Ordinance 18-001 Nuisances CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDiNANCE NO. 18-001
AN ORDINANCE OF TILE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING CHAPTER 7.G5 OF THE SPOKANE VALLEY MUNICiPAL
CODE REGARDiNG CHRONIC NUISANCES AND 011-1ER UPDATES,AMENDING CHAPTER
17.100 OF THE SPOKANE VALLEY MUNiCIPAL CODE REGARDING ADMINISTRATIVE
CODE ENFORCEMENT PROCEDURES, AMENDING CHAPTER 17.111E OF THE SPOKANE
VALLEY MUNICiPAL CODE REGARDING WAIVER OF CODE ENFORCEMENT APPEAL
FEES,AMIENDING APPENDIX A OF THE SPOKANE VALLEY MUNICIPAL CODE RELATED
TO NUISANCES, AND OTHER MATTERS REiA II NG TkiJ41RETO.
WI IEREAS, pursuant to RCW 35A.I 1,020 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 a 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
WI IEREAS, the City has adopted chapter 7.05 of the Spokane Valley Municipal Code(SVMC) to
declare what conditions shall be public nuisances within the City, which conditions include, hut are not
limited to garbage,junk, machinery parts,and other materials improperly stored on property,junk vehicles,
excessive dust, excessive noise; and
WI IEREAS, the City has adopted chapter 17-100 SVNIC to provide administrative procedures for
enforcement of code violations, including public nuisances; and
WHEREAS,there exist within the City a number of properties that are creating significant adverse
impacts on the surrounding neighborhood due to the high amount of drug and other criminal activity
occurring at the property; and
WI IEREAS,the City Council finds that elm mating chronic nuisances where a high amount of drug
and other criminal activity occurs is in the best interest of the public hearth, safety, and vel m; and
WIIEREAS,the City Councir desires to amend the applicable nuisance provisions in the SVMC to
allow the City to address and eliminate chronic nuisances and to provide necessary updates to other
provisions fortlhe 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 that there exist within the City a number of properties
with a high amount of drug and other criminal activity occurring at the property and that these properties
create a significant adverse impact on the surrounding neighborhood. The City Council further finds that
eliminating such chronic nuisances is in the best interest of the public health,safety, and welfare, The City
Council hereby finds it appropriate Io attend the Spokane Valley Municipal Code to provide for provisions
Ordinance 18-001 Regarding Nuisances Page 1 of 13
related to chronic nuisances and to update other appropriate Code provisions related to nuisances and
nuisance abatement procedures.
s.
Section 2. Amendment. Chapter 7.05 SVMC is hereby amended as follows:
7.05.0111 Purpose and intent.
The purpose and intent of chapter 7.05 SVMC is to create and maintain a sate and healthy environment for
the citizens of the City by identifying and eliminating the conditions that contribute to injury, illness,
devaluation of property,and the incidence of crime through the existence of nuisance conditions on public
and private properly.
•
7.95.021) Definitions.
In addition to any definitions contained in Appendix A, the following 3 cords shall, for the purposes of
chapters 7.05 and 17.100 SVMC, be defined as:
"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 trove 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 SVIvIC,
"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 ill legal custody pursuant to law,
"inoperable" means incapable of being operalecl legally on a public highway, including, hut 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 fol lowing 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 windshiekl, or missing wheels, tires,motor, or transmission;
3. Is apparently inoperable;
1. I las 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 ow ission of conduct which materially interferes with, obstructs,
or jeopardizes the health, safety, prosperity, quiet enjoyment of properly, 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.
"On-going criminal activity related to the premises.'means that(I)criminal activity is or has been occurring
at the premises; or(2) criminal activity is or has been oe cuiTmg near the premises and such activity has a
Ordinance 1 l-001 Regarding Nuisances Page 2 of 13
reasonable and proximate connection to the premises, whether by owners, occupants, or persons visiting
such owners or occupants. Examples of conduct or actions that constitute criminal activity occurring at or
near the premises of the subject 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
_ Commission of a misdemeanor,gross misdemeanor, or felony at or noir the premises and where
there is a reasonable and proximate connection between the crime or criminal and the premises,
including those visiting the owner or occupants of the premises;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[he actions
identified in(l)-(3)above;provided that visits alone may not form the sole basis for determining a
premises to be a chronic nuisance premises,
For purposes of this definition, service of warrants, arrests, or commission of misdemeanor or felony
domestic violence shall not be considered criminal activity.
