Loading...
HomeMy WebLinkAbout3486RESOLUTION NO. 3 4 8 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO EXPEND FUNDS TO ABATE THE LITTER NUISANCE AT 3810 "D" PLACE SE, IN THE CITY OF AUBURN, AND AUTHORIZING A LIEN FOR LABOR AND MATERIALS. WHEREAS, Chapter 8.16 of the Auburn City Code enforcement mechanisms for the City to address unlawful littering and accumulation of debris; and provides for an activity involving WHEREAS, the code provision empower the City to take corrective action when efforts to have the property owner cure the litter problem have been unsuccessful; WHEREAS, City Code Enforcement staff have met with, communicated with and have given correction notices to the owner of the property at 3810 "D" Place SE, in the City of Auburn, which efforts have been inadequate to prompt the owners to correct the litter problem at that property; and WHEREAS, because of the health and safety problems, as well as the unsightly impacts of the accumulation of garbage, debris and litter at that location, and because of the failures of the property owners to take action to correct the problems, it is appropriate that City staff be authorized to remove the garbage, debris and litter from the premises and to impose a lien on the property for the costs of such corrective action. Resolution 3486 June 17, 2002 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section '1. FINDING OF NUISANCE. That the City Council finds that the accumulation of garbage, debris and litter at the property located at 3810 "D" Place SE, Auburn, Washington, constitutes a nuisance warranting corrective action necessary to preserve the public health, safety and welfare, and that the property owners have failed to take corrective action after due notice of the problems and concerns caused by the garbage, debris and litter at the property located at 3810 "D" Place SE, Auburn, Washington. A copy of recent notices, correspondence and photographs concerning the debris are collectively identified as Exhibit "A" attached hereto and incorporated herein by this reference. Section 2, AUTHORIZATION FOR ABATEMENT AND LIEN, That The Mayor of the City of Auburn is herewith authorized to utilize City resources to remove the garbage, debris and litter from the property located at 3810 "D" Place SE, Auburn, Washington, and to have a lien placed on said property to recover the City's cost of labor and materials. Section 3. EFFECTIVE DATE. This Resolution shall take effect and be in full force upon passage and signatures. Resolution 3486 June 17, 2002 Page 2 Dated and Signed this lq~"'~day of June, 2002. CITY OF AUBURN ~p ~TER B. ~EWlS MAYOR ATTEST: ba~"etle E. Daskam, City Clerk APPROVED AS TO FORM: Resolution 3486 June 17,2002 Page 3 EXHIBIT "A" Litter Nuisance 3 810 "D" Place SE Auburn, Washington 8.16.180 Removal from private premises - Owner's responsibility. Thc owner or person in control of any private property shall at all times maintain thc premises free of litter; provided, however, that this section shall not prohibit thc storage of litter in authorized private receptacles for collection. (1957 code § 7.12.190.) 8.16.190 Deposit on vacant property - Prohibited. No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. (1957 code § 7.12.200.) 8.16.200 Removal from private property - Notice. Thc enforcing authority is authorized and empowered to notify the owner of private property within thc city or thc agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. This provision shall not apply if the person responsible for thc condition is not the owner, and if the city knows the identity of the person responsible. The city shall issue notice to thc person responsible if the identity is known. Such notice shall be issued as provided in ACC 8.16.240. (Ord. 4276 § 5, 1988; 1957 code § 7.12.210(A).) 8.16.210 Removal from private property - City action. Upon the failure, neglect or refusal of any owner or agent, or the person responsible so notified to properly dispose of litter dangerous to the public health, safety or welfare within the time for compliance provided in the written notice provided in ACC 8.16.240, or within 24 hours after the date of such notice in the event the same is returned to the city post office department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such notified person, the enforcing authority is authorized and empowered to pay for the disposing of such litter or to order its disposal by the city. (Ord. 4276 § 5, 1988; 1957 code § 7.12.210(B).) · 8.16.220 Removal from private property by city - Costs liability. V~hen the city has effected the removal, the actual cost thereof, and 15 percent plus accrued interest at the rate of six percent per year from the date of the completion of the work, if not paid bY such owner prior thereto or the person responsible, shall be charged to such notified person and the charge shall be due and payable by the person at the time of receipt of such bill. (Ord. 4276 § 5, 1988; 1957 code § 7.12.210(C).) 