Ordinance 23-010 chronic nuisance CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.23-010
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING CHAPTER 7.05 OF THE SPOKANE VALLEY MUNICIPAL
CODE REGARDING CHRONIC NUISANCE VIOLATIONS, AND AMENDING CHAPTER
17.100 OF THE SPOKANE VALLEY MUNICIPAL CODE REGARDING ABATEMENT OF
CHRONIC NUISANCE VIOLATIONS.
WHEREAS,pursuant to RCW 35A.11.020 and RCW 35.22.280(30), the City of Spokane Valley
(City) is authorized to "declare what shall be a nuisance, and to abate the same, and to impose fines upon
parties who may create, continue, or suffer nuisances to exist;"and
WHEREAS,pursuant to Chapter 7.48 RCW,the City is authorized to obtain an order for warrant
of abatement of public nuisances that may exist within the City; and
WHEREAS, pursuant to chapter 7.43 RCW, the City is authorized to determine and abate drug
nuisance properties that may exist within the City; and
WHEREAS,pursuant to RCW 7.60,the superior court may appoint a receiver to act as a custodian
of a chronic nuisance property on application of the City; and
WHEREAS, in 2018., the City adopted amendments to chapter 7.05 of the Spokane Valley
Municipal Code (SVMC)to declare what conditions shall be chronic nuisances; and
WHEREAS, in 2018, the City adopted amendments to chapter 17.100 SVMC regarding
administrative procedures for enforcement of code violations, including public and chronic nuisances; and
WHEREAS, there exists within the City a number of properties that are creating significant
adverse impacts on the surrounding community due to a combination of criminal activity,general nuisance
conditions, and violations of civil law; and
WHEREAS,the City Council finds that a broader approach to chronic nuisance and an additional
means of abatement, in the form of receivership, is in the best interest of the public health, safety, and
welfare; and
WHEREAS, the City Council desires to amend the applicable chronic nuisance provisions in the
SVMC to allow the City to better address and eliminate chronic nuisances and to provide necessary updates
to better protect the public health, safety, and welfare.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Amendment. Chapter 7.05 of the Spokane Valley Municipal Code is hereby
amended as follows. Any section of Chapter 7.05 SVMC not identified herein shall remain unchanged.
7.05.010 Purpose and intent.
The purpose and intent of chapter 7.05 SVMC is to create and maintain a safe and healthy environment for
the citizens of the City by identifying and eliminating the conditions that contribute to injury, illness,
devaluation of property,reduction in the quality of life,and the incidence of crime through the existence of
nuisance activities on public and private property.Nuisance properties create a substantial financial burden,
pose a significant strain on city services,and interfere with other's use and enjoyment of their property.
Ordinance 23-010 Page 1 of 9
7.05.020 Definitions.
In addition to any definitions contained in Appendix A, the following words shall, for the purposes of
chapters 7.05 and 17.I00 SVMC,be defined as:
"Abandoned Property,"for purposes of defining a chronic nuisance,means a property over which the person
in charge no longer asserts control due to death, incarceration, or any other reason, and which is either
unsecured or subject to occupation by unauthorized individuals.
"Chronic Nuisance Property"means:
1. A property on which three or more nuisance activities exist or have occurred during any sixty-day period,
with at least one of the nuisance activities being classified as ongoing criminal activity related to the
property; or
2. A property on which five or more nuisance activities exist or have occurred during any twelve-month
period, with at least one of the nuisance activities being classified as ongoing criminal activity related to
the property; or
3. Any abandoned property where nuisance activities exist or have occurred; or
4. A property which,upon request for execution of a search warrant,has been the subject of a determination
by a court two or more times within a twelve-month period that probable cause exists that illegal possession,
manufacture, or delivery of a controlled substance or related offense as defined in chapter 69.50 RCW has
occurred on the property.
"Control" means the power or ability to direct or determine conditions at a property or regulate, restrain,
dominate, or govern property or conduct that occurs on a property.
