HomeMy WebLinkAbout3111Ordinance No. 3111
(Amending or Repealing Ordinances)
CFN=122 — Police/Fire Departments
Passed 5/18/1993
Public Nuisances, Litter Control, and Civil Penalties
Amended by Ord. 3849 (Sec. 8.01.030)
ORDINANCE NO. 3 III
AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to public
nuisances as the same constitutes a fire,
safety or health hazard, amending Chapter
8.04 of the Kent City Code relating to litter
control by repealing section relating to
abatement and by providing for civil
penalties; repealing Chapter 8.01 of the Kent
City Code in its entirety and adding a new
chapter to be titled "Public Nuisances".
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Kent City Code (KCC) Section 8.04.110
entitled "Clearing of Litter from Open Private Property by City"
is repealed in its entirety.
Section 2. KCC Section 8.04.120 entitled "Alternative
or Accumulative Methods of Collection of Charge" is repealed in
its entirety.
Section 3. There shall be a new section added to
Chapter 8.04 of the Kent City Code (KCC) which shall read as
follows:
8.04.190. Violation - Penalty.
A. Every person entity, or corporation violating or
failing to comply with any of the provisions of
this chapter shall be subject to a civil penalty,
deemed to be an infraction in the amount of one
hundred dollars ($100-00) for each such violation.
Each day the violation exists shall be considered
a separate violation.
B. In addition to or as an alternative to any other
Penalty provided in this chapter or by law, any
person who violates any provision of this chapter
shall be guilty of a misdemeanor pursuant to
Section 1.01.140 of the Kent City Code.
Section 4. Kent City Code (KCC) Chapter 8.01 (Ord.
1970 as codified by Ord. 3080) is repealed in its entirety:
Section 5. There is hereby added a new chapter to the
Kent City Code, Chapter 8.01, as follows:
CHAPTER 8.01
PUBLIC NUISANCES
Sec. 8.01.010. Definitions.
A. "Abate" means to repair, replace, remove, destroy
or otherwise remedy a condition which constitutes violation of
this chapter by such means and in such a manner and to such an
extent as the applicable department director determines is
necessary in the interest of the general health, safety and
welfare of the community.
B. "Building materials" means and includes lumber,
plumbing materials, wallboard, sheet metal, plaster, brick,
cement, asphalt, concrete block, roofing material, cans of paint
and similar materials.
C. "Director" means the director of the department in
charge of code enforcement or his or her designee or any
designated alternate who is empowered by ordinance or by the
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Mayor to enforce this chapter including assigned code enforcement
officials.
D. "Person" means any individual firm, association,
partnership, corporation or any other entity, public or private.
E. "Premises" means any building, lot, parcel, real
estate or land or portion of land whether improved or unimproved,
including adjacent sidewalks, public rights of way, and parking
strips and any lake, river, stream, drainage way or wetland.
8.01.020. Prohibited Conduct.
It is a violation of this chapter for any person to
permit, create, maintain, or allow, upon any premises, any of the
acts or things declared in Section 8.01.030 to be a public
nuisance.
8.01.030. Types of Nuisances.
Each of the following conditions, unless otherwise
permitted by law, is declared to constitute a public nuisance,
and whenever the director determines that any of these conditions
exist upon any premises, the director may provide for the
abatement thereof and monetary penalties may be assessed pursuant
to Kent City Code 1.04, Civil Violations, Enforcement and
Abatement:
A. The existence of any trash, dirt, filth, the
carcass of any animal, manure or rubbish, accumulation of yard
trimmings, excluding properly maintained yard compost, or other
matter which is offensive to a reasonable person; except for such
yard debris that is properly contained and concealed as not to
affect the health, safety or depreciation of adjoining property
for the purpose of composting; or
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B. Erecting, maintaining, using, placing, depositing,
leaving or permitting to be or remain in or upon any premises,
which may be viewed or smelled from without the premises, or in
or upon any street, alley, sidewalk, park, parkway or other
public or private place in the City, any one or more of the
following disorderly, disturbing, unsanitary, fly -producing, rat
harboring, disease -causing places, conditions or things:
1. Any putrid, unhealthy or unwholesome bones,
meat, hides, skins, the whole or any part of any dead animal,
fish or fowl, or waste parts of fish, vegetable or animal matter
in any quantity; but nothing herein shall prevent the temporary
retention of waste in approved covered receptacles; or
2. Any privies, vaults, cesspools, open
containers of stagnant water, sumps, pits or like places which
are not securely protected from flies and rats, or which are
malodorous; or
3. An accumulation of material including, but
not limited to bottles, cans, glass, plastic, ashes, scrap metal,)
wire bric-a-brac, broken stone or cement, broken crockery, brokenr
glass, broken plaster, litter, rags, empty barrels, boxes,
crates, packing cases, mattresses, bedding, packing hay, straw or',
other packing material or building materials on any premises
which not properly stored or neatly piled or is offensive to a
reasonable person or in which flies or rats may breed or
multiply; or
s 4. Accumulation of any litter, garbage, trash,
refuse and/or rubbish.
