Chapter 9.56 PUBLIC NUISANCES

Chapter 9.56
PUBLIC NUISANCES

Sections:

9.56.010 Purpose.

9.56.020 Definitions.

9.56.030 Voluntary correction.

9.56.035 Prerequisite to notice of abatement.

9.56.040 Notice of abatement.

9.56.050 Hearing before the violations hearing examiner.

9.56.060 Abatement by the county.

9.56.070 Environmental mitigation agreement for outdoor storage of junk motor vehicles on private property.

9.56.080 Additional enforcement procedures.

9.56.090 Removal of personal property and/or solid waste placed onto public access.

9.56.100 Conflicts.

9.56.110 Representation by attorney.

9.56.010 Purpose.

This chapter provides for the abatement of conditions which constitute a public nuisance where premises, structures, vehicles, or portions thereof are found to be unfit for human habitation, or unfit for other uses, due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, or due to other conditions which are inimical to the health and welfare of the residents of Kitsap County.

(Ord. 261 (2001) § 1 (part), 2001)

9.56.020 Definitions.

As used in this chapter, unless a different meaning is plainly required:

(1) “Abate” means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a nuisance under this chapter by such means, in such a manner, and to such an extent as the director determines is necessary in the interest of the general health, safety and welfare of the community.

(2) “Act” means doing or performing something.

(3) “Building” means any legally constructed structure consisting of a minimum of three sides and a roof.

(4) “Director” means the director of the department of community development, or the director of the department of public works, or their authorized designee, or any designee of the board of county commissioners, empowered to enforce a county ordinance or regulation.

(5) “Department” means the department of community development (DCD).

(6) “Development” means the erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of any land above, at or below ground or water level, and all acts authorized by a county regulation.

(7) “Emergency” means a situation which, in the opinion of the director, requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons or property.

(8) “Hulk hauler” means any person who deals in vehicles for the sole purpose of transporting and/or selling them to a licensed motor vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk hauler may not sell second-hand vehicle parts to anyone other than a licensed vehicle wrecker or scrap processor, except for those parts specifically enumerated in RCW 46.79.020(2), which may be sold to a licensed motor vehicle wrecker or disposed of at a public facility for waste disposal.

(9) “Junk motor vehicle” means a motor vehicle meeting at least three of the following requirements:

(a) Is three years old or older;

(b) Is extensively damaged, such damage including, but not limited to, any of the following: a buildup of debris that obstructs use, broken window or windshield; missing wheels, tires, tail/headlights, or bumpers; missing or nonfunctional motor or transmission; or body damage;

(d) Has an approximate fair market value equal only to the approximate value of the scrap in it.

“Junk motor vehicle” does not include a vehicle or part thereof that is stored entirely within a building in a lawful manner where it is not visible from the street or other public or private property, or a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to the requirements of RCW 46.80.130;

(10) “Nuisance,” “violation” or “nuisance violation” means:

(a) Doing an act, omitting to perform any act or duty, or permitting or allowing any act or omission, which significantly affects, injures, or endangers the comfort, repose, health or safety of others, is unreasonably offensive to the senses, or obstructs or interferes with the free use of property so as to interfere with or disrupt the free use of that property by any lawful owner or occupant; or

(b) The existence of any of the following conditions:

(i) Premises containing visible accumulations of trash, junk, litter, boxes, discarded lumber, ashes, bottles, boxes, building materials which are not properly stored or neatly piled, cans, concrete, crates, empty barrels, dead animals or animal waste, glass, tires, mattresses or bedding, white goods, numerous pieces of broken or discarded furniture and furnishings, old appliances or equipment or any parts thereof, iron or other scrap metal, packing cases or material, plaster, plastic, rags, wire, yard waste or debris, salvage materials or other similar materials, except that kept in garbage cans or containers maintained for regular collection. Nothing in this subsection shall prevent the temporary retention of waste in approved, covered receptacles;

(ii) Dangerous structures including, but not limited to, any dangerous, decaying, unkempt, falling or damaged dwelling, or other structure;

(iii) Any junk motor vehicle including, but not limited to, any junk motor vehicle, vehicle hulk or any part thereof which is wrecked, inoperable or abandoned, or any disassembled trailer, house trailer, or part thereof, with one exception:

