HomeMy WebLinkAboutO-2046 - Amends Ch. 6.24, public nuisances (6.24)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.2-O<&
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AN ORDINANCE OFTHE CITY OF MAYRSVILLE AMENDING CHAPTER 6.24 OF
THE MARYSVILLE MUNICIPAL CODE,·ESTABLISHING POLICIES AND
PROCEDURES FOR THE ABATEMENT OF PUBLIC NUISANCES;
INCORPORATING RCW 9.66.010, 9.66.020,9.66.030 AND 9.66.050 BY
REFERENCE;AMENDING MMC 6.24.010,6.24.030,AND 6.24.050,AND
REPEALING MMC 6.24.070, 6.24.080,6.24.090, 6.24.100,6.24.105 AND
6.24.110.
WHEREAS,the City Council finds it necessary to establish a
comprehensive,organized and efficient process for the abatement
of public nuisances;and
WHEREAS,the City Council finds that it needs to establish
an orderly and efficient means by which compliance with various
provisions of the City Code shall be accomplished;and
WHEREAS,the City Council finds the abatement of public
nuisances and enforcement of its codes is in the best interest of
the health,safety,and welfare of the citizens of the City of
Marysville;and
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON,DO ORDAIN AS FOLLOWS:
Section 1.Chapter 6.24 of the Marysville Municipal Code is
hereby amended to read as follows:
Chapter 6.24
Public Nuisances
Sections:
6.24.010
6.24.020
6.24.030
6.24.040
6.24.050
6.24.060
Purpose and Intent
Definitions
Statutes incorporated by references
Penalties and Enforcement
Types of Nuisances
Forced Abatement
6.24.010 Purpose and Intent.The purpose of this Chapter
is to create a system to maintain and protect the health,safety
and welfare of the citizens of the City of Marysville and to
establish the means by which compliance shall be accomplished.
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6.24.020 Definitions.For the purpose of this Chapter,the
following definitions shall apply unless the context or meaning
clearly indicates otherwise.
1."Abate"means to repair,replace,remove,destroy,
correct or otherwise remedy the condition in question by such
means and in such a manner and to such an extent as the
Director's judgment determines is necessary in the interest of
the general safety and welfare of the community.
2."Director"means the directors of any department of the
City,or such other head of a department that the City Council
has authorized by ordinance to utilize the provisions of this
Title and shall include any duly authorized representative of
such Director.If more than one department is authorized to act
under this Title,the term "Director"shall also be understood to
mean all applicable "Directors."
3."Nuisance"is the unlawful performance of an act or
omission to perform a duty,which act or omission either annoys,
injures or endangers the comfort,repose,health or safety of
others,offends decency,or unlawfully interferes with,obstructs
or tends to obstruct,or render dangerous for passage,any lake
or navigable river,bay,stream,canal or basin,or any public
park,square,street or highway;or in any way renders other
persons insecure in life,or in the use of property.
4."Person"means any natural person,organization,
corporation or partnership and their agents,representatives or
assigns.
5."Premises"means any building,lot,parcel,real
estate,land or portion thereof whether improved or unimproved,
including adjacent sidewalks and parking strips.
6."Public Nuisance"is a nuisance that affects equally
the rights of an entire community or neighborhood,although the
extent of the damage may be unequal.
6.24.030 Statues incorporated bv reference.The following
statutes regarding public nuisances are incorporated by
reference:
RCW 9.66.010
RCW 9.66.020
RCW 9.66.030
RCW 9.66.050
(Public nuisance)
(Unequal damage)
(Maintaining or permitting nuisance)
(Deposit of unwholesome substance;or
establishment of detrimental business)
(Ord.1334 §2,1984)
6.24.040 Penalties and Enforcement.The Director is
charged with enforcement of the provisions of this Chapter.It
shall be unlawful for any person to allow a "Public Nuisance"
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upon any premise within the City of Marysville.Such violations
shall be corrected by any reasonable and lawful means as provided
in this Chapter or Titles,Chapters,and Sections of the MMC.
1.It is unlawful for any responsible person or owner to
permit,maintain,suffer,carryon or allow a public nuisance to
exist,as defined by this Chapter,upon his/her premise any act
or thing declared a nuisance by this Chapter.
2.A violation of this Chapter shall be a misdemeanor and
shall be punishable by a penalty not to exceed ONE THOUSAND
DOLLARS ($1,000),in addition to any civil remedies for abatement
and collection for the expense thereof.
3.If the same responsible person is found to be in
violation of this Chapter within three (3)years of his/her first
violation,such violation and any other subsequent violation
shall carry a penalty of not more than ONE THOUSAND DOLLARS
($1,000)in which ONE HUNDRED FIFTY DOLLARS ($150)shall be the
minimum,or ninety (90)days in jail,or both.
4.Each day the violation is in existence may be
considered a separate violation.
6.24.050 Types of Nuisances.It shall be a "public
nuisance"within the City of Marysville if any responsible person
or persons shall maintain or allow to be maintained on real
property which he or she may have charge,control or occupy,
except as may be permitted by any other City Ordinance,whether
visible or not from any public street,alley or residence,any of
the following conditions:
1.Every person who makes or keeps any explosive or
combustible substance in the city,or carries it through the
streets thereof,in quantity or manner prohibited by Chapter
70.74 RCW,and every person who,by careless,negligent or
unauthorized use or management of any such explosive or
combustible substance,injures or causes injury to the person or
property of another,commits a public nuisance.
