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HomeMy WebLinkAbout1970ORDINANCE NO.� AN ORDINANCE of the City of Kent, Washington, defining a public nuisance, declaring certain acts to constitute a public nuisance, providing penalties for a public nuisance and repealling Ordinances No. 5, 73, 149, 194, 195, 359, 514, 532, 715, 878 and 881. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. CONSTRUCTION. This Ordinance shall be deemed an exercise of the police power of the City of Kent, and is deemed necessary for the continued peace, health and welfare of the City. Therefore, all of its provisions shall be liber- ally construed for the accomplishment of such purposes. Section 2. PUBLIC NUISANCE DEFINED. The term "public nuisance" is defined to be an act or omission to act, or a condition or use of property which either annoys, injures or endangers the comfort, repose, health or safety of the public; offends public decency; or in any way renders other persons inse- cure in life, or in the use of property. Section 3. PUBLIC NUISANCES DECLARED. The follow- ing are hereby declared to be public nuisances: (1) Accumulations of manure or rubbish except a compost pile so covered or concealed as not to affect the health, safety or depreciation of adjoining property; (2) Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; (3) Carcasses of animals not buried or destroyed within twenty-four hours after death; (4) Ponds or pools of stagnant water; (5) All snow and ice not removed from public side- walks within a reasonable time after the snow and ice has ceased to be deposited thereon; (6) All trees, hedges, billboards, fences or other obstructions which prevent persons from having a clear view of traffic approaching an inter- section from cross streets in sufficient time to bring a motor vehicle driven at a legal speed to a full stop before the intersection is reached. (7) All limbs of trees overhanging a public side- walk which are less than eight feet above the surface of said sidewalk, or overhanging a City street which are less than twelve feet above the surface of said street. (8) 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; PROVIDED, that this subsection shall not apply to events, programs or parades authorized by the City Council; (9) Any poisonous or harmful substance which is reasonably accessible to persons or to animals; (10) 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 offen- sive; (11) 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; (12) All unused, abandoned, or discarded refriger- ators, ice boxes, or like containers which are left in any place exposed or accessible to children unless all doors have been removed therefrom; (13) All grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died which is a fire hazard or is infested with caterpillars or other horticultural pests, or otherwise constitute a menace to the public health, safety or welfare. Section 4. PUBLIC NUISANCE - VIOLATION. Any person who acts or fails to act or uses his property in such a manner as to create a public nuisance as defined in this Ordinance shall be guilty of a misdemeanor. - 2 - Section 5. PENALTY. Any person found guilty of a misdemeanor under the provisions of this Ordinance shall be sub- ject to a fine not to exceed five hundred (500) dollars. Each day that a public nuisance is allowed to continue shall constitutX a separate offense. Section 6. DETERMINATION - ABATEMENT - NOTICE. It shall be the duty of the Kent Building Official to determine if a public nuisance exists within the City of Kent. Upon making that determination the Building Official shall serve written notice upon the owner of record, as well as the occupant, of the property where the nuisance is located that a resolution will be introduced at a meeting of the City Council authorizing the City to remove or abate the public nuisance. The notice shall include: (1) A description of the property involved; (2) The condition which constitutes the nuisance; (3) An order requiring the abatement or removal of the nuisance; (4) The date and time of the presentation of and hearing on the resolution authorizing the City to abate or remove the nuisance; and (5) Notice that if the City removes or abates the nuisance that the costs incurred by the City shall become a charge against the owner and a lien against the property. The notice shall be served in such a manner that the owner and the occupant of the property receive it not less than five days prior to the Council meeting at which the resolution will be introduced. If the nuisance has not been abated or removed at the time for presentation of the resolution to the Council, the Council may authorize the Building Official to cause the nuisance to be abated and removed with the costs of said abatement or re- moval to become a charge against the owner of the property and a lien against the property. Provided, that where the nuisance is of such char- acter and is so situated that it can be abated or removed without the unreasonable invasion or destruction of private property, and further continuance is likely to result in expense to the City or injury to any person the Building Official may cause the nuisance to be summarily abated or removed. Section 7. SEVERABILITY. Every section, provision - 3 - or part of this chapter is declared separable from every other section, provision or part; and if any section, provision or part hereof shall be held invalid, it shall not affect any other section, provision or part not declared invalid. Section 8. REPEALER. Ordinances 5, 73, 149, 194, 195, 359, 514, 532, 715, 878, and 881 of the City of Kent are hereby repealed. Section 9. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. 1 i f ISABEL HOGAN, Mj4yOR ATTEST: MARIE JENSEN,`_C TY CLERK ROVED AS TO FORM: DONALD E. MIRK, CITY ATTORNEY PASSED the IC1 day of July, 1976. APPROVED the day of July, 1976. PUBLISHED the day of July, 1976. I hereby certify that this is a true copy of Ordi- nance No. 4'�2D , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARIE JENSEIV, CITY CLERK - 4 -