(A) A property may store up to six junk motor vehicles on private property outside of a permitted building, only if the vehicles are: (i) completely screened (as defined in Section 9.56.020(17)) by sight-obscuring fence or natural vegetation to the satisfaction of the director (a covering such as a tarp over the vehicles will not constitute an acceptable visual barrier); or (ii) more than two-hundred and fifty feet away from all property lines. The owner of any such screened junk motor vehicle(s) must successfully enter into an environmental mitigation agreement with the department regarding the property where such vehicle(s) will be located or stored, as set forth in Section 9.56.070. Any junk motor vehicle that is stored outside on private property without an approved environmental mitigation agreement with the department shall be considered a nuisance in accordance with this chapter;

(iv) Vehicle lots without approved land use;

(v) Attractive Nuisances. Any nuisance defined in this subsection which is detrimental to children, whether in or on a building, on the premises of a building, or upon an unoccupied lot, which is left in any place exposed or accessible to children including, but not limited to, unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; and any lumber, trash, debris or vegetation which may prove a hazard for minors;

(vi) Obstructions to the public right-of-way including, but not limited to, use of property abutting a public street or sidewalk or use of a public street or sidewalk which causes any obstruction to traffic or to open access to the streets or sidewalks. This subsection shall not apply to events, parades, or the use of the streets or public rights-of-way when authorized by the county. This section includes the existence of drainage onto or over any sidewalk, street or public right-of-way, and the existence of any debris or plant growth on sidewalks adjacent to any property, and any personal property and/or solid waste that has been placed onto a public right-of-way pursuant to a court-ordered eviction per Title 59 RCW which has not been removed after twenty-four hours;

(vii) Illegal dumping including, but not limited to, dumping of any type by any person on public or private property not designated as a legal dump site; and

(viii) Dumping in waterways including, but not limited to, dumping, depositing, placing or leaving of any garbage, ashes, debris, gravel, earth, rock, stone or other material upon the banks, channels, beds or bars of any navigable water, or the felling of any tree or trees, so that the same shall in whole or in part project within the high water bank of any navigable watercourse, or the casting, placing, depositing or leaving of any logs, roots, snags, stumps or brush upon the banks or in the bed or channel of any navigable watercourse, unless otherwise approved by the appropriate governmental agency.

(11) “Omission” means a failure to act.

(12) “Person” means any individual, firm, association, partnership, corporation or any entity, public or private.

(13) “Person responsible for the violation” means any person who has an interest in or resides on the property where the alleged violation is occurring, whether as owner, tenant, occupant, or otherwise.

(14) “Repeat violation” means a violation of the same regulation in any location by the same person, for which voluntary compliance previously has been sought or a notice of abatement has been issued, within the immediately preceding twelve consecutive month period.

(15) “Scrap” means any manufactured metal or vehicle parts useful only as material for reprocessing.

(16) “Scrap processor” means a licensed establishment that maintains a hydraulic baler and shears, or a shredder for recycling salvage.

(17) “Screened” means not visible from any portion or elevation of any neighboring or adjacent public or private property, easement or right-of-way.

(18) “Vehicle” means every device capable of being moved upon a highway and in, upon, or by which any person or property is or may be transported or drawn upon a highway. Motorcycles shall be considered vehicles for the purposes of this chapter. Mopeds and bicycles shall not be considered vehicles for the purposes of this chapter.

(19) “Vehicle lot” means a single tax parcel where more than ten vehicles are regularly stored without approved land use by the department.

(20) “Violation” means a violation that constitutes a nuisance under this chapter for which a monetary penalty may be imposed as specified in this chapter. Each day or portion of a day during which a violation occurs or exists is a separate violation.

(21) “Violations hearing examiner” means a hearing examiner employed by the Board of County Commissioners and authorized to enforce the provisions of this chapter.

(Ord. 261 (2001) § 1 (part), 2001)

9.56.030 Voluntary correction.

(1) Issuance.

(a) When the director determines that a violation has occurred or is occurring, he or she shall attempt to secure voluntary correction by contacting the person responsible for the alleged violation and, where possible, explaining the violation and requesting correction.

(b) Voluntary Correction Agreement. The person responsible for the alleged violation may enter into a voluntary correction agreement with the county, acting through the director.

