1. 
This Title shall apply to the enforcement of Kittitas County ordinances and codes, related to building, zoning, fire, and environmental health and safety, the violation of which either injures or endangers the comfort, repose, health, or safety of others are hereby declared a public nuisance:
a. 
Title 5 Kittitas County Code (KCC), Business Licenses and Regulations;
b. 
Title 8 KCC, Health, Welfare, and Sanitation;
c. 
Title 12 KCC, Roads and Bridges;
d. 
Title 13 KCC, Water and Sewers;
e. 
Title 14 KCC, Buildings and Construction;
f. 
Title 15 KCC, Environmental Policy;
g. 
Title 16 KCC, Subdivisions;
h. 
Title 17 KCC, Zoning;
i. 
Title 17A KCC, Critical Areas;
j. 
Title 17B KCC, Shorelines;
k. 
Title 20 KCC, Fire and Life Safety; and
l. 
All Kittitas County Health Ordinances and Codes, including but not limited to, Solid Waste Ordinance(s).
2. 
This Title shall also apply to the following additional public nuisances:
a. 
Any public nuisance as defined by Washington State Statute or set forth in Washington case law;
b. 
Any attractive nuisance whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and junk vehicles, as defined in this chapter; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard;
c. 
The existence of any dead, diseased, infested, or dying trees which may constitute a danger to property or persons;
d. 
The existence of any tree, shrub or foliage, unless by consent of the county, which is apt to destroy, impair, interfere or restrict:
i. 
Roads, sidewalks, sewers, utilities or other public improvements, or
ii. 
Visibility, or free use of, or access to such improvements.
e. 
The existence of any vines or climbing plants growing into or over any road, public hydrant, pole or street light, or the existence of any shrub, vine or plant growing on, around, or in front of any hydrant, stand pipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof, or impair the access thereto;
f. 
The existence of a sidewalk or portion of a sidewalk adjacent to any premises which sidewalk is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience and the use of such sidewalk;
g. 
The existence of any obstruction (including snow or ice that has been plowed into or across a road, alley, crossing or sidewalk) to a road, alley, crossing or sidewalk, which is by ordinance prohibited, or which is made without lawful permission, or which having been made by lawful permission, is kept and maintained after the purpose therefore has been accomplished, and for an unreasonable length of time;
h. 
The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any road, alley, sidewalk, park, parkway, or other public or private place in the county, any one or more of the following: disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions, or objects;
i. 
Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal, tires, articles, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or receptacles;
j. 
Any trash, litter, rags, accumulations, or empty barrels, boxes, crates, packing cases, mattresses, bedding, straw or other packing materials, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply, or which may be a fire hazard;
k. 
The depositing or burning or causing to be deposited or burned in any road, alley, sidewalk, park, parkway, or other public place which is open to travel, any hay, straw, paper, wood, boards, boxes, leaves, manure, or other rubbish or materials;
l. 
The existence of any pits, potholes, or holes which would endanger safety;
m. 
The existence of any conditions that would produce dust or noxious odors; provided, that nothing herein shall be prohibited when done in conjunction with a construction project for which a building permit has been issued and is being prosecuted diligently to completion, and the contractor or owner shall be responsible for dust control throughout the development area;
n. 
The existence of any fence or other structure or thing on private property abutting or fronting upon any public road, sidewalk, or place which is in a sagging, leaning, falling, decaying, or other dilapidated or unsafe condition;
o. 
Unlawful disposal sites. It is unlawful for anyone to deliver and/or deposit any garbage or rubbish generated within or outside the county at any disposal site other than a refuse disposal, processing, transfer or recovery site provided and/or designated by the County Public Works Director pursuant to chapter 13.12 KCC;
p. 
Buildings found substandard pursuant to chapter 14.04 KCC;
q. 
