Ordinance 08-024 Amending SVMC: Control and Abatement of Nuisance Conditions CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 08-024
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING
SECTIONS 7.05.020 AND 7.05.040 OF THE SPOKANE VALLEY MUNICIPAL CODE
RELATING TO CONTROL AND ABATEMENT OF NUISANCE CONDITIONS.
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
Chapter 7,05 regulating,nuisance conditions on public and private property; and
WHEREAS, the existing provisions contain some sections that contain verbiage no longer
consistent with City Code and procedures or are otherwise no longer applicable, and require revisions to
ensure clarity; and
WHEREAS, the following changes are consistent with the City's Comprehensive Plan, and are
necessary to protect the health,safety, and welfare of the general public and the environment.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1.. Spokane Valley Municipal Code section 7.05.020 is hereby amended as set forth
below.
7.05.020 Definitions.
"Abate" means to take whatever steps are deemed necessary by the director to ensure that the
property complies with applicable nuisance ordinance requirements. Abatement may include.
but is not limited to, rehabilitation, demolition, removal, replacement or repair.
"City" means the City of Spokane Valley, Washington.
"Code compliance officer" means a regular or specially commissioned officer so designated
by the director of community development for the City.
"Days" will be counted as business days when five or fewer days are allowed to do an act
required by this chapter. "Days" will be considered calendar days when more than five days are
allowed to do an act required by this chapter.
"Determination of compliance" means a written statement from the director that evidence
exists to determine that the violation(s) has been sufficiently abated as to the nuisance
violation(s)stated in the voluntary compliance agreement or notice and order.
"Director" means the community development director for Spokane Valley, or his/her
designee,
"Found in violation" means that:
1. A notice and order has been issued and not timely appealed;
2. A voluntary compliance agreement has been entered into; or
3. The hearing examiner has determined that the violation has occurred and such
determination has not been stayed or reversed on appeal.
"Graffiti" means unauthorized markings, inscriptions, words, figures, designs or other
inscribed material visible from premises open to the public, that have been placed upon any
property through the use of paint, ink,dye, or any other substance capable of marking property.
"Hearing examiner" means the City of Spokane Valley hearing examiner, as provided by
Chapter 10.35 SVMC as adopted or hereafter amended.,
"Impound," for the purposes of this chapter, means to take and hold a vehicle in legal
custody.
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"Inoperable" means incapable of being operated legally on a public highway, including, but
not limited to, not having a valid, current registration plate or current certificate of registration.
"Junk vehicle" means a vehicle substantially meeting at least three of the following criteria:
I. Is three years old or older;
2. Is extensively damaged, such damage including but not limited to any of the
following: a broken window or windshield, or missing wheels,tires, motor, or transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value of the
scrap in it.
"Mitigate" means to take measures, subject to City approval, to minimize the harmful effects
of the nuisance violation where remediation is either impossible or unreasonably burdensome.
"Nuisance" means the unreasonable or unlawful use by a person, of real or personal property,
or the unreasonable, indecent or unlawful personal conduct which materially interferes with or
jeopardizes the health, safety, prosperity, quiet enjoyment of property or welfare of others,
offends common decency or public morality, or obstructs or interferes with the free use of
public ways, places or bodies of water.
"Person" means any individual, association, partnership, corporation or legal entity, public or
private, and the agents and assigns of such individual, association, partnership, corporation or
legal entity.
"Person responsible for a nuisance violation" means the person who caused the violation, if
that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use
and/or occupancy of the property where the nuisance violation occurs.
"Person(s)responsible for a junk vehicle nuisance violation" means:
1. The land owner where the junk vehicle is located as shown on the last equalized
assessment roll; and
2. The last registered owner of the vehicle, unless the owner in the transfer of
ownership of the vehicle has complied with RCW 46.12.101; and
3. The legal owner of the vehicle.
"Remediate" means to restore a site to a condition which does not pose a probable threat to
the general public health, safety or welfare.
"Vehicle," for the purposes of SVMC 7.05.040(S), includes every device capable of being
moved upon a public highway and in, upon, or by which any persons or property is or may be
transported or drawn upon a public highway, including bicycles. The term does not include
devices other than bicycles moved by human or animal power or used exclusively upon
stationary rails or tracks, as set forth in RCW 46.04.670.
