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HomeMy WebLinkAbout5747ORDINANCE NO. 5 7 4 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTERS 8.12, 8.14, AND 8.20 OF THE AUBURN CITY CODE, RELATING TO PUBLIC NUISANCES AND NUISANCE ABATEMENT WHEREAS, among the municipal responsibilities falling on the City of Auburn are those related to enforcing prohibition of public nuisances; and, WHEREAS, in order to handle those responsibilities more effectively, it is appropriate to amend the applicable code provisions addressing public nuisances so as to make them more responsive to the needs of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: SECTION ONE. CODE AMENDMENT. That Chapter 8.12 of the Auburn City Code, relating to Public Nuisances, is amended to read as follows: Sections: 8.12.010 8.12.020 8.12.030 8.12. O4O 8.12.050 8.12.060 8.12.070 Chapter 8.12 PUBLIC NUISANCES~ ,~'1',,,,,,~,,'~ ..... ,,,... defino~tPurpose. Nuisances affecting public health. ~,h ,; ....... ~,,,-*; ....... ~nd eserved ......... Attractwe nuisances. · -,,~, .............. ~, ..... ~, ..... Structures and buildings as nuisances. Maintaining or permitting nuisance. ~ For statutory provisions authorizing third-class cities to declare nuisances, see RCW 35.24.330; for provisions granting a code city all powers of any city of any class, see RCW 35A.21.160. Ordinance No. 5747 April 7, 2003 Page 1 8.12.080 Abatement by city- Costs liability. 8.12.090 Abatement order. 8.12.010 ~,~,,~ ..... '~'~¢~"'~'~ Purpose. A-',, ,~ ..... ,, ~o a thing, -~* ....... *; ......... ~ ..... ~ ..... hiCh. The purpose of this Chapter is to define what constitutes a public nuisance and how a public nuisance will be abated. The intended result of abating a public nuisance is to protect public health and property values by reducinq visual blight, reducing the opportunity for harborinq of rodents and pests, providing for safer pedestrian and automobile traffic flow, and reducing impacts to the environment by preventing the indiscriminate storaqe of inoperable vehicles. Public nuisances will be abated in all areas of the city with emphasis in the residential neiqhborhoods (Ord. 2967 1, 1976; 1957 code 7.04.270.) 8.12.020 Nuisances affecting .public health. The fr~ll,~in,,~ ,~r~ n, ,;o,'~nr-~r, ,~F'~r-flnr~ h~lfh. ~,~ ............. ~ ~, ~ .... ~,, ~,~on Ac~s or omissions, places, conditions and ~hinqs or uses of ~ha~ injure or endan~er ~he safe~y, heaRh, welfare, comfo~ or ~eneral well beinq of ~he qenera public or ~he environment, are declared ~o be public nuisances. Public nuisances include, bu~ are no~ limRed ~o, the followin~: A. The erec~inq, main~ainin~, using, placing, deposRinfl, causin~, allowing. Ordinance No. 5747 April 7, 2003 Page 2 leavinq, or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, avenue, alley, park, parkway, or other public or private place in the City, any one or more of the followinq places, conditions, things or acts to the prejudice, danger, or annoyance of others; B. Privies, vaults, cesspools, sumps, pits, wells or cisterns or like places which are not securely protected from insects, rodents, or other pests; C. Filthy, littered or trash-covered premises, includinq all buildings and' structures thereon and areas adjacent thereto; D. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire, metal, articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all other trash or abandoned material unless the same are kept in covered bins or metal receptacles approved by the City, provided that any such receptacles approved by the King County or Pierce County Health Officer or desiqnee shall be deemed approved by the City; E. Trash, litter, rags, debris, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material, lumber not neatly piled, or other material, which provides harboraqe for insects, rodents, or other pests; F. Any unsightly and danqerous building, billboard or structure, as determined by the City Building Official; G. All places used or maintained as iunk-yards or dumping grounds, or for the wreckinq, disassemblinq, repair or rebuildinq of automobiles, trucks, tractors or machinery of any kind, or for the storing or leavinq of worn out wrecked or abandoned automobiles, trucks, tractors or machinery of any kind or