Ordinance 06-004 Repealing SVMC 7.10 and Amending 7.05 C1Tl' OF SPOKANE V:~LLE1'
SPOKANE COUNTY, WASHINGTON
ORUINAtiCE NO. ob-(1~4
AN ORDINANCE OF' T1IE CITIc' OF SPOKANE ~'AI.I,EY. WASHINGTON, REPI:ALItiG I1
ITS Eti?IRF.LY, SPOKANE VALLEY MUNICIPAL CODE CHAPTER 7,10 RF.I,f1TI1G TO
.RINK VEIiICLES; REPEAL11~1G A_NU AMENDING SECTIONS OF THE SPUKAIVE VALLEl'
Ml1NiCIPAL CODE SECTIONS 7.OS.010-200 RELATING TO NUISANCES, SPECIFICALLI'
AMENDING SECT10N5 7.05.020, 030, 040, OSO, AND 060, AND REPEALING SECTIONS
7.05.070, 080, 090, 100, 110, 120, 130, 140, 150, 160, 170, 180, 19(1, .V~1D 200.
WHEREAS, the City of Spokane Vallcw adopted Ordinance 03-083 regulating nuisance
conditions on public and private prnpert}•. Ordinance 03-083 was suhseyuently amended by nrdinancc
04-038 and Ordinance OS-014; and
V~`iIEREAS, the City adopted (~rdinarrce 0.3-013 regulating compliance with ac,de provisic~n~:
and
WHEREA.ti, the hvo i )rdin~nces were suhequently codified as SV111C 7.U~.010-?{)0 and SV1,1C
1O.3O.1 i0-600 respcctivch :and
WIIEREAS, the pnn isiuns of these contain ,erne duplicative sections, contain verbirigc no
longer cansistcnt with City ordinances and procedures, :red require rrvisions to ensue: ccrosistenc}~ and
claritti•; and
WIIEREAS, the ('its adc~ptcd Urdinance 03-OG7 regulating; the keeping of junk vehicles on
private properly, which was subsequently amended by Ordinance 04-009; and
WHEREAS, Ordinance 03-067, as amended by Ordinance 04-OOy, was subsequently codified as
SVMC 7.10: and
WIIEREAS, thr provisions of SV~1C 7.10 address public nuisance istiucs, and should therefore
be included in SVMC 7.03; and
R'iIEREAS, the following changes arc nccessan to protect the health, safety, welfare of the
general public and the cm•imnment:
NOW', T}II:REFORE, the City Council of the City of Spokane Vnlle~. VVashingtc?n ordains as
follows:
Section I . Spokane Valley Municipal Code Chapter 7.10 is repealed in its entirety.
Section Spokane Valley Municipal Cade suctlOnS 7.05.010-200 are herrby amended and~'or
repealed as set forth below.
7,OS,OIO Purpose and intent.
1~te purpose and intent of this chapter is to create and maintain a safe and healthy environment for the
cituens of the City by identifying and reducing the conditions that contribute to injur}~. illness,
devaluation of property, and the incidence of crime through the existence of nuisance conditions on public
and private prn}krt~. ((:~rd 03.OR3 ~ 1. _'003
Ordinance 06-O0-t Amending Nuisance Requiremenrti Pace I of S
7.05.020 Definitions.
"Abate" means to take whatever steps arc deemed necessary by the director to ensure that the pmperty
complies with applicable nuisance ordinance requirements. Abatement may include, but is not limited to,
rehabilitation, demolition, removal. replacement or repair.
"l`ity" means the City of Spokane Valley, Washington.
"Ccxie compliance officer" means a regular or specially commissioned officer sc~ designated by the
director of community development for the City.
`'Days" will be counted as business days when five or fewer days arc alloa~cd to do an act required by this
chapter. ''Days" will be considered calendar days when mare than tive days are allowed to do an aet
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 hislher designer.
"Found in violation" means that:
1. A notice and order has been issued and not timely appealed;
A voluntary compliance agreement has been entered into; or
3. The hearing examiner has determined that the violation has ~xcurred and such determination
has not bean stayed or reversed on appeal.
"Flraring examiner' means the 4ity of Spokane Valle} hr.•rring examiner, as provided by Chapter IO.iS
SV MC as adopted nr hereafter amended.
"Impound." for the purposes of this chapter, means to tukr and hold a vehicle in lebal cusiodv.
"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 tlu-ee of the folh~wing criteria:
A. Is Three years old nr older;
B. Is extensively damabed, such damage including but not limited to any of the fi~llowinc: a
broken window or windshield, or missing wheels, tires, motor, or transmission;
C Is apparently inoperable;
D. 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 effccas of the
nuisance violation where remediation is either impossible or unreasonably burdensome
"Nuisance" means the unreasonable ar unlawful use by a person, of real or personal property, or the
unreasonable, indecent or unlawful personal ccmduct which materially interferes with or jcapardizes the
health, safety, prosperity, quiet enjoyment of property or welfare of others. offends common decency ur
public moralih, car obstructs .~r interferes with the free use of public ~avs, place. or bodies ctf ~?ater.
