HomeMy WebLinkAboutO-2873 - Amends Chs. 4.02 and 6.24, nuisances and enforcement (4.02, 6.24)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCEL ~7 3
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
AMENDING PORTIONS OF MARYSVILLE MUNICIPAL CODE
CHAPTER 4.02 ENTITLED "ENFORCEMENT PROCEDURES" AND
CHAPTER 6.24 ENTITLED "PUBLIC NUISANCE" ; PROVIDING FOR
SEVERABILITY; AND EFFECTIVE DATE.
WHEREAS, the City Council finds that it is in the public interest to update the City's code
enforcement and nuisance regulations;
NOW THEREFORE, the City Council of the City of Marysville, Washington do
ordain as follows:
Section 1. MMC Chapter 4.02 entitled "ENFORCEMENT PROCEDURES" is hereby
amended to read as follows:
Chapter 4.02
ENFORCEMENT PROCEDURES
Sections:
4.02010 Purposes
4.02.020 Definitions.
402030 Citizen complaints.
4.02.040 Penalties and enforcement.
402050 Code enforcement procedures manual.
4.02.010 Purposes.
The purposes of this title are:
(1) To establish an efficient system to enforce the city of Marysville Municipal Code (MMC),
providing for both civil and criminal remedies for violations;
(2) To provide opportunity for a prompt hearing and decision on alleged violations of the MMC;
(3) To establish monetary penalties for violations of the MMC; and
(4) To abate/bring into compliance violations of the MMC. (Ord. 2763 § 1, 2009; Ord. 2045 § 1,
1995).
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M-I \-063/0rd Amend Ch 402 and 6.24 Revised 9-21-11
4.02.020 Definitions.
For the purposes of this chapter, the following definitions shall apply unless the context or
meaning clearly indicates otherwise:
(1) "City" means the city of Marysville, Washington.
(2) "Director" means the directors of any department of the city, or such other head of a
department that is authorized to utilize the provisions of this title to enforce violations of the MMC
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) "Hearing examiner" means the city of Marysville hearing examiner, codified by Chapter
22G060 MMC, or the examiner's dUly authorized representative.
(4) "MMC" means the Marysville Municipal Code.
(5) "Permit" means any form of certificate, approval, registration, license or other written
permission given to any person to engage in any activity as required by law, ordinance or
regulation. The term "permit" shall not include preliminary or final plat approval or any rezone.
(6) "Person" as used in this title includes any natural person, organization, corporation or
partnership and its agents, representatives or assigns.
(7) "Public nuisance" means the following:
(a) A nuisance or public nuisance as defined in state statute or city ordinance, including
but not limited to Chapter 748 RCW and Chapters 6.24,6.25 and 7.04 MMC;
(b) A nuisance at common law, either public or private;
(c) A violation of the city's land use, zoning, and environmental regulations (MMC Title
22), construction code regulations (MMC Title 16), water, sewer, and storm water
regulations (MMC Title 14), business license regulations (MMC Title §), noise
regulations (Chapter 6.76 MMC), health and sanitation regulations (MMC Title n, fire
regulations (MMC Title ~), animal control regulations (MMC Title 10), abandoned,
unauthorized, and junk vehicle regulations (Chapter 11.36 MMC), and any other
violation of the Marysville Municipal Code that poses a threat to the public health, safety
or welfare.
(8) "Screened from public view" means sight-obscuring fencing and/or landscaping is installed
around the area or objects. (Ord. 2763 § 1,2009; Ord. 2045 § 1, 1995).
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M-II-063/0rd Amend ell 402 and 6.24 Revised 9-21-11
4.02.030 Citizen complaints.
(1) Written Complaint/Notice to Owner. On forms provided by city departments, any aggrieved
person may file a written complaint with the director alleging that a violation of the MMC has
occurred or may occur. The citizen complaint process shall not apply to actions for which there
are administrative and/or judicial appeals provided for in this title or other titles, chapters or
sections of the MMC. Each complaint shall state fully the causes and bases for the complaint and
shall be filed with the appropriate department. A copy of the complaint shall be promptly mailed to
the property owner of the subject property via first class and certified (return receipt requested)
mail.
(2) Hearing Before the Hearing Examiner. Within 60 days of completing and filing the complaint,
the complainant may request, in writing, a hearing before the hearing examiner. As soon as the
complaint is filed, the director shall cease all administrative action and schedule a hearing. The
date of hearing shall be not more than 90 days from the receipt of the complaint. The person filing
the complaint shall have the burden of demonstrating that a violation has occurred or may occur.
