HomeMy WebLinkAbout2009 Public Nuisances AN ORDI~NcE DEFINING AND PROVIDING FOR PUBLIC NUISANCES,
FOR THE ENFORCEMENT TO PREVENT AND ABATE PUBLIC NUISANCES,
AND REPEALING PREVIOUS ORDINANCES.
THE CITY ~QUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR
SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS:
Section 1. DEFINITI.~. The words and phrases used in this
chapter, unless the context otherwise indicates, shall have the
following meanings:
A. '~Abate" means to repair, replace, remove, destroy or
o~herwise, remedy the condition in question by such means and in
such a manner and to such an extent as the enforcement officer,
in his judgment, determines is necessary in the interest of the
general health, safety and welfare of the community.
B. "Building materials~' means and includes lumber, plumbing
materials, wallboard, sheet metal, plaster, brick, cement, asphalt,
concrete block, roofing material, cans of paint and similar
materials.
C. "Enforcement officer" means the po!ice chief - or any
alternate designated by him, or designated by the Mayor of the City.
D. "Premises" means any building, lot parcel, real estate
or land or portion of land whether improved or unimproved,
including adjacent sidewalks and parking strips.
E. "ResponSible person" means any agent, lessee or other
person occupying or having charge or control of any premises,
except the owner.
Section 2. TYPES OF NUISANCES. Each Off, the following conditions,
unless otherwise permitted by law, is declared to constitute
a public nuisance, and whenever the enforcement officer determines
that any of these conditions exist upon any premises or in any
lake, river, stream, drainage way or wetlands, the officer may
require or provide for the abatement thereof pursuant to this
chapter:
A. The existence of any weeds, trash, dirt, filth, the
carcass of any animal, waste shrubs, accumulation of lawn or yard
triggerings or other offensive matter;
B. The existence of any dead, diseased, infested or dying tree
that may constitute a danger to stree trees, streets or portions
thereof;
C. The existence of any tree, shrub or foilage, unless by
consent of the City, which is apt to destroy, impair, interfere
or restrict:
1. Streets, sidewalks, sewers, utilities or other
public improvements,
2. Visibility on, or free use of, or access to such
improvements;
D. 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;
E. The existence of any accumulation of materials or objects
in a location when the same endangers property, safety or con-
stitutes a fire hazard;
F. 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;
H. The burning or disposal of refuse, sawdust or any other
material without a permit;
I. The existence of any obstruction to a street, alley,
crossing or sidewalk, and any excavation in or under any street,
alley, crossing or sidewalk, which is by ordinance prohibited, or
which is made without lawful permission, or which, having been made
by lawful permission, is kept and maintained after the purpose
thereof has been accomplished, and for an unreasonable length of
time;
J. 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 following disorderly, disturbing,
unsanitary, fly-producing, rat-harboring, disease-causing places,
conditions or things:
1. Any putrid, unhealthy or unwholesome bones, meat,
hides, skins, the whole or any part of any dead animal, fish or
fowl, or wasH. parts of fish, vegetable or animal matter in any
quantity; but nothing herein shall prevent the temporary reten-
tion of waste in approved covered receptacles,
2. Any privies, vaults, cesspools, sumps, pits or like
places which are not securely protected from flies and rats, or
which are foul or malodorus,
3. 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,
4. Any animal manure in any quantity which is not securely
protected from flies or weather conditions, or which is kept or
handled in violation of any ordinance of the city,
5. Any poison oak or posion ivy, Russian thistle or other
noxious weeds, whether growing or otherwise; but nothing herein
shall prevent the temporary retention of such weeds in approved
covered receptacles,
6. 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 bin~ or
galvanized iron receptacles,
CC~:~'~'~ ~:' ? ."~:' -3-
7. Any trash, litter, rags, accumulations of empty
barrels, boxes, crates, packing cases, mattresses, bedding,
excelsior, packing hay, straw or other packing material~ lumber
not neatly piled, scrap iron, tin or other metal not neatly piled
or anything whatsoever in which flies or rats may breed or multiply
or which may be a fire hazard;
K. The depositing or burning or causing to be deposited or
burned in any street, all. e~ 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;
L. The storage or keeping on any premises for more than thirty
days of any used or unused building materials as defined in Section
9.10.010B, whose retail cost new would exceed one hundred dollars,
; provided,
that nothing herein shall:
1. Prohibit such storage without a permit when done in
conjunction with a construction project for which a building permit
has been issued and which is being prosecuted diligently to completion,
2. Prohibit such storage without a permit upon the
premises of a bona fide lumber yard, dealer in building materials
or other commercial enterprise when the same is permitted under
the zoning ordinance and other applicable laws,
3. Make lawful any such storage or keeping when it is
prohibited by other ordinances or laws;
M. 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;
N. The existence or maintenance on any premises of a storage
area, junk yard or dumping ground for the wrecking or disassembling
of automobiles, trucks, trailers, house trailers, boats, tractors
or other vehicle or machinery of any kind, or for the storing or
leaving of worn out, wrecked, inoperative or abandoned automobiles,
'~- ~,~i ' '~' '~ -4-
trucks, trailers, housetrailers, boats, tractors or other vehicle
or machinery of any kind or of any major parts thereof;except as
allowed by the other ordinances of the City;
O. The existence on any premises of any abandoned or unused
well, cistern or storage tank without first demolishing or
removing from the city such storage tank or securely closing and
barring any entrance or trapdoor thereto or without filling any
well or cistern or capping the same with sufficient security to
prevent access thereto by children;
P. The existence on any premises, in a place accessible to
children, of any unattended and/or discarded icebox, refrigerator
or other large appliance;
Q. The existence of any drainage onto or over any sidewalk or
public pedestrian way.