8.16.230 Removal from private property by city - Lien for charge of nonpayment. Where the full amount due the city is not paid by such notified person within 30 days after the disposal of such litter, as provided in ACC 8.16.200 and 8.16.210, or if no bill is rendered because the person responsible or the property owner cannot be found, then, in that event, the enforcing authority in the name of the city, may file a lien therefor against the property, which lien shall be in the same form, filed with the same officer and within the same time and manner and enforced and foreclosed as is provided by law for liens for labor and material. (Ord. 4276 § 5, 1988; 1957 code § 7.12.210(D).) 8.16.240 Violation - Penalty. If after investigation the enforcing authority determines that ACC 8.16.030 has been violated, the enforcing authority shall enforce this chapter pursuant to the provisions of Chapter 1.25 ACC. (Ord. 4504 § 3, 1991; Ord. 4276 § 6, 1988.) 8.16.250 Evidence - Presumption of identification. Whenever litter deposited, thrown, or placed in violation of ACC 8.16.030 contains three or more items bearing the name of one individual, or whenever a motor vehicle or trailer used in the activity is identified by its license plate, it shall be presumed that the individual whose name appears on the items or to whom the vehicle or trailer is registered committed the unlawful act. The person shall have an opportunity to rebut the presumption and may show as full or partial mitigation of liability: A. That the violation giving rise to the action was caused by the wilful act, neglect, or abuse of another; or B. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary labor, inability to gain access to the subject property, or other conditions or circumstances beyond the control of the ©2002 Code Publishing, Inc. Page 1 defendant. (Ord. 4504 § 6, 1991; Ord. 4276 § 7, 1988.) 8.16.260 Removal from private property by owner. When the owner has effected the removal of litter from the owner's property as a result of another person's failure to comply with a notice issued pursuant to ACC 8.16.240, the penalty shall include the owner's actual cost of removal plus 15 percent. (Ord. 4504 § 7, 1991; Ord. 4276 § 7, 1988.) ©2002 Code Publishing, Inc. Page 2 Chapter 8.20 WEEDS Sections: 8.20.010 8.20.020 8.20.030 8.20.040 8.20.050 Cutting - Required. Cutting frequency. Violation - Penalty. Removal - City action. Removal - Cost - Payment. 8.20.010 Cutting - Required. Every person owning, occupying or controlling any premises fronting on any street, alley or public place in thc city limits shall cut or cause to be cut all grass, weeds and brush growing on such frontage, as often as the same may require cutting, to the end that such grass, weeds or brush shall not attain a height of over six inches. Every person who permits grass, weeds or brush to grow to a height exceeding six inches between the property line of such property and the street shall be in violation of this chapter. (Ord. 4504 § 9, 1991; Ord. 2981 § 2, 1976.) 8.20.020 Cutting frequency. Every person owning, occupying or controlling any lot or lots within the city limits shall cause all grass, weeds, brush and other noxious growths to be cut thereon as often as the same may require cutting to prevent the same from attaining the height of over six inches. (Ord. 4040 § 7, 1985.) 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.) ©1997 Code Publishing, Inc. Page 1 CITY OF AUBURN DEPARTMENT OF PUBLIC WORKS DIVISION OF BUILDING AND LAND USE CODES ENFORCEMENT NOTICE TO CORRECT VIOLATION Case No. VIO02-0157 Location of Violation: 3810 D P1 SE, Auburn, WA 98002 Parcel Number: 732680-0030 Issued to: Newell, Michelle L. Address of Person Notice is Issued to: 31420 7 P1 SW, Federal Way, WA 98023 Code, Ordinance, Standard, Regulation, Procedure or Permit Violated: Auburn City Code (ACC) Title 15, Chapter 15.08, Section 15.08.010, Uniform Building Code, Section, 2903.4. (ACC) Title 8, Chapter 8.12, Section 8.12.020 C, & Chapter 8.16, Section 8.16.180. DescriPtion of Violation: Failure to provide hot and cold running water. Litter and debris in parking lot and yard. Corrective