2.No person shall permit or allow outside of any
dwelling,building or other structures or with in any unoccupied
or abandoned building,dwelling or other structure under his
control,in a place accessible to children,any abandoned,
unattended or discarded icebox,refrigerator or other container
which has an airtight door or lid,snap lock or other automatic
locking device which may not be released from the inside,without
first removing said door or lid,snap lock or other locking
device from said refrigerator,icebox or container.Every
violation of this section is a public nuisance.
3.No person shall abandon or discontinue use of or to
permit or to maintain on his premise any abandoned or unused
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well,cistern or storage tank,without first demolishing or
removing from the City such storage tank,or securely closing and
barring any entrance or trap door thereto,or filling any well or
cistern,or capping the same with sufficient security to prevent
access thereto by children.Any such violation is a public
nuisance.
4.No person shall,without lawful authority from the
appropriate public entity,attach any advertising signs,posters,
or any other similar object,to any public structure,sign or
traffic-control device.Such violation constitutes a public
nuisance.
5.No person shall attach to utility poles any of the
following:advertising signs,posters,vending machines,or any
similar object which presents a hazard to,or endangers the lives
of,electrical workers.Any attachment to utility poles shall
only be made with the permission of the utility company involved,
and shall be placed not less than twelve feet above the surface
of the ground.Such violations constitute a public nuisance.
6.Any and all junk,trash,litter,garbage,boxes,
bottles,cans discarded lumber,salvaged materials,or other
similar materials in any front yard,side yard,rear yard or
vacant lot,except for such materials being used for an immediate
construction project on said premises.
7.Any attractive nuisances dangerous to children,
including,but not limited to,abandoned,broken or neglected
buildings,equipment,machinery,refrigerators and freezers,
excavations,shafts,or insufficiently supported walls or fences
in any front yard,side yard,rear yard or vacant lot.
8 .
household
side yard
Broken or
equipment
rear yard
discarded
and other
or vacant
furniture,furnishings,appliances,
similar items,in any front yard,
lot.
9.Dead,decayed,diseased or hazardous trees or
vegetation/grass clippings (except that used as compost for
fertilizer),including that which by casual contact with the skin
is dangerous to public health,safety and welfare located in any
front yard,side yard,rear yard or vacant lot.
10.Graffiti on the exterior of any building,fence,or
other structure in any front yard,side yard,rear yard or vacant
lot.
11.Non-operational or abandoned vehicles or parts thereof,
or other articles of personal property which are discarded or
left in a state of partial construction or repair in any front
yard,side yard,rear yard or vacant lot.The responsible person
may have on his or her premise,at anyone time,only one (1)
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non-operational or abandoned vehicle outside an enclosed building
for a period not to exceed fourteen (14)days.
12.Vegetation exceeding twelve (12)inches in height
(exclusive of plants and flowers within a flower bed,shrubbery
and trees)located in any front yard,side yard,rear yard or
vacant lot..
13.Utility trailers,unmounted camper or recreation
vehicles shall not be located in the front yard.They may be
located in the driveway,parallel to the driveway,or behind the
front building line of the property on either side of the
building on a maintained surface.
6.24.060 Forced Abatement.If,within ten (10)days after
receiving a written notice and order in accordance with Title 4
of the Marysville Municipal Codes (MMC),any person owning,
occupying or controlling such premises who fails,neglects or
refuses to correct said nuisance shall be found to be in
violation of this Chapter.The Director may order said nuisance
to be removed or abated per Title 4,MMC and all indebtedness to
the City for removal shall be paid by the violator(s).Such cost
and charges to be recovered by a civil action brought by the City
against the violator pursuant to Title 4,MMC.
Section 2.Sections 6.24.070, 6.24.080, 6.24.090,6.24.100,
6.24.105,and 6.24.110 of the Marysville Municipal Code are
hereby repealed.
Section 3.Severability.Should any section,subsection,
paragraph,sentence,clause or phrase set forth in this Ordinance
or its application to any person or situation be declared
unconstitutional or invalid for any reason,such decision shall
not affect the validity of the remaining portions of this
Ordinance or its application to any person or situation.The
City Council of the City hereby declares that it would have
adopted this Ordinance and each section,subsection,sentence,
clause,phrase,or portion thereof irrespective of the fact that
anyone or more sections,subsections,sentences,clauses,
phrases or portions be declared invalid or unconstitutional.
Section 4.No Special Duty Created.It is expressly the
purpose of this Ordinance to provide for and promote the health,
safety and welfare of the general public and not to create or
otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefitted
by the terms of this ordinance.
No provision or term used in this ordinance is intended to
impose any duty whatsoever upon the City or any of its officer,
agents or employees for whom the implementation or enforcement of
this ordinance shall be discretionary and not mandatory.
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Nothing contained in this Ordinance is intended nor shall be
construed to create or form the basis of any liability on the
part of the City,or its officers,employees or agents,for any
injury or damage resulting from any action or inaction on the
part of the City,its officers,employees or agents.
PASSED by the City Council and APPROVED by the Mayor this
;)$4-.day of ~,1995.
CITY
Attest:
City Clerk
By ~t'.wgg£
;;>City Attorney
Date of Publication:%7,/11:
OF MARYSVILLE
{L;;uk
Mayor
Effective Date (5 days after publication):
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