R. All trees, hedges, billboards, fences or other obstruc-
tions 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;
S. 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
shall annoy or disturb a neighborhood or any considerable number
of persons;
T. Riding or leading horses upon the sidewalks or parking
strips anywhere within the city limits;
U. All acts or~ ommissions defined as a public nuisances
pursuant to chapter 9.10~, of the Port Townsend City Municipal Code.
V. Throwing, placing, attaching, hanging, posting or
depositing upon any motor vehicle, telephone pole, power pole,
street light pole or similar utility pole or structure, any
handbill, poster, printed or written matter, any sample,
advertising matter, circular, leaflet, pamphlet, paper, booklet
or any other printed or otherwise reproduced original or copy of
any matter of literature, except that this provision shall not
be construed to:
(1) prohibit the indentification of a firm or its
products on a vehicle, and
(2) prohibit signs upon utility poles for utility
identification or similar purposes.
-5au
Section 3. PROHIBITED CONDUCT.
A. It is unlawful for any responsible person or owner to
permit, maintain, suffer, carry on or allow, upon any premises
or in any lake, river, stream, drainage way or wetlands, any of
the acts or things declared by this chapter to be a public nuisance.
B. It is unlawful for any person to create, maintain, carry
on or do any of the acts or things declared, by this chapter to be
a public nuisance.
Section 4. The provisions of this ordinance are in addition to
and do not limit the provisions of Chapter 9.10 of the Port Townsend
City Municipal Code.
Section 5. E~FORCEMENT~OTICE. The enforcement officer appointed
by the mayor, 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 ten days after notice or other reasonable period. The
notice shall be substantially in the following form:
"NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION"
(Name and address of person notified)
"As owner, agent, lessee or other person occupying or having
charge or control of the building, lot or premises at ....
you are hereby notified that the undersigned pursuant to
Chapter . ~. of the Port Townsend City Municipal Code
has determined that there exists upon or adjoining said
premises the following condition contrary to the provisions
of subsection ...... of Section :
"You are hereby notified to abate said condition to the
satisfaction of the undersigned within 10 days of the date
of this notice. If you do not abate such condition within
...... days the city will abate the condition at
your expense.
"Abatement is to be accomplished in the following manner:
Dated: . . . . . . . . . . . . . . (Name of enforcemen~-r~fficer)
By "
Section 6. ABATEMENT BY THE CITY. In all cases where the enforce-
ment officer has determined to proceed with abatement, ten days
after giving 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 the expenses thereof shall constitute a civil debt owing
to the city jointly and severally by such of the persons who
have been given notice as herein provided. The debt shall be
collectable in the same manner as any other civil debt owing to
the city.
Section 7. ABA~EMENT~B~..OWNER OR OT~ER RESPONSIBLE PERSON.
If and when an owner or other responsible person shall undertake
to abate any condition described in this chapter, whether by
order of the enforcement officer or otherwise, all needful
and legal conditions pertinent to the abatement may be imposed
by the enforcement officer. It is unlawful for the owner or
other responsible person to fail. to comply with such conditions.
Nothing in this chapter shall relieve any owner or other respon-
sible person of the obligation of obtaining any required permit
to do any work incidental, to the abatement.
Section 8. IMMEDIATE DANGER-SUMMARY ABATEMENT. Whenever any
condition on or use of property causes or constitutes or reason-
ably appears to cause or constitute an imminent or immediate 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.
Section 9.. VIOLATION A MISDEMEANOR. Any person violating this
chapter is guilty of a misdemeanor.
Section 10. In addition to all the remedies and means of
enforcement herein provided, the City may commence a civil action
in the Superior Court of Jefferson County to abate and enjoin any
public nuisance as defined by this Ordinance, and, any court
before whom there may be pending any civil or criminal proceedings
for the violation of any other provisions of this chapter, in
addition to any fine or other punishment which it may impose for
such violation, may order such nuisance abated at the expense of
the responsible person, and may award the City all costs of such
action.
Section 11. REPEALJREPEALER. The following ordinances or parts
thereof are here and hereby repealed:
A. Ordinance 579, Sections 1, 2, 3~ 5, 6, 7, 8.
Section 12. SEVERABILITY. If this ordinance or any part thereof
is declared by any court of competent jurisdiction to be invalid
or unenforceable, the remaining provisions unaffected thereby shall
continue in full force and effect.
Section 13. This Ordinance shall become effective upon its approval,
passage and publication in the form and manner provided by law.
Read for the first, second and third times, approved and
passed by the City ~ouncil and signed by the mayor of the
City of Port Townsend, on this
Dave Grove, City Clerk
Appro¥td as to form/
K~it5 C-.-~J~rPe~ C~i~ Attorney
~'~ day of ~~ , 1985.
B~ENT SHIRLEY ~
-8-