Action Required: Restore hot and cold running water to all living units, or vacate premises. Remove all litter and debris from the property. Corrective Action must be Completed by: Friday, April 26, 2002 at 8:00 A.M. A Request for Reconsideration of this case may be submitted in writing to the Building and Admin. Services Manager, 25 W. Main, Auburn, WA 98001-4998, by or before Frida¥~ April 26~2002~ 8:00 A.M. If corrections are not completed as specified above, a NOTICE OF FAILURE TO CORRECT VIOLATION will be issued and a $50.00 per day fine will be applied for every day that the violation continues. The Codes Compliance Officer must be notified (253-804-5094) when corrections have been accomplished, so a verification inspection can be scheduled. Method and Date of Service: Mailed April 22, 2002 Served Posted April 22, 2002 Issuing Party: T. Michael Dunbar cc: Jeff Weir, Building and Admin. Services Manager REF. VIO02-0157 (Notice to Correct Violation) Title: Codes Compliance Officer Postage Certified Fee Return Receipt Fee (Endorsement Required) r'"l Restricted Delivery Fee r--I (Endorsement Required) I--1 Total Postage & Fees O2. UNIT ID: 0182 Postmark Here Clerk: Ltl I Recipient's Name Please Print Clearly) (To be completed by mailer) r--t [Street, Apt. NO.; or PO Bo.x No. ' · Complete items 1,2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Date of Delivery [] Agent [] Addressee item 17 []Yes address below: [] No 3. Service Type , ~Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Copy from service/abe/) 7o00 O5"¢.O COl% 0~$'7 7,lo3 PS Form 381 1, July 1999 DomeStic Return Receipt 102595-00-M-0952 CITY OF AUBURN AFFIDAVIT OF SERVICE STATE OF WASHINGTON) COUNTY. OF KING ) T. Michael Dunbar_, being first duly sworn on oath, deposes and says: 2. 3. 4. That I am a designee of the Code Enforcement Official for the City of Auburn; That I am a citizen of the United States of America and over the age of 21 years; That I am competent to be a witness; That I did serve Notice to Correct Violation to: Newell, Michelle L. at: 31420 7 P1 SW, Federal Way, WA 98023, at 4:00 PM. by means of: [ ] HAND DELIVERY [X] CERTIFIED MAIL [X] POSTED AT SITE on this 22nd day of April, 2002. SUBSCRIBED AND SWORN to before me this 22nd day of April, 2002. ~F. VIO02-0157 (Affidavit-l) NOTARY PUBLIC in an' d'f/o~.~.~ tl)e'State of Washington, residing at MY COMMISSION expi£es: 1997 UNIFORM BUILDING CODE Chapter 29 - PLUMBING SYSTEMS SECTION 2901 -- PLUMBING CODE. Plumbing system~ Shall comply with the Plumbing Code. SECTION 2902 -- GENERAL 2902.1 Number of Fixtures. 2902.1.1 Requirements. Plumbing fixtures shall be provided in the minimum number shown in Table 29-A and in this Chapter. Where the proPOsed occupancy is not listed in Table 29-A, the building official shall determine fixture requirements based on the occupancy which most nearly resembles the intended occupancy. 2902.1.2 Private offices. Fixtures only accessible to private offices shall not be counted to determine compliance with this section. 2902.1.3 Occupancy load distribution. The occupant load shall be divided equally between the sexes, unless data approved by the building official indicates a different distribution of the sexes. 2902.1.4 Food preparation areas. In food preparation, serving and related storage areas, additional fixture requirements may be dictated by health codes. 2902.1.5 Other requirements. For other requirements for plumbing facilities, see Sections 302.6, 807, 313.$.5 and Chap[er ] 1. 2902.2 Ace. s to Fixtures. 2902;2.1 Location. Plumbing fixtures shall be located in each building or conveniently in a building adjacent thereto on the same property. 2902.2.2 Multiple temmts. Access to toilets serving multiple tenants shall be through a c~omm..on Use area and n..~ot through an area controlled by a tenant. 2902.2.3 Multi-story buildings. Required fixtures shall not be located more than one vertical story above or below the area served. 2902.3 Separate Facilities. 2902.3.1 Requirements. Separate toilet facilities shah be provided for each sex. EXCEPTIONS: 1. In occupancies serving 10 or fewer persona, one rootlet facility designed for use 'by no more than one person at a time shah be permitted for usc by both 2. In Group B and M Occupancies with a total floor area of 1500 square feet (139.5 mz) or less, one toilet facility deaigned for usc by no mote than one penon at a time shah be permitted for use by both sexes. (insert F~cing P'~ 1,283) 2902.3.2 Food service establishments. When customers and employees share the same facilities, customers accessing the facilities are excluded from food preparation and storage areas. 