(3) Hearing Examiner's Decision Within 10 city working days of the conclusion of the public
hearing, the hearing examiner shall file a written decision with the department. The hearing
examiner's decision shall be final with a right of appeal only to Snohomish County superior court
as provided in subsection (4) of this section. The hearing examiner has the authority to award
costs and expenses to the prevailing party and the city.
(4) Appeal to Snohomish County Superior Court. Within 10 city working days of the hearing
examiner's written decision, a party may appeal the hearing examiner's decision to the
Snohomish County superior court by filing a writ of review. In the event there is no appeal to
superior court and the hearing examiner's decision becomes final, it shall be enforced pursuant to
MMC 4.02040(10). (Ord 2763 § 1, 2009; Ord. 2045 § 1, 1995).
4.02.040 Penalties and enforcement.
(1) Director Authorized to Enforce Codes. The director is charged with enforcement of the
provisions of this title and the MMC.
(2) Violations. It shall be unlawful for any person to construct, enlarge, alter, repair, move,
demolish, use, occupy or maintain any use or cause the same to be done in violation of any of the
provisions of this title or other titles, chapters or sections of the MMC. Any such violation as
determined by the director is declared to be a public nuisance and shall be corrected by any
reasonable and lawful means as provided in this section. In the event the penalties provided in
this title conflict with any penalty provided in any other section, chapter or title of the Marysville
Municipal Code, the penalty provisions of this title shall control.
(3) Director's Remedies. Upon finding a violation, the director may:
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M-II-063/0rd Amend Ch 4.02 and 6.24 Revised 9-21-11
(a) Institute appropriate action or proceedings to require compliance with this title or to
enjoin, correct or abate any acts or practices which constitute or will constitute a
violation;
(b) Issue a temporary enforcement order, stop work order, emergency order, or
permanent enforcement order, pursuant to subsections (7) and (8) of this section;
(c) Abate the violation if corrective work is not commenced or completed within the time
specified in a permanent enforcement order;
(d) Suspend or revoke any approvals or permits issued pursuant to this title; MMC Title ~
(Business Regulations and Licenses), including without limitation MMC 5.02.140,
5.20.080 and 552090; MMC Title § (Penal Code), including without limitation Chapter
6.24 MMC; MMC Title Z(Health and Sanitation), including without limitation MMC
7 04.010 through 704.100; MMC Title 2 (Fire); MMC Title 11 (Traffic), including without
limitation MMC 11.36.040; MMC Title .12. (Streets and Sidewalks), including without
limitation MMC 12.08.040, Chapter 12.12 MMC, MMC 12.20.010, Chapter 12.24 MMC,
MMC 12.36020 through 12.36.030 and 12.40.020 through 12.40.030; MMC Title 14
(Water and Sewers), including without limitation Chapters 14.15, 14.16, 14.17 and 14.21
MMC; MMC Title 1.§ (Building); and MMC Title 22 (Unified Development Code);
(e) Assess civil penalties after notice and order set forth in subsection (8)(b)(iv) of this
section or recovered by legal action filing in Snohomish County superior court;
(f) File a lien against the property for costs of abatement and/or civil fines;
(g) Issue civil infractions:
(i) Except as otherwise provided herein, Aany violation of this code to which this
chapter applies is deemed and declared to be a civil infraction. Each day of
violation shall constitute a separate civil infraction.