Vehicles, boats and trailers, on property for sale. The placing or parking along street and road rights-of-way or in direct and plain view thereof any vehicle, licensed or unlicensed, boat, trailer, motor-home, mobilized equipment or machinery, recreational vehicle and equipment placed or parked on property that is owned by someone that is other than the owner of the vehicle, trailer, motor-home, etc. for the purpose of selling the same. The placing or parking of any vehicle, etc. on property owned by another includes business and commercial property so long as the business is not regularly engaged and licensed pursuant to chapter 46.70 RCW, in selling the particular vehicle, equipment, etc.
r. 
Any "Junk Vehicle." The definition of "junk vehicle" is a vehicle intended to be self-propelled and used for the transport of people, goods, and/or services.
i. 
In addition to the above definition, a vehicle must meet at least three of the following to be a "junk vehicle" under § 18.01.010(r) KCC
1. 
Is three years old or older;
2. 
Is extensively damaged, such damage including, but not limited to, any of the following:
a. 
A broken window or windshield;
b. 
Missing wheels or tires; or
c. 
Missing motor, or transmission;
3. 
Is without a valid, current license plate or certificate of registration;
4. 
Is apparently inoperable;
5. 
Has an approximate fair market value equal only to the approximate value of the scrap in it.
ii. 
This definition of a "junk vehicle" shall not apply to:
1. 
A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the road or other public or private property; or
2. 
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 RCW 46.80.130; or
3. 
A vehicle which is actively being restored, repaired, or reconditioned. A property shall only have one vehicle under this exception. If the project is not completed within two years, the vehicle must be removed as provided herein.
s. 
Any existing excavation or embankment or fill that has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel;
t. 
All "litter" and "potentially dangerous litter" as defined in Section 70.93.030 RCW. The definition of "Potentially dangerous litter" is amended to include any litter which is disposed of in such a way as to create a fire hazard, such as any material which is still burning at the time of disposal.
3. 
It is unlawful and a violation of this chapter for any person, firm, or corporation found guilty of having created, or allowing to exist on premises either owned or leased by them, any nuisance defined herein. Owners remain liable for violations of duties imposed by this chapter jointly and severally of any obligation imposed on the occupants of the premises; it is irrelevant to this chapter that an owner, by agreement, imposed on the occupant the duty of complying with this chapter.
4. 
Successive property owners are liable for abatement of nuisances created by their predecessors in interest. No right can be acquired to continue a nuisance by virtue of its longtime existence. It shall not be necessary to show that the owner participated in, or was even aware of, the code violation in order to hold him/her liable. Kittitas County first adopted the Uniform Building Code and Building Code Standards published by the lnternational Conference of Building Officials on April 17, 1984. Structures constructed prior to that time are considered legal nonconforming uses. lt is the landowner's burden to prove the date of construction and that it has not been abandoned or modified since construction. Proof of construction may include, but is not limited to, historical county records. historical photographs. aerial photographs, etc. A legal nonconforming use is not exempt from the requirements of the Shoreline Master Program or other bodies of state and federal law.
5. 
Violations of the applicable codes shall be corrected under the provisions of this Title, in coordination with existing ordinance and code provisions.
(Ord. 94-25 (part), 1994; Ord. 2005-29, 2005; Ord. 2006-37, 2006; Ord. 2009-19, 2009; Ord. 2009-22, 2009; Ord. 2013-012, 2013; Ord. 2016-010, 2016)
Only an authorized official may enforce the provisions of this Title. For purposes of this Title, an authorized official is defined as any of the following:
1. 
The Kittitas County Sheriff and his or her authorized representatives shall have the authority to enforce the provisions of this Title.
2. 
The Kittitas County Code Enforcement Officer and his or her authorized representatives shall have the authority to enforce the provisions of this Title
3. 
The Kittitas County Prosecuting Attorney shall have the authority to enforce the provisions of this Title and may institute any legal proceedings necessary to enforce the provisions of this Title.
4. 
The Kittitas County Fire Marshal and his or her authorized representatives shall have the authority to enforce the provisions of this Title as to violations of Chapter 9.30, Chapter 15.08 and 20 of Kittitas County Code, and all other fire and life safety code and ordinances as adopted by Kittitas County.