2902.4 Pay Facilities. Required facilities shall be free of charge. Where pay facilities are installed, they shall be in addition to the minimum required facilities. 2902.5 is not adopted. 2902.6 is not adopted. SECTION;2903 - SPECIAL PROVISIONS 2903.1 Dwelling Units. DWelling units shah be pro~,ided with a kitchen sink. 2903.2 Water Closet Space Requirements. The water closet stool in all occupancies shah be located in a clear space not less than 30 inches (762 mm) in width, with a clear space in front of the stool of not less than 24 inches (610 mm). * 2903.3 Water. Each required sink, lavatory, bathtub and shower stall shall be equipped with hot and cold running water necessary for its normal operation. 2903.4 Drinking Fountains. 2903.4.1 Number. Occupant loads over 30 shah have one drinking fountain ~or the first 150 occupants, then one ~er each additional 500 occupants. EXCEPTIONS: 1. Sporting facilities with concessions serving ~rinks shah have one drinking fountain for each 1000 occupants. 2. A drinking fountain need not be provided in a drinking or dining establishment. 2904.2 Multi-story buildings. Drinking fountains shall be provided on each floor having more than 30 occupants in schools, dormitories, auditoriums, theaters, offices and public buildings. 2903.4.3 Penal Institutions. Penal institutions shah have one drinking fountain on each cell block floor and one on each exercise floor. 2903.4.4 Location. Drinking fountain.~ shall not be located in toilet rooms. SECTION 2904 is not adopted. Effective 7/01/98 SHINGTO'N STATE AMENDMENTS -- _ TABLE 29-A -- MINIMUM PLUMBING FIXTURES (Continued) WATER CLOSETS LAVATORIESs TYPE OF BUILDING OR (fixtures per person) (fixtures per person) BATHTUB OR sHOWER OCCUPANCY MALE3 FEMALE MALE FEMALE (fixtures per person) For Group R Occupancies, dwelling units and hotel guest roorm, use the table below. For congregate residences, usc 200 square feet · I (18.58 ma) per occUpant for Group R, Division 1 Occupancies and 300 square feel (27.87 ma) per occupant for Group R, Division 3 Occupancies for the minimum number of plumbin~ fixtures. Group R Dwelling units one per dwelling unit one per dwelling unit one per dwelling unit Hotel guest rooms one per guest room one per guest room one per guest room Congregate residences one per 10 one per 8 one per 12 one per 12 one per eight Over 10, add one fixture for over 12, add one fixture for For females, add one. each additional 25 males and each additional 20 males and additional unit per each over 8, add One for each one for each additional 15 additional 30. Over 1.50 additional 20 females, females, peraons, add one additional unit per each additional 20 persona. For the occupancies listed below, use 5,000 square feet (464.5 ma) per occupa~nt for the minimum number ofplumbinll fixtures. Group S 1:1-10 1:1-10 One per 40 occupants of each one shower for each 15 Warehouses 2:11-25 2:11-25 sex. persons exposed to excessive 3:26-50 3:26-50 heat or to skin contamination 4:51-75 4:51-75 with poisonous, infectious or 5:76-100 5:76-100 irritating materials. Over 100, add one for each 30 IT~e figures shown are based on one fxxture being the minimum required for the number of persons indicated or any fraction thereof. 2For occupancies not shown, see Section 2902.1.1. 3Where urinals are provided, one water closet less than the number specified may be provided for each urinal installed, except the number of water closets in such eases shall not be reduced to less than one quarter (25 %) of the minimum specified.. 'For men's facilities serving 26 or more persons, n?t less. than one urinal shaH. be provided, v ~f°untains, See Section 2903.4. 5TWenty-four inches (610 mm) of wash Sink or 18 inches (457 mm) of a circular basin, when provided with water outlets for such sfmee, shall be considered equivalent to one lavatory. 6For when a facility may be usable by either sex, see Section 2902.3.1. 