The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
A. 
"Abate"
means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer, in his judgment, determines is necessary in the interest of the general health and welfare of the community.
B. 
"Building materials"
means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.
C. 
"Enforcement officer"
means for purposes of this chapter the planning and community development director.
D. 
"Premises"
means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved, including adjacent sidewalks, parking strips, and alleyways, and, on streets without curbs and gutters, "premises" includes the untraveled portion of right-of-way adjacent to said building, lot, parcel, real estate, land or portion of land, improved or unimproved.
E. 
"Property"
means any object of value that a person may lawfully acquire and hold.
F. 
Public Nuisances.
1. 
A nuisance consists of unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal, or basin, or any public park, square, street or highway, or in any way renders other persons insecure in life or the use of property.
2. 
"Public nuisances"
include, but are not limited to, those nuisances specifically set forth in ZMC § 8.12.020 and the following: violations of zoning regulations, building code standards and regulations, utility regulations and standards, property maintenance codes, environmental regulations and standards, noncompliance with the city's comprehensive plan or planning goals under the Washington State Growth Management Act; violations of business license regulations; illegal discharges of sewage; the operation of offensive, odiferous or unsanitary businesses; accumulations of refuse constituting fire or safety hazards; and land use activity which depreciates land value, is unsightly, creates excessive noise, fumes, odors or unsanitary conditions, creates danger from fire and/or explosion, creates traffic hazards, or activities which pose a danger to public health, safety or welfare or the economic well-being of the community.
G. 
Class "1" Nuisances. Class "1" nuisances are those nuisances that, due to their exigent nature, must be abated immediately. Class "1" nuisances may be cited immediately by an enforcement officer unless otherwise provided herein and are misdemeanors.
H. 
Class "2" Nuisances. Class "2" nuisances are those that do not require immediate abatement and require notice to the owner prior to civil and/or criminal penalties being imposed. All nuisances not designated as Class "1" nuisances are Class "2" nuisances.
I. 
"Responsible person"
means the person(s) the person(s) determined by the city to be responsible for creating, causing, maintaining or failing to abate a public nuisance including but not limited to a property owner, agent, tenant-lessee occupant, or otherwise in control or responsible for the subject property.
(Ord. 1409 § 1, 2016)
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the enforcement officer determines that any of these conditions is present upon any premises the officer may require or provide for the abatement thereof pursuant to this chapter:
A. 
Dangerous or Unfit Buildings, Dwellings and Structures.
1. 
The storage or keeping on any premises for more than 30 days of any used or unused building materials without special permit and otherwise in accordance with International Fire Code as amended from time to time, provided, that nothing herein shall:
a. 
Prohibit such storage of building materials without a permit in conjunction with a construction project for which a building permit has been issued and construction is being prosecuted diligently to completion;
b. 
Prohibit such storage without a permit on the premises of a bona fide lumberyard, building materials business or other commercial enterprise permitted under the zoning ordinance and other applicable ordinances; and
c. 
Make lawful any such storage of such materials when otherwise prohibited by other ordinances or laws.
2. 
The existence of any structure, fixture or improvement on private property abutting or fronting on any public street, sidewalk, or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition. The existence of any structure, fixture or improvement described in this subsection (A)(2) is a Class "1" nuisance.
3. 
Any unfit, unsafe or substandard or boarded up building or structure as is determined by the enforcement officer under the most recently adopted property management code by the city.
4. 
Any vacant, unused or unoccupied building or structure which has been allowed to be open to entrance by unauthorized persons or the general public for any reason including broken, missing or open doors, windows or other openings. The existence of a building or structure under this subsection (A)(4) is a Class "1" nuisance.
B. 
Unsightly Areas – Property Maintenance and Vegetation.
1. 
The presence of uncontrolled weeds or vegetation, debris, trash, dirt, filth, furniture or other similar items, or other personal property including household appliances, furnishings, refrigerators, stoves, and carcass of any animal, waste shrubs, accumulations of lawn or yard trimmings or any offensive matter.
2. 
All barbed wire fences which are located within two feet of any public roadway, alley, or way regularly used by the public for pedestrian, bicycle, or vehicular travel or abutting any residential zone.
3. 
The keeping of any refrigerator, icebox or deep freeze locker or any other appliance that could become airtight having a capacity of one and one-half cubic feet or more or any other container manufactured, custom-made or homemade designed for storage which is discarded, abandoned or left in a place accessible to children and which has not had the door or latching mechanism removed to prevent the latching or locking of the door. The existence of anything named herein on the owner's property constitutes a Class "1" nuisance.
