Ordinance 23-019 SVMC 7.05 Junk and Unlicensed Vehicle NuisancesCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.23-019
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING CHAPTER 7.05 OF THE SPOKANE VALLEY MUNICIPAL
CODE RELATING TO JUNK AND UNLICENSED VEHICLE NUISANCES AND OTHER
MATTERS RELATED THERETO.
WHEREAS, pursuant to RCW 35A.11.020 and RCW 35.22.280(3), 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, the City previously adopted chapter 7.05 of the Spokane Valley Municipal Code
(SVMC) in order to maintain a safe and healthy environment by regulating nuisance conditions that
contribute to injury, illness, devaluation of property, and the incidence of crime; and
WHEREAS, pursuant to chapter 7.48 RCW, the City is authorized to obtain an order for a
warrant of abatement of public nuisances that may exist within the City; and
WHEREAS, the City Council has identified certain conditions, including but not limited to
storage of unlicensed and junk vehicles on private property which contribute to injury, illness, devaluation
of property, and the incidence of crime, and it desires to regulate such conditions as nuisances; and
WHEREAS, the City desires to amend the applicable nuisance provisions in the SVMC to
provide necessary updates for 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. Purpose, The City Council hereby finds it appropriate to amend the Spokane Valley Municipal
Code provisions related to nuisance junk vehicles and to update other appropriate Code provisions related
to nuisances.
Section 2. Amendment. The following sections of chapter 7.05 SVMC are 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.
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 17.100 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:
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1. A property on which three or more nuisance activities exist or have occurred during any 60-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 12-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 12-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 marling, 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.
"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:
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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 Chapter 7.05 SVMC.
"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 landowner 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.
"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.
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"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
hoRne, or a recreational vehicle placed on a parcel or lot of real property.
"Unlicensed vehicle" means a vehicle that is not displaying a valid license plate and/or current
registration, or which has a license plate that has a displayed expired registration of more than 45 days.
"Vehicle," for the purposes of SVMC 7.05.040, 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.
"Vessel" for purposes of SVMC 7.05.040 shall have the same meaning as set forth in RCW 79A.60.010.
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 clear _view 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.
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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.
2. Garbage, Recyclables, Compost, and Infestations.
a. Garbage or recyclables not properly stored in a receptacle with a tightfitting 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 vessels,_boats, jet -skis, snowmobiles, aircraft, golf carts, 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.
1. 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.
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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):
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;
in. 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.:
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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;
c. 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:
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 batching, 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 and Unlicensed Vehicles. All junk vehicles and unlicensed 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 at a (i) licensed vehicle
dismantler or licensed vehicle dealer business, and the property is fenced pursuant to RCW
46.80.130, or (ii) legally established vehicle repair business.
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 "pants"
vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being
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excepted from compliance in this section. Good faith efforts of repair inay 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 Undei° penalty of peijury 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.
"I'his exception allows LIP 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 PULSUant to
SVMC 7.05.040(N). Under no eimurnstance shallany 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 in any consecutive 12-month period;
4� There shall be allowed as exceptions to SVMC 7.05,04.0(N) LIP to OIICjLliik VC11iCIC Or unlicensed
vehicle in R-1, R-2, R-3, and R-4 zones, so long as it is completely sight -screened by inaintained
landscaping, a maintained landscaped berm, or fencing, as allowed pursuant to any currently adopted
SVMC landscaping, berm, or fencing requirements pursuant to chapter 22.70 SVMC.
0. Graffiti, Any graffiti on public or private properly..
P. Development Code Violations. Any violation Pursuant to SVMC'I'itles 19, 20, 21, 22, 23, 24, and/or
25.
Section 3. Other Sections Unchanged. All, other provisions of chapter 7,05 SVMC not specifically
referenced hereto shall reinain in -full force and. effect.
Section 4. Se�yerqbi�lit . If any section, sentence, clause or phrase of this Ordinance shall be held to be
invalid or unconstitutional by a court of competentjLn'isdiction, SUCh invalidity Or Unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence, clause, or phrase in this
Ordinance.
Section 5. Effective Date. '11-iis Ordinance shall be in full force and effect five days after publication of
this Ordinance or a sm-nmary thereof in the official newspaper of the City of Spokane Valley as provided
by law.
Passed by the City Council this 141" day of November, 2023.
City of Spokane Valley
Pam Haley, Mayor
ATTEST:
ki
Mai i Paitc-I'sty Cl son' L erk
Approved as to Form:
'1,
of the Uty Attorney
Date of Publication: 11-24-2023
Effective Date: 11-29-2023
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