(i) Content. The voluntary correction agreement is a contract between the county and the person responsible for the violation in which such person agrees to abate the alleged violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:

(A) The name and address of the person responsible for the alleged violation;

(B) The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the alleged violation has occurred or is occurring;

(D) The necessary corrective action to be taken, and a date or time by which correction must be completed;

(E) An agreement by the person responsible for the alleged violation that the county may enter the property and inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;

(F) An agreement by the person responsible for the alleged violation that the county may abate the violation and recover its costs and expenses (including administrative, hearing and removal costs) and/or a monetary penalty pursuant to this chapter from the person responsible for the alleged violation if the terms of the voluntary correction agreement are not satisfied; and

(G) An agreement that by entering into the voluntary correction agreement, the person responsible for the alleged violation waives the right to a hearing before the violations hearing examiner under this chapter or otherwise, regarding the matter of the alleged violation and/or the required corrective action.

(ii) Right to a Hearing Waived. By entering into a voluntary correction agreement, the person responsible for the alleged violation waives the right to a hearing before the violations hearing examiner under this chapter or otherwise, regarding the matter of the violation and/or the required corrective action.

(iii) Extension and Modification. The director may grant an extension of the time limit for correction or a modification of the required corrective action if the person responsible for the alleged violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances have delayed correction under the original conditions.

(iv) Abatement by the County. The county may abate the alleged violation in accordance with Section 9.56.060 if all terms of the voluntary correction agreement are not met.

(v) Collection of Costs. If all terms of the voluntary correction agreement are not met, the person responsible for the alleged violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with Section 9.56.040(5), plus all costs and expenses of abatement, as set forth in Section 9.56.060(4) and allowed by RCW 35.80.030.

(Ord. 261 (2001) § 1 (part), 2001)

9.56.035 Prerequisite to notice of abatement.

Absent conditions which pose an immediate threat to the public health, safety or welfare of the environment, the procedures for abatement of conditions constituting a nuisance pursuant to this chapter should be utilized by the county only after correction of such conditions has been attempted through use of the civil infraction process, as specified in Title 17 and Chapter 2.116 of the Kitsap County Code. Once it has been determined by the county that correction of such conditions has not been adequately achieved through use of the civil infraction process, then the county shall proceed with abatement of such conditions pursuant to the provisions of this chapter.

(Ord. 261 (2001) § 1 (part), 2001)

9.56.040 Notice of abatement.

(1) Issuance.

(a) When the director determines that a violation has occurred or is occurring, and is unable to secure voluntary correction pursuant to Section 9.56.030, he or she may issue a notice of abatement to the person responsible for the alleged violation.

(b) Under the following circumstances the director may issue a notice of abatement without having attempted to secure voluntary correction as provided in Section 9.56.030:

(i) When an emergency exists;

(ii) When a repeat violation occurs;

(iii) When the violation creates a situation or condition which cannot be corrected;

(iv) When the person responsible for the violation knew or reasonably should have known that the action was in violation of a county regulation; or

(v) When the person responsible for the violation cannot be contacted when reasonable attempts to contact the person have failed, or the person refuses to communicate or cooperate with the county in correcting the alleged violation.

(2) Content. The notice of abatement shall include the following:

(a) The name and address of the person responsible for the alleged violation;

(b) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the alleged violation has occurred or is occurring;

(c) A description of the violation and a reference to the provision(s) of the county regulation(s) which has been allegedly violated;

(d) The required corrective action and a date and time by which the correction must be completed and, after which, the county may abate the unlawful condition in accordance with Section 9.56.060;

(e) The date, time and location of an appeal hearing before the violations hearing examiner which will be at least twenty, but no more than sixty days from the date of the notice of abatement, unless such date is continued by the violations hearing examiner for good cause shown;

(f) A statement indicating that the hearing will be canceled and no monetary penalty will be assessed, if the director approves the completed, required corrective action prior to the hearing; and

(g) A statement that the costs and expenses of abatement incurred by the county pursuant to Section 9.56.060(4), and a monetary penalty in an amount per day for each violation as specified in subsection (5) of this section, may be assessed against the person to whom the notice of abatement is directed as specified and ordered by the violations hearing examiner.