"Person"means any public or private individual,sole proprietorship, association, partnership, corporation,
or legal entity,.whether Mr-profit or not-for-profit, and the agents and assigns thereof.
"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, lessor, tenant, or other person(s) entitled to control, use, and/or
occupancy of the property and the abutting public rights-of-way.
"Person(s)responsible for a junk vehicle nuisance violation" means any one or more of the following:
I, 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 Iaw; or
3. The legal owner of the vehicle,
"Vehicle," for the purposes of SVMC 7.05.04O(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,O5.030 Compliance:,authority and administration.
In order to discourage. public nuisances and otherwise promote compliance with chapter 7_O5 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 with in 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:
Ordinance 18-001 Regarding Nuisances Page 3 of 13
A. Vegetation.
1. Any vegetation,or parts thereof, which hang lower than eight feet above any public walkway or
sidewalk;or bang lower Than. 14 feet above any public street;or w}s ieh arc 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.. Buildin.gs 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.
I, Building and Construction Materials, Any accumulation, stack, or pile of building or
construction materials, including but trot limited to metal, wood, wire, electrical, or plumbing
materials, riot associated with a current, in-progress project and not in a lawf it storage structure or
container. This provision does not apply to a designated contractor's yard.
2. Garbage, Recyclahles, 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.
e. Creating or mainiaining 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 ftu'niture, furnishings, equipment, or appliance not
in an approved enclosed structure.
b. Any enclosure which may entrap a Truman or am 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 riot in an approved enclosed structure_ SV MC 7.{)5_{)40(D)(tl) 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 7,05,044(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 off-ire, as determined by the 1-ire Marshal.
F."l'oxic 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, fume=s, gases, or
odors which arc offensive or harmful to a reasonable person.
Ordinance 18-{)I Regarding Nuisances Page I cat 13
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 lii°nited
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 WAC ]73-60, 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 he exempt from.the provisions of SV MC 7.05.040(K)(l):
a. Normal use of public rights-o#-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 arc 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 live 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 properly where human beings
reside or sleep;
k. Sounds originating from existing natural gas transmission and distribution facilities;
I. Sounds created in conj unction 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 occun-ing 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 folIowirg shall be exempt from provisions of SVMC 7.O5.040(K)(1) between the hours of 7:00 a.m.
and 10:00 p.m_:
a. Sounds originating from residential property relating to temporary projeets for the repair or
maintenance of homes, grounds, and appurtenances;
Ordinance 18-001 Regarding Nuisances Page 5 of 13
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 he conducted at remote sites whenever
possible;
e. Sounds creaked 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,ni. 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 fruni the quarrying, blasting and mining of minerals or materials, including,
but not l i in ited 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 deist, which unreasonably interferes with the peace,
comfort,or repose oi'a reasonable person, This provision does not include permitted agricultural activities.
M. Yard Sales. The holding or perwilting of either:
I. A yard sale on the same lot for (i) more than seven consecutive days; (ii) 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 1:o 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 inehide 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 peijury that the vehicle is in the process
of being repaired and has been worked Ott within 30 days prior to issuance of the notice ofviolation.
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). tinder 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 parrs vehicle per parcel of land per calendar year;
4- There shall he allowed as exceptions to SV MC 7,05.140(N) up to two junk vehicEes in 1t-1, k-
2, and It-33 zones, so long as they are completely sight-screened by maintained landscaping, a
turdiaraurce18-001Regarding Nuisances Page 6fsF13
maintained landscaped berm, or fencing, as allowed pursuant to any currently adopted SVMC
landscaping, berm, or fencing requirements.
