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HomeMy WebLinkAboutOrdinance No. 2020-009 An Ordinance Adopting a New Title 7 of the Arlington Municipal Code Regarding Nuisances ORDINANCE NO. 2020--009 AN ORDINANCE ADOPTING A NEW TITLE 7 OF THE ARLINGTON MUNICIPAL CODE REGARDING NUISANCES WHEREAS, the City has the legal authority to regulate and prohibit nuisance activities within the City of Arlington; and WHEREAS, the City Council wishes to provide tools to its staff to deal with nuisance activity and to assist property owners in protecting their properties; and WHEREAS, the City deems adoption of this ordinance to be in the public interest; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON WASHINGTON AS FOLLOWS: Section 1. A new title 7 of the Arlington Municipal Code entitled "Nuisances" shall be and hereby is adopted, to read as follows: TITLE 7--NUISANCES Chapter 7.05 NUISANCES Sections: 7.05.010 Purpose and intent. 7.05.020 Definitions. 7.05.030 Compliance, authority and administration. 7.05.040 Public Nuisances prohibited. 7.05.045 Chronic nuisances. 7.05.050 Procedures when probable nuisance violation is identified. 7.05.010 Purpose and intent. The purpose and intent of this Chapter 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, and the incidence of crime through the existence of nuisance conditions on public and private property. ORDINANCE 2020-009 1 7.05.020 Definitions. In addition to any definitions contained elsewhere in the Arlington Municipal Code, the following words shall, for the purposes of Chapters 7.05 and 11.02 AMC, be defined as follows: "Days" are counted as business days when five or fewer days are allowed to perform an act required by Chapter 7.05 AMC. "Days" are considered calendar days when more than five days are allowed to perform an act required by Chapter 7.05 AMC. "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. "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. "Ongoing criminal activity related to the premises" means that (1) criminal activity is or has been occurring at the premises; or (2) criminal activity is or has been occurring near the premises and such activity has a 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 3. Commission of a misdemeanor, gross misdemeanor, or felony at or near 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 the actions identified in subsections (1)through (3) of this definition; provided, that visits alone may not form the sole basis for determining a premises to be a chronic nuisance premises. ORDINANCE 2020-009 2 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 for-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. 7.05.030 Compliance, authority and administration. In order to discourage public nuisances and otherwise promote compliance with Chapter 7.05 AMC,the city manager or designee may, in response to field observations, determine that violations of Chapter 7.05 AMC have occurred or are occurring, and may utilize any of the compliance provisions set forth in Chapter 11.02 AMC. 7.05.040 Public 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 which violates other provisions of the Arlington Municipal Code. 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 AMC (including all building and property maintenance codes and regulations as currently adopted and hereafter amended). C. Sidewalks. ORDINANCE 2020-009 3 i 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Accumulations of dirt or debris not removed from a public sidewalk. D. Accumulations of Materials, Garbage, Recyclables, Furniture, Machinery. 1. Building and Construction Materials. Except when expressly authorized by the City zoning code, 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. 2. Garbage, Recyclables, Compost, and Infestations. a. Garbage or recyclables not properly stored in a receptacle with a tight- fitting lid. b. Any accumulation of broken or neglected items, litter, salvage materials, or junk not in an approved enclosed structure. c. Creating or maintaining any accumulation of organic matter, including but not limited to foodstuffs or dead vegetation (excluding residential compost piles maintained in accordance with good composting practices). 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. This 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 AMC Chapter 10.54. 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 ORDINANCE 2020-009 4 a manner that poses a substantial risk of combustion or the spread of fire, as determined by the fire marshal. F. Toxic or Caustic Substances. Improper storage or keeping of any toxic, flammable, or caustic substances or materials. G. Smoke, Soot, or Odors. Allowing the escape or emission of any harmful smoke, soot, fumes, gases, or odors which are offensive or harmful to a reasonable person. H. Bodies of Water. 1. All stagnant, pooled water in which mosquitoes, flies, or other insects may multiply, excluding any City-approved structure related to storm drainage systems. 