(ii) Any person found to have committed a civil infraction shall be assessed a fine
as set forth in the following schedule:
First Violation Repeat Violation
Code Provisions
Noncommercial Commercial Noncommercial Commercial
Title Chapter
4
Enforcement
Code
4.02
Enforcement Procedures
$300 $500 $600 $1,000
5 5.02 $150 $250 $300 $500
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M-II-063/0rd Amend Ch 4.02 and 6.24 Revised 9-21-11
Business Business Licenses
Regulations and
Licenses
6 6.24 $150 $250 Second violation Second
Penal Code Public Nuisances $300 violation
'third violation $500
*third violation see
4.02.040 39 iii below see
4.02.040 39 iii
below
6.76
Noise Regulation
$150 $250 $300 $500
7 7.04 $150 $250 $300 $500
Health and Unsanitary Conditions
Sanitation Nuisances
708
Garbage Collection
$150 $250 $300 $500
9
Fire
9.04
Fire Code
$150 $250 $300 $500
12 12.24 $150 $250 $300 $500
Streets and Sidewalks -Dangerous
Sidewalks Conditions
12.36
Vegetation
$150 $250 $300 $500
12.40 $150 $250 $300 $500
Clean Condition of Public
Right-of-Way
14
Water and
14.01
General Provisions
$150 $250 $300 $500
Sewers 14.15
Controlling Stormwater
Runoff from New
Development,
Redevelopment, and
Construction Sites
$150 $250 $300 $500
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M-II-06310rd Amend Ch 4.02 and 6.24 Revised 9-21-11
14,16 $150 $250 $300 $500
Operation and Maintenance
of Public Storm Drainage
Systems
14,17 $150 $250 $300 $500
Operation and Maintenance
of Private Storm Drainage
Systems
Plus any costs incurred for the maintenance of failed private
stormwater systems,
14,21 $150 $250 $300 $500
Illicit Discharge Detection
and Elimination (IDDE)
Plus city's costs for abatement, sampling and/or monitoring,
16 16,04 $150 $250 $300 $500
Building Building Code
22 Title 22C $150 $250 $300 $500
Unified Land Use Standards
Development
Code
22E010
Critical Areas Management
$250 $350 $500 $700
22D,050 $250 $350 $500 $700
Clearing, Grading, Filling
and Erosion Control
(iii) Civil infractions will be administered and processed through Marysville
municipal court as set forth in the Marysville Municipal Code, state law, the
Washington State Court Rules Infraction Rules for Courts of Limited Jurisdiction
(IRLJ) and local court rules for Marysville municipal court; and/or
* (iii) Criminal violations for third and subsequent violations of Chapter 6,24
Public Nuisance will be pursuant MMC 6,24,040 and through Marysville
municipal court as set forth in the Marysville Municipal Code, state law, the
Washington State Court Rules(CrRLJ) Limited Jurisdiction Court Rules and local
court rules for Marysville municipal court; and/or 4,01 ,040 (4); and lor
(iv) Civil infractions will be administered and processed through Marysville
municipal court as set forth in the Marysville Municipal Code, state law, the
Washington State Court Rules Infraction Rules for Courts of Limited jurisdiction
(IRLJ) and local court rules for Marysville municipal court; and/or
(h) Mitigate civil fines,
(i) The director may reduce or waive civil fines assessed under this chapter if the
violation is corrected within the specified deadline and the correction is verified
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M-II-06J/Ord Amend Ch 4,02 and 6,24 Revised 9-21-11
by the city A reduction shall be in writing and state the date on which the
violation was corrected.
(ii) For reduction or waiver of fines, the person(s) named shall have the burden of
proof that the violation has been corrected.
(iii) Any reduction or waiver shall be based on an evaluation of individual
circumstances, including but not limited to the severity of the violation, repetition
of violations, protection of the public interest, and responsiveness of the
person(s) responsible to correct, cure, abate, and/or stop the violation.
(4) Violators Punishable by Criminal Fine and Imprisonment. As an alternative to any other
remedy provided in this title or by law or other ordinance, any person willfully or knowingly
violating any provision of this title or other titles, chapters or sections of the MMC, or
amendments thereto, or any person aiding or abetting such violation is guilty of a misdemeanor
and upon conviction shall be punished by a fine not to exceed $1,000 and/or imprisonment for a
term not to exceed 90 days. Each day such violation continues may be considered a separate
offense.
(5) Inspections.
(a) Whenever the director has reasonable cause to believe that a violation has been or
is being committed, the director or the director's duly authorized inspector may enter
any building, structure or property at any reasonable time to inspect the use and
perform any duty conferred on the director by this title.
(b) If the building, structure or property is occupied, the director shall first present
identification credentials, state the reason for the inspection and demand entry. If
consent to enter is not given and if:
(i) The director has reason to believe that the conditions create an imminent and
irreparable hazard, then the director shall enter; or
(ii) The director has reason to believe that the conditions do not create an
imminent and irreparable hazard, the director shall enter after first obtaining a
civil search warrant.