of any of the parts thereof, or' for the storinq or leaving of any machinery or equipment used by contractors or builders or by other persons, which places are kept or maintained so as to provide harborage for insects, rodents or other pests, excluding properly zoned and licensed wreckinq yards, iunk-yards or machinery being used; H. Garbaqe disposed of in any manner other than provided in the Solid Waste Code (Ch 8.08 ACC); I. Garbage cans which are not impervious to rodent gnawing or do not have tight-fittinq lids; J. Any putrid, unsound or unwholesome bones, meat, hides, skins or the whole or any part of any dead animal, fish or fowl, butchers' trimmings or offal, or any waste veqetable or animal matter in any quantity, garbage human excreta or other offensive substance; provided, nothing in this Subsection shall prevent the tempor.a..~ retention of waste in a manner approved by the Mayor or designee; K. Blackberry vines or any tall grass or weeds which are infested with insects, rodent or other pests; L. Grass clippings, cut brush or cut weeds which may create an insect or rodent harboraqe; M. Nests, colonies, hives or apiaries of bees, Africanized honey bees, yellow iacket, hornets or wasps which are not in full compliance with Chapter 15.60 RCW or Ordinance No. 5747 April 7, 2003 Page 3 Chapter 16-602 WAC, or which are not in full compliance with the City's zoning and land use codes or with the City's business licensinq and re.qistration codes; and, N. Any accumulation of combustible, explosive or flammable substances which are stored in a way that poses a threat or danger to life or property. O. It is also a public nuisance to store, keep or allow junk to accumulate unless within a building or outdoor storaqe yard. Provided further, that the buildinq and/or outdoor storage yard must otherwise meet all other applicable requirements of the City includinq allowinq for the storaqe of junk. For the purposes hereof, "Junk", means old, unusable or discarded appliances, furniture, scrap wood, paper, cardboard, glass, demolition debris, rubber, metal, equipment, tires, machinery, toys, building materials (except for materials being used for an immediate construction project on the premises), woody debris, batteries, barrels, cans, motor vehicle parts, raqs or similar items. The term junk also includes travel trailers, boats and boat trailers, truck campers.,. utility trailers, tent trailers or similar vehicles that are in disrepair, in an obvious state of abandonment, or that cannot legally be operated on public streets, roads or hi.qhway~.:. The term junk does not include recyclable items that are associated with a permitted recycling industry, Provided that the indiscriminate storaqe of recyclables in areas not otherwise allowed for storaqe will be considered junk and a public nuisance. (Ord. 2904 1, 1976; 1957 code 7.04.280.) mutt Ordinance No. 5747 April 7, 2003 Page 4 J fnr ~n~ ~r~N ~ n~rm;+ ;~r +h~ N;~r;~;~+;~n +h~r~; ;r~m +h~ ~;+~/ nl~rb ~n~ hoe n~;n~r~ ~n~ ~1~o ~ r,,n ~ I~r~ n~ ,,n~r I~h ~n~ n~ ~n~ ~ ~ ~n~r in ~ho ~" ..... ; *~ ~ Th~ N,,~n;n~ ~r nl~;n~ ~; ~r~o~ ~l;nn;n~ t,~rN ~r;mm;n~o ~Nr,,~ ~r;~m;n~ , . , ,,~ ~,,~,,,~ v, ~,~v,,~ v, ~.~ v.,~,,,~ ]~,~ ~,,,,~,,,,,,~ ~,,~ ~,.,,,,.,.,~v~ ~ Ail ~,h ..... ~;,; ..... ,~; ...... ~;~ are ,;~h,~, ....... ;.; .... *~ *ha person ~,~v,~ v, ~,J~V,, . %~,~. ,vvv~ 8.12.040 p .... ;,; ........ h~J ........ ho* ..... ~ A.;.,~;.;.~ nolso"'e lmoh:m~Attractive nuisances, ,~l*,~;~ ,,~l~,,~,,I , ............ ,~ ~ .... ;, I ....... ~ ........... a ~;~h ........ ............. ~ ~, ,, ~ ..... R~ ~'"~''"~N;~N'"~" ~, ,~' '*~ ~, ~..~ .,~.~,, OR ............. , ~-,, ~-;~'~ An "Attractive Nuisance" means the circumstance or condition which may Ordinance No. 5747 April 7. 2003 Page 5 reasonably be expected to attract young children and which constitutes a danger to such children. B. Attractive nuisances include but are not limited to unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof; any structurally unsound or unsafe fence or buildinq edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; and any sizeable collection of scrap lumber, trash, debris vegetation, or other similar items.. (1957 code 7.04.300.) 8.12.060: ....*,-.