HomeMy WebLinkAboutOrdinance No. 0458CITY OF MEDINA
ORDINANCE NO. 458
AN ORDINANCE pertaining to nuisances.
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1: A new section in the Medina Municipal Code
pertaining to nuisances is hereby adopted to read as follows:
10-9.02. Definitions: The words and phrases used in
this chapter, unless ti— e�xt otherwise indicates, shall have
the following meanings:
A. "Abate" means to repair, replace, remove, 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 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, concrete block, roofing material, cans
of paint, construction debris, and similar materials.
C. 'Enforcement officer" means the Medina Director of
Public Safety or any alternate designated by him.
D. "Premises" means any building, lot parcel, real
estate or land or portion of land whether improved or unimproved,
including adjacent sidewalks, parking strips and right-of-way.
E. "Responsible person' means any agent, lessee or
other person occupying or having charge or control of any
premises, except the owner.
10-9.04. 7Tyy�ppe of Nuisancea: Each of the following
conditions, unless RUN se pi— erred by law, is declared to
constitute a public nuisance, and whenever the enforcement -
officer determines that any of thse 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 section:
A. The existence of any dead, diseased, infested or
dying tree that may constitute a danger to street trees, streets
or portions thereof, vehicles or pedestrians;
B. The existence of any tree, shrub or foliage, unless
by consent of the city, which is apt to destroy,Aimpair,
interefere or restrict: ar 4 0u"7%u+4;d/y AK
1. Streets, sidewalks, sewers, utilities or other
public improvements.
2. Visibility on, or free use of, or access to
automobiles which leave the traveled surface of any roadway or
their occupants.
S. The existence of every other thing, substance or act
that is determined by the Medina City Council to be injurious or
detrimental to the public health, safety or welfare of the city.
10-9.06. 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 public
nuisances.
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.
10-9.08. Disposal of Diseased Animal Carcass: Every
person owning or having n c arge any anima t at has died or
been killed on account of disease shall immediately bury the
carcass thereof at least three feet under ground or cause the
same to be consumed by fire. 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.
10-9.10. Enforcement - Notice: An enforcement officer
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. If the enforcement
officer is unable to deliver personal notice to the owner or
other responsible person, notice requirements shall be satisfied
by posting a copy of the order on the premises and mailing a copy
to the owner or responsible person at the address of the premises
or at any other address known to the enforcement officer. The
notice shall be in substantially the following form:
"NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION"
"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
unUersTgned pursuant to the Medina Municipal Code has determined
that there exists upon or adjoining said premises the following
condition contrary to the provisions of subsection of
Section 10-9.04.
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 10 days
the city may abate the condition at your expense.
Abatement is to be accomplished in the following
manner:
such improvements.
3. The sight visibility triangle at intersections
as now or hereafter described in the Medina
Municipal Code.
C. The existence of any vines or climbing plants
growing into or over any street tree, or any public hydrant, pole
or 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;
D. The existence of any accumulation of materials or
objects in a location when the same endangers property, safety or
constitutes a fire hazard;
E. The existence of any obstruction to a street, lane,
crossing or sidewalk, and any excavation in or under any street,
lane, 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 for an unreasonable length
of time;
F. 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, lane, 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 or 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 waste parts of fish
or animal matter in any quantity; but nothing
herein shall prevent the temporary retention of
common household waste in approved covered
receptacles.
2. Any privies, vaults, cesspools, sumps, pits or
like places.
3. Any poison oak or poison ivy, Canadian thistle,
night shade, water hemlock or other noxious weeds,
whether growing or otherwise; but nothing herein
shall prevent the temporary retention of such weeds
in approved covered receptacles.
4. Accumulation of 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
covered bins or galvanized iron receptacles.