2. The polluting of any waterway, well, or body of water which is not subject to the jurisdiction of another federal, state, county, special purpose district or city agency. I. Holes. Any excavated or naturally occurring uncovered holes which are not marked, guarded, or otherwise secured, and which constitute a concealed danger. J. Attractive Nuisances. Any accessible nuisance which is attractive to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child. K. Noise. 1. Any noise or sound that, originating within a residential zone, intrudes into the property of another person that exceeds the maximum permissible noise levels pursuant to Chapter 173-60 WAC, as currently adopted and hereafter amended. Such noise or sound may include, but is not limited to, noise or sound created by use of a radio, television set, musical instrument, sound amplifier, or other device capable of producing or reproducing noise or sound; or in connection with the starting, operation, repair, rebuilding, or testing of any vehicle, off- highway machinery or equipment, or internal combustion engine. 2. The following shall be exempt from the provisions of AMC 7.05.040(K)(1): a. Normal use of public rights-of-way; ORDINANCE 2020-009 5 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; I. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal government, state or municipality; m. Sounds created in conjunction with the collection of solid waste; n. Sounds created in conjunction with military operations or training; o. Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums, swimming pools, schools, and other public facilities and public recreational facilities during hours of operation; p. Sounds originating from agricultural activities. ORDINANCE 2020-009 6 3. The following shall be exempt from provisions of AMC 7.05.040(K)(1) between the hours of 7:00 a.m. and 10:00 p.m.: a. Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes, grounds, and appurtenances; b. Sounds created by the discharge of firearms on authorized shooting ranges; c. Sounds created by blasting; d. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at run-up sites designated in the Airport Master Plan; e. Sounds created by the installation or repair of municipally owned or franchised utility services. 4. The following shall be exempt from the provisions of AMC 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. ORDINANCE 2020-009 7 The prohibition under this Section AMC 7.05.040(M) shall only apply to dwellings, including but not limited to single family, multifamily, and duplex dwellings. N. Development Code Violations. Any violation pursuant to AMC Titles 12 through 20. 7.05.045 Chronic nuisances. A. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any chronic nuisance within the City including on the property of any person, firm, or entity or upon any public rights- of-way abutting a person's, firms, or entity's property. A parcel or lot of real property, a building, including but not limited to the structure or any separate part of portion thereof, whether permanent or not, or the ground itself, a unit within a building, or a mobile home, manufactured home, or recreational vehicle (collectively referred to as "property") shall constitute a chronic nuisance when any of the following 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 7.05 and 11.02 AMC; and b. Has four or more occurrences of ongoing criminal activity related to the premises; or 2. During any 12-month period,the property in question has five or more occurrences of ongoing criminal 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 (1) affirmatively engages in reasonable and ongoing efforts to remedy the nuisance and/or ongoing criminal activity; and (2) is not the perpetrator nor allows the perpetration of the nuisance or ongoing criminal activities. 7.05.050 Procedures when probable nuisance violation is identified. The City shall follow procedures pursuant to Chapter 11.02 AMC to identify nuisances, enforce the provisions of city ordinances, and to remedy and abate any of the nuisances prohibited under this Chapter 7.05 AMC. Section 2. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. ORDINANCE 2020-009 8 Section 3. Effective Date. The title of this Ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take effect and be in full force five (5) days after the date of publication. Passed by the City Council and APPROVED by the Mayor this 4th day of May, 2020. CITY OF ARLINGTON Barbara Tolbert, Mayor ATTEST: A-, Wendy Van ISer Meersche, City Clerk APPROVED AS TO FORM: -5; W, Stev n Ale, City Attorney ORDINANCE 2020-009 9 CERTIFICATION OF ORDINANCE I, Wendy Van Der Meersche, being the duly appointed and City Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2020-009 was approved at the May 4, 2020 City Council meeting. ORDINANCE NO. 2020-009 "AN ORDINANCE ADOPTING A NEW TITLE 7 OF THE ARLINGTON MUNICIPAL CODE REGARDING NUISANCES" A true and correct copy of the original ordinance is attached. Dated this 5th day of May, 2020. Wendy Va er Meersche City Clerk for the City of Arlington