Ur~inance Uo-OU•t Anzcnding Nuisance Reywrement5 Page of K
"Person" means any individual, association, partnership, corporation or legal entity, public ur prirate, and
the agcros and assigns of such individual, association, partnership, corpwration or Irgal entity.
"Person responsible for a nuisance violation" means the person wfio caused the violation, if that can he
determined, andJor the owner, lessor, tenant or other person entitled to control, use undk~r occupancy of
ttte property where the nuisance violation occur;.
"Prrsc~n(St resp~~rtsihlc fi~r;? junl. vehicle nuitiartce vinlati~:m" ntran~:
~1 The land owner where the junk vehicle is located as shown on die last equali~rd assessment
ro11; and
13. 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
C. The legal o~~~ner ofthe vetticlc.
"Remediate" means to restore a site to a condition which does not pose a probable threat to the Lcneral
public health, safety or welfare.
"Vehicle," for the purposes of SVMC 7.05.0-10(R), includes every device capable of tx:ing 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 h~
human or animal power or used exclusively upon stationary rails or tracks, as set forth in RC~4'
46.0-1.670. (Urd. 03-083 § 2, 2003; Ord. 04-009 § 2, 2004; Ord. 03-067 § 20(1?),
?.Ui.03U Compliance. ziuthority and administration.
A, In order to discourage public nuisances and uthcn~ ise promote compliancz with applicable nuisance
ordinance provisions, the director may, in response to field observations or reliable complaints, determine
that nuisance ordinance violations have excumed or are occurring, and may utilize any of the compliance
provisions contnitted in SVMC 10.30.13. The director is authorized to determine, based upon past
complaints regarding a property. subsequent field investigations, and other relevant criteria, whether a
complaint is reliable. if the director determines a complaint is not reliable. the director is not obligated to
conduct a field investigation. (,Ord. O3-083 § 3, 2003).
7.05.040 Nuisances pmhibitcd.
Na person, firm, or entity shall erect, contrive, cause:, continue, maintain. or perTrtit t~~ exist any public
nuisances within the City. Prohibited public nuisances include, but are not limited to:
A. Vegetation.
1. Overhanging limbs or br~trtches that arc leas thnn eight fees above a public walk«ay or
sidewalk, or less than 14 feet above a public street.
2. Vegetation that obstructs or hinders the use of any public walkway, sidewalk, or street, or that
obstructs ar obscures ttte view of traffic or traffic control devices, ptustrartt to clear-view triangle policies
adopted by the City.
3. Any growth of noxious weeds or any toxic vegetation shall be subject to Chapter 16-750 WAC
as currently adopted and hereafter amended.
Ordinance Uti-UU4 Amendm~ Nuisance ftequiremcnts Pace ? of R
B. Luildings, Structures, hences.
I. [3uildings or portions thereof which arc deemed dangerous by the Spc~kanc Valley building
code (currently adopted Unifcxtn Code for the Abatement of Dangerous Buildings); 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 tmf7ic or trnfiic control devices, pursuant to
clear-view triangle policies adopted by the City.
C. Sidcw'alks.
I. Any protrusion, awning, ur 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 peel+r~
walkway ur sidewalk.
z_ Snow or ice not removed from a public sidewalk within a reasonable time.
•t. Accumulations of dirt or debris not rcmavcd from a public sidewalk.
D. Unauthorized Signs. Any sign not in compliance with the City's currently adapted sign code.
E. Buildinb and Construction Materials. Accumulations, stacks, or piles of building or construction
materials not associated with a current, in-progress project including meat(, 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 Valle}• "Zoning Code.
F. Fire 1=1a7ards. Stacks or accumulations of newspapers, dead vegetation (excluding properly maintained
compost piles), cardboard, or other paper, cloth, or wocxl products (cfi in a manner that could pose a
substantial risk of combustion or the spread of fire.
G. Toxic or Caustic Substances. Improper storing ur keeping of any toxic, flammable, or caustic
substances or materials.
Il. Smvke, Soot, or Cklors. I he escaping ur emitting .+f any unnecess~ err harntful srnnke, sciot, fumes,
or gases or odors r~tTensivr or harmful to per,ons +~f ordinrtr} sensihilities
I. Bodies of Water.
I. Cxeept tier City-apl7rr+eed stntctur~s related to storm drainage systems, all stagnant, pooled
water in which mosquitoes, flies or other insects may multiply.
