HomeMy WebLinkAbout4583 ORDINANCE NO. ~__~.3
AN ORDINANCE declaring residences used by frequent offenders to be a public
nuisance and subject to abatement.
WHEREAS, properties with occupancy by persons involved in drug-related activity and
violent crimes creates a pattern of property use which threatens the safety and security of residential
neighborhoods, increases vehicular and pedestrian traffic, increases noise disruptive to the peace and
repose of surrounding properties, and creates frequent calls for police and fire services associated
with use of the property; now, therefore,
TI:IE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. New Chapter. A new Chapter c./'. qo~ , CRIMINAL ACTIVITY
NUISANCE, is hereby added to Chapter c~ to read as follows:
q: q,~ .010 NUISANCE DECLARED - AUTHORITY.
(a) Every building or unit within a building used as a dwelling by persons convicted of
offenses related to controlled substances as defined in chapter 69.50 RCW, 69.41 RCW or 69.52
RCW or public disturbance offenses which have an adverse impact on the surrounding neighborhood,
and otherwise meets the criteria of a criminal activity residence, is a public nuisance which shall be
abated under this chapter.
(b) "Public Disturbance Offenses" as used in this chapter includes, but is not limited to, any
of the following crimes:
(1) Assault in the first degree (RCW 9A. 36.011);
(2) Assault in the second degree (RCW 9A.36.021);
(3) Assault in the third degree (RCW 9A.36.031);
(4) Assault in the fourth degree (RCW 9A.36.041);
(5) Assault of a child in the first degree (RCW 9A.36.120);
(6) Assault of a child in the second degree (RCW 9A.36.130);
(7) Child molestation in the first degree (RCW 9A.44.083);
(8) Child molestation in the second degree (RCW 9A.44.086);
(9) Child molestation in the third degree (RCW 9A.44.089);
(10) Extortion in the first degree (RCW 9A.56.120);
(11) Extortion in the second degree (RCW 9A. 130);
(12) Harassment (RCW 9A.46.020);
(13) Malicious harassment (RCW 9A.36.080);
(14) Telephone harassment (RCW 9A.61.230);
(15) Reckless endangerment in the first degree (RCW 9A.36.045);
(16) Reckless endangerment in the second degree (RCW 9A.36.050);
(l~) Coercion (RCW 9A.36.070);
(~J') Burglary in the first degree (RCW 9A.52.020);
(30) Burglary in the second degree (RCW 9A.52.030);
~) Criminal trespass in the first degree (RCW 9A.52.070);
(2-,fi) Criminal trespass in the second degree (RCW 9A. 52.080);
(2~) Malicious mischief in the first degree (RCW 9A.48.070);
~2~ Malicious mischief in the second degree (RCW 9A.48.080);
~) Malicious mischief in the third degree (RCW 9A.48.090);
(24) Kidnaping in the first degree (RCW 9A.40.020);
(~) Kidnaping in the second degree (RCW 9A.40.030);
,~ Unlawful imprisonment (RCW 9A.40.040);
~ Indecent liberties (RCW 9A.44.100);
~g) Rape in the first degree (RCW 9A.44.040);
Rape in the second degree (RCW 9A.44.050);
Rape in the third degree (RCW 9A.44.060);
Rape of a child in the first degree (RCW 9A.44.073);
Rape ora child in the second degree (RCW 9A.44.076);
(35) Rape of a child in the third degree (RCW 9A.44.079);
(.~-'-'~ Residential burglary (RCW 9A.52.025);
{~) Stalking (9A.46.110);
Violation of a temporary or permanent protective order issued pursuant to chapter
9A.46, 10.14, 10.99, 26.09, or 26.50 RCW;
.& Prostitution (BMC 9.24.020);
(,40J Permitting prostitution (BMC 9.24.050);
(~1~ Soliciting prostitution (BMC 9.24.060);
(~-~ Drug related loitering (BMC 9.88.010);
(.~ Disorderly conduct (BMC 9A.44.020);
(,~ Lewd conduct (BMC 9A.44.070);
(~ Unlawful disposal (BMC 6.04.050); and
(~ Public disturbance noise (BMC 6.32.110).