--,+;,-,'; .... ~'~;" ~. ..... Structures and buildinqs as nuisances. A. It is a public nuisance to have a fence or similar structure with any barbed wire, razor wire or similar wire located within M~-ee-five feet of any public sidewalk unless the -barbed wire, razor wire or similar wire is located at a height greater than eight feet above the ground. It is provided, however, that any fence legally constructed and installed before the day of , 2003, (the effective date of this Ordinance) shall be exempt from the provisions hereof, so long as any barbed wire, razor wire or similar wire on or affixed to the fence is located at a heiqht of not less than six feet, and so long as no barbed wire, razor wire or similar wire on the fence projects beyond or intrudes past the boundary of the property on which the fence or similar structure is located. It is also a public nuisance to have any fence charged with electricity in any amount whatsoever, Provided that electric fences may be permitted in the RR (rural residential) zones where the electrical charge of such electric fences is non-continuous and the electric fence controller has been approved by the Underwriter Laboratories (U.L.) or meets the testinq standards of the Underwriter Laboratories. It is further provided that electric fences in such RR (rural residential) zones which abut any public street or riqht-of-way shall include signs of not less than 30 square inches in size posted at least every 50 feet on the fence, stating that the fence is charged with electricity.. B. It is a public nuisance for any vacant, unused, or unoccupied building or structure within the City to have any broken, missing, or open doors, windows, or other openings, allows access by unauthorized persons or the general public. C. A buildinq or structure, whether occupied or not, will also be considered a public nuisance if it has exterior elements that are defective, decayed or will in any way contribute to the siqnificant deqradation of the building, and; if those exterior elements are not repaired or otherwise abated, the building, within a relatively shod Ordinance No. 5747 April 7, 2003 Page 6 period of time, will become unsafe or make the building or structure uninhabitable. (1957 code 7.04.320.) 8.12.070 Maintaining or permitting nuisance. Every person who commits or maintains a public nuisance, for which no special punishment is prescribed, or who willfully omits or refuses to perform any legal duty relating to the removal of such nuisance, and every person who lets or permits to be used any building or boat or portion thereof, knowing that it is intended to be or is being used for committing or maintaining any such nuisance, is guilty of a violation of this code. (1957 code 7.04.340.) 8.12.080 Abatement by city- Costs liability. If within three days after receiving a proper notice in writing for the abatement of any nuisance detrimental to health, or source of filth as hereinabove defined, such notice to be signed by the city health officer, the person owning, occupying or controlling such premises fails, neglects or refuses to remove the same, such nuisance may be removed or abated by order of the health officer, and the person on whom such notice for the removal of same was served, in addition to incurring the penalty provided, shall become indebted to the city for the damages, costs and charges incurred by the city in the removal of such nuisance. Such costs and charges are to be recovered by a civil action brought by the city against the person so served with such notice. (1957 code 7.04.330.) 8.12.090 Abatement order. The magistrate before whom there may be pending any proceeding for a violation of maintaining or permitting a nuisance, except as defined hereinabove, shall, in addition to any fine or other punishment which it may impose for such violation, order such nuisance abated and all property unlawfully used in the maintenance thereof destroyed by the chief of police at the cost of the defendant. (1957 code 7.04.350.) SECTION TVVO. CODE AMENDMENT. That Chapter 8.14 of the Auburn City Code, relating to Public Nuisances, is amended to read as follows: Chapter 8.14 DISP©$1T!©N ©F JUNK AND INOPERABLE VEHICLES Sections: 8.14.010 Purpose. 8.14.020 Definitions. 8.14.030 Public nuisance declared. 8.14.040 Exemptions. 