(c) If the building, structure or property is not occupied, the director shall make a
reasonable effort to locate the owner or other person(s) having control and request
permission to enter If the director is unable to locate the owner or person(s) having
control, and if:
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M-II-063/0rd Amend Ch 402 and 6.24 Revised 9-21-11
(i) The director has reason to believe that conditions therein create an immediate
and irreparable hazard, the director shall enter; or
(ii) The director has reason to believe that the conditions do not create an
imminent and irreparable hazard, the director shall enter after first obtaining a
search warrant.
(6) Violators Punishable by Civil Penalties After Administrative Notice and Order.
(a) Director to Determine Violation and May Provide Enforcement Order. Within 30
days of notice of a potential violation, the director is authorized to and shall determine
whether a violation has occurred and, if the director determines that a violation has
occurred, shall issue a temporary or permanent enforcement order. The director shall
notify the complainant, the owner or operator of the source of the violation, and the
person in possession of the property or the person causing the violation of the
director's determination in writing within three city working days of the determination.
Service of the notice by first class and certified (return receipt requested) mail to the
last known address of the complainant and violators shall be deemed effective notice.
(b) Director May Commence Administrative Notice. Additionally, whenever the director
has reason to believe that a use or condition exists in violation of this title and that
violation will be most promptly and eqUitably terminated by an administrative
proceeding, the director may commence an administrative notice and order
proceeding to cause assessment of a civil penalty, abatement or suspension of all
activities, work or revocation of any approvals or permits issued pursuant to this title;
MMC Title Q(Business Regulations and Licenses), inclUding without limitation MMC
5.02.140, 5.20.080 and 5.52.090; MMC Title § (Penal Code), including without
limitation Chapter 6.24 MMC; MMC Title Z (Health and Sanitation), including without
limitation MMC 704010 through 704.100; MMC Title 2 (Fire); MMC Title 11 (Traffic),
including without limitation MMC 1136040; MMC Title 12 (Streets and Sidewalks),
including without limitation MMC 1208040, Chapter 12.12 MMC, MMC 1220.010,
Chapter 12.24 MMC, MMC 1236020 through 1236030 and 1240020 through
1240030; MMC Title 11 (Water and Sewers), including without limitation Chapters
1415, 14.16, 14.17 and 14.21 MMC; MMC Title.1Q (Building); and MMC Title 22
(Unified Development Code).
(7) Temporary Enforcement Order, Stop Work Order, and Emergency Order.
(a) The director may cause a temporary enforcement order, stop work order, or
emergency order Corder") to be posted on the subject property or served on the
property owner and/or persons engaged in any work or activity on the property, as
provided in this section
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M-II-063/0rd Amend Ch 4.02 and 6.24 Revised 9-21-11
(i) A temporary order may be issued pursuant to and in accordance with
subsection (6)(a) of this section.
(ii) A stop work order may be issued to immediately cease specified work or
activity when the director finds that such work or activity is being conducted in
violation of the MMC or in a dangerous or unsafe manner.
(iii) An emergency order may be issued to immediately cease and remedy
specified work or activity when the director finds that such work or activity is
being conducted in a hazardous or unsafe manner that threatens the health or
safety of the occupants of any premises or members of the public.
(iv) Violation of a stop work order or emergency order shall constitute a
misdemeanor, punishable as provided in subsection (4) of this section.
(b) The order shall require immediate cessation of such work or activities and may
temporarily suspend any approval or permit issued under this title; MMC Title §
(Business Regulations and Licenses), including without limitation MMC 5.02.140,
520.080 and 5.52090; MMC Title § (Penal Code), including without limitation Chapter
624 MMC; MMC Title I (Health and Sanitation), including without limitation MMC
7.04.010 through 704100; MMC Title 2 (Fire); MMC Title 11 (Traffic), including
without limitation MMC 1136040; MMC Title 11. (Streets and Sidewalks), including
without limitation MMC 1208040, Chapter 12.12 MMC, MMC 12.20010, Chapter
1224 MMC, MMC 12.36020 through 1236.030 and 1240020 through 1240030;
MMC Title H (Water and Sewers), including without limitation Chapters 14.15, 14.16,
1417 and 1421 MMC; MMC Title 1§ (Building); and MMC Title 22 (Unified
Development Code).
(c) The order may be issued without written or oral notice and shall expire by its own
terms in 10 days unless the director extends or issues and transmits a permanent
enforcement order pursuant to subsection (8) of this section.