0. Graffiti, Any graffiti on public or private property.
P. Development Code Violations. Any violation pursuant to Titles 19,20,21,22,2.3,24, andior 25 S V MC.
7.05.045 Chronic Nnisasrce.s.
A. The City Manager or designee may declare that a parcel or lot of real property, a building, including but
not 1 imited to the structure or any separate part of portion thereof, whether permanent or not,or the ground
itself,or a unit within a building, constitutes a chronic nuisance when any of the followi ng conditions occur:
1. During any continuous 12-month period,the property in question:
(a) a final determination has been made by the City that conditions on the property
constitute a nuisance pursuant to chapters 7_{15 SV MC and 17.100 SVMC; and
(b) has four or more occurrences of on-going criminal activity related to the premises; or
2. During any 12-month period, the property in question has five or more occurrences of on-going
eritn ina] activity related to the premises_
B. Defenses. It shall be a defense against a declaration of chronic nuisance if the person alleged to be
responsible for the nuisance (I) affirmatively engages in reasonable and ongoing efforts to remedy the
nuisance and/or on-going criminal activity; and (2) is not the perpetrator nor allows the perpetration of the
nuisance or on-going criminal activities.
7.05,050 Repealed.
7.05.060 Procedures when probable nuisance violation is identified.
The City shall follow procedures pursuant to chapter 17.100 SVMC to identify nuisances, enforce the
provisions of; and to remedy and abate any of the nuisances prohibited under chapter 7.05 SVMC.
Section 3. Amendment, The following sections of chapter 17.100 SVMC are hereby amended as follows.
Any section of chapter 17.100 SVMC not identified herein shall remain unchanged.
17.100.030 Enforcement,ment, s uihor'ity,and administration.
A. In order to discourage public nuisances and otherwise promote compliance with applicable code
provisions, the City may, in response to field observations, determine that violations of Titles 17 through
22 and 21 SVMC and chapter 7.05 SVMC have occurred or are occurring,and may:
1.Enter into voluntary compliance agreements with persons responsible for code violations;
2, Issue notice and orders, require voluntary compliance, assess civil penalties, and recover costs
pursuant to chapter 17.100 SVMC;
3. Require abatement by means of a judicial abatement order, and if such abatement is not timely
completed by the person or persons responsible for a code violation, undertake the abatement and charge
the reasonable costs of such work pursuant to chapter 17.100 S rtVIC;
4. Allow a person responsible for the code violation to perform community service in lieu olpaying
civil penalties pursuant to chapter 17.100 SVMC;
5. Order work stopped at a site by means of a stop work order, and if such order is not complied
with, assess civil penalties pursuant to chapter 17.100 SVMC;
6, Suspend, revoke, or modify any permit previously issued by the City or deny a permit application
pursuant to chapter 17.100 SVMC when other efforts to achieve compliance have failed; and
7, Forward a written statement providing all relevant information relating to the violation to the
office of the city attorney with a recommendation to prosecute willful and knowing violations as
misdemeanor offenses.
Ordinance 18-001 Regarding Nuisances Pap,:7 or 13
B. The procedures set forth in Chapter 17.100 SVMC are not exclusive. 'These procedures shall not in any
manner limit or restrict the City from remedying or abating violations of SVMC Titles 17 through 24 and
chapter 7.05 SVMC in any other manner authorized by law,
C:. ]n addition to,or as an alternative to, utilizing the procedures set forth in chapter 17.100 SVMC,the City
may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a
code violation.
D. In addition to,or as an alternative to,utilizing the procedures set forth in chapter 17.100 SVMC,the City
may assess or recover civil penalties accruing pursuant to chapter 17.100 SVMC by legal action tiled in
Spokane County district court or superior court.
E. The provisions of chapter 17.100 SVMC shall in no way adversely affect the rights of the owner, lessee,
or occupant of any property to recover all costs and expenses incurred and required by chapter 17.100
SVMC from any person causing such violation.
F, In administering the provisions for code compliance, the City shall have the authority to waive any one
or more such provisions so as t cu avoid substantial injustice. for purposes of SVMC 17.100.030,substantial
injustice may not be based exclusively on financial hardship.
G. The City may, upon presentation of proper credentials, with the consent of the owner or occupier of a
building or premises, or pursuant to a lawfully issued court order, enter at reasonable limes any building or
premises subject to the consent or court order to perform the duties imposed by the SVMC, It is the intent
of the city counei l that any entry made to private property for the purpose of inspection for code violations
he accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings
of'the relevant court eases regarding entry.The right of entry authorized by chapter 17.100 SVM :shall not
supersede those legal constraints.