8.14.050 Abatement and removal of junk vehicles on private property. 8.14.055 Inoperable vehicles as a nuisance, Ordinance No. 5747 April 7, 2003 Page 7 8.14.060 Additional enforcement procedure. 8.14.070 Constitutionality or invalidity. 8.14.080 Severability. 8.14.010 Purpose. The purpose of this chapter is to preserve the character and safety of the city's neighborhoods by eliminating as nuisances, junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240. (Ord. 5200 2, 1999.) 8.14.020 Definitions. For the purposes of this chapter, the following words shall have the following meaning: A. "Director" means the director of the department in charge of code enforcement or his or her designee or any designated alternate who is empowered by ordinance or by the mayor to enforce this chapter including assigned code enforcement official(s). B. "Junk vehicle" means a vehicle meeting at least three of the following requirements: (RCW 46.55.010(4)) 1. Is three years old or older; 2. Is extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield or missing wheels, tires, motor or transmission; 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. C. "Landowner" means an owner of private property, or a person in possession or control of private property. (Ord. 5200 2, 1999.) 8.14.030 Public nuisance declared. All junk vehicles certified as such by a law enforcement officer or code enforcement officer designated by the director according to RCW 46.55.230 and found on private property are declared to constitute a public nuisance subject to removal, impoundment and disposal. It is unlawful for any individual, firm, entity or corporation to allow, cause to allow or place a junk vehicle on any premises. (Ord. 5200 2, 1999.) 8.14.040 Exemptions. The provisions of this Chapter shall not apply to: A. Any vehicles or parts thereof which is are completely enclosed within a building in a lawful manner where it is they are not visible from the street or other public or private property; or B. Any vehicles or parts thereof which is-are stored or parked in a lawful manner on private property in connection with the business of a licensed commercial towinq yards, automobile repair facilities, outdoor storage yards or wrecking yards, licensed Ordinance No. 5747 April 7, 2003 Page 8 dismantler or licensed vehicle dealer and is which are fenced according to the provisions of RCW 46.80.130. (Ord. 5200 2, 1999.) 8.14.050 Abatement and removal of junk vehicles on private property. A. Voluntary Correction. Whenever the code enforcement official or a city of Auburn law enforcement officer determines that a vehicle is a public nuisance and in violation of this chapter, a reasonable attempt shall be made to secure voluntary correction from the landowner and the vehicle's registered owner. B. Enforcement of Civil Violations. If the code enforcement official or city of Auburn law enforcement officer does not obtain voluntary correction of the public nuisance, the officer may issue a notice of infraction to the landowner of record and/or the vehicle's last registered owner of record, which shall be filed with the Auburn municipal court and processed in accordance with appropriate rules and procedures. Alternatively, the code enforcement official or city of Auburn law enforcement officer may issue a civil violation to the landowner of record and the vehicle's last registered owner of record, in accordance with the procedures set forth below. C. Content. For violations of this chapter, the notice of civil violation shall contain the following information: 1. The name and address of the landowner of record upon whose property the vehicle is located; 2. The name and address of the vehicle's last registered owner of record provided license or vehicle identification numbers are available; 3. The vehicle description including: the license plate number and/or the vehicle identification number; the model year; the make; and the factors which render the vehicle a public nuisance; 4. The street address of a description sufficient for identification of the property where the vehicle is located; 5. The required corrective action and a date and time by which the correction must be completed; n~ fh~r~nf ~ nm,~l;~ nm,;~ ~,h;nh ta,;ll ~ ~f I~ 40 ~,~ ~,,+ ~r~ +N~ A~ ~ ............................... procedures and; ~hearing process and procedured for o~her enforcemen~ action shall 'M, be conducted in accordance with ACC Chapter 1,25~ or as othe~ise provided in applicable codes, rules and requlations~ Ordinance No. 5747 April 7, 2003 Page 9 ACC (Ord. 5677 3, 2002; Ord. 5200 2, 8.14.055 Inoperable vehicles as a nuisance. A. "Inoperable motorized vehicle", means any car, truck, van, recreational vehicle, motorcycle, snowmobile or other vehicle typically powered by an engine, excepting watercraft, that has been in a stationary position for more than 14 calendar days, is apparently inoperable or requires repairs in order to be operable, or is unable...tg. move a distance of 20 feet under its own power on a flat surface. "Inoperable motorized vehicle" may include vehicles that do not meet the definition of "junk Vehicle. B. An inoperable motorized vehicle will be considered a public nuisance unless contained entirely within an enclosed building. It is provided, however, that one inoperable motorized vehicle may be allowed on residential property, outside of an Ordinance No. 5747 April 7, 2003 Page 10 enclosed buildinq, if it is stored in the rear yard of the property and is screened from the neighboring properties and any street by a 100% sight-obscurinq fence. It is further provided that in the RR, Rural Residential, zone more than one inoperable vehicle may be allowed outside of a buildinq, so long as the property on which the inoperable motorized vehicles are located consists of at least one acre of property per inoperable motorized vehicle, provided that in no case shall there be more than five inoperable vehicles outside of buildings on any size of property. 8.14.060 Additional enforcement procedure. The provisions of this chapter are additional to other enforcement provisions authorized by state statute and city ordinance, including, but not limited to enforcement through Chapter 1.25 of the City Code, and are additional to any other remedy available to the city for damages it has suffered. (Ord. 5200 2, 1999.) 8.14.070 Constitutionality or invalidity. If any section, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of the sections, subsections, clauses or phrases. It is hereby expressly declared that each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 5200 2, 1999.) 8.14.080 Severability. If any provision of the codes referenced in this chapter is unenforceable, the remainder shall be valid. (Ord. 5200 2, 1999.) held invalid or SECTION THREE. CODE AMENDMENT. That Chapter 8.20 of the Auburn City Code, relating to Public Nuisances, is amended to read as follows: Chapter 8.20 VEGETATION Sections: 8.20.010 r-,**~,,,, ~ .... I,,~ · ....... ~ ,.,., ..... Vegetation as a nuisance. 8 20 020 r-, ,~,,,, ~: .......... 8.20.025 Uncontrolled weeds and vegetation on business property. 8.20.030 Violation - Penalty. 8.20.040 Removal - City action. 8.20.050 Removal - Cost - Payment. 8.20.010 r-,,**;,,,, ~ .... I,,~,~ · ........ Ve.qetat~on as a nuisance. Ordinance No. 5747 April 7, 2003 Page 11 Vegetation left uncut and/or in an unkempt stage may cause safety hazards, fire hazards, and/or pest harborages, and may interfere with annoy, injure or endanger tb..e comfort, repose, health ar safety of others, or unlawfully interferes with, abstructs or tends to obstruct, or render dangerous for passage, street or highway; or in any way render other persons insecure in life, or in the use and enioyment of property, thus aonstitutinq a publia nuisance. A. Trees, plants, bushes, shrubs, vines, other vegetation or parts thereof which overhanq any sidewalk, street, alley or other public way whiah are growing in such a manner as to cause a sight distance hazard or to obstruct or impair the full use of the sidewalk, street, alley or other public way are declare to be a public nuisance. B. Trees, plants, bushes, shrubs, grasses, vines, other vegetation or parts thereof that are growing and/or grown and died and are now causinq a fire hazard or menace to public health and safety, or are degrading or causinq a decline of the character of the neiqhborhood are also declared to be a public nuisance. C. Grasses (lawn) within the yards of occupied residential properties which are not maintained at