4. 
The existence of any dead, diseased, infested or dying tree or tree stump.
5. 
The existence of any accumulation of materials or objects in a location when the same endangers property or safety or constitutes a fire hazard is a Class "1" nuisance.
6. 
The existence of a sidewalk or portion of a sidewalk adjacent to any premises which is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience in the use of such sidewalk.
7. 
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 street, alley, sidewalk, park or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly producing, rat harboring, disease causing places, conditions, or objects which may create a fire, safety, health or sanitary hazard:
a. 
Any decaying, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish, or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles;
b. 
Any cellar, vault, drain, sump, swimming pool, sewer or septic tank, pit or like place that has become, from any cause, noxious, foul, offensive or injurious to public health, or unpleasant or disagreeable to adjacent residences or persons;
The existence of any condition in subsection (B)(7)(a) or (b) of this section is a Class "1" nuisance;
c. 
Any pools of standing water created by irrigation of private property or abandoned swimming pools that could serve as breeding areas for rats, flies, or mosquitoes;
d. 
Any filthy, litter or trash covered dwellings, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings, or premises;
e. 
Any poison oak or poison ivy, Russian thistle, or other noxious weeds, whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles;
f. 
Any grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died upon any property which are a fire hazard or a menace to public health, safety or welfare;
g. 
Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash, or abandoned, discarded or unused material, unless it is kept in approved covered bins or receptacles;
h. 
Any trash, tires, batteries or corrosive materials, cork, litter, rags, accumulations or empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed and multiply or which may be a fire hazard.
8. 
The failure to maintain landscaping, including, but not limited to, lawns, shrubs, trees and other plants, whether of natural growth or domestic vegetation in all residential, commercial, industrial areas of the city. "Failure to maintain" in this section means to allow said areas to be overgrown with weeds or an accumulation of trash.
9. 
Violations of the zoning regulations, building code standards and regulations, utility regulations and standards, property maintenance codes, noncompliance with the city's comprehensive plan or planning goals under the Washington State Growth Management Act.
10. 
Violations of environmental regulations and standards; illegal discharges of sewage; the operation of offensive, odiferous or unsanitary businesses.
11. 
Violations of business license regulations.
C. 
Nuisances on Public Property and Public Ways. The following nuisances, after 24 hours' notice without abatement, shall be Class "1" nuisances.
1. 
The existence of any tree, shrub or overhanging foliage which is apt to destroy, impair, interfere, obstruct or restrict:
a. 
Travel over any street, alley, sidewalk or other public place or right-of-way;
b. 
Access to any fire hydrants, standpipes, sprinklers or any other appliance or facility provided for fire protection;
c. 
Access to any city or other public utilities such as water meters, sewers, power poles, street lights or other public improvements;
d. 
Light from street lights; and
e. 
Vision of traffic signs or view of any intersection.
2. 
The existence of any obstruction to a street, alley, sidewalk or other public place or right-of-way, which is by ordinance prohibited, which is made without lawful permission, or which, having been made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, and for an unreasonable length of time. Any items placed in an alley or public way that are not removed within 24 hours after notice to the adjacent property owner shall be subject to removal by the city and all costs associated with such removal shall be charged to the premises adjacent to the public way upon which the items were located.
3. 
The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk or other public place or right-of-way which is open to travel, or in a city garbage receptacle, any hay, straw, paper, wood, boards, boxes, leaves, manure, or other rubbish or material.
4. 
The existence of any drainage onto or sprinkling over any street, alley, sidewalk or other public place or right-of-way of irrigation or other water in such a manner as to cause settling or damage to the street, alley, sidewalk or other public place or right-of-way, or to cause damage or hazard to any user of the street, alley, sidewalk or other public place or right-of-way.
5. 
Any sign, poster or other advertising matter of any nature placed upon a telephone, power or other utility poles, trees, sidewalks, street signs, traffic signs or other traffic control devices or other structures or places within streets, alleys, sidewalks or other public places or rights-of-way.
D. 
Noise Nuisances. All noise nuisances are Class "1" nuisances.
1. 