5. 
The Kittitas County Community Development Services Director and Planning Official and their authorized representatives shall have the authority to enforce the provisions of this Title as to violations of Titles 15, 16, 17, 17A, and 17B of Kittitas County Code.
6. 
The Kittitas County Community Development Services Director and Building Official and their authorized representatives shall have the authority to enforce the provisions of this Title as to violations of all building codes adopted by Kittitas County.
7. 
The Kittitas County Public Works Director and his or her authorized representatives shall have the authority to enforce the provisions of this Title as to violations of Title 12, Chapter 13.40, Chapter 14.05, and Chapter 14.08 of Kittitas County Code.
8. 
The Kittitas County Board of Health may designate other persons to administer the provisions of this Title as to violations of Titles 8 and 13 and the Kittitas County Health Code and Ordinances.
9. 
The Kittitas County Board of County Commissioners may designate other persons to administer the provisions of this Title. Designation of enforcement officers shall be made by resolution and may designate persons by name or position.
(Ord. 94-25 (part), 1994; Ord. 2006-37, 2006; Ord. 2009-19, 2009; Ord. 2013-012, 2013; Ord. 2019-013, 2019)
The violation of any provision of the applicable codes or sections or the presence of a nuisance, as set forth in KCC § 18.01.010 ("violation"), shall constitute a civil infraction. Each such violation shall constitute a separate civil infraction for each and every day or portion thereof during which such violation is committed, continued, or permitted.
(Ord. 9425 (part), 1994; Ord. 2005-29, 2005; Ord. 2006-37, 2006; Ord. 2009-19, 2009)
Any person, company, firm, corporation or other legal entity who:
1. 
Commits a violation as set forth in KCC § 18.01.010 on two or more days within any twelve-month period shall be guilty of a misdemeanor, punishable by up to ninety days in jail and/or a fine of up to one thousand dollars.
2. 
Having had two or more prior code convictions and/or findings of having committed code infractions, including notices of violation and abatement, under this Title and thereafter commits a third violation as set forth in KCC § 18.01.010 within ten years shall be guilty of a gross misdemeanor, punishable by up to three hundred sixty-five days in jail and/or a fine of five thousand dollars.
(Ord. 2005-29, 2005; Ord. 2006-37, 2006; Ord. 2009-19, 2009)
1. 
All entry made onto private property for the purpose of inspection for code compliance or investigation of complaints shall be lawful when conducted in strict conformity with constitutional and statutorily established policies and constraints on entry as established by statutory or case law. The right of entry granted by this title shall not supersede those legal constraints. lf entry is denied, the authorized official may use any lawful means necessary to obtain entry.
2. 
Upon written notice of intent to seek a search warrant, when a tenant/occupant or landlord/owner denies the authorized official the right to search a premises, the county may immediately seek a search warrant, upon a showing of probable cause specific to the premises sought to be searched that code and/or statutory violations exist upon the premises chargeable as a criminal violation pursuant to KCC § 18.01.050, a court of competent jurisdiction shall issue a warrant allowing a search of such premises.
a. 
Probable cause that a multi-day violation exists that would be chargeable as a misdemeanor pursuant to KCC § 18.01.050 requires that the inspecting county employee, on at least two separate days, either observed conditions constituting a violation under this chapter or was refused entry upon premises to inspect for such a violation after receiving information reasonably leading him/her to believe such violations existed.
b. 
Either the observation of multi-day violations or the multi-day denial of entry after receipt of information as to suspicious conduct shall be attested to by sworn affidavit.
3. 
The Superior Court and courts of limited jurisdiction organized under Titles 3, 35, and 35A RCW have jurisdiction to issue such search warrant. Evidence obtained pursuant to any such search may be used in a criminal, civil, or administrative enforcement action.
(Ord. 2006-37, 2006; Ord. 2009-19, 2009)