a heiqht of 6 inches or less are also declared to be a public nuisance. Provided that property within the Rural Residential, RR, zone shall be exempt from the provisions of this paragraph. D. Grasses, ground cover, and/or vines on vacant lots that are within or adjacent to developed areas which are not used for agricultural purposes, and are not part of a wetland or other sensitive environmental system, which are not maintained at a heiqht of 12 inches or less are also declared to be a public nuisance. Provided that property within the Rural Residential, RR, zone shall be exempt from the provisions of this paraqraph. E. Failure to maintain the trees, shrubs, ground cover, or grass of any landscaped area (that was required by the City to be planted) in a healthy, living condition shall be a public nuisance. Failure to replace any tree or shrub that has died is a public nuisance. It is also a public nuisance if landscaped areas are overgrown with weeds or un-maintained grass. F. Any pruning of trees or shrubs (that were required by the City to be planted) shall be for the purpose of maintaininq the tree or shrub in a healthy growing condition and/or to enhance its natural growing form. Excessive pruning of trees or shrubs that adversely affects the healthy living condition of the plant or excessively damages the natural growing form of the plant shall be a public nuisance; unless such pruning is done to alleviate documented public health and safety concerns. Ordinance No. 5747 April 7, 2003 Page 12 8.20.025 Uncontrolled weeds and vegetation on business property. It is unlawful for any person to permit or allow weeds or vegetation to become uncontrolled on any business property within the city over which he or she has ownership, occupancy or control. "Uncontrolled weeds or vegetation" shall be defined as follows: A. Any undesired, uncultivated and unsightly plants growing in profusion so as to crowd out desired plant growth or disfigure a lawn; or B. Any vegetation growth, including but not limited to weeds, grasses, bushes, hedges and trees or tree branches, which obstructs the vision of people in vehicles or on sidewalks or rights-of-way so as to interfere with the safe, full and free use of any street, sidewalk or right-of-way within the city; or C. Any vegetation growth that creates a fire or other safety hazard. (Ord. 5654 1, 2002.) 8.20.030 Violation - Penalty. The code enforcement official, or his designee, pursuant to the provisions of Chapter 1.25 ACC, is authorized and empowered to notify the owner of any open or vacant private property within the city or the agent of such owner to properly cut and remove all grass, weeds and brush growing in violation of ACC 8.20.010 and 8.20.020 which is dangerous to public health, safety and welfare. (Ord. 4504 10, 1991; Ord. 4040 2, 1985.) 8.20.040 Removal - City action. Upon the failure, neglect or refusal of any owner or agent so notified to properly cut and dispose of grass, weeds and brush dangerous to the public health, safety or welfare within the time specified in the notice provided in ACC 8.20.030, the code enforcement official is authorized and empowered to pay for the disposing of such grass, weeds and brush and to order its disposal by the city. (Ord. 4504 11, 1991; Ord. 4040 3, 1985.) 8.20.050 Removal- Cost - Payment. When the city has effected the removal of said grass, weeds or brush, any penalty assessed pursuant to Chapter 1.25 ACC shall include the city's actual costs. (Ord. 4504 12, 1991; Ord. 4040 4, 1985.) SECTION FOUR. GENERAL SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, the remainder of such code, ordinance or regulation or the application thereof to other person or circumstances shall not be affected. Ordinance No. 5747 April 7, 2003 Page 13 SECTION FIVE. IMPLEMENTATION. implement such administrative procedures as directives of this legislation. The Mayor is hereby authorized to may be necessary to carry out the SECTION SIX. EFFECTIVE DATE. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. INTRODUCED: PASSED: APPROVED: APR - '7' 2003 APR - 7 2003 .APR - ? 2003 PETER B. LEWIS, MAYOR ATTEST: Da'~ielle E. Daskam, City Clerk ED AS TO ~~~M.~ a n~~e~l B.~to~'ne~ PUBLISHED: J'-~:"-/'/-~'~' ~ Ordinance No. 5747 April 7, 2003 Page 14