(c) As used in this chapter, "criminal activity residence" means a building or unit within a
building occupied by a person or persons convicted under the above statutes or comparable city
ordinances of three felonies, or any combination of felonies, misdemeanors, gross misdemeanors or
CRIMACT1.ORD - Disk 2 - 215197
infractions totaling five or more, within a one year period, provided said convictions have an adverse
impact on the surrounding neighborhood. The adverse impact associated with the conviction
includes, but is not limited to, unlawfully manufacturing, delivering, selling, storing or giving away
any controlled substance, legend drug or imitation controlled substances as defined in chapters 69.50,
69.41 and 69.52 RCW; arrests or searches by law enforcement personnel; police or fire response at
the premises or within 100 yards thereof, commission of any act which is an element of the offense.
(d) This chapter is enacted under authority of Art 11 § 11 of the state constitution and RCW
35.22.280(30), 7.48.155, 7.48.220 and 7.48.240.
c] cf~ .020 ABATEMENT ORDER - ISSUANCE - APPEAL. Upon the discovery of
a nuisance defined by this chapter, the Chief of Police or designee may issue an order of abatement:
(a) Directing the owner and person(s) in possession of the premises to abate it by closure of
the building or unit within a building against its use for any purpose and to keep it closed for a period
of one year unless released sooner as provided in this chapter; said order to take effect fourteen days
after serve and posting under section (.030).
(b) Stating that while the order of abatement remains in effect, any person entering the
building without the consent of the Chief of Police shall be charged with trespass.
(c) Describing the nature of the nuisance under this chapter, specifying a reasonable time
within which the building must be vacated and secured, and the right of the owner or occupant to
appeal to the Hearing Examiner pursuant to BMC 2.62.045. The effective date of the abatement
order shall be stayed pending administrative appeal.
~ c~ .030 ABATEMENT ORDER - SERVICE - POSTING. At least fourteen days
prior to the effective date of the abatement order the Chief of Police shall post a copy of the order
CRIMACT1.0RD - Disk 2 - 2/5/97 4
in a conspicuous place on the building or unit subject to abatement, and serve a copy on the property
owner and any person in possession of the property, if known, personally or by first class mail. Upon
the effective date, the abatement order shall be filed with the Kitsap County Auditor for recording.
~. c/~ .040 ABATEMENT ORDER - CANCELLATION - STAY.
(a) If the Chief of Police, or the Hearing Examiner upon appeal, finds and concludes that the
owner of the building or unit within a building: (1) had no knowledge of the existence of the nuisance
or has been making reasonable efforts to abate the nuisance, and (2) will immediately abate any such
nuisance that may exist at the building or unit within a building and prevent it from being a nuisance
within a period of one year thereafter, the Police Chief or Hearing Examiner shall, if satisfied of the
owner's good faith, order the building or unit within a building to be delivered to the owner, and the
order of abatement shall be canceled. If an order has been entered and the owner subsequently meets
the requirements of this section, the order of abatement shall be canceled.
(b) If the Chief of Police, or the Hearing Examiner upon appeal, finds and concludes that: (1)
a tenant of the building or unit within a building, the tenant's household or tenant's guests are not
solely responsible for creation of the criminal activity residence nuisance, and (2) had no knowledge
ora history of occupancy of the building or building unit creating the nuisance, the effective date of
the order of abatement shall be stayed to allow sufficient time to terminate the tenancy under the
Residential Landlord Tenant Act (chapter 59.18 RCW) or a current rental or lease agreement
submitted by the landlord or tenant.
~. 9'~ .050 NONEXCLUSIVE REMEDY. The provisions of the Chapter relative to
the abatement of criminal activity nuisances are not exclusive, and all other rights or remedies of the
City or any citizen, including drug nuisance abatement under Chapter 7.43 RCW, are declared to
CRIMACT! .ORD - Disk 2 - 2/5/97 5
remain in full force and effect.
q, q,,~ .060 PENALTIES. It shall be unlawful and a violation of this Chapter to
knowingly:
(a) Occupy or suffer to be occupied any building or premises ordered vacated;
(b) Fail to comply with any order issued pursuant to this Charter; or
(c) Obstruct any officer or agent of the City of Bremerton or other governmental unit in the
enforcement of this Chapter. Violation of this Chapter is a gross misdemeanor.
Section 2. Effective Date. This ordinance shall take effect ten (10) days from passage and
publication.
APPROVED by the City Council of the City of Bremerton this,5'-Y_5/cday of
1997.
PASSED by the City Council of the City of Bremerton this .?&3?J day of
1997.
ITAVID D. FARK Council President
APPROVED this )L_C-~, day of "~Ca~ ,1997.
L~HOR[I'ON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk