Ordinance 412
AN ORDINANCE OF THE CITY OF
ESTABLISHING THE DEFINITION
OF NUISANCES
AND THE VIOLATIONS,
ABATEMENTS AND
PENALTIES THEREOF.
Sections:
1. Defined
2. Definitions
3. Nuisances declared
4. Violations ?Abatement
5. Compression brakes prohibited
6. Violation ?Order to abate
1. Defined:
“Nuisance.?For the purposes
of this chapter, is defined to have the following meaning:
A. Any condition or use of
premises or of buildings which is determined to, or damages the property of
others or which causes or tends to cause substantial diminution in the values
of other property in the city or neighborhood in which such premises or
buildings are located, although the extent of the detriment, damages, or
diminution may be unequal; or
B. Doing an act or omitting to
perform a duty, which act or omission either annoys, injures, or endangers the
comfort, repose, health, or safety of others; offends decency; or interferes
with, square, street, alley, sidewalk or highway in the city; or in any way
renders other persons insecure in life or in the use of property.
2. Definitions:
A. “Abandoned vehicles?means
non-operating or abandoned vehicles or parts thereof which are discarded or
left in a state of partial construction or repair in any front, side, or rear
yard or vacant lot. The responsible party may have on his or her property at
any one time one non-operating or abandoned vehicle outside an enclosed
building for a period not to exceed fourteen days. For purposes of this
chapter, unlicensed vehicles or vehicles with expired licenses shall be
considered non-operation and in violation of this chapter.
B. “Ashes?consists of cinder
or residue from the combustion of coal, coke, wood or other combustible
material.
C. “Junk?includes old
appliances or parts thereof, iron or metal, glass, cardboard, lumber, wood
mattresses, furniture and other cloth or plastic material.
D. “Litter?includes paper,
waste and other discarded material.
E. “Obstruction of ways?means the closing of any street or alley unlawfully, or the partial obstruction
thereof; or the closing of any public sidewalk unlawfully, or the partial
obstruction thereof.
F. “Offensive odors?means
the accumulation of filthy, stagnant, or impure water, vegetables, decayed or
decaying substances, or other matter or material which may cause or tend to
cause or create a noisome or offensive smell or atmosphere.
G. “Owner? Any person shall
be deemed an “owner?of property who has a general or special interest in the whole
or any part thereof, or lawful possession thereof, either actual or
constructive.
H. “Premises?means land and
buildings contained on a tax parcel.
I. “Refuse?includes all
sweepings, cleaning trash, dirt, garbage, industrial or domestic waste,
discarded food, animal and vegetable matter, cans, bottles, tree or shrub
trimmings, grass clippings, or other yard wastes, wood stone, brick, plaster,
and material resulting from the demolition, alteration, and construction of
buildings or structures or any other waste substance which may become a
nuisance.
J. “Pits and excavations?means leaving open any ditch or excavation upon public property which is
dangerous to life and limb, unless there is a sign visible from sixty feet
marked “dangerous?and marked at night with an appropriate light.
K. “Putrescibles?means the
carcass of any animal, or any fish or fowl, or unsound meat, or any noisome or
offensive liquid.
L. “Refuse in public places?means the keeping, casting, or leaving of any cans, bottles, glass, tacks,
refuse, junk, or litter upon any street sidewalk, alley, public square, or
park.
M. “Unwholesome premises?means the slaughterhouses, markets, cellars, stores, wholesale or retail
establishments, or other buildings or structures or places which are not kept
clean and free from filthy, putrid, or offensive substances or substances or
deposits which may engender or cause disease.
N. Causing or allowing any
human or animal waste or noxious substance to be collected or to remain in any
place, street, highway, or alley in the city in a manner which is reasonably
offensive to the public.
3. Nuisances declared:
The following are deemed
nuisances and defined in #2 above:
4. Violations ?Abatement:
A. Investigation of
complaint, Upon receipt of information or upon personal observation that a
nuisance exists as defined in this chapter, the enforcement officer shall cause
an investigation of the matter and premises involved, All entries upon premises
for the purpose of this chapter shall be subject to subsection (I) of this
section.
B. Abatement Procedure. After
having made a finding that a nuisance exists, the enforcement officer shall
require the owner of the premises involved, as listed by the
1. That if the owner fails to
abate the nuisance within the specified period of time, the city shall cause
the work to be performed and shall assess all or any portion of the cost
thereof against the owner;
2. That the owner may be
liable for civil penalties for each day or part of day that the condition
continues to exist following the notice; and
3. That the owner
additionally may be liable to criminal prosecution, as provided in this
chapter.