7See W~C 246-318-690 for de£mitions, other fixtures and equipment for hospitals. (Insert as PaO~ 1-238c) Effective 7101198 8.16.180 Removal from premises - Owner's responsibility. The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit thc storage of litter in authorized private receptacles for collection. (195 7 code § 7.12.190.) ©2002 Code Publishing, Inc. Page 1 CITY OF AUBURN DEPARTMENT OF PUBLIC WORKS DIVISION OF BUILDING AND LAND USE CODES ENFORCEMENT NOTICE OF FAILURE TO CORRECT VIOLATION Case No. VIO02-0157 The City of Auburn Codes Compliance Officer notified you on April 22,2002, that the below-described location was maintained or used in violation of codes, ordinances, standards, regulations, procedures or permits of the City of Auburn. You were requested to correct all violations by April 26, 2002. A reinspection or review on May 21, 2002, revealed that you have failed to comply with this request. Location of Violation: 3810 38 Pl. SE, Auburn, WA 98002 Issued to: Newell, Michelle L. Address of Person Notice is Issued to: 31420 7 Pl. SW, Federal Way, WA 98023 Code, Ordinance, Standard, Regulation, Procedure or Permit Violated: Auburn City Code (ACC) Title 15, Chapter 15.08 ~ Section 15.08.010, U~n~form Building Code (UBC) Section 2903.4, Title 8, Chapter 8.12, Section 8.12.020 C, & Chapter 8.16, Section 8.16.180. Description of Violation: Failure to provide hot and cold running water. Litter and debris in parking lot and yard. Corrective Action Required: Restore hot and cold running Water to all living units, or vacate premises. Remove alrlitter and debris fi-om parking lot and yard. Corrective Action Must be Completed by: Friday, May 24, 2002 The person to whom this Notice is issued is being assessed $50.00 per day, or portion of a day, during which the violation continues after 8:00 AM, May 24, 2002. The imposed monetary penalties are payable by cash, money order or cashier's check, to the City of Auburn Finance Department at Auburn City Hall, 25 West Main, Auburn, WA 98001- 4998. If corrections are not completed as specified above, the monetary penalties shall continue to accrue and a hearing will be scheduled before the City of Auburn Hearing Examiner. The person to whom this notice is issued is responsible for notifying the Codes Compliance Officer (253-804-5094) when the corrections have been accomplished, in order for a verification inspection to be conducted. Method and Date of Service: Mailed May 23, 2002 Served: Posted May 23, 2002 Issuing Party: T. Michael Dunbar Title: Codes Compliance Officer Signature: //.. Cc: JeffWeir, Building and Admin. Services Manager REF. VIO02-0157 (Notice of Failure to Correct Violation) Postage Certified Fee Return Receipt Fee (Endorsement Required) I"--I Restricted Delivery Fee I"1 (Endorsement Required) r--i Total Postage & Fees kc) l Recipient's Name , Please Print Clearly) (To be completed by mallei') ~ fStreet,'~'.'~',~'~-r'~'~;~~'o'. ........................................ ~ a~iT:~i~7~i~;'~ ............................ : ......................... ..................... CITY OF AUBURN AFFIDAVIT OF SERVICE STATE OF WASHINGTON) )SS. COUNTY OF KING ) T. Michael Dunbar, being first duly sworn on oath, deposes and says: 2. 3. 4. That I am a designee of the Code Enforcement Official for the City of Auburn; That I am a citizen of the United States of America and over the age of 21 years; That I am competent to be a witness; That I did serve Notice of Failure to Correct Violation to: Newell, Michelle L. at: 31420 7 Pl. SW, Federal Way, WA 98023, at 4:00 PM. by means of: [ ] HAND DELIVERY [X] CERTIFIED MAIL [X] POSTED AT SITE on this 23nd day of May, 2002. (Signature) SUBSCRIBED AND SWORN to before me this ,.~ff"" day of t ~o ~ ~ ~ NOT~YP~LICin~dforJhe~ta[eof ~ ~ ~C / 3 Washin~on, residingat ~.~". ~t ~ gk .~' MY COMMISSION expir&: REF. VIO02-0157 (Affidavit-2) Mike Dunbar From: Sent: To: Subject: Mike Dunbar Monday, April 22, 2002 7:19 AM Andrew Suver RE: 3810 'D' Place SE Andy, The owners of rental properties are required to maintain the buildings to (UBC) uniform building code standards and are required to provide water, heat and electricity. I will check on the utilities, but the City has a policy against turning off the water to apartments even when the bills are not paid. I have dealt with this particular property several times myself due to problems with garbage, etc. I'll check it for violations again today. Mike ..... Original Message ..... From: Andrew Suver Sent: Sunday, Apri! 21, 2002 8:28 PM To: Mike Dunbar Subject: 3810 'D' Place SE Mike, I'm sure you're aware of the drug wasteland that is 3810 D Place SE. If not, I personally have made dozens of felony arrests for drugs and auto theft. The biggest problem is #3, the second biggest is the other upper unit (maybe # 4?). This place has been a thorn in our side for some time, and I understand the property may be under foreclosure. I had contact with a frustrated neighbor the other day, who indicated that there was no running water in the building. I don't know if A)that is even a violation of anything or B)if anything can be done... Just wanted to pass it along. Thanks, Andy Mike Dunbar