5. Accumulation of trash, litter, rags, 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;
G. The depositing or burning or causing to be deposited
or burned in any street, lane, sidewalk, park, parkway or other
public place which is open to travel, of any hay, straw, paper,
wood, boards, boxes, leaves, yard clippings, branches, manure or
other rubbish or material;
B. 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;
I. The existence on any premises of any abandoned or
unuseable trailer, house trailer, automobile, boat or other
vehicle or major parts thereof;
J. The existence on any premises of any dilapidated or
unused well, cistern or storage tank without demolishing or
removing from the city such storage tank or securely closing and
barring any entrance or trapdoor thereof or without filling any
well or cistern or capping the same with sufficient security to
prevent access thereto by children;
K. Stagnant water that affords a breeding place for
mosquitoes and other insect pests;
L. Pollution of a body of water, well, spring, stream,
or drainage ditch by sewage, waste or other substances placed in
or near the water in a manner that will cause harmful material to
pollute the water;
M. Existence of premises that are in such a state or
condition as to cause offensive odor or that are in an unsanitary
condition;
N. The existence on any premises, in a place accessible
to children, of any unattended and/or discarded icebox,
refrigerator, other large appliances and attractive nuisances;
O. The existence of any dangerous building as now or
hereafter defined in the Uniform Building Code;
P. Excessive noise as defined in State law and
regulations;
Q. The existence of building materials, not
incorporated in a structure or stored in a fully enclosed area
for a period in excess of thirty (30) days from the last date
substantial construction activities occurred on the premises.
R. The existence of any rock, post or other object
within any right-of-way likely to increase the risk of damage to
Dated: (Name of Enforcement Officer)
By:
10-9.12. Abatement by
City: In all cases where the
enforcement officer as eterm ne 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.
10-9.14. Appppeal Procedures: An owner or responsible
person, protesting tit no nuisance exists, may file a written
statement that specifies the basis for the protest with the City
Clerk. Said statement shall be referred to the Medina City
Council as a part of its regular agenda at the next succeeding
meeting. At the time set for consideration of the abatement, the
person protesting may appear and be heard by the Council as may
the person complaining of a nuisance, the enforcement officer,
and all other interested parties. The Council shall determine
whether a nuisance in fact exists. Council determination shall
be required only in those cases where written objection to the
notice has been filed. If the Council determines that a nuisance
does exist, the owner or responsible person shall have five days
from the date of the Council meeting to abate the nuisance unless
the Council has granted a longer time for abatement for good and
sufficient cause. If the Council determines that an emergency
exists, it may order the nuisance abated within twenty four
hours.
10-9.16. Abatement b Owner or Otber Responsible
r Person: If and when an owneor of er response a person shall
unde-Eake 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 a violation of of this
chapter for the owner or other responsible person to fail to
comply with such conditions. Nothing in this chapter shall
relieve any owner or other responsible person of the obligation
of obtaining any required permit to do any work incidental to the
abatement.
10-9.18. Immediate Dan er - SuTm Abatement:
Whenever any condition on or use o property causes or
constitutes or reasonably 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 may be
collected as provied herein or in any other manner allowed by
law.
10-9.20. Lien: The City Clerk shall forward to the
owner and responsible person, by registered or certified mail, a
notice setting forth the total costs of abatement. If the
abatement costs are not paid within thirty days from the date of
the notice, the cost of abatement shall constitute a lien on the
property from which the nuisance was removed. Such lien may be
enforced in the same manner as a mortgage and shall bear interest
at the legal rate of interest from the date of notice of the
lien.
10-9.22. Violation and Penalty: Any person violating
or failing to comply witTi any provision of this chapter shall be
found to have committed an infraction and shall be punishable by
a penalty not to exceed Five Hundred Dollars ($500). Each such
person shall be found to have committed a separate infraction for
each and every day during any portion of which a violation of any
provision of this chapter is committed, continued or permitted,
and such person shall be punished accordingly. The abatement of
nuisance is not a penalty for violating this ordinance, but is an
additional remedy. The imposition of a penalty does not relieve
a person of the duty to abate the nuisance.
10-9.24. Severabilit : The sections and subsections of
this ordinance are severs e. The invalidity of one section or
subsection shall not affect the validity of the remaining
sections or subsections.
Section 2: Effective Date: This ordinance shall take
effect five ays a tee r—its ion.
PASSED
COUNCIL ONATHED BY AFF Z,$PIATIVDDAYOOOFF OF� d tITY OF THE , 1987
NT AND SIGNED IN A ICAT(•ION OF SUCH PASSAGE j HE
H. E.(Tea) King, mayor
Approved as to form:
Kirk R. Wines, City A—tt ney
Attest:
1..Margaret.R.-Pavis........ ... ., a:r.: �.Y ..�tr Ji !h, cay etor:
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Davis, City Davis,Dav s, ity`cn:
Pertaining to Nuisances.
:tying !ha hve a:rd ccrt,•J a{ry of seen ordin?n<a vdi4<S e: a. m:lished and
paled ae-ardins !o 111, 1c, o1 Iba State 1 V,s•.':ingr:v relating tV Ik:d-des
tdias beginning five days ar more bcfors if,, eff:divo dole.
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