2. Thc polluting of any waterway, well, or bc+dy of water not suhject to the jurisdiction of the
Spokane Regional Health District.
J Garbage, Rccyclables, Compost, and Infestations.
I .Garbage not kept in a proper receptacle with alight-fitting lid.
Accumulations of broken or neglected items, litter, salvaKe materials, and junk not in art
al,provrd enclosed structure, in the front, back, or side yards of the property.
3. Recyclables not properly stored and regularly disposrid of.
4. Creating or maintaining accumulations of matter, including faod_stuf}s, that harbor or are an
attraction for the infestation of insects ur vermin; failing to eliminate such infestations; or failing to
clirninate intrusi~~r insects.
Ordinance tl(i-U(Lt rlmendin4 Nuisance ftequirrments Page •t of S
h. Furniture and Appliances.
1. All broken ar dis~ardcd housch~~ld furniture, furnishings ur cquiptnenl, ur and appliances not in
an approved enclosed structure, in the front, side, or back yard of a property.
2. All accessible refrigeraIion appliances not having the doors secured or removed, or anv
enclosure that can entrap humans or animals.
L. Hales- Pits, and Excavations. All uncovered holes, pits, ar excavations nol marked or guarded that are
in excess of 10 ar mart inches in width at the tap and four feet or more in depth.
M. Machinery and Equipment. Broken, inoperable, accumulations of, or parts of machinery or equipment
not in an approved enclosed structure, in the front, back, or side yards of the property. "ibis section
excludes nuisance vehicles that ore regulated by SVMC 7.O~.Ua01 R> .
N Attractive Nuisances. Any accessible attractive nuisance to children including, but not limited to,
unattended machinery ar equipment, unsecured abandoned or vacant buildings, open and unattended
vehicle trunks, ~~r ether unguarded conditions or situations that could injure or trap s child
I r1n} noir i~r sound that intrudes int~~ the property of another pcrs~~n that exceeds the mn.ximum
permissible noise levels as established in VNAC 173-60-0.10, as currently adopted and hereafter amended.
2. The frequent, repetitive or continuous sounding of any horn or siren attached to a mater
vehicle. except as a warning of danger or as spcc:ifically permuted by law.
3. The creation of frequent, repetitive or continuous sounds in connection with the starting,
operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal
combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace and
comfort of owners or possessors of real property.
A. The noisy operation of any automobile, truck, motorcycle or other vehicle in such a
nanemergcttcy manner to cause the squealing of tires by the rapid aceelcration of the vehicle; the loud and
continuous grinding, thumping or grading noises from trucks or other commercial vehicles; the engine
compression noise from the unmufiled or poorly muffled compression braking of trucks; the sound from
any motor vehicle audio sound system such as tape players, radios, and compact disc players at volumes
w as to be audible greater than 50 feet from the vehicle itself; and laud, excessive engine ar e.Khaust noise
from unmuffled vehicles or vehicles operating with inadequate muffler systems to prevent unreasonably
loud noises.
1'. Dust. Disturbing the topsoil of any land areA, or permitting the same, by any person without taking
affimurtivc measures to suppress and minimize the blowing and scattering of dust su as to unreasonabh~
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 Gcneml Agricultural zones.
Nuisance Premises. Any premises or structures allowing or maintaining prostitution, lewd be~haviar,
~rndcragc consumption of alcohol, the harboring of juvenile runaways or wanted persons, or where there
is the use, sale, manufacturing or distributing of am• narcotic or controlled substance, or nt which there is
a 1?attern of criminal activity, are prohibited nuisances. ((~rd_ 03-083 § 4, ~t)0 i
Ordinance Oh-O(t.t Amending Nuisance ltcyuirem~nts PaLr S of 8
K. All junk vehicles, or parts thereof, placed, stored or permitted to be located on private property within
the Cit}~ limits are public nuisances to be abated as provided in this chapter. (Ord. O~t-OO9 ~ 3, ZOOM; Ord.
Di.067 § 3,'_003).
! . 1 his chnptrr does not apply to:
a.:'1 vehicle or part thereof' that is completely enclosed within a buitding ui a lawful
manner where it is nut visible from the street or other public ur private property;
b. A vehicle or pan thereof that is stored or parked in a lawful manner on private pmpert}
in connection with the businoss of a liccnsecf dismantler or licensed vehicle dealer, and is fenced
according to the provisions or RCW 4b.ti0.13O;
c. A junk vehicle does not include a vehicle which is in the process of txing 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 sala•aged coneumt:nt with the repair process for the vehicle
being excepted from compliance in this section. Good faint efforts of repair can include producing
invoices showing work or pare purchased for repair or renovation within 30 days prior to issuance of the
notice of violation, or a declarntian under penalty of perjury that the vehicle is in the process of being
rcpairt:d and has been worked on within 3O 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 effiirts of repair extend for more than 120 days, after which time Utis exception shall nu
longer apply. This exception shall apply to one vehicle and ane pans vehicle per parcel of land per
calendar near.