(d) The order shall contain:
(i) The street address, when available, and a legal description of the real
property;
(ii) A statement that the director has found the person to be in violation of this title
and a brief and concise description of the condition found to be in violation;
(iii) A statement of the corrective action to be taken;
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M-II-063/0rd Amend Ch 4 02 and 6.24 Revised 9-21-11
(iv) A statement that the order shall expire by its own terms in 10 days unless
extended in writing or a permanent order is issued;
(v) A statement that the violator may be subject to a civil penalty in the amount
set forth in subsection (3)(g) of this section for each day that the violation
continues and, if applicable, the conditions on which assessment of such civil
penalty is contingent.
(e) Withdrawal or Issuance of Additional Temporary Order. The director may withdraw
a temporary order if compliance is achieved within 10 calendar days of posting or
service thereof. If, after withdrawal, the violation is continued or repeated, the director
may cause a second temporary order to be posted on the subject property or served
on persons engaged in any work or activity in violation of this title. Any subsequent
order involving the same violation shall be permanent.
(8) Permanent Enforcement Order.
(a) A permanent order shall be issued by the director and become final within 10
calendar days, unless written appeal is received asking for a hearing before the
hearing examiner.
(b) The permanent enforcement order shall contain:
(i) The street address and, when available, a legal description of real property;
(ii) A statement that the director has found the person to be in violation of this title
and a brief and concise description of the conditions found to be in violation;
(iii) A statement of the corrective action required to be taken. If the director has
determined that corrective work is required, the order shall mandate that all
required permits be secured and the work be physically commenced and
completed within such time as the director determines is reasonable under the
circumstances, but in no event shall such time exceed 90 days;
(iv) A statement that the violator may be sUbject to a civil penalty in the amount
set forth in subsection (3)(g) of this section for each day that the violation
continues and, if applicable, the conditions on which assessment of such civil
penalty is contingent;
(v) Statements advising:
(A) If any required work is not commenced or completed within the time
specified, the director shall proceed to abate the violation and cause the
work to be done and charge the costs thereof as a lien against the property
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M-I J -063/0rd Am~nd Ch 4.02 and 6.24 Revised 9-21-11
and any other property owned by the person in violation and as a personal
obligation of any person in violation; and
(8) If any assessed civil penalty is not paid, the director will charge the
amount of the penalty as a lien against the property and as a joint and
separate personal obligation of any person in violation; and
(C) The violator of the violator's right to appeal and the appeal process.
(c) Any order issued by the director pursuant to this title shall be final unless a timely
appeal is filed pursuant to subsection (9) of this section
(d) Service. Service of the permanent enforcement order shall be made upon all
persons identified in the order either personally or by mailing a copy of such order by
certified mail, postage prepaid, return receipt requested to the last known address. If
the address of any such person cannot reasonably be ascertained, a copy of the order
shall be mailed to such person at the address of the location of the violation. The
failure of any such person to receive such notice shall not affect the validity of any
proceedings taken under this title. Service by certified mail in the manner provided in
this section shall be effective on the date of postmark. The order may be, but is not
required to be, posted on the subject property.
(e) Supplemental Order. The director may at any time add to, rescind in part, or
otherwise modify a permanent enforcement order.
(9) Appeal.
(a) A written appeal may be filed within 10 calendar days following issuance of a
temporary or permanent order, stop work order, emergency order, or permanent
enforcement order.
(b) An appeal of a stop work order or emergency order shall not stay the requirement
that the specified work or activity immediately cease and/or be remedied.
(c) The director shall prepare and transmit to the hearing examiner any appeal of a
temporary or permanent enforcement order, and a hearing shall be scheduled within
60 days of the appeal date. Cost of the appeal shall be part of the decision. The
hearing examiner's decision may be reviewed by an action for writ of review in the
superior court of Snohomish County filed within 10 calendar days of the decision If no
appeal is filed in the required length of time, the hearing examiner's decision shall be
final.
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M-II-063/0rd Amend Ch 402 and 6.24 Revised 9-21-1 J
(10) Violation of Permanent Order. If, after any permanent order duly issued by the director or
hearing examiner has become final, the person to whom such order is directed fails, neglects,
or refuses to obey such order, including refusal to pay a civil penalty assessed under such
order, the director may:
(a) Cause such person to be prosecuted under the provisions of this title;
(b) Institute any appropriate action to collect a civil penalty assessed under this title;
(c) Abate the violation using the procedures of this title; and/or
(d) Pursue any other appropriate remedy at law or equity.