Section 2. Spokane Valley Municipal Code section 7.05.040 is hereby amended as
set forth below.
7.05.040 Nuisances prohibited.
No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist
any public nuisances within the City. Prohibited public nuisances include, but are not limited
to:
A. Vegetation.
1. Overhanging limbs or branches that are less than eight feet above a public walkway
or sidewalk, or less than 14 feet above a public street.
2. Vegetation that obstructs or hinders the use of any public walkway, sidewalk, or
street, or that obstructs or obscures the view of traffic or traffic control devices, pursuant to
clear-view triangle policies adopted by the City.
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3. Any growth of noxious weeds or any toxic vegetation shall be subject to Chapter 16-
750 WAC as currently adopted and hereafter amended.
B. Buildings, Structures, Fences.
1. Buildings or portions thereof which are deemed dangerous pursuant to the Spokane
Valley building code (currently adopted International Property Maintenance Code and the
-International Existing Building Code); provided, that such conditions or defects exist to the
extent that the life, health, property or safety of the public or the structure's occupants is
endangered.
2. Any fence that obstructs or obscures the view of traffic or traffic control devices,
pursuant to clear-view triangle policies adopted by the City.
C. Sidewalks.
1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public
walkway or sidewalk.
2. Any object, construction, or damage that inhibits or obstructs the surface use of a
public walkway or sidewalk.
3. Snow or ice not removed from a public sidewalk within a reasonable time.
4. Accumulations of dirt or debris not removed from a public sidewalk.
D. Unauthorized Signs. Any sign not in compliance with the City's currently adopted sign
code.
E. Accumulations of materials, garbage, recyclables, furniture, machinery.
1. Building and Construction Materials. Accumulations, stacks, or piles of building or
construction materials not associated with a current, in-progress project including metal, wood,
wire, electrical or plumbing materials in disarray or exposed to the elements on the property.
This provision does not apply to a designated contractor's yard, as defined in the currently
adopted Spokane Valley Zoning Code.
2. Garbage, Recyclables, Compost,and Infestations.
a. Garbage not kept in a proper receptacle with a tight-fitting lid.
b. Accumulations of broken or neglected items, litter, salvage materials, and junk
not in an approved enclosed structure, in the front, back, or side yards of the property.
c. Recyclables not properly stored and regularly disposed of.
d. Creating or maintaining accumulations of matter, including foodstuffs, that
harbor or are an attraction for the infestation of insects or vermin; failing to eliminate such
infestations; or failing to eliminate intrusive insects.
3. Furniture and Appliances.
a. All broken or discarded household furniture, furnishings or equipment, or any
appliances not in an approved enclosed structure, in the front, side, or back yard of a property.
b. All accessible refrigeration appliances not having the doors secured or removed,
or any enclosure that can entrap humans or animals.
4. Machinery and Equipment. Broken, inoperable, accumulations of, or parts of
machinery or equipment not in an approved enclosed structure, in the front, back, or side yards
of the property. This section excludes nuisance vehicles that are regulated by subsection P of
this section.
F. Fire Hazards. Stacks or accumulations of newspapers, dead vegetation (excluding
properly maintained compost piles), cardboard, or other paper, cloth, or wood products left in a
manner that could pose a substantial risk of combustion or the spread of fire.
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G. Toxic or Caustic Substances. Improper storing or keeping of any toxic, flammable, or
caustic substances or materials.
H. Smoke, Soot, or Odors. The escaping or emitting of any unnecessary or harmful smoke,
soot, fumes, or gases or odors offensive or harmful to persons of ordinary sensibilities.
I. Bodies of Water.
1. Except for City-approved structures related to storm drainage systems, all stagnant,
pooled water in which mosquitoes, flies or other insects may multiply.
2. The polluting of any waterway, well, or body of water not subject to the jurisdiction
of the Spokane regional health district.
J. Holes, Pits, and Excavations. All uncovered holes, pits, or excavations not marked or
guarded that are in excess of 10 or more inches in width at the top and four feet or more in
depth.
