Chapter 10.22
PUBLIC NUISANCES

Sections:

10.22.010 Purpose and findings.

10.22.020 Public nuisance.

10.22.030 Definitions.

10.22.040 Public nuisances defined.

10.22.050 Exceptions.

10.22.060 Enforcement – Notice to eliminate public nuisance.

10.22.065 Right-of-way violations – Enforcement.

10.22.067 Repeated nuisance violations – Enforcement.

10.22.070 Abatement by city – Order for reimbursement.

10.22.075 Entry upon property.

10.22.080 Chapter not exclusive.

10.22.010 Purpose and findings.

The city council of the city finds that unkept, unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the city, in addition to the obvious hazards which these conditions pose to the public health, safety and welfare, adversely affect the value, utility and habitability of property within the city as a whole and specifically cause substantial damage to adjoining and nearby property. Property which is merely unkept is believed to reduce the value of adjoining property by a significant amount, and there are sufficient properties which are unkept, unsightly and dangerous, that the habitability and economic well-being of the city are materially and adversely affected. This chapter conveys to the city administration, in accordance with the procedures set out below, all necessary and proper powers to abate nuisances as they are described or found to exist and to charge the costs of their abatement to those responsible, the owners and occupants of the property upon which nuisances exist, and those properties themselves. This chapter is an exercise of the city’s police power, and it shall be liberally construed to effect this purpose. (Ord. 2447 § 1, 1991).

10.22.020 Public nuisance.

It shall be a misdemeanor, punishable by up to 90 days in jail or a fine of up to $1,000 or by both such jail time and fine, for any occupant of real property or any person having any interest therein to permit, suffer, maintain, carry on or allow upon such property, or any portion thereof, a public nuisance. As an alternative to any other penalty or remedy available, it shall also be a civil infraction as defined in Chapter 1.30 LMC for any occupant of real property or any person having any interest therein to permit, suffer, maintain, carry on or allow upon such property or any portion thereof, a public nuisance. Each 24-hour period during which such nuisance is not eliminated in accordance with LMC 10.22.060 shall constitute a separate offense. (Ord. 2742 § 1, 1999; Ord. 2576 § 1, 1994; Ord. 2447 § 1, 1991).

10.22.030 Definitions.

For purposes of this chapter, and for clarification of terms, the following words shall be defined and interpreted as follows:

(1) “Dirt and filth” means and includes floor, sidewalk, street and other surface sweepings; discards from vacuum cleaners; soot; ashes; matter removed from gutters and downspouts; accumulations of dust, residue from fire other than soot and ashes; hair from humans and animals; and all other discarded, unused and seemingly worthless goods and commodities not otherwise described above.

(2) “Garbage” means waste and residue from the preparation, cooking and dispensing of food, and from the handling, storage and sale of food and food products, including but not limited to discarded food wrappings and containers, paper, plastic and metal products used or intended for use in connection with the storage, sale, preparation or “clean-up” relating to food items; egg shells; used coffee grounds; used tea bags; meat trimmings; entrails of animals, poultry or fish; offal; medical wastes including bandages, syringes, medicines, plaster or other casts; and decomposed putrid material; whether such items are alone or in combination with other materials.

(3) “Junk” means scrapped materials such as plastic, cloth, glass, rags, paper or metals that can be converted into usable articles or stock, or articles that have outlived their usefulness in their original form. Examples of “junk” include, but are not limited to, empty bottles and jars; empty metal, plastic or paper containers; discarded engine or motor parts; automobile and truck parts of all descriptions; used tires, wheels and inner tubes; discarded batteries; cardboard; discarded and/or pre-used building materials; discarded and/or pre-used electrical and plumbing materials; broken pieces of concrete; discarded electrical, gas or hand-operated appliances; previously used packing materials; discarded household goods and furnishing; as well as parts and pieces of any of the foregoing.

(4) “Publicly visible” means anything that can be seen by a person with normal vision from any sidewalk, street, alley or other public place, or from any building situated on adjoining property.