(11) Revocation or Suspension of Approvals or Permits. The director may permanently revoke
or suspend any approval or permit issued under this title; MMC Title ~ (Business Regulations
and Licenses), including without limitation MMC 5.02.140, 5.20.080 and 5.52.090; MMC Title §
(Penal Code), including without limitation Chapter 6.24 MMC; MMC Title Z (Health and
Sanitation), including without limitation MMC 704.010 through 7.04.100; MMC Title ~ (Fire);
MMC Title 11 (Traffic), including without limitation MMC 11.36.040; MMC Title 12. (Streets and
Sidewalks), including without limitation MMC 1208.040, Chapter 12.12 MMC, MMC 12.20.010,
Chapter 12.24 MMC, MMC 12.36.020 through 1236030 and 1240020 through 1240030;
MMC Title 11 (Water and Sewers), including without limitation Chapters 14.15, 14.16, 14.17
and 1421 MMC; MMC Title 16 (Building); and MMC Title 22 (Unified Development Code) for
any of the following reasons
(a) Failure of the holder to comply with the requirements of such title; or
(b) Failure of the holder to comply with any order issued pursuant to this title; or
(c) Discovery by the director that an approval or a permit was issued in error or on the
basis of incorrect information supplied to the city.
Such approval of permit revocation or suspension shall be carried out through the notice and
order provisions of this section. The revocation or suspension shall be final within five working
days of the conclusion of a hearing unless the hearing examiner renders a written decision
modifying or denying the revocation or suspension.
(12) Lien.
(a) City Has Lien. The city of Marysville shall have a lien for any civil penalty imposed
or for the cost of any work or abatement done pursuant to this title, or both, against the
real property on which the civil penalty was imposed or any of the work of abatement
was performed and against any other real property owned by any person in violation.
The civil penalty shall be a joint and several obligation of all people found to be in
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M-II-063/0rd Amend Ch 4.02 and 6.24 Revised 9-21-11
violation. The lien shall be subordinate to all existing special assessment liens
previously imposed upon the same property and shall be superior to all other liens,
except for state and county taxes, with which it shall be on a parity.
(b) Director's Authority to Claim Lien. The director shall cause a claim for lien to be
filed for record with the auditor within 90 days from the date the civil penalty is due or
within 90 days from the date of completion of the work or abatement performed by the
city of Marysville pursuant to this title.
(c) Notice of Lien. The notice and order of a director pursuant to this title shall give
notice to the owner that a lien for the civil penalty or the cost of abatement, or both,
may be claimed by the city. Service of the notice and order shall be made upon all
persons identified in the notice and order either personally or by mailing a copy of such
notice and order by certified mail, postage prepaid, return receipt requested.
(d) Contents of Lien. The claim of lien shall contain the following:
(i) The authority for imposing a civil penalty or proceeding to abate the violation,
or both;
(ii) A brief description of the civil penalty imposed or the abatement work done, or
both, including the violations charged and the duration thereof, the time the work
was commenced and completed and the name of the persons or organizations
performing the work;
(iii) A legal description of the property to be charged with the lien;
(iv) The name of the known or reputed owner; and
(v) The amount, including lawful and reasonable costs, for which the lien is
claimed.
(e) Verification of Lien. The lien shall be verified by the director to the effect that the
director believes that the claim is just.
(f) Filing of Lien. The lien shall be recorded with the Snohomish County auditor.
(g) Duration of Lien. No lien created under this title shall bind the property for a period
longer than three years after the claim has been filed unless an action is commenced
in the proper court within that time to enforce the lien.
(h) Foreclosure of Lien. The lien may be foreclosed by a civil action in Snohomish
County superior court.
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(i) Removal of Lien. All liens shall be removed by the city of Marysville when all
conditions placed upon the violator(s) by a notice and order or by the hearing
examiner have been satisfied. (Ord. 2816 § 2,2010; Ord. 2763 § 1,2009; Ord. 2045 §
1,1995).
4.02.050 Code enforcement procedures manual.
The code enforcement officer shall have the authority to adopt and adhere to a code
enforcement procedures manual which shall be available for public inspection and copying
during regular business hours. (Ord. 2763 § 1, 2009; Ord. 2045 § 1, 1995).