d. 1'hcrc shall be allowed as exceptions to this chapter up to two sunk vehicles in IJR-±.
and l(R-7 zones, so long as they are completely sightscreened by maintained Typc I ur II landscaping. <<
maintained landscaped bernt, ur fencing, as may Ix required in the currently adopted 'Coning Code. Junk
vehicles allowed by this exception are restricted to only the l1R-?.5 and UR-7 cafes. (Ord. 0-3-009 § 4,
200; Ord. U +-067 5 -1. 300 ~ 1.
?.US.U.SU Initial investigation.
A. l)pun receipt ufa complaint, field verification should be made if possible prior tu, concurrent with, ur
shortly after notifying the person responsible fiir the nuisance violation or alleged nuisance violation
li. Advising interested parties of nc:eipt of complaint and/or field investigation:
1. The person responsible for the nuisance violation should be advised of any complaint. by
Ix;rsanal contact, phone, posting and mail (return receipt requested). The letter should state that a
violation may have cx:curred, but has not been verified, and should ask the recipient to contact the person
issuing the letter.
late complainant should be contacted by phone acrd, if possible, in person during the field visit.
C. The director will record all violations in a database system, including a list of all actions taken on the
complaint,
D. To the extent possible, lire director shall check the City's records and the records oC other agencies fur
previous violations on the site of the alleged violation or h_v the owner or r~ccupant of thr Site car such
either p~r.c~n as may he responsible for the nuisance ti iolation
C?rdinance U~-OIl-t Amending Nwsancr Kequirements Pine li of 8
5tnti~undertnking Held investi?;utions shall comply with the pmvisions of this chapter regarding nsht
of entry. (Ord. 03-083 § 5.2003
7.05.060 Procedures w•ben probable nui;sanct violsrtion is identified.
A. The director shall determine, based upan 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.
E3. Cxcept 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. l'he warning shall inform the person determine 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 Shull be logged and
followed up with a written warning within five days, and the site shall be rc-inspextcd within 14 days.
C. The guidelines set forth for warnings, notifications and re-inspections arc not jurisdictional, and failure
to meet them in any particular case shall not affeea the l ity's authority to enforce nuisance prrn~isinns
with regard to that case.
D. No warning need be issued in emcrgenr.ics, n:peat violation cases, cases that arc already subject to a
voluntary compliance a~eement, cases where the violation creates, ar has created, a situation or condition
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 ~ iolatiun is
unlikely to hr fully corrected within 72 hours.
F. The director shall use all reasonable means to determine the pers~~n actually responsible for the
nuisance violation occumng when the pmpcrty owner has not directly or indirectly caused the violation.
G_ If the violation is not corrected, the director shall utili~r the enforcement provisions contained in
SVMC 10.30 a_s adopttad or hereaficr amended to obtain compliance with the applicable code pmvisions.
I All complainants will be asked by stafl'at the time the complaint is filed whether they wish to he kept
advised of compliance efforts. Any complainant who provides a mailing address and requests to be Dept
advised of compliance efforts should be maile a copy of all written warnings, voluntary compliance
aktn:ements, and notice and orders issued by the director with regard to the alleged violation. Any
complainant may appeal a determination of nuisance ordinance compliance issued by the director
pursuant to SVMC.1 Q.30.SG0. (Ord. U3-083 ~ 6, 20(13).
Section 3. SevcYrabilitt. If any section, sentence, clause or phrase of this Ordinance should be held to
be invalid or unconstitutional by u court ofcotnpctcnt jurisdiction, such invalidity or unconstittctionalit}• shall
not affect the validity or canstitutirnalit} of am' other section. sentence. clause: or phrase of this Chdinartce.
llydiri;an~e (lti-U(l.t ;1rte?t~ling Nuisance Requirements Poe of fi
Section l;ffiective Date. This Ordinance shall be in full force and et'fect five (5) days aRcr
public:.ntion of the ordinance, or a summary thermf, occurs in the official newspaper of the City as provided
bti la...
f'ntitil-l) h~ the Cin Cowtcil this ~8"' day of i:ehtvar,, 2(1Ori.
' y.
Mayor, Diana Wilhite
A
City Cleo:. Christine Bainbridge
Approved as to Form:
c)t"ficc of t Ctty Atto i
Uate of i'ublication: 3
Effective [)ate: ~
a ~ ~f~
llyd~nanee ~)r,-(}U•! ,lmendinc~ Nuisance llequire~nrnts ('ale 8 ~~f 3