Ordinance 12-026 Amending SVMC 7.05 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 12-026
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY,
WASHINGTON,AMENDING SECTIONS 7.05.020,7.05.030,7.05.040,7.05.050,AND 7.05.060 OF
THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO NUISANCE CONDITIONS ON
PRIVATE PROPERTY; AND OTHER MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
(SVMC) Chapter 7.05 in order to maintain a safe and healthy environment by regulating nuisance
conditions that contribute to injury, illness, and devaluation of property; and
WHEREAS, since adoption of these provisions, the City has gained additional insight in how to
better identify and regulate such nuisance conditions; and
WHEREAS, certain existing provisions within SVMC Chapter 7.05 should be amended to better
reflect the City's current practice of identifying and regulating such nuisances and the types of conditions
that constitute a nuisance. Such changes directly relate to the life,health and safety of the City's citizens.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1. Amending Spokane Valley Municipal Code 7,05,020 Regarding the Definition of
"Person Responsible for a Nuisance Violation". Spokane Valley Municipal Code section 7.05.020 is
hereby amended as follows:
"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 Iimited 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.
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"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 18.20
SVMC as adopted or hereafter amended.
"Impound,"for the purposes of this chapter, means to take and hold a vehicle in legal custody.
"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:
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.
"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(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
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3. The legal owner of the vehicle.
"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, including any public rights-of-way abutting a person, firm, or entity's property where the
nuisance violation occurs
"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(P), 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. Amending Spokane Valley Municipal Code 7.05.030 Regarding the Compliance,
Authority and Administration of Nuisance Violations, Spokane Valley Municipal Code section 7.05.030
is hereby amended as follows:
In order to discourage public nuisances and otherwise promote compliance with this Chapter, the director
may, in response to field observations, determine that violations of this Chapter have occurred or are
occurring, and may utilize any of the compliance provisions contained in Chapter 17.100 SVMC.
Section 3. Amending Spokane Valley Municipal Code 7.05.040 Regarding the Type of Nuisances to
be Regulated. Spokane Valley Municipal Code section 7.05.040 is hereby amended as follows:
No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public
nuisances within the City, including 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 8 feet over any public
walkway or sidewalk; or hang lower than 14 feet over any public street, or which
are growing thereon in such a manner as to obstruct or impair the free and full
use of the walkway, sidewalk, or street by the public, or violate clearview
triangle policies adopted by the City. The City shall be responsible for
maintaining all vegetation placed by the City adjacent to a public sidewalk,
walkway, or roadway.
2. Any growth of noxious weeds or any toxic vegetation shall be subject to
Chapter 16-750 WAC as currently adopted and hereafter amended.
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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
clearview 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 culTent, 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.
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.
b. All accessible refrigeration appliances not having the doors secured or removed, or any
enclosure that can entrap humans or animals.
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4. Machinery and Equipment. Broken, inoperable, accumulations of, or parts of machinery or
equipment not in an approved enclosed structure. This subsection does not include junk 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, as determined by the Fire Marshall.
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 173.60.010, as currently adopted and hereafter
amended.
2. Sounds created by use of a radio, television set, musical instrument, sound amplifier or any other
device capable of producing or reproducing sounds, which emanate frequently, repetitively or
continuously from any building, structure or property located within a residential area, and which
annoy or disturb the peace,comfort, or repose of a person of reasonable sensitivity.
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. Any other sound occurring frequently, repetitively, or continuously which annoys or disturbs the
peace, comfort,or repose of a person of reasonable sensitivity.
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M.Dust. Disturbing the topsoil of any Iand 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.
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.
0. 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 of 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 Il 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.
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Section 4. Amending Spokane Valley Municipal Code 7.05.050 Regarding the Initial Investigation
of a Nuisance. Spokane Valley Municipal Code section 7.05,050 is hereby amended as follows:
A.Upon receipt of a complaint, field verification should be made if possible prior to, concurrent with, or
shortly after notifying the person responsible for the nuisance violation or alleged nuisance violation.
B. Advising interested parties of apparent violation:
1. The person responsible for the nuisance violation should be advised of any apparent violation,
which may be by personal contact, phone, posting or regular mail. The letter should state that a
violation may have occurred, but has not been verified, and should ask the recipient to contact
the person issuing the letter.
C. The director will record all violations in a database system, including a list of all actions taken on the
complaint.
D. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right
of entry.
Section 5. Amending Spokane Valley Municipal Code 7,05.060 Regarding the Procedures When
Probable Nuisance Violation is Identified. Spokane Valley Municipal Code section 7.05.060 is hereby
amended as follows:
A, The director shall determine, based upon information derived from sources such as field observations,
the statements of witnesses, relevant documents and data systems for tracking violations and applicable
City codes and regulations,whether or not a nuisance violation has occurred. As soon as the director has
reasonable cause to determine that a violation has occurred, he or she shall document the violation and
promptly notify the person(s)responsible for the nuisance violation.
B. Except as provided in subsection D of this section, a warning shall be issued verbally or in writing
promptly when a field inspection reveals a violation, or as soon as the director otherwise determines a
nuisance violation has occurred. The warning shall inform the person determined to be responsible for a
nuisance violation of the violation and allow the person an opportunity to correct it or enter into a
voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and
followed up with a written warning within five days, and the site shall be reinspected..
C. The guidelines set forth for warnings, notifications and reinspections are not jurisdictional, and failure
to meet them in any particular case shall not affect the City's authority to enforce nuisance provisions
with regard to that case.
D.No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a
voluntary compliance agreement, cases where the violation creates, or has created, a situation or condition
Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 7 of 8
that is not likely to be corrected within 72 hours, or when the person responsible for the nuisance
violation knows, or reasonably should have known,that the action was a nuisance violation.
E.Notice and orders should be issued in all cases where the director determines that the violation is
unlikely to be fully corrected within 72 hours.
F. If the violation is not corrected, the director shall utilize the enforcement provisions contained in
Chapter 17.100 SVMC as adopted or hereafter amended to obtain compliance with the applicable code
provisions.
Section 6. Remainder of SVMC 7.05 Unchanged. The remaining provisions of SVMC Chapter 7.05
are unchanged by this amendment.
Section 7. 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 8. Effective Date. This Ordinance shall be in full force and effect five days after the date of
publication of this Ordinance or a summary thereof in the official newspaper of the City.
Passed this 23'd.clay of October,2012.
/ /3
- M or, Thomas E. Towey
A - . T
( .1-- b.,_, /5.4"\;.k(',
City Clerk Christine 13ai e
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Approved As,T4 Form: - /
. ,1..„,, - A, ...u.41,11. . �/
Offic-`i f the City r-Fttorney
Date of Publication: //- ,r. //Z
Effective Date: 1/ - 2—/
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