C. Service of Notice of
Violation. The notice given by the enforcement officer to the owner shall be
deposited in the United States Mail by certified mail with a return receipt
requested or shall be personally served by delivering a copy thereof to the
owner or by leaving the same with the tenant in possession of the property or,
if there is no such tenant , by posting a copy of the notice in a conspicuous
place on the property involved, and by mailing a copy thereof to the owner at
his or her last known address as listed by the Lewis County Assessor’s office,
if any. Service by mail will be deemed complete at the end of the third (3rd)
full day following deposit in the U.S. Mail, postage prepaid.
D. Failure to Comply with
Notice of Violation. After the time for compliance and notice of violation has
expired, the code enforcement officer shall reinspect the premises and
determine if the violation has been abated as required in the notice of
violation. In the event of no action or insufficient action to abate the
violation, the code enforcement officer may take any and all means necessary to
enforce the applicable code, including but not limited to: issuance of a civil
infractions, issuance of a criminal citations, commencement of civil, criminal,
and equitable proceedings with the assistance of the city attorney to abate a
nuisance and have the nuisance abated by the city.?
E.
Liability for Costs of Abatement. The property owner shall be liable for all
costs and expenses associated with a nuisance abatement conducted by the city
of any building, structure or on the premises. In all cases where the city
abates any such nuisance, the enforcement officer shall keep an account of all
costs and expenses attending such abatement. The amount of the cost of such
abatement shall be assessed against the real property upon which such cost was
incurred unless such amount is previously paid. Upon certification to the Lewis
County treasure by the finance director of the city of Mossyrock, the treasurer
shall enter the amount of such assessment upon the tax rolls against the
property for the current year and the same shall become a part of the general
taxes for that year to be collected at the same time and with interest at such
rates and in such manner as provided for delinquent taxes, and when collected
to be deposited to the credit of the general fund of the municipality. The
assessment shall constitute a lien against the property which shall be of equal
rank with state, county and municipal taxes.
F.
Liability for Continuing Nuisance. Every successive owner or occupant of
property who neglects to abate a continuing nuisance upon or in the use of such
property caused by a former owner is liable thereof in the same manner as the
owner who created it.
G.
Cumulative Effect of Chapter. An ordinance of the City of
H.
Violations ?Civil Infractions ?Misdemeanor ?Gross Misdemeanor
1.
Any person, firm or corporation who knowingly violates or fails to comply with
any term or provision of this chapter shall be deemed to have committed the
following:
a.
First Offense. Constitutes a Class 1 Civil infraction with the maximum
assessment not to exceed the amount of two hundred fifty dollars ($250.00), not
including statutory assessments.
b.
Second Offense. Constitutes a misdemeanor and, if found guilty, shall be
subject to a fine not to exceed one thousand dollars ($1000.00), plus costs and
assessments, and/or imprisonment not to exceed ninety days or to both such fine
and imprisonment. A second offense shall mean a violation of this chapter which
is committed at the same location by the same individual within on calendar
year of the first offense.
c.
Third or Subsequent Offenses. Constitutes a gross misdemeanor and, if found
guilty, shall be subjected to a fine not to exceed five thousand dollars
($5000.00), plus costs and assessments, and/or imprisonment not to three
hundred and sixty-five days (365) or both such fine and imprisonment. A third
or subsequent offense shall mean a violation of this chapter which is committed
at the same location by the same individual within one calendar year of the
first offense.
5. Compression brakes prohibited.
A.
The use of compression brakes within the corporate limits of the city of
B.
The use of compression brakes within the corporate limits of the city of
C.
The city engineer is directed to erect appropriate signs indicating the
prohibition in this area of the use of compression brakes.
D.
In this section, the following definitions shall apply:
1.
“Brake?means any device used for allowing, halting, or stopping the movement
of any vehicle.
2.
“Compression brakes?means motor vehicle brakes which are activated or worked
by the compression of the engine of the motor vehicle.
3.
“Motor vehicles?means and includes automobiles, tractors, trucks, trailers,
and transportation equipment of all kinds and sizes or any combination or
combinations of the foregoing.
4.
Any person or persons who violate the provision of this section is guilty of a
misdemeanor.
6. Violation ?Order to abate.
A.
Any person, firm, or corporation violating the provisions of this chapter, in
addition to any penalty as otherwise provided, may, in the sound discretion of
the court in which conviction is obtained, be directed by the court to abate
and remove from any public street or highway or public or private right-of-way,
or public park, or any private property, any or all debris and waste deposited
thereon by anyone prior to the date of said conviction
B.
Each day a violation of this chapter continues constitutes a separate offense.
PASSED
by the Council of the City of
__________________________
?MAYOR
Attest:
_________________________
?CLERK