(5) “Trash, rubbish and waste” means ashes; leaves; branches and trimmings from trees, shrubs and hedges; discarded Christmas trees; excrement and undigested residue of food eliminated by humans, animals, fish and birds; lawn, yard, garden, shrub and tree trimmings; garbage, junk and filth; discarded clothing of all descriptions; decayed or decaying materials of all kinds and descriptions; and insect-infested materials of all kinds and descriptions; whether such items are alone or in combination with other materials. (Ord. 2447 § 1, 1991).

10.22.040 Public nuisances defined.

The following shall constitute public nuisances:

(1) Visible garbage, etc., not in container: The publicly visible existence upon any real property in the city of any garbage, trash, rubbish, waste, dirt or filth, not contained within a garbage container or within a can, bag, box or other device suitable to prevent spillage or leakage;

(2) Undumped garbage container: The existence upon any real property in the city of any garbage container or any can, bag, box or other device, which is filled to 50 percent or more of its capacity with garbage, trash, rubbish, waste, dirt or filth, and which has remained upon such premises for more than 14 successive days;

(3) Visible junk: The existence upon any real property within the city of any junk not contained within a building or not within an area which is surrounded on all sides by a lawful fence, hedge or other barrier of sufficient height and density to prevent it from being publicly visible;

(4) Dangerous trees: The existence upon any real property within the city of any dead, diseased, infested or dying tree that constitutes a danger to street trees, streets, alleys, sidewalks, persons or vehicles;

(5) Obscured public facilities: The existence of any vines or climbing plants growing into, onto or over any street, tree growing within a public right-of-way or any public hydrant, pole, street light, utility device, street sign or public facility or device; or the existence of any shrub, vine or plant growing on, around or nearby 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;

(6) Privies, vaults, cesspools, etc.: The existence upon any real property within the city of any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodorous;

(7) Dangerous fences and structures: The existence upon any real property within the city and within 10 feet of any public street, alley, sidewalk or other public property of any fence or other structure which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition;

(8) Vehicle or machinery parts: Except where permitted and licensed as a wrecking yard, the existence and maintenance on any real property within the city of a storage area, junkyard or dumping ground for the wrecking or dismantling of automobiles, trucks, trailers, house trailers, boats, tractors or other vehicles or machinery of any kind, or for the storing or leaving of worn out, wrecked, inoperative or abandoned automobiles, trucks, trailers, house trailers, boats, tractors or other vehicles or machinery of any kind or of any major parts thereof;

(9) Dangerous discarded appliances: The existence on any real property within the city, in a place accessible to children, of any unattended and/or discarded ice box, refrigerator, freezer, washer, dryer or other large appliance;

(10) Drainage over pedestrian walkway: The existence of any drainage onto or over any sidewalk or public pedestrian way;

(11) Uncontrolled, uncultivated and/or untended vegetation: The existence on any real property within the city of:

(a) Vegetation which is dead, decayed, noxious or hazardous or which overhangs, encroaches upon, obstructs, or in any manner interferes with the full and free use by the public of any street, alley, or sidewalk; or

(b) Uncontrolled, uncultivated and/or untended weeds, grasses, or similar vegetation which has grown higher than an average of 12 inches, and which has gone to or is likely to go to seed unless prevented from doing so by cutting or mowing, or which, by reason of its height and density, constitutes a detriment to public health, safety or welfare as a fire hazard, a haven, nesting place or harbor for rodents, or a place where wind-driven garbage, trash, rubbish or waste accumulates;

(12) Hedges: The existence on any real property within the city of a hedge in violation of Chapter 16.44 LMC;

(13) Fences: The existence on any real property within the city of a fence in violation of Chapter 16.48 LMC;

(14) Accumulation of materials constituting a danger: The existence on any real property within the city of any accumulation of materials, substances or objects in a location when the same endangers property, health, safety or constitutes a fire hazard;

(15) Garbage collection: Violation of the requirements of Chapter 7.12 LMC. (Ord. 2742 § 2, 1999; Ord. 2447 § 1, 1991).

