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.
9.30.070 Abatement by owner or other responsible person.
lf 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 needfu!
and legal conditions pertinent to the abatement may be imposed by the enforcement officer. lt
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 responsibte person of the obligation of
obtaining any required permit to do any work incidental to the abatement.
9.30.080 Appeal.
Any person who has received a notice to abate a condition as determined by the code
enforcement officer under POMC 9.30.050 may appeal said determination by filing written
notice of appeal within five days after the date of said notice to abate, with the city council. Said
notice sha!! set forth the grounds upon which the appeal is based. Upon receipt of notice of
appeal the city counci! shall hold a hearing not more than 30 days after said appeal was filed. lt
shall be the duty of the code enforcement officer to present proof relating to the grounds for
the issuance of the notice to abate. lf the city council finds that a nuisance exists based on the
criteria of this chapter the council shall order that such nuisance be abated pursuant to this
chapter and shall set forth reasonable time limits for such abatement. lf the council finds that a
nuisance does not exist under this chapter, the council shall cancet the notice to abate. Upon
the filing of a proper notice of appeal under POMC 9.30.070, the time limits specified in POMC
9.30.050 and 9.30.060 shall be stayed during the pendency of the appeal.
9.30.090 !mmediate 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 POMC 9.30.050.
9.30.100 Additional remedies.
(1) Civil Penalty
Ordinance No. OL4-L9
Page 8 of 11
ln addition or alternative to any other penalty provided herein or by law, any violation of, or
failure to comply with, any provision of this Chapter or any lawful order issued hereunder, shall
constitute a civil infraction subject to a penalty as specified in POMC 2.64.
(2) Criminal Penalty
ln addition or alternative to any other penalty provided herein or by law, any violation of, or
failure to comply with, any provision of this Chapter or any lawful order issued hereunder, shal!
constitute a misdemeanor, punishable by a fine of not more than S1,OOO, or by imprisonment
for not more than 90 days, or by both such fine and imprisonment.
(3) Each day in which a violation occurs or is allowed to continue shall constitute a separate
offense and may be subject to separate penalties.
SECTI oN 2.The Port Orchard Municipal Code, Chapter 2.64, is hereby amended to read
as follows:
Sections:
2.64.OL0
2.64.020
2.64.030
2.64.O40
2.54.0s0
Chapter 2.64
Code Enforcement Officer.
Code enforcement officer position created - Authority.
Notice of civil infraction.
Enforcement.
Applicability.
lnspections.
2.64.010 code enforcement officer posit on created - Author ty
The position of code enforcement officer is estabtished. The code enforcement officer
and any designee shall be appointed by the city council and shall be designated by
council resolution. The code enforcement officer shall be authorized to investigate
compliance with the city regulations enumerated in POMC 2.64.030 and to take
reasonable action to bring about compliance with such regulations, including but not
limited to the issuance of notices of civi! infraction. (ord. LB44 g L,2oo2l.
2.64.020 Notice of c vil infract on
(1) The code enforcement officer has authorityto issue a notice of civil infraction:
(a) When a violation of the city regulations enumerated in POMC 2.64.030 is
observed by the code enforcement offic er; andf or
(b) When the code enforcement officer has reasonabte cause to believe that a
violation of city regulations as enumerated in POMC 2.64.030 has occurred.
(21 Each day in which a violation occurs or is allowed to continue shall constitute a
separate offense and may be subject to separate penalties.
(3) A notice of civil infraction may be issued by the code enforcement officer to any
Ordinance No. 0L4-L9
Page 9 of L1
responsible person, firm, corporation or agent. The notice of civil infraction shall
contain the information required by RCW 7.80.070 as it now exists or may hereafter
be amended.
(4) A notice of civil infraction shall be served upon the person to whom it is directed
in person, or by mailing a copy of the notice to such person at his/her last known
address. Proof of service shall be made by a written declaration under penatty of
perjury by the person serving the notice, declaring the date and time of service and
the manner by which service was made. The notice of civil infraction, along with the
declaration, shall be filed with the city of Port Orchard municipal court.
(5) A Notice of Civil lnfraction - Jurisdiction. The city of Port Orchard municipal court
shall have jurisdiction to hear and determine these matters. (Ord. L844 5 2,2OO2).