"Days" are counted as business days when five or fewer days are allowed to perform an act required by
chapter 7.05 SVMC."Days"are considered calendar days when more than five days are allowed to perform
an act required by chapter 7.05 SVMC. "Days" are counted by excluding the first day, and including the
last day, unless the last day is a holiday, Saturday, or Sunday, pursuant to RCW 1.12.040, as now adopted
or hereafter amended.
"Determination of compliance" means a written determination by the city manager or designee that the
violation(s) stated in the warning, voluntary compliance agreement, notice and order, stop work order, or
other applicable order have been sufficiently abated so as to comply with the SVMC.
"Graffiti" means an unauthorized marking, symbol, inscription, word, figure, design, or other inscribed
material that has been placed upon any property through the use of paint, ink, dye, or any other substance
capable of marking property.
"Impound"means to take and hold a vehicle in legal custody pursuant to law.
"Inoperable"means incapable of being operated legally on a public highway,including, but not limited to,
not having a valid, current registration plate or a current certificate of registration.
"Junk vehicle"means a vehicle meeting at least three of the following criteria:
1. 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.
Ordinance 23-010 Page 2 of 9
"Nuisance" means a person's unreasonable or unlawful use of real or personal property, or unreasonable,
indecent, or unlawful personal conduct or omission of conduct which materially interferes with, obstructs,
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.
"Nuisance Activities"means and includes:
1. Any structure, use, activity, conduct, or condition that constitutes a nuisance pursuant to SVMC
7.05.040;
2. Ongoing criminal activity related to the property;
3. Any civil code violation as defined by state or local ordinance occurring on the property or around or
near the property that has a reasonable and proximate connection to the property.
4. For purposes of this definition"civil code violation" means, civil judgment, issuance of a civil penalty,
issuance of a notice and order, or any act or conduct which the City can establish, by a preponderance of
the evidence, exists or has occurred regardless of whether such act resulted in a civil penalty. A civil
infraction which is deferred or subject to pretrial diversion may be counted as a violation if the violation is
proved by a preponderance of the evidence. A finding of not committed on a civil infraction shall not
constitute a violation under this chapter.
"Ongoing criminal activity related to the property"means that(1)criminal activity is or has been occurring
at the property; or (2) criminal activity is or has been occurring near the property and such activity has a
reasonable and proximate connection to the property,whether by owners, persons in charge, occupants, or
persons visiting such owners or occupants.Examples of conduct or actions that constitute criminal activity
occurring at or near the property include, but are not limited to,the following:
1. Service of a search warrant by law enforcement personnel; or
2.Arrest of one or more individuals by law enforcement personnel during any 24-hour period; or
3. Commission of a misdemeanor, gross misdemeanor, or felony at or near the property and where there is
a reasonable and proximate connection between the crime or criminal and the property, including those
visiting the owner, person in charge, or occupants of the property; or
4. Visits by law enforcement personnel which occur based upon a reasonable belief by law enforcement
that a crime is occurring or has occurred, but which do not result in any of the actions identified in
subsections (1) through (3) of this definition; provided, that visits alone may not form the sole basis for
determining a property to be a chronic nuisance property.
"Person"means any public or private individual, sole proprietorship, association, partnership, corporation,
or legal entity,whether for-profit or not-for-profit, and the agents and assigns thereof.
"Person in charge" of a property means the owner and, if different than the owner, any other person in
actual or constructive possession of a property, including but not limited to a lessee,tenant,occupant,agent,
or manager of a property.
"Person(s) responsible for a junk vehicle nuisance violation" means any one or more of the following:
1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; or
2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has
complied with state law; or
3. The legal owner of the vehicle.
Ordinance 23-010 Page 3 of 9
"Person(s) responsible for a nuisance violation" means the person or persons who caused the violation, if
that can be determined, and/or the owner, person in charge, lessor, tenant, or other person(s) entitled to
control, use, and/or occupancy of the property and the abutting public rights-of-way.
"Property" means a parcel or lot of real property including property used as residential or commercial
property, a building, including but not limited to the structure or any separate part or portion thereof,
whether permanent or not, or the ground itself,a unit within a building, or a mobile home, manufactured
home,or a recreational vehicle placed on a parcel or lot of real property.
"Vehicle," for the purposes of SVMC 7.05.040(N), 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, pursuant to RCW 46.04.670.