(3) Service of Notice. The director shall serve the notice of abatement upon the person responsible for the alleged violation, either personally or by mailing a copy of the notice by certified or registered mail, with a five-day return receipt requested, to such person at their last known address. If the person responsible for the violation cannot be personally served within Kitsap County, and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice of abatement conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made and, if by posting, the facts showing the attempts to serve the person personally or by mail. If the person responsible for the alleged violation is a tenant, a copy of the notice of abatement shall also be mailed to the landlord or owner of the property where the alleged violation is occurring. If the alleged violation involves a junk motor vehicle, notice shall be provided to the last registered and legal owner of record of said vehicle (unless the vehicle is in such condition that identification numbers are not available to determine ownership), as well as to the property owner of record, as shown on the last equalized assessment roll.

(4) Extension. Extensions of the time specified in the notice of abatement for correction of the alleged violation may be granted at the discretion of the director or by order of the violations hearing examiner.

(5) Monetary Penalty. The monetary penalty for each violation of this chapter is $250.00 per day or portion thereof.

(6) Continuing Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice of abatement was issued of the duty to correct the alleged violation.

(7) Collection of Monetary Penalty.

(a) A monetary penalty imposed pursuant to subsection (5) of this section constitutes a personal obligation of the person to whom the notice of abatement is directed. The monetary penalty must be paid to the county within ten calendar days from either the date of mailing of the violations hearing examiner’s decision following a hearing, or the date of mailing the violations hearing examiner’s default order if the person responsible for the violation failed to appear for the hearing. Any such monetary penalty also constitutes a lien against the affected real property, in the manner set forth in Section 9.56.060(6).

(b) The prosecuting attorney is authorized to take appropriate action to collect the monetary penalty.

(Ord. 261 (2001) § 1 (part), 2001)

9.56.050 Hearing before the violations hearing examiner.

(1) Notice. A person to whom a notice of abatement is issued will be scheduled to appear before the violations hearing examiner not less than twenty, nor more than sixty calendar days after the notice of abatement is issued. Continuances may be granted at the discretion of the director, or by the violations hearing examiner for good cause.

(2) Prior Correction of Violation. The hearing will be canceled and no monetary penalty will be assessed, if the director approves the completed required corrective action prior to the scheduled hearing.

(3) Procedure. The violations hearing examiner shall conduct a hearing on the notice of abatement and alleged violation pursuant to hearing examiner procedures approved by the board of county commissioners.

(a) Junk Motor Vehicles Placed or Abandoned on Private Property. If a junk motor vehicle is placed or abandoned on private property without the consent of the property owner, the owner of the property on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the property with his/her reasons for denial. If it is determined by the violations hearing examiner that the vehicle was placed on the property without the consent of the property owner and that he/she has not subsequently acquiesced in its presence, then the costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located, or otherwise collected from the property owner.

(4) Hearing Decision. At the conclusion of the hearing on the violation, the violations hearing examiner shall either: (i) affirm the issuance of the notice of abatement if he or she determines by a preponderance of the evidence that the violation exists substantially as stated in the notice of abatement; (ii) dismiss the notice of abatement and grant the appeal if he or she determines that the violation does not exist substantially as stated in the notice of abatement; or (iii) modify the abatement depending on the specifics of the violation. A copy of the violations hearing examiner’s ruling shall be mailed to the person found responsible for the violation, the county, and if the person responsible for the violation is a tenant, to the landlord or owner of the property where the violation is occurring.

(5) Monetary Penalties. The violations hearing examiner may assess monetary penalties in accordance with Section 9.56.040(5).

(a) The violations hearing examiner has the following options in assessing monetary penalties:

(i) Assess monetary penalties beginning on the date the notice of abatement was issued and thereafter;

(ii) Assess monetary penalties beginning on the correction date set by the director, or an alternate correction date set by the violations hearing examiner and thereafter;

(iii) Assess less than the established monetary penalty set forth in Section 9.56.040(5), based on the criteria of subdivision (5)(b), below, of this section; or

(iv) Assess no monetary penalties.

(b) In determining the monetary penalty assessment, the violations hearing examiner shall consider the following factors:

(i) Whether the person to whom the notice of abatement was issued responded to attempts to contact the person, and cooperated to correct the violation;

(ii) Whether the person failed to appear at the hearing;

(iii) Whether the violation was a repeat violation;

(iv) Whether the person showed due diligence and/or substantial progress in correcting the violation; and

(v) Any other relevant factors.