10.22.050 Exceptions.

The following shall not constitute public nuisances:

(1) Compost piles less than four feet in height and six feet in diameter at ground level, and 30 feet or more from any dwelling, and four feet or more from adjoining properties;

(2) Storm debris within 30 days following a storm event;

(3) Construction residue and debris during and for 14 days following completion of work;

(4) Fallen leaves, tree needles, tree fruit and similar vegetation, during the months of October through April, inclusive;

(5) The accumulation and temporary storage, in containers designated for such purposes, of “recyclable” materials pursuant to a program of recycling adopted by the city; provided, however, that such containers must not be publicly visible or they must be made available to the city’s garbage or “recycle contractor” within 14 days after having been filled to 50 percent or more of their capacity;

(6) Uncultivated, uncut or untended weeds, grass, bushes or other vegetation not constituting a health or fire hazard, existing in a natural state on undeveloped, agricultural, industrially zoned, “open space” or “green belt” areas. (Ord. 2742 § 3, 1999; Ord. 2447 § 1, 1991).

10.22.060 Enforcement – Notice to eliminate public nuisance.

It is deemed to be in the best interests of the public safety, health and welfare of the city to achieve elimination of public nuisances, therefore, and except as to violations of LMC 10.32.080, 11.40.070, 12.20.030 and 16.40.110(2)(b), the provisions of this chapter of the Longview Municipal Code shall be enforced in the following manner:

(1) The building official or an enforcement officer designated by the city manager, after having acquired knowledge of the existence of a public nuisance as defined in this chapter, shall, in writing, notify all persons having any interest in and to the real property upon which said public nuisance exists, including the effort required to eliminate the same.

(2) Such written notice shall require such public nuisance to be eliminated within 14 days after its date of issuance, and shall state that an inspection will be conducted within a reasonable time thereafter to assure such public official or enforcement officer of the elimination of such public nuisance. Such notice shall also state that a failure to eliminate a public nuisance within the time limit set forth shall constitute a misdemeanor or civil infraction and that each period of 24 successive hours thereafter during which such public nuisance is not eliminated shall constitute a separate violation.

(3) If, upon said subsequent inspection, such public nuisance shall not have been eliminated, and no extension of time shall have been granted pursuant to subsection (4) or (5) of this section, the building official or enforcement officer may issue or request to be issued either a notice of civil infraction or criminal citation charging the owners, occupants and/or others having an interest in said real property with a violation of this chapter. Each period of 24 hours thereafter during which said public nuisance is not eliminated shall constitute a separate violation of this chapter.

(4) If, prior to said subsequent inspection, a written request for an extension of time to eliminate such public nuisance has been made to the building official or enforcement officer, and, in the judgment of said building official or enforcement officer, good reason exists to extend the time for such elimination, the building official or enforcement officer may, in writing, extend the time for elimination of such public nuisance for up to but not in excess of 16 successive days. Following the end of such extension of time, the procedures set forth in subsection (3) of this section shall be followed.

(5) If, at the time of any subsequent inspection, it appears that reasonable and diligent efforts have been or are being made to eliminate such public nuisance, the building official or enforcement officer, in his or her discretion, may, upon written request thereof, grant extensions of time to eliminate such nuisance, but not exceeding an aggregate of 90 days after the date of the first notice provided for in subsection (1) of this section. Failure to eliminate such public nuisance within the time of the original notice and all extensions thereof shall constitute a violation of this chapter, and each period of 24 successive hours thereafter during which said public nuisance is not eliminated shall constitute a separate violation.