5. The keeping, using or maintaining of any pen,
stable, lot, place or premises in which any hog, cattle or fowl
may be confined or kept in such a manner as to be nauseous, foul
or offensive.
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C. The existence of any fence or other structure on
private property abutting or fronting upon any public street,
sidewalk or place which is in a sagging, leaning, fallen, decayed
or other dilapidated or unsafe condition; or
D. The existence of wrecked or disassembled trailers,
house trailersboats, tractors or other vehicle, appliance or
machinery of any kind, or any major parts thereof; or
E. The existence on any premises of any abandoned or
unused well, pit, shaft, cistern or storage tank without first
demolishing or removing from the premises such storage tank, or
securely closing and barring any entrance or trapdoor thereto or
without filling any well, pit, shaft or cistern or capping the 1
same with sufficient security to prevent access thereto; or
F. The existence in a place accessible to children ofl
any attractive nuisance dangerous to children, including but not
limited to any abandoned, broken or neglected equipment,
machinery, refrigerator, freezer, or other large appliance.
G. Dense smoke, noxious fumes, gas and soot, or
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cinders, in unreasonable quantities.
H. All snow and ice not removed from public sidewalks
within a reasonable time after the snow and ice has ceased to be
deposited thereon.
I. All trees, hedges, billboards, fences or other
obstructions which prevent persons from having a clear view of
traffic approaching an intersection from cross streets in I
sufficient time to bring a motor vehicle driven at a legal speed
to a full stop before the intersection is reached.
J. Any use of property abutting on a public street or
sidewalk or any use of a public street or sidewalk which causes
large crowds of people to gather, obstructing traffic and the
free use of the streets or sidewalks. This subsection shall not
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apply to events, programs or parades authorized by the city
council.
K. Any poisonous or harmful substance which is
reasonably accessible to persons or to animals.
L. The keeping or harboring of any animal which by
frequent or habitual howling, yelping, barking or the making of
other noises, or the keeping or harboring of any fowl which by
frequent habitual crowing or the making of other noises shall
annoy or disturb a neighborhood or any considerable number of
persons.
M. Every building or unit within a building used for
the purpose of unlawfully manufacturing, delivering, selling,
storing or giving away any controlled substance as defined in
Chapter 69.50 RCW, legend drug as defined in Chapter 69.41 RCW,
or imitation controlled substance as defined in Chapter 69.52
RCW, and every building or unit within a building wherein or upon
which such acts take place.
N. Soils contaminated by dangerous wastes, hazardous
substances or hazardous wastes as those terms are defined in RCW
70.105.010.
8.01.040. Authorized Act Not a Public Nuisance.
No act which is done or maintained under the express
authority of a statute or ordinance can be deemed a public
nuisance.
8.01.050. Violation - Penalty.
A. Any violation of any provision of this chapter
constitutes a civil violation under Kent City Code Chapter 1.04
for which a monetary penalty may be assessed and abatement may be
required as provided therein.
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B. In addition to or as an alternative to any other
penalty provided in this chapter or by law, any person who
violates any provision of this chapter shall be guilty of a
misdemeanor pursuant to Section 1.01.140 of the Kent City Code.
C. As an alternative to any other penalty provided in
this chapter, pursuant to a violation of Kent City Code
8.01.030(M), abatement proceedings may be instituted under
Chapter 7.43 RCW.
Section 3. Severability. The provisions of this
ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not
affect the validity of the remainder of the ordinance, or the
validity of its application to other persons or circumstances.
Section 4. Effective Date. This ordinance shall take
effect and be in force thirty (30)\days from the time of its
final approval and passage as provi ed by law.
ATTEST:
L,ec_J GZI'_G�L/
BRENDA JACOBE , TY CLERK
APPROVED AS TO FORM:
ROG A. LUBO11 Y ATTO 9EY
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KELLEHER, MAYOR
PASSED day of 574t _ _, 1993.
APPROVED day of i'y �,� 1993.
PUBLISHED day of / `� 1993.
I hereby certify that this is a true and correct
copy of Ordinance No.3111 passed by the City Council of
the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
pubmis.ord
BRENDA JA BE , CITY CLERK
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