H, The City may request that the police,appropriate fire district,Spokane Regional Health District,or other
appropriate City department or other non-City agency assist in enforcement_
17.100.050 Procedures when probable violation is identified.
A. The City 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 nota violation has occurred, As soon as the City has reasonable cause to
determine that a violation has occurred, the violation shall be documented and the person responsible for
the code violations promptly notified.
B. Except as provided in SVM[ 17.100.050(C), a warning shall be issued verbally or in writing promptly
when a field inspection reveals a violation, or as soon as the City otherwise determines a violation has
occurred, The warning shall inform the person determined to be responsible for a code violation of the
violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement
pursuant to ehapler 17.100 SVMC.Verbal warnings shall be logged and followed up with a written warning
within five days, and the site shall be reinspected within 14 days.
C, 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
that is not likely to be corrected within 72 hours, cases where a stop work order is necessary, or when the
person responsible for the code violation knows, or reasonably should have known, that the action was a
code violation.
Ordinance 18-001 Regarding Nuisances Page 8 4)1-.13
1]. Noliec and orders may be issued when a violation has been found and a voluntary compliance agreement
has not been entered. When determining whether to issue a notice and order, the City may consider a
number of relevant factors and criteria, including but not limited to the severity of the public impact of the
nuisance violation, the time and cost to abate the nuisance violation,the likelihood to recover any costs of
abatement, and the available City resources to abaEc the nuisance violation,
F. The City shall use all reasonable means to determine and proceed against the person(s) actually
responsible for [he code violation occurring when the property owner has not directly or indirectly caused
the vie lotion_
F. The warning shall spcei#y a reasonable time frame for abatement of the violation,which may be modified
based upon abatement progress; provided,however, that the initial amount of time for abatement shall not
be longer than 30 days. A notice and order or stop work order shall he issued in the event the violation is
not corrected or a voluntary compliance agreement is not entered into in the time period specified in the
warning_ Stop work orders should be issued promptly upon discovery of a violation in progress.
17.100.060 Service—Notice and Order and Stop Work Order.
A. Service of a notice and order shall be made on a person responsible for a code violation by one or more
of the following methods:
i. Personal service of a notice and order may be. made on the person identified by the City as being
responsible for the code violation, or by leaving a copy of the notice and order at the person's house of
usual abode with a person of suitable age and discretion who resides there, For corporations and business
entities, in-person service shall be on the registered agent as listed in the records of the Washington State
Secretary of State;
2_ Service directed to the landowner and/or occupant of the property may he made by posting the notice
and order in a conspicuous place on the property where the violation occurred and concurrently mailing
notice as provided for below, if a mailing address is available; or
3. Service by mail may be made for a notice and order by mailing one copy, postage prepaid, by ordinary
first class mail to the person responsible for the code violation at his or her last known address, at the
address of the violation, oral the address of the registered agent as shown in the records of the Washington
Slate Secretary of State for corporations and business entities.Except for corporations and business entities,
the taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper
address for the purpose of mailing such notice to the landowner ofthe property where the violation occurred.
Service by mail shall be presumed effective upon the third business day following the day upon which the
notice and order was placed in the mail.
fi. For notice and orders only, when the address of the person responsible for the code violation cannot be
reasonably determined, service may be made by publication once a week for two consecutive weeks in an
appropriate regional or neighborhood newspaper or trade journal. Service by publication shall be deemed
complete at the expiration of the time pre-scribed for publication. A notice and order served by publication
shall be signed by a code enforcement officer, shall include the dates of the publication, and shall contain
a brief statement of the nature of the action and how it can be remedied.
C, Service of a stop work order on a person responsible for a code violation may be made by posting the
stop work order in a conspicuous place on the property where the violation occurred or by serving the stop
work order in any other manner permitted by Chapter 17.100 SVMC,
D. The failure of the City to make or attempt service on any person named in the notice of violation,notice
and order, or stop work order shall not invalidate any proceedings as to any other person duly served.
Ordinance 18-OO 1 Regarding Nuisances Page 9 of 13
17.100/50 Civil penalties—Assessment schedule.