7.05.030 Compliance,authority and administration.
In order to discourage public nuisances and otherwise promote compliance with chapter 7.05 SVMC, the
city manager or designee may, in response to field observations, determine that violations of
chapter 7.05 SVMC have occurred or are occurring, and may utilize any of the compliance provisions set
forth in chapter 17.100 SVMC.
7.05.040 Nuisances prohibited.
No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public
nuisance within the City including on the property of any person, firm,or entity or upon any public rights-
of-way abutting a person,firm,or entity's property. Prohibited public nuisances include,but are not limited
to:
A. Vegetation.
1. Any vegetation,or parts thereof,which hang lower than eight feet above any public walkway or sidewalk;
or hang lower than 14 feet above any public street; or which are growing in such a manner as to obstruct or
impair the free and full use of any public walkway, sidewalk, or street; or violate City clearview triangle
regulations. The City shall be responsible for maintaining all vegetation placed by the City adjacent to a
public walkway, sidewalk, or street.
2. Any growth of noxious weeds or toxic vegetation shall be subject to chapter 16-750 WAC as currently
adopted and hereafter amended.
B. Buildings, Structures, Fences. Buildings or portions thereof which are deemed dangerous or unfit
pursuant to the SVMC (including all building and property maintenance codes and regulations as currently
adopted and hereafter amended).
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. Accumulations of dirt or debris not removed from a public sidewalk.
D. Accumulations of Materials, Garbage,Recyclables, Furniture, Machinery.
1.Building and Construction Materials. Any accumulation, stack, or pile of building or construction
materials, including but not limited to metal, wood, wire, electrical, or plumbing materials, not associated
with a current, in-progress project and not in a lawful storage structure or container. This provision does
not apply to a designated contractor's yard.
Ordinance 23-010 Page 4 of 9
2. Garbage, Recyclables, Compost,and Infestations.
a. Garbage or recyclables not properly stored in a receptacle with a tight-fitting lid.
b. Any accumulation of broken or neglected items, litter, salvage materials, or junk not in an approved
enclosed structure.
c. Creating or maintaining any accumulation of matter, including but not limited to foodstuffs or dead
vegetation(excluding properly maintained residential compost piles).
3. Furniture,Appliances,Furnishings, and Equipment.
a. Any broken or discarded household furniture, furnishings, equipment, or appliance not in an approved
enclosed structure.
b. Any enclosure which may entrap a human or an animal, including accessible refrigeration appliances
that have not had the doors secured or removed.
4. Machinery and Equipment. Any broken or inoperable accumulation of, or part of, machinery or
equipment not in an approved enclosed structure. SVMC 7.05.040(D)(4)shall include such machinery and
equipment as boats,jet-skis, snowmobiles, aircraft, and the like, but shall not include junk vehicles, which
are regulated pursuant to SVMC 7.05.040(N).
E.Fire Hazards.Any stack or accumulation of newspapers,dead vegetation(excluding properly maintained
compost piles), overgrown vegetation, cardboard, or any other paper, cloth, or wood products left in a
manner that poses a substantial risk of combustion or the spread of fire, as determined by the fire marshal.
F. Toxic or Caustic Substances.Improper storage or keeping of any toxic,flammable, or caustic substances
or materials.
G. Smoke, Soot, or Odors. Allowing the escape or emission of any harmful smoke, soot, fumes, gases, or
odors which are offensive or harmful to a reasonable person.
H. Bodies of Water.
1. All stagnant,pooled water in which mosquitoes,flies,or other insects may multiply, excluding any City-
approved structure related to storm drainage systems.
2. The polluting of any waterway, well,or body of water which is not subject to the jurisdiction of another
federal, state, county, special purpose district or city agency.
I. Holes. Any excavated or naturally occurring uncovered holes which are not marked, guarded, or
otherwise secured,and which constitute a concealed danger.
J. Attractive Nuisances. Any accessible nuisance which is attractive 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.
K.Noise.