From: Mike Dunbar Sent: Monday, April 22, 2002 7:26 AM To: Andrew Suver Subject: 3810 D PI SE Andy I checked and found that the water has indeed been shut off at 3810 D PI SE, with the Mayor's approval. They are several thousand dollars behind in their water bill. I'll send a building inspector down to tag the property for the (UBC) violations and we,Il go from there. Mike Chapter 8.12 PUBLIC NUISANCES Sections: 8.12.010 8.12.020 8.12.030 8.12.040 8.12.050 8.12.060 8.12.070 8.12.080 8.12.090 Nuisance defined. Nuisances affecting health. Nuisances affecting peace and safety. Depositing unwholesome substances - Maintaining noisome business. Maintaining offensive outhouses. Expectoration in public places. Maintaining or permitting nuisance. Abatement by city- Costs liability. Abatement order. 8.12.010 Nuisance defined. A nuisance is a thing, act, occupation or use of property which: A. Annoys, injures or endangers the safety, health, comfort or repose of the public; B. Offends public decency; C. Unlawfully interferes with, obstructs or renders dangerous for passage a public park, square, street, alley or highway; D. In any way renders the public insecure in life or in use of property. (Ord. 2967 § 1, 1976; 1957 code § 7.04.270.) 8.12.020 Nuisances affecting health. The following are nuisances affecting health: A. All diseased animals running at large; B. All ponds or pools of stagnant water; C. Accumulations of manure or rubbish; D. Offensive trades and businesses as defined by statute not licensed by the city as provided by law; E. All public exposure of persons having a contagious disease; F. The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person; G. All other acts, omissions of acts, occupations and uses of property which are deemed by the health officer to be a menace to the health of the inhabitants of the city, or any considerable number thereof; H. All places used or maintained as a junkyard, or dumping grounds, or for the wrecking or disassembling of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks or other machinery of any kind, or of any of the parts thereof, except where said uses are permitted by the laws and ordinances of the city. (Ord. 2904 § 1, 1976; 1957 code § 7.04.280.) 8.12.030 Nuisances affecting peace and safety. The following are nuisances affecting public peace and safety: A. All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached; B. All limbs of trees which arc less than eight feet above thc surface of any public sidewalk, or nine fcct above thc surface of any street; C. All wires' which are strung less than 15 feet above thc surface of any street, roadway or alley, or eight feet above a si&walk, except electric power wires, which must bc not less than 10 fcct above any sidewalk; D. All annoying noises and annoying vibrations which destroy thc peace and quiet of the residents of thc city, except those noises and vibrations which are permitted under the ordinances of thc city; E. Any usc of property abutting on a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and thc flee usc of thc streets or sidewalks; F. All flashing signs and lights, and oscillating signs and lights, which annoy or disturb thc peaceful occupation and usc of private property within the city limits; ©2002 Code Publishing, Inc. Page I G. The allowing of runofl~llnwater, ice or snow to fall from any buil~ or structure upon any street or sidewalk or to flow across any sidewalk; H. All barbed wire fences which are located within three feet of any public sidewalk, and any fence charged with electricity in any amount whatsoever with exception of electric fences permitted to be located in RR (rural residential) zones where such electric fences will be an allowed use in a RR (rural residential) zone only if the electrical charge is noncontinuous and the electric fence controller shall either have been approved by the Underwhter Laboratories (U.L.) or meet the testing standards of the Underwriter Laboratories. Electric fences permitted in RR (rural residential) zones which abut a public street 'or right-of-way, shall include signs, a minimum of 30 square inches in size, which shall be posted every 50 feet on the fence and stating that the fence is charged with electricity; I. All dangerous, unguarded machinery, in any public place, or so situated or operated on private property as to attract the public; J. The distributing of any handbills unless the distributor thereof has first applied for and secured a permit for the distribution thereof from the city clerk and has submitted to the city clerk a copy