2.64.030 Enforcement
(1) A Civil lnfraction. Any person who shall commit any violation of the provisions as
set forth in this chapter shall have committed a civil infraction and, upon finding by
the city of Port Orchard municipal court that such civil infraction has been
committed, shall pay all billable court costs, and pay monetary penalty to the city of
Port Orchard, as set forth on the schedule below (subsections below have been
paraphrased as an aid in determining the penalty only and are not intended for any
other purpose):
(a) Violation of the public nuisance laws: SZSO.OO;
(b Violation of the zoning ordinance: S1SO.OO;
(c) Violation of the sign code: S250.OO;
(d) Violation of the conditions of approval for !and use reclassification as
approved by the city council: S1SO.OO;
(e) Violation of the conditions of approval for special use permits as approved by
the city council: S1SO.OO;
(f) Violation of the conditions of approval for variances as approved by the
planning commission : $ 150.00;
(g) Violation of the conditions of approval forfinal ptats as approved bythe city
council: S2sO.00;
(h) Violation of the stormwater management ordinance: SIOO.OO to $1,000;
(i) Violation of the shoreline management program: S1OO.OO to S5,0OO;
(j) violation of the critical areas ordinance: Stoo.oo to S1,0oo;
(k) Violation of the commercial vehicle parking ordinance: 5250.00;
(l) Provided, any violation for which a penalty is not set forth above shall contain a
monetary penalty not to exceed 5100.00.
(2) Additional Remedies. ln addition to any other remedy provided by the chapter,
Ordinance No. 014-19
Page 10 of 11
the city may initiate injunction or abatement proceedings or any other appropriate
action in the courts against any person who violates or fails to comply with any
provision as set forth in this chapter or to restore a condition which existed prior to
the violation. The violator shall pay the costs of such action including reasonable
attorney fees.
(3) Authority Retained. Nothing in this chapter shall be construed to abridge the
authority of other agents or officers of the city, including the city police department,
to enforce the provisions of this code under authority otherwise granted such agents
or officers. (Ord. L892 5 1, 2003; Ord. L844 5 3, 2002).
2.64.040 Appl ica bi I ity
The enforcement authority of this chapter shall apply to the following ordinances and
regulations of the city, and anysubsequent ordinance and/or regulation as setforth in
this chapter:
(1) Nuisances: ordinance No. L724 and amendments thereto;
(21 Zoning ordinance: Ordinance No. 1748 and amendments thereto;
(3) Subdivisions: POMC Title 16;
(4) Sign code: Chapter 15.16 POMC;
(5) Stormwater management ordinance: Chapter 15.32 pOMC;
(6) Critical areas ordinance: Ordinance No. L784 and amendments thereto;
(71 Shoreline master program;
(8) Commercial vehicle parking ordinance: Chapter 10.13 POMC. (Ord . tSgZ I Z,
2003; Ord. L844 5 4, 20021.
2.54.050 nspect ons
The code enforcement officer or the code enforcement officer's designee shall inspect
properties as necessary to determine whether the permittee has complied with
conditions of the respective permits and, whenever there is reasonable cause to believe
that a permittee is in violation of the provisions as set forth in this chapter, may enter
upon such premises at all reasonable times to inspect the same or to perform any other
duty allowed by the code enforcement officer by this code. The code enforcement
officer or designee shall present proper credentials to the owner or other person in
charge of the premises before requesting entry. lf such entry is refused or if the owner
or tenant or person in charge of the premises cannot be located, the code enforcement
officer or designee shall have recourse to every remedy provided by law to secure entry,
including, but not limited to, application for a search warrant. tn making such
application, the code enforcement officer or designee shall be assisted by the police
department. (Ord . L844 S 5, 2002).
Ordinance No.014-19
Page 11 of 11
sEcTtoN 3.Severabilitv. lf any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECT ON 4. Publication.This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
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 9th day of April 2OL9.
Robert Putaa u, Mayor
ATTEST:SPONSOR:
Brandy Rinearsor, MMC, City CIerk Scott Diene uncilmember
I
APPROVED AS TO FORM:
ron Cates, City Attorney '&;inN
PU BLISH ED:
EFFECTIVE DATE:
April L9,2OL9
April 24,2OL9
,