(c) The violations hearing examiner may double the monetary penalty schedule if the violation was a repeat violation. In determining the amount of the monetary penalty for repeat violations, the violations hearing examiner shall consider the factors set forth in subdivision (5)(b), above, of this section.

(6) Failure to Appear. If the person to whom the notice of abatement was issued fails to appear at the scheduled hearing, the violations hearing examiner will enter an order of default with findings pursuant to subsection (4) of this section and assess the appropriate monetary penalty pursuant to subsection (5) of this section. The county may enforce the violations hearing examiner’s order and recover all related expenses, including attorney fees, plus the costs of the hearing and any monetary penalty from the person to whom the notice of abatement was issued. A copy of the order of default shall be mailed to the person to whom the notice of abatement was issued and against whom the default order was entered, the county, and if the person found responsible for the violation is a tenant, to the landlord or owner of the property where the violation is occurring.

(7) Time Period for Correction. If a notice of abatement is affirmed by the violations hearing examiner, the person responsible for the violation shall have thirty days to abate the violation and bring the property into compliance with the terms of this chapter or the county may perform the abatement required therein, and shall bill the costs in the manner provided in Section 9.56.060 of this chapter.

(8) Judicial Review. Any person with standing to bring a land use petition under Chapter 36.70C RCW, including the county, may seek review of the violations hearing examiner’s decision by filing a land use petition in superior court and complying with all requirements of Chapter 36.70C RCW.

(Ord. 261 (2001) § 1 (part), 2001)

9.56.060 Abatement by the county.

(1) The county may abate a condition which constitutes a nuisance under this chapter when:

(a) The terms of the voluntary correction agreement pursuant to Section 9.56.030 of this chapter have not been met;

(b) A notice of abatement has been issued pursuant to Section 9.56.040, a hearing has been held pursuant to Section 9.56.050, and the required correction has not been completed by the date specified in the violations hearing examiner’s order; or

(2) Summary Abatement. Whenever any nuisance causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the county may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. If the person responsible for the violation is a tenant, notice of such abatement shall also be given to the landlord or owner of the property where the violation is occurring. No right of action shall lie against the county or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the county be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person responsible for the violation.

(3) Authorized Action by the County. Using any lawful means, the county may enter upon the subject property and may remove or correct the condition that is subject to abatement. The county may seek such judicial process as it deems necessary to effect the removal or correction of such condition.

(a) Removal of Junk Motor Vehicles, Vehicle Hulk or Parts Thereof. If the owner or person found responsible for a nuisance involving a junk motor vehicle, vehicle hulk or any parts thereof fails to correct his/her nuisance within the date specified in the violations hearing examiner’s order or notice of summary abatement, the county, upon notification from the director, may enter the subject property to inspect and certify that a vehicle meets the criteria of a junk motor vehicle as defined in this chapter. The law enforcement officer or county agent making the certification shall record the make and vehicle identification number or license number of the vehicle if available and/or legible, and shall also document in detail the damage or missing equipment to verify whether the approximate value of the vehicle is equivalent only to the approximate value of the scrap in it (only if that is one of the definitional criteria that was alleged in the notice of abatement issued by the county). The vehicle shall then be photographed by the officer or county agent, removed from the property by the county, and disposed of by a licensed vehicle wrecker, hulk hauler, or scrap processor with notice to the Washington State Patrol and the Washington State Department of Licensing that the vehicle has been wrecked. The vehicle shall only be disposed of as scrap.

(b) Photographic Record. The county shall maintain a photographic record of all abated junk motor vehicles for a period of two years following abatement. At the conclusion of the two-year period, a written report, along with copies of the photographs, shall be forwarded to the board of county commissioners.

(4) Recovery of Costs and Expenses. The costs of correcting a condition which constitutes a nuisance under this chapter, including all incidental expenses, shall be billed to the person responsible for the nuisance and/or the owner, lessor, tenant or any other person entitled to control the subject property, and shall become due and payable to the county within fifteen calendar days of the date of mailing the billing for abatement. The term “incidental expenses” includes, but is not limited to, personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation; towing/hauling, storage and removal/disposal expenses; and actual expenses and costs of the county in preparing notices, specifications and contracts associated with the abatement, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property, as set forth in subsection (6) of this section.