of the handbill and a written statement signed by the distributor thereof, showing the name and address of the distributor and a statement showing the responsibility of the distributor for the careful and proper distribution of the handbills in the area in which the handbills are requested to be distributed; K. The keeping or harboring of any dog or other animal which by frequent or habitual howling, yelping, barking or the making of other noises, or the keeping or harboring of any fowl which by frequent habitual crowing or the making of other noises, annoys or disturbs a neighborhood or any considerable number of persons; provided that a violation of this subsection shall not be established except upon the testimony of not less than three witnesses as to the facts constituting the nuisance; L. Allowing hunting hounds and dogs of the hunting breeds, such as setters, pointers and beagles, to run at large, not under leash, and not attended by the owner of such animal within the city limits; M. Riding or leading horses upon the sidewalks or parking strips anywhere in the city; N. Any unguarded or abandoned excavation, pit or well or hole dangerous to life; O. The repairing of automobiles or vehicles of any kind upon the public streets or in the alleys of the city; P. The dumping or placing of grass clippings, yard trimmings, shrub trimmings, and plants, and shrubbery of any kind, upon the streets and alleys or any ditches in the city; Q. All other conditions or things which are liable to cause injury to the person or property of anyone. (Ord. 4305 § 1, 1988; 1957 code § 7.04.290.) 8.12.040 Depositing unwholesome substances - Maintaining noisome business. It is unlawful for any person to deposit, leave or keep, on or near a highway or route of public travel, on land or water, any unwholesome substance; or to establish, maintain or carry on, upon or near a highway or route of public travel, on land or water, any business, trade or manufacture which is noisome or dcthmental to the public health; or to deposit or cast into the lakes or rivers of the city thc offal from or the dead body of any animal. (1957 code § 7.04.300.) 8.12.050 Maintaining offensive outhouses. Whoever, within the limits of the city, keeps or maintains any water closet, privy, vault or other outhouse in such a manner that the same becomes foul and nauseous, or offensive to any neighborhood, family or person, is guilty of maintaining a nuisance. (1957 code § 7.04.310.) 8.12.060 Expectoration in public places. It is unlawful for any person to expectorate on the floor of any public conveyance, public building or in any hall or entrance or any place where entertainments or lodge meetings are held, or on any sidewalk in the city. (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.) ©2002 Code Publishing, Inc. Page 2 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.) ©2002 Code Publishing, Inc. Page 3 Received By ]~- ~,h ~ ~)Af/-- Area Code: Date Received ~ ~ ~ Account Number: Time Received ~.~ ~ ~ P~ Lid No: Citizen / CalleFs Name: ~ ~JZ Company / Complex Name: ~ .~ ~' ,PO~ Address: Home Phone: ( ) Business Phone: ( ) Work Phone: ~) ~,~ [ ~ ~ ~ Manager's ( ) Phone: Cell Phone: ( ) Pager Phone: ( ) Subject LoCation of sUbject: I :~/0 ~ ~-~ Statement Of Re~ue~ Or Com~l~nt: Dopaament / Division: I ~ Time Referred: ~me: Su~e~sor Call Back To Citizen: Date: Supe~sor Response To Citizen: Repo~ Of Acgon Taken: ...... Re~erred Back To: Repo~ Rendered By: ]Date Responded: Date Re/erred: ;Time Responded: ~ ~ ~ RESPONSE TI~E: DAYS: HOURS: MINUTES: Forms/Admin/Citizea Request For Services.doc 1103 1104.2 1997 UNIFORM HOUSING CODE 1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public, it may be vacated, secured and maintained against entry. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated. SECTION 1104 -- NOTICE TO VACATE 1104.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 1101.3, be posted at or upon each exit of the building, and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official ........ of ....... 1104.2 Compliance. Whenever such notice is posted, the build- ing official shall include a notification thereof in the notice and or- der issued under Section 1101.2, reciting the emergency and specifying the conditions that necessitate the posting. No person shall remain in or enter any building that has been so posted, ex- cept that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or re- moval have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. Any person vio- lating this subsection shall be guilty of a misdemeanor. 22