K. Attractive Nuisances. Any accessible attractive nuisance to children including, but not
limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open
and unattended vehicle trunks, or other unguarded conditions or situations that could injure or
trap a child.
L.Noise.
1. Any noise or sound that intrudes into the property of another person that exceeds the
maximum permissible noise levels as established in WAC 173-60-040, as currently adopted
and hereafter amended.
2. The frequent, repetitive or continuous sounding of any horn or siren attached to a
motor vehicle, except as a warning of danger or as specifically permitted by law.
3. The creation of frequent, repetitive or continuous sounds in connection with the
starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway
vehicle or internal combustion engine within a residential zone, so as to unreasonably disturb or
interfere with the peace and comfort of owners or possessors of real property.
4. The noisy operation of any automobile, truck, motorcycle or other vehicle in such a
nonemergency manner to cause the squealing of tires by the rapid acceleration of the vehicle;
the loud and continuous grinding, thumping or grading noises from trucks or other commercial
vehicles; the engine compression noise from the unmuffled or poorly muffled compression
braking of trucks; the sound from any motor vehicle audio sound system such as tape players,
radios, and compact disc players at volumes so as to be audible greater than 50 feet from the
vehicle itself; and loud, excessive engine or exhaust noise from unmuffled vehicles or vehicles
operating with inadequate muffler systems to prevent unreasonably loud noises.
M. Dust. Disturbing the topsoil of any land area, or permitting the same, by any person
without taking affirmative measures to suppress and minimize the blowing and scattering of
dust so as to unreasonably disturb or interfere with the peace and comfort of owners or
possessors of real property. This provision does not include permitted agricultural activities as
legal nonconforming uses or permitted agricultural activities in general agricultural zones.
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N.Nuisance Premises. Any premises or structures allowing or maintaining prostitution, lewd
behavior, underage consumption of alcohol, the harboring of juvenile runaways or wanted
persons, or where there is the use, sale, manufacturing or distributing of any narcotic or
controlled substance, or at which there is a pattern of criminal activity, are prohibited
nuisances.
O. Yard Sales. The holding or permitting of a yard sale on the same real property more than
seven consecutive days, or more than two consecutive weekends.
P. All junk vehicles, or parts thereof, placed, stored or permitted to be located on private
property within the City limits are public nuisances to be abated as provided in this chapter.
This chapter does not apply to:
1. A vehicle or part thereof that is completely enclosed within a building in a lawful
manner where it is not visible from the street or other public or private property;
2. A vehicle or part thereof that is stored or parked in a lawful manner on private
property in connection with the business of a licensed dismantler or licensed vehicle dealer, and
is fenced according to the provisions or RCW 46.80.130;
3. A junk vehicle does not include a vehicle which is in the process of being repaired,
as evidenced by the good faith efforts of the vehicle owner. This exception shall include having
up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair
process for the vehicle being excepted from compliance in this section. Good faith efforts of
repair can include producing invoices showing work or parts purchased for repair or renovation
within 30 days prior to issuance of the notice of violation, or a declaration under penalty of
perjury that the vehicle is in the process of being repaired and has been worked on within 30
days prior to issuance of the notice of violation. This exception allows up to 60 days for good
faith repair. Upon good cause shown, the director shall have the discretion to grant one
additional 60-day exception period to this chapter. Under no circumstance shall any good faith
efforts of repair extend for more than 120 days, after which time this exception shall no longer
apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per
calendar year;
4. There shall be allowed as exceptions to this chapter up to two junk vehicles in -R-1,
R-2, R-3 and R-4 zones, so long as they are completely sight-screened by maintained Type I or
II landscaping, a maintained landscaped berm, or fencing, as may be required in the currently
adopted zoning code. Junk vehicles allowed by this exception are restricted to only the R-1, R-
2, R-3 and R-4 zones.
Q. Graffiti. All graffiti upon public or private property is deemed a nuisance.
Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect five (5) days after
publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided
by law.
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PASSED by the City Council this 9th day of December,20 1 8
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ayor, ''chard Munson
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iL City Clerk,Christine Bainb dge
Approved as to Form: i
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Office of tU,City At ey
Date of Publication: 1;2_ /9 —de?
Effective Date: )Z--2 7_- I
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