(5) Interference. Any person who knowingly hinders, delays or obstructs any county employee acting on direction of the director in the discharge of the county employee’s official powers or duties in abating a nuisance under this chapter, shall be guilty of a misdemeanor punishable by imprisonment not exceeding ninety days and/or a fine not exceeding $1,000.00.

(6) Lien – Authorized. The county shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all other related costs against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. The lien shall run with the land, but shall be subordinate to all previously existing special assessment liens imposed on 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.

(a) The director shall cause a claim for lien to be filed for record within ninety days from the later of the date that the monetary penalty is due, the work is completed, or the nuisance abated.

(b) The claim of lien shall contain sufficient information regarding the notice of abatement, as determined by the director, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.

(Ord. 261 (2001) § 1 (part), 2001)

9.56.070 Environmental mitigation agreement for outdoor storage of junk motor vehicles on private property.

Pursuant to subdivision (10)(b)(iii)(A) of Section 9.56.020 of this chapter, an environmental mitigation agreement between a property owner and the department is required before the outdoor storage of up to six screened junk motor vehicles will be approved. A property owner may enter into such agreement with the department for a one-time fee of $10.00 per vehicle, the proceeds from which shall be used to assist with clean up costs associated with this chapter. In order to mitigate any potential environmental impact from the storage of these junk motor vehicles, the property owner must agree to institute one of the following two preventative measures:

(1) Each junk motor vehicle must be drained of all oil and other fluids including, but not limited to, engine crankcase oil, transmission fluid, brake fluid and radiator coolant or antifreeze prior to placing the vehicle on site; or

(2) Drip pans or pads must be placed and maintained underneath the radiator, engine block, transmission and differentials of each junk motor vehicle to collect residual fluids.

Either preventative measure shall require that the owner of such vehicle(s) clean up and properly dispose of any visible contamination resulting from the storage of junk motor vehicles. The agreement will require the property owner to select one of the two preventative measures and to allow for an initial inspection of the property by the department to assure that the preventative measure has been implemented to the satisfaction of the department. By entering into the agreement, the property owner further agrees to allow the department entry onto the property on an annual basis for re-inspection to assure compliance with the approved agreement. If a property is found to be in compliance with the terms of the agreement for two consecutive inspections, the department may waive the annual inspection requirement. A property owner found to be in violation of the agreement may be fined a monetary penalty in accordance with Section 9.56.040(5), and the property may be deemed a nuisance in accordance with the provisions of this chapter.

(Ord. 261 (2001) § 1 (part), 2001)

9.56.080 Additional enforcement procedures.

The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by this code.

(Ord. 261 (2001) § 1 (part), 2001)

9.56.090 Removal of personal property and/or solid waste placed onto public access.

(1) Once personal property and/or solid waste belonging to an evicted tenant has been placed onto public right-of-way pursuant to a court-ordered eviction per Title 59 RCW, the evicted tenant/owner of the personal property and/or solid waste or his/her designee shall have twenty-four hours to remove said personal property and/or solid waste from the public right-of-way. Notice of such removal after twenty-four hours shall be given to the evicted tenant/owner of the personal property and/or solid waste or his/her designee. If, after twenty-four hours, the evicted tenant/owner or his/her designee has not removed the personal property and/or solid waste from the public right-of-way, the property shall be deemed a nuisance, and the landlord/property owner or his/her designee shall remove the personal property and/or solid waste for proper disposal within forty-eight hours or the county shall seek to abate the nuisance, pursuant to Section 9.56.060, to be billed to the landlord/property owner or his/her designee.

(Ord. 261 (2001) § 1 (part), 2001)

9.56.100 Conflicts.

In the event of a conflict between this chapter and any other provision of the Kitsap County Code or other county ordinance providing for a civil penalty, this chapter shall control.

(Ord. 261 (2001) § 1 (part), 2001)

9.56.110 Representation by attorney.

(1) A person subject to proceedings under this chapter may appear on his or her own behalf or be represented by counsel.

(2) The prosecuting attorney representing the county may, but need not, appear in any proceedings under this chapter.

(Ord. 261 (2001) § 1 (part), 2001)