(6) All notices required to be delivered pursuant to subsections (1) and (2) of this section shall be delivered to the occupants of the real property upon which said public nuisance exists, and may be delivered to all other persons having any interest in the real property as shown by the auditor for Cowlitz County, Washington. Delivery of such notice may be made by personal delivery to such person, by sending notice via first class mail to such person, in which case delivery will be deemed complete on the third day following the day such notice was deposited in the U.S. mail with postage prepaid; or by delivery to any occupant of the real property upon which said nuisance exists who appears to be over the age of 18 years. In the event that the occupants or other persons having an interest in the property cannot be located or their mailing addresses ascertained, delivery may be made by attachment of such notice to the front door of the principal building or structure situated upon such real property. Failure to deliver, send, or attach any of such notices to all persons having an interest in the real property shall not relieve others receiving such notice from the requirements of this chapter.

(7) All notices of civil infraction issued pursuant to this section shall comply with the provisions of Chapter 1.30 LMC. (Ord. 2742 § 4, 1999; Ord. 2590 § 1, 1995; Ord. 2576 § 2, 1994; Ord. 2447 § 1, 1991).

10.22.065 Right-of-way violations – Enforcement.

In the event of a violation of LMC 10.32.080, 11.40.070, 12.20.030 or 16.40.110(2), the building official or law enforcement officer shall not be required to issue a notice to eliminate a public nuisance prior to the issuance of a criminal citation or notice of civil infraction, and may issue or request to be issued a criminal citation or notice of civil infraction upon discovery of the violation. (Ord. 2742 § 5, 1999; Ord. 2590 § 2, 1995).

10.22.067 Repeated nuisance violations – Enforcement.

In the event of the occurrence of a subsequent violation of this chapter within one year following compliance with a notice issued pursuant to LMC 10.22.060(2), the building official or enforcement officer shall not be required to issue a notice to eliminate a public nuisance prior to the issuance of a criminal citation or a notice of civil infraction and may issue or request to be issued a criminal citation or notice of civil infraction upon discovery of the violation. (Ord. 2742 § 6, 1999; Ord. 2590 § 3, 1995).

10.22.070 Abatement by city – Order for reimbursement.

In the event that a public nuisance is not eliminated as heretofore provided in this chapter, the building official or enforcement officer shall have the authority to enter the property to eliminate said public nuisance or to contract for the entry onto the property for the elimination of said public nuisance and to pay the cost from funds as set forth in the annual budget of the city. In the event that the Longview municipal court should find that any person or persons occupying the premises or having an interest in the real property upon which such public nuisance exists are guilty of a violation of this chapter, said Longview municipal court judge shall, as part of its sentence, order reimbursement to the city in an amount equal to the city’s cost of eliminating such public nuisance. (Ord. 2742 § 7, 1999; Ord. 2447 § 1, 1991).

10.22.075 Entry upon property.

(1) Whenever it is necessary to make an inspection to enforce any provision of this chapter, or whenever there is reasonable cause to believe that there exists a violation of this chapter in any building or upon any premises within the jurisdiction of the city, any authorized official of the city or person operating under the direction of such official may enter such building or premises at all reasonable times to inspect the same or to carry out any other lawful direction of this chapter, including, but not limited to the elimination of a public nuisance as defined in this chapter.

(2) In the event that such authorized official or person acting under his or her direction is denied or refused entry, such official may apply to Longview municipal court for a warrant authorizing entry onto such building or premises to carry out the same. If the Longview municipal court finds just cause for the issuance of the warrant, it may issue such a warrant and shall subscribe the same with a return date of not more than 10 days following completion of the action or activity to be conducted upon the property.

(3) Whenever any condition or use in violation of this chapter reasonably appears to constitute an imminent or immediate danger to the health and safety of the public or a significant portion thereof, any city official authorized to enforce the provisions of this chapter shall have the authority to summarily and without notice enter said property to correct the same. (Ord. 2742 § 8, 1999).

10.22.080 Chapter not exclusive.

The provisions of this chapter are in addition to any other provisions of this code with reference to public health, safety and welfare, and may be enforced separately from such other provisions or in combination therewith. (Ord. 2447 § 1, 1991).