HomeMy WebLinkAbout4824ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Title 9 of the Bremerton
Municipal Code by adding a new chapter, Chapter 9.16 entitled
"Public Nuisances" defining and declaring what constitutes a
public nuisance and providing for enforce~nent of public nuisance
violations.
WHEREAS, the current provisions of the Bremerton Municipal Code do
not provide for adequate enforcement procedures for public nuisances; and
WHEREAS, the City Council desires to add a new chapter to the Bremerton
Municipal Code relating to public nuisances in order to provide for more effective enforcement
of public nuisances including enforcement through Chapter 1.04 BMC; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
.SECTION 1. Title 9 of the Bremerton Municipal Code is hereby amended by
adding a new chapter, Chapter 9.16 entitled "Public Nuisances" to mad as follows:
Chapter 9.16
PUBLIC NUISANCES
9.16.010 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 BMC 9.16.020 to be a public nuisance. As used
herein, public nuisance means a nuisance which affects equally the rights of an entire community
or neighborhood, although the extent of the damage may be unequal.
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Public Nuisances
9.16.020 TYPES OF NUISANCES.
Each of the following conditions, unless otherwise permitted by law, is declared to
constitute a public nuisance, and whenever the director deternrines 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 Ch. 1.04 BMC, Code Enforcement:
a. Erecting, maintaining, using, placing, depositing, leaving or pernfitting 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 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 ani~nal, fish or fowl, or waste parts of fish, vegetable or aninml
matter in any quantity; the carcass of any animal, manure, human urine and/or excrement,
decayed waste or discarded food, meat, fish, animal or vegetable refuse or any putrid or
offensive animal or vegetable matter; but nothing herein shall prevent the temporary retention of
waste in approved appropriate 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, broken crockery, broken glass,
broken plaster, litter, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding,
packing hay, straw or other packing material or building materials including lumber, plumbing
materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing
material, cans of paint and similar materials 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
Accumulation of any garbage and refuse as defined in chapter 6.04 BMC;
Accumulation of yard trimmings, excluding properly maintained yard
compost, or other matter which is offensive to a reasonable person; except for such yard debris
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Public' Nuisances
that is properly contained for the purpose of composting and concealed so as not to affect the
health, safety or depreciation of adjoining property.
b. 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
c. The existence of wrecked or disassembled trailers, house trailers, boats, tractors or
other vehicle, appliance or machinery of any kind, or any major parts thereof; or
d. 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 same with sufficient security to prevent access thereto; or
e. The existence in a place accessible to children of any attractive nuisance
dangerous to children, including but not limited to any abandoned, broken or neglected
equipment, machinery, refrigerator, freezer, or other large appliance.
f. Any use of property abutting on a public street or sidewalk or any use of a public
street or sidewalk which causes people to gather in numbers sufficient to obstruct vehicular or
pedestrian traffic. This subsection shall not apply to events, programs or parades authorized by
the city.
g. Any poisonous or harmful substance which is reasonably accessible to persons or
to animals.
h. Soils contaminated by dangerous waste, hazardous substances or hazardous
wastes as those terms are defined in RCW 70.105.010.
i. Nuisance vegetation as defined in Chapter 9.14 BMC;
j. Lumber, wood, cardboard or other flammable material of any kind including, but
not limited to, any hazardous materials or waste oil, gasoline or diesel products stored in such a
manner as to constitute a fire hazard;
k. Scrap metal, appliances, rubber, tools, implements, or parts or portions thereof,
batteries, rope, rags, or plastic;
1. The maintenance of signs and/or sign structures relating to uses no longer
conducted or products no longer sold on vacant commercial, industrial or institutional buildings
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Public Nuisauces
or lots more than forty-five (45) days after the building becomes vacant or event or purpose fbr
which the sign or structure was erected has passed;
o. Buildings or structures which are abandoned, partially destroyed, or permitted to
remain in a state of partial construction or partial demolition in such a state as to constitute an
attractive nuisance;
p. The failure to safely and completely close, maintain and secure all doorways,
windows or other openings into vacant structures or to secure broken windows to secure the
structure from unauthorized entry;
q. 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 drag 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.
r. Unprotected and/or hazardous foundations and excavations;
s. Land or property which because of conditions on site (whether its natural state or
as a result of grading, surface water drainage or acts of nature such as earthquakes, rain,
landslides, sinkholes and so forth) presents problems of such magnitude as to be injurious or
potentially injurious to the public health, safety and welfare, including to adjacent property
owners.
9.16.030 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.
9.16.040 VIOLATION - PENALTY.
a. Any violation of any provision of this chapter constitutes a civil violation under
Ch. 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as
provided therein.
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 1.12.020(2) BMC.
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Public Nuisances
c. As an alternative to any other penalty provided in this chapter, pursuant to a
violation of BMC 9.16.020(q), abatement proceedings may be instituted under Chapter 7.43
RCW.
SECTION 2. Severabilit¥. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the v'alidity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the~,,.qg~ day of 5~7.,'a~:Zt4'~q.4) ,2002
PASSED by the City Council the~J~.~ day of t/d~Y~-.~4J,-) ,2002
CAROL ARENDS, Council President
Approved this
day of /q.q~-r~-ffJt_/ ,2002
CARY BOZEMAN, Mayor
ATTEST:
KATHLEEN MCCLUSKEY,ICity Clerk
n'RJ)GER ~. LUBOVICH, City.~orney
PUBLISHED the~.ff_,~ day of ~3q~m~tf~4.4~
EFFECTIVE the /_~_~O day of ~X~
OP. DIN^NCE NO.
,2002
,2002
R:\LEGAL\Ordinances\Cotle Enforcement\Public Nuisances - final.doc
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Public Nuisances
AFFIDAVIT OF PUBLICA nON
County of Kitsap, State of Washington
No. 100032029
I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of
the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually
as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time,
was printed in an office maintained in the aforesaid place of publication of said newspaper; that the
following is a true text of a legal advertisement as it was published in regular issues (and not in
supplement form) of said newspaper on the following dates, to wit: November 5,2002; and that such
newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum of 1.68 amount has not been paid in full.
(Signature of Principal Clerk)
JYJ
Subscribed and sworn to before me this day of November 9,2002
Notary Public in and for the State of Washington, Kitsap County.
SUMMARY OF
ORDINANCE NO. 4824.
AN ORDINANCE ofthe City Council of the City of Bremerton, Washington, amending Title 9 of the
Bremerton Municipal Code by adding a new chapter, Chapter 9.16 entitled "Public Nuisances" defining
and declaring what constitutes a public nuisance and providing for enforcement of public nuisance
violations.-
APPROVED by the City Council the 23rd day of October, 200T
PASSED by the City Council the 23rd day of October, 200T
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton,
W A 98337.-
November 5, 2002- - #100032029-