1. Any noise or sound that,originating within a residential zone,intrudes into the property of another person
that exceeds the maximum permissible noise levels pursuant to chapter 173-60 WAC, as currently adopted
and hereafter amended. Such noise or sound may include, but is not limited to, noise or sound created by
use of a radio, television set, musical instrument, sound amplifier, or other device capable of producing or
reproducing noise or sound; or in connection with the starting, operation, repair, rebuilding, or testing of
any vehicle, off-highway machinery or equipment, or internal combustion engine.
2. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1):
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a.Normal use of public rights-of-way;
b. Sounds created by motor vehicles when regulated by chapter 173-62 WAC;
c. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related
to flight operations;
d. Sounds created by surface carriers engaged in commerce or passenger travel by railroad;
e. Sounds created by warning devices not operating continuously for more than five minutes, or bells,
chimes, or carillons;
f. Sounds created by safety and protective devices where noise suppression would defeat the intent of the
device or is not economically feasible;
g. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for
health, safety or welfare of the community;
h. Sounds originating from officially sanctioned parades and other public events;
i. Sounds created by watercraft,except to the extent that they are regulated by other City or state regulations;
j. Sounds created by motor vehicles licensed or unlicensed when operated off public highways,except when
such sounds are made in or adjacent to residential property where human beings reside or sleep;
k. Sounds originating from existing natural gas transmission and distribution facilities;
1. Sounds created in conjunction with public work projects or public work maintenance operations executed
at the cost of the federal government, state or municipality;
m. Sounds created in conjunction with the collection of solid waste;
n. Sounds created in conjunction with military operations or training;
o. Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums,
swimming pools, schools, and other public facilities and public recreational facilities during hours of
operation;
p. Sounds originating from agricultural activities.
3. The following shall be exempt from provisions of SVMC 7.05.040(K)(1) between the hours of 7:00 a.m.
and 10:00 p.m.:
a. Sounds originating from residential property relating to temporary projects for the repair or maintenance
of homes,grounds, and appurtenances;
b. Sounds created by the discharge of firearms on authorized shooting ranges;
c. Sounds created by blasting;
d. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided,that
aircraft testing and maintenance shall be conducted at remote sites whenever possible;
e. Sounds created by the installation or repair of essential utility services.
4. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1) between the hours of 7:00
a.m. and 10:00 p.m., or when conducted beyond 1,000 feet of any residence where human beings reside
and sleep at any hour:
Ordinance 23-010 Page 6 of 9
a. Sounds originating from temporary construction sites as a result of construction activity;
b. Sounds originating from the quarrying, blasting and mining of minerals or materials, including, but not
limited to, sand, gravel, rock and clay, as well as the primary reduction and processing of minerals or
materials for concrete botching, asphalt mixing and rock crushers;
c. Sounds originating from uses on properties which have been specifically conditioned to meet certain
noise standards by an appropriate City hearing body.
L. Dust. Any disturbance of any land area, or permitting the same, without taking affirmative measures to
suppress and minimize the blowing and scattering of dust, which unreasonably interferes with the peace,
comfort, or repose of a reasonable person. This provision does not include permitted agricultural activities.
M.Yard Sales. The holding or permitting of either:
1. A yard sale on the same lot for (a) more than seven consecutive days; (b) more than two consecutive
weekends; or
2. More than three separate yard sale events in one calendar year.
The prohibition under this Section SVMC 7.05.040(M) shall only apply to dwellings, including but not
limited to single family,multifamily, and duplex dwellings.
N. Junk Vehicles. All junk vehicles, or parts thereof, placed, stored, or permitted to be located on private
property within the City limits. SVMC 7.05.040(N) does not apply to:
1.Any vehicle or part thereof that is completely enclosed within a lawful structure so that it is not visible
from the street or other public or private property;
2. Any 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 the private property is fenced
pursuant to 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 may 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 city manager or designee shall have the discretion to grant one
additional 60-day exception period pursuant to SVMC 7.05.040(N). 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 SVMC 7.05.040(N)up to two junk vehicles in R-1, R-2, and R
3 zones,so long as they are completely sight-screened by maintained landscaping,a maintained landscaped
berm, or fencing, as allowed pursuant to any currently adopted SVMC landscaping, berm, or fencing
requirements.
O. Graffiti. Any graffiti on public or private property.
P. Development Code Violations. Any violation pursuant to SVMC Titles 19,20, 21, 22, 23,24,
and/or 25.
7.05.045 Chronic nuisances.
Ordinance 23-010 Page 7 of 9
A.No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist a chronic
nuisance property within the City including on the property of any person,firm,or entity or upon any public
rights-of-way abutting a person's,firm's, or entity's property.
B. A person in charge who receives a notice and order pursuant to chapter 17.100 SVMC for chronic
nuisance must, within 10 days, contact the code enforcement officer who issued the notice and order to
establish a plan of action to eliminate the conditions, behaviors, and activities which constitute nuisance
activities at the property.
C. Defenses. It shall be a defense against a declaration of chronic nuisance if the person alleged to be
responsible for the nuisance (1) affirmatively engages in reasonable and ongoing efforts to remedy the
nuisance activities; and (2) is not the perpetrator nor allows the perpetration of the nuisance activities.
Section 2. Amendment. Chapter 17.100 of the Spokane Valley Municipal Code is hereby
amended as follows. Any section of Chapter 17.100 SVMC not identified herein shall remain unchanged.
17.100.325 Abatement—Chronic nuisances.
A. Chronic Nuisance Judicial Abatement Order. The City may seek a judicial abatement order from
Spokane County superior court to abate a property deemed a chronic nuisance property pursuant to
SVMC 7.05.045 where other methods of remedial action have failed to produce compliance.Tithe superior
court determines the property to be a chronic nuisance property pursuant to SVMC 7.05.045,the court may:
1. Order the person in charge to immediately abate the nuisance activities and ongoing criminal
activity related to the property;
2. Order the property into receivership in accordance with RCW 7.60 and thereby recover from the
property the reasonable, necessary expenses of abating the nuisance and returning the property to
productive use;
3. Issue a warrant of abatement ordering the City to take all necessary steps to abate, deter, and
prevent the resumption of nuisance activities, which may include but is not limited to, the
immediate:
a. Vacation of the premises;
b. Removal of all personal property subject to seizure and forfeiture pursuant to
RCW 69.50.505 or RCW 10.105.010 from the property and direct their disposition
pursuant to the forfeiture provisions of RCW 69.50.505 or RCW 10.105.010,respectively;
c. Closure of the property against its use for any purpose, and for keeping it closed for a
period of up to one year unless released sooner pursuant to chapter 17.100 SVMC;
d. Removal of garbage, junk vehicles, and any other prohibited nuisance under SVMC
7.05.040 from the property; and
e. Safety inspection by Code Enforcement,Building Official,Fire Department,or any other
government agency.
4. Any other further relief deemed appropriate by the court.
B. In any action filed, the City shall have the burden of showing by a preponderance of evidence that the
property is a chronic nuisance property. Police reports, official City reports, affidavits, evidence of a
Ordinance 23-010 Page 8 of 9
property's general reputation, and the reputation of persons residing or frequenting the property shall be
admissible and may be offered as evidence of chronic nuisance. The failure to prosecute an individual, or
the fact no one has been convicted of criminal activity, is not a defense to a chronic nuisance action.
C.Upon the finding by the superior court that a property is a chronic nuisance property,the person in charge
is subject to the suspension or revocation of a business license or other license issued by the City and
required at such property, including but not limited to licenses issued pursuant to Title 5 SVMC.
D. The superior court shall retain jurisdiction during any period of closure or abatement of the property.
E. The City shall file a formal lis pendens notice when an action for abatement of chronic nuisance is filed
in the superior court.
F. The City may seek to recover the costs of abatement pursuant to chapter 17.100 SVMC.
G.The provisions of this section(SVMC 17.100.325)shall apply retroactively to the greatest extent allowed
under applicable law.
Section 3. SeverabiIity. 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 this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as
provided by law.
Passed this 23' day of May, 2023.
(45/' (4Th
A , 'E Pam Haley, Mayor
Christine Bainbridge, City Clerk
Approved As To Form:
:ee o the City Attorney
Date of Publication: �Q 0,3
Effective Date: 40- 9- J3
Ordinance 23-010 Page 9 of 9