A. Civil penalties for code violations shall be imposed for remedial purposes for violations identified in a
notice and order or slap work order, pursuant to the fallowing schedule:
Violation Penalty Amount
First violation $500
Second separate violation within
three year period (may be same $1,000
type of nuisance as initial
violation)
Each subsequent separate
violation within three year
period (may be same type of $2,000
nuisance as previous
violation(s))
Violation which is likely to
result in all economic benefit to $10,000
the person responsible for the
violation
Chronic nuisance violation $2,500
pursuant to S IvIC 7.05.045
C. Civil penalties shall he paid within 20 days of service of the notice and order or stop work order if no[
appealed. Payment of the civil penalties pursuant to chapter 17.100 SVMC does not relieve aperson found
to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all
civil penalties or other cost assessments issued pursuant [o chapter 17.100 SVMC.
D. The City may suspend civil penalties if the person responsible for a code violation has entered into and
fulfilled all requirements of a voluntary compliance agreement pursuant 10 SVMC 17.100,I00_
E. Civil penalties which are assessed create a joint and several personal obligation in all persons responsible
for a code violation.
17.1011.300 Cost recovery.
A. In addition to the other remedies pursuant to chapter 17.100 SVMC, upon issuance of a notice and order
or stop work order, the City shall charge the costs of pursuing code compliance and abatement incurred to
correct a code violation to the person responsible for a code violation, These charges include:
[, Reasonable Legal Fees and Costs. For purposes of SVMC 17.100.300,"reasonable legal fees and costs"
shall include, but are not limited to, legal personnel costs, both direct and related, incurred to enforce the
provisions of chapter 17.100 SV MC as may be allowed by law;
2. Administrative Personnel Costs. For purposes of SV MC 17.100.300, "administrative personnel costs"
shall include, but are not limited to, administrative employee costs, both direct and related, incurred to
enforce the provisions of chapter 17.100 SM.C;
3_ Abatement Costs. The City shall keep an itemized account of costs incurred lythe City in the abatement
ofa violation under chapter 17.100 SVMC; and
Ordinance 18-001 Regarding Nuisances Page 10 of 13
�l- Actual expenses and costs of the City in preparing notices,specifications,and contracts;in accomplishing
or canlraeting and inspecting the work; and the costs of arty required printing,mailing, or court filing fees,
B. Such costs are due and payable 30 days from mailing of the invoice.
C. MI costs assessed by the City in pm-suing code enforcement andlor abatement create joint and several
personal obligations in all persons responsible for a violation, The office of the city attorney, on behalf of
the City, may collect the costs of code compliance efforts by any appropriate legal means.
17.100.310 Collection of civil penalties,fees,and casts.
A. The City may use the services of a collection agency in order to collect any civil penalties, fees, costs,
and/or interest owing under chapter 17.100. SVMC.
13- In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may,
after abating a violation pursuant to chapter 17.100 SVMC,file for record with the Spokane County Auditor
to claim a lien against the real property for the civil penalties,fees, and costs assessed pursuant to chapter
17.100 SVMC if the violation was reasonably related to the real property, in accordance with any lien
provisions authorized by state law.
C. Any lien filed shall be subject to priority pursuant to slate law, including but not limited to RCW
35A-21A05, as now adopted or hereafter amended. Any such claim of lien may be ani ended from time to
time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided
for by state law.
17.1011320 Abatement.
A. Emergency Abatement. Whenever a condition constitutes an immediate threat to the public health,
safety, or welfare or to the environment, the City may summarily and without prior notice abate the
condition. Notice of such abatement, including the reason for it,shall be given to the person responsible for
the violation as soon as reasonably possible after the abatement,
B. Judicial Abatement. The City may seek a judicial abatement order from Spokane County superiur court
to abate a condition which continues to be a violation of SV MC where other methods of remedial action
have failed to produce compliance.
C. -111e City shall seek to recover the costs of abatement as authorized by chapter 17.100 SVMC.
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 condition deemed a chronic nuisance pursuant to SVMC
1.05.045 where other methods of remedial action have failed to produce compliance. This abatement order,
in addition to the remedies outlined in the remainder of chapter 17.100 SVMC, may seek abatement of the
chronic nuisance as follows;
Direct the removal of all personal property subject to seizure and forfeiture pursuant to
RCW 69.50.505 from the property, building, or unit within a building, and direct their
disposition pursuant to the forfeiture provisions of RCW 69,50,505;
Ordinance 18.001 Regarding Nuisances Page 11 of 13
2. Provide for the immediate closure of the property, building, or unit within a building
against its use for any purpose, and for keeping it closed for a period of up to one year
unless released sooner pursuant 10 chapter 17.100 SVMC; and
3. State that while the order of abatement remains in effect, the property,building, or units)
within a building shall remain in the custody of the court.
B. The-City may seek to recover the costs of abatement pursuant to chapter 17.100 SVMC.
17.1011.340 Judicial enrforcement—Petitirrn for enforreemord.
A. In addition to any other judicial or administrative remedy, the City may seek enforcement of the City's
order in Spokane County Superior Court.
B.The City shall name as a respondent each person against whom the City sacks to obtain Civil en.loreement.
C. In seeking Superior Court enforcement, the City may request monetary relief, declaratory relief,
temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination
of the foregoing.
Section 4. Amendment. Chapter 17.110 SVMC is hereby amended as follows:
17.110.010 Master fee schedule.
All fees and penalties for development perrtils, code interpretations, violations of provisions of SVMC
Title 17 or allowed appeals shall be set forth in the City master fee schedule.. A copy of'th is schedule shall
be available from the City Clerk,
17.110.020 Waiver of code enforcement appeal fee..
A, A person, on the basis of indigent status,may request, in writing,a waiver of the appeal fee of any code
enforcement decision made pursuant to chapter 17.100 SV MC if such indigent status exists because:
1. The person is currently receiving assistance under a needs-based, means-tested assistance
program including, but not limited to, the following Federal Temporary Assistance for Needy
Families; State-provided general assistance for unemployable individuals; Federal Supplemental
Security Income; Federal poverty-related Veteran's benefits; and food stamps programs; or
2. Tie person's household income is at or below 125% of the federal poverty guideline; or
3. The person's household income is above 125% of the federal poverty guideline and the
applicant has recurring basic living expenses (as defined in RCW 10.101.010(2)(1)) that render
the person without the financial ability to pay the appeal fee;or
4. There are other compelling circumstances that demonstrate the person's inability to pay the
appeal fee.
B. A person seeking a waiver of the appeal fee of a code cnfor'ecment decision shall include written
proof of indigent status in the written.r-equest to waive the appeal fee.
C. 'l'he City Manager shall consider and make a written determination ination of the waiver request prior to
the appeal hearing. The City may schedule a hearing while the waiver request is being processed; provided,
however, the City shall not conduct the hearing if a waiver request is denied until payment is made.
Ondintanus] 12i-001 Regarding Nuisances Page 12 of 13
Section 5. Amendment. Appendix A. of the SVMC is hereby amended as follows:
A. General Provisions.
1. For the purpose of this code, certain words and terms are herein defined. The word "shall" is
always mandatory. The word "may" is permissive, subject to the judgment of the person administering the
code.
2. Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary.
3. The present tense includes the future and the present.
4, The singular number includes the plural and the singular.
5, Use of male designations shall also include female.
le.
13. Definitions.
AASHTO: American Association of State IIighwayand Transportation Officials.
Abandoned:Knowing relinquishment by the owner, of right or claim to the subject property or structure on
that property, without any intention of transferring rights to the property or structure to another owner,
tenant, or lessee, or of resuming the owner's use of the property, "Abandoned" shall include but not he
limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure.
"Abate"niearrs 10 lake whatever steps are deemed necessary by the City Manager or designee to ensure that
the property complies with applicable SVMC requirements. Abatement may include, but is not limited to,
rehabilitation, demolition,removal,replacement, or repair,
*+*
Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be
invalid or unconstitutional by a courtof competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section,sentence, clause,or phrase in this Ordinance.
Section 7. Effective Date. This Ordinance shall be in full force and effect five 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 by the City Council this 16t1'day of January, 2018,
City - Spokane Valley
r?
, Arifi r --111V-b------, - ........
ATT"F,,., 1111
5.-afr.°14 L_1t. 11i ins
City Clerk, Christine Bainbridge .
App cd as t 'arm:
/4442.41/
Officec.Dhe Ci[ Corney
Date of Publicatiow January 19, 2018
Effective Date: January 24, 2018
Ordinance 18-001 Regarding Nuisances Page 13 of l3