Section 2. MMC Chapter 6.24 entitled "PUBLIC NUISANCES" is hereby amended to
read as follows:
Chapter 6.24
PUBLIC NUISANCES
Sections:
624010 Purpose and intent.
6.24020 Definitions.
6.24030 Statutes incorporated by reference.
6.24 040 Penalties and enforcement
6.24.050 Types of nuisances.
6.24060 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. (Ord. 2046 § 1, 1995)
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
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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. (Ord. 2046 § 1, 1995)
6.24.030 Statutes incorporated by reference.
The following statutes regarding public nuisances are incorporated by reference:
RCW
9.66010 Public nuisance.
9.66.020 Unequal damage.
9.66030 Maintaining or permitting nuisance.
9.66.050 Deposit of unwholesome substance; or establishment of detrimental business.
(Ord. 2046 § 1, 1995).
6.24.040 Penalties and enforcement.
The director and/or the Marysville Police Chief/Department is charged with enforcement of the
provisions of this chapter. It shall be unlawful for any person to allow a "pUblic nuisance" upon
any premises 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, carry on or allow
a public nuisance to exist, as defined by this chapter, upon his/her premises any act or thing
declared a nuisance by this chapter.
(2) The first and second viOlations shall be a civil infraction under MMC Chapter 4.02.040 in the
amounts set forth in MMC 402040 (9) (ii) and (iii)
(3) The third and subsequent violation of this chapter by the same responsible person within three
years of his/her first violation are a criminal misdemeanor and shall carry a penalty of not more
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than $1000 (plus costs and assessments) in which $500 shall be the minimum, or 90 days in jail...
or both.
(2) /I. violation of this chapter shall be a misdemeanor and shall be punishable by a penalty not to
exceed $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 years of
his/her first violation, such violation and any other subsequent violation shall carry a penalty of not
more than $1,000 in which $15000 shall be the minimum, or 90 days in jail, or both.
(4) Each day the violation is in existence may be considered a separate violation. (Ord. 2046 § 1,
1995).
6.24.050 Types of nuisances.
It shall be a "public nuisance" within the city of Marysville, and a violation of the Marysville
Municipal Code, 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.
(2) No person shall permit or allow outside of any dwelling, building or other structure or within
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.
(3) No person shall abandon or discontinue use of or permit or maintain on his premises any
abandoned or unused 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.
(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.
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(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 12 feet above the surface of the ground.
(6) Accumulations of the following materials in any front yard, side yard, rear yard or vacant lot
unless screened from public view from the adjacent frontage street or streets: any and all junk,
trash, litter, garbage, boxes, bottles, or cans; any and all unused animal pens or cages, including
any type of insect enclosures; and any and all discarded lumber, salvaged materials, or other
similar materials, 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) Broken or discarded furniture, furnishings, appliances, household equipment and other similar
items, in any front yard, side yard, rear yard or vacant lot unless screened from pUblic view from
adjacent frontage street or streets.
(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, pursuant to Chapter 625 MMC.
(11) Abandoned and junk vehicles as defined by IVIMC 1136030.
(12) Nonoperational or unused automobiles or parts thereof, or other articles of personal property
which are discarded or left in a state of partial construction or repair for longer than 30 days, in
any front yard, side yard, rear yard or vacant lot unless screened from public view from the
adjacent frontage street or streets. "Nonoperational or unused automobile" means an automobile
substantially meeting one of the following requirements:
(a) Is immobile because it either:
(i) Lacks an engine or other parts or equipment necessary to operate it safely or
legally on the street;
(ii) Has one or more flat tires; or
(iii) Is mounted on skids or jacks;
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(b) Has overgrown vegetation or garbage or debris collecting underneath; or
(c) Is used primarily to store items such as auto parts, yard tools, garbage, debris,
clothing, miscellaneous household items, etc.
(13) Vegetation exceeding 12 inches in height (exclusive of plants and flowers within a flower
bed, shrubbery and trees) located in any front yard, side yard, or rear yard of a residential lot
within a platted subdivision unless screened from public view from the adjacent frontage street or
streets.
(14) 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.
(15) Accessory structures, including detached garages, sheds, decks, patios and similar
structures, which are not maintained structurally sound and in good repair.
(16) Any unfinished structure for which there has been a cessation of construction activity for
more than two years and which is determined by the city to be in violation of the building code
and subject to abatement by demolition or completion of the construction to meet the
requirements of the building code
(17) Any catastrophic or fire-damaged premises which have not been secured from entry and
from which all debris has not been removed and properly discarded as directed by the fire
marshal and building official.
(18) Fences, walls, hedges and retaining walls that are not maintained in a structurally sound and
sanitary condition so as to endanger the public health, safety or welfare.
(19) Exterior properties that are not graded and maintained to prevent the erosion of soil and to
prevent the accumulation of water on the premises. Storm water, including discharge from
gutters, downspouts, swimming pools, hot tubs, spas, sump pumps or similar features, shall not
discharge off the source premises unless expressly approved by the city of MarySVille.
(20) Open storage on premises except:
(a) As expressly permitted in MMC Title 22C;
(b) Open storage does not include items customarily used in association with the
permitted principal use of the property and suitable for outdoor use such as lawn
furniture, play equipment, gardening equipment, and similar items;
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(c) Open storage does not include construction materials or seasonal materials used for
gardening that are stored in a manner to protect their utility and prevent deterioration
and are reasonably expected to be used at the site within six months; and
(d) Open storage does not include materials screened from public view from the
adjacent frontage street or streets.
(21) Premises containing rodent, insect and vermin harborage and/or infestation as determined
by the county health officer. Infestations shall be promptly exterminated by methods that ensure
the public's health, safety and welfare. Owners shall take preventative measures to protect
bUildings and premises from future infestations.
(22) Sidewalks, walkways, stairs, driveways, parking spaces and similar areas on private property
that are accessible to the general public, containing hazardous conditions or violations of
approved site or plot plans and barrier-free accessible parking requirements so as to endanger
public health, safety or welfare.
(23) Any hazard tree, as substantiated by a certified arborist or other recognized tree
professional, that threatens public health, safety or welfare.
(24) Vacant structures and premises thereof or vacant land which are not maintained in a clean,
safe, secure and sanitary condition so as not to cause a blighting problem or adversely affect the
public health.
(25) Automobile parking on a residential lot within a platted subdivision that are not on improved
all-weather surfaces or an approved driveway if located in the front yard.
(26) Recreational vehicles, boats, and trailer parking on a residential lot within a platted
subdivision that is not on an improved all-weather surface or an approved driveway if located in
the front yard. Recreational vehicle, boat, or trailer parking in the side or rear yard setbacks is
allowed so long as emergency responders may access all sides of a structure.
(27) Truck tractors, as defined in RCW 46.04.655, and semi-trailers, as defined in RCW
4604.530, that are parked, kept or stored in residentially zoned areas, on residential property in
other zones or on sites that have not been permitted, improved and approved for such use. This
requirement shall not apply to the parking, keeping or storage of agricultural machinery on
residential premises to be used for agricultural use allowed by MMC Title 22C or when equipment
is used in conjunction with a permitted or allowed project.
(28) Heavy commercial equipment and vehicles used for commercial purposes exceeding 6,000
pounds that is not allowed to be parked, kept or stored in residentially zoned areas, on residential
property in other zones, or on sites that have not been permitted, improved and approved for
such use. This requirement shall not apply to the parking, keeping or storage of agricultural
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machinery on residential premises to be used for agricultural use allowed by MMC Title 22C, or
when equipment or vehicles are used in conjunction with an ongoing permitted or allowed project,
or to personal property and equipment that is primarily used on site for improvements and
maintenance of the property.
(29) Temporary or portable structures, such as portable storage tents, temporary canopies, or
other similar structures, which are not removed within 72 hours, when located within the front
yard. (Ord. 2763 § 2, 2009; Ord. 2046 § 1, 1995).
6.24.060 Forced abatement.
If, within 10 days after receiving a written notice and order in accordance with MMC Title 1, 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 MMC Title 1 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 MMC Title 1. (Ord. 2046 § 1, 1995)
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, subsection, sentence, clause, phrase or word of this ordinance.
Section 3. Effective Date. This ordinance shall become effective five days after the date of
its publication by summary.
PASSED by the City Council and APPROVED by the Mayor this z..bMday ofS:2~&1,2011.
CITY OF MARYSVILLE
ATTEST:
By A'~£~ity Clerk
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M-II-063/0ro Amend Ch 4.02 and 624 Revised 9-21-11
Date of Publication: ---""\~~LU.~,.t.=-.k~~fLOII
Effective Date (5 days after publication): OcfobuL ~ ,)DII
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