Any construction activity, including excavation and land-clearing work, or erection, demolition, alteration, repair, or relocation of any building or structure, but excluding emergency repairs or city public works activities, which uses powered equipment such as backhoes, trucks, tractors, earth-moving equipment, compressors, motorized or power hand tools, or equipment of a similar nature at any location which produces noise clearly audible from another location in a residential district or at a dwelling in any district, other than between 7:00 a.m. and 8:00 p.m. The planning and community development department may, in writing, grant exceptions to these provisions when the work is of urgent necessity in the interest of public safety and convenience.
E. 
Vehicle Nuisances.
1. 
The stopping or parking of a vehicle within the area designated as a minimum front yard or side yard on a flanking street as defined in ZMC Title 17, Zoning, within a residential area. Parking shall be permitted in and upon designated driveways. The designated driveway is defined as the surfaced roadway leading from the street to the garage, covered parking area or other permitted off-street parking area in accordance with ZMC § 17.22.020(D)(1)(c) or as it may be amended. Violation of this subsection is a Class "2" nuisance.
2. 
Servicing, repairing, assembling, wrecking, modifying, restoring or otherwise working on any vehicle on any residential premises in any zone district shall be subject to the following:
a. 
Work shall be limited to the minor repair and maintenance of vehicles, equipment or other conveyance currently registered as specified in the Washington Vehicle Code to the occupant or a member of the occupant's family. This limitation precludes auto repair on residential premises by any commercial entity.
b. 
Such work shall be conducted on no more than one vehicle at any one time.
c. 
Major repair such as major engine overhauling, transmission repair or rear end repair or replacement work shall only be done within an enclosed structure (such as a garage) or in an area which is screened from public view.
d. 
Such work shall be done only between the hours of 7:00 a.m. and 8:00 p.m.
e. 
Such work shall not be done in a public right-of-way.
f. 
Storage of parts, equipment or other supplies needed for the repair of the vehicle on the premises must be kept within an enclosed structure or in an area which is screened from public view.
g. 
No such work which creates a nuisance as defined herein shall be permitted.
h. 
Upon completion of any work allowed by this section, the property shall be cleaned of all debris, oil, grease, gasoline, cloths, rags and equipment or material used in the work and shall be left in such a condition that no hazard to persons or property shall remain.
i. 
Disposal of all waste products shall be done in accordance with Chapter 19.114 RCW.
F. 
Drug and Moral Nuisances. All drug and moral nuisances are Class "1" nuisances.
1. 
The illegal possession, delivery or manufacture of any illegal drug.
2. 
Any building, house, room or other structure or vehicle maintained or used for the purpose of lewdness or prostitution; the sale, use or possession or manufacturing of any illegal drugs.
G. 
Environmental Nuisances. All environmental nuisances are Class "1" nuisances.
1. 
The existence of any condition which 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/grading permit has been issued and is being prosecuted diligently to completion. However, the contractor or owner will be responsible for dust and odor control throughout the development area.
2. 
The existence of any strong or offensive odor at the property line, including but not limited to rotting or decaying fish or other dead animals, rotting garbage, animal manure, strong chemical smells, and other strong or offensive odors.
3. 
Burning of Noxious Substances Prohibited. It is unlawful for any person to burn any putrid matter of material or materials which, when burned, emit an offensive odor, in or upon any private property, street or alley in the city; provided, however, that such materials may be burned inside private buildings in an incinerator connected to a proper flue, which such incinerator is so constructed as to consume completely such material without offensive residue or odor.
4. 
Any noxious, foul, offensive or rancid liquid or substance or any liquid or substance likely to become noxious, foul, offensive or putrid to be discarded, placed or thrown upon or to flow from or out of any premises into or upon any adjacent premises or any street, alley, sidewalk or other public place or right-of-way or to stand, remain or be upon any premises or any street, alley, sidewalk or other public place or right-of-way.
5. 
No person shall throw, drop, deposit, discard or otherwise dispose of litter upon any public property in the city or upon private property in the city not owned by him or her, whether from a vehicle or otherwise.
H. 
Miscellaneous Nuisances. All miscellaneous nuisances are Class "1" nuisances.
1. 
The existence of fruit fly infestation, moths, rust, or other tree diseases.
2. 
The burning and disposal of refuse, sawdust, paper, wood, boards, boxes, leaves, or other rubbish or material.
3. 
Any pit, basin, pothole, hole, swimming pool or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed or is maintained contrary to law.
4. 
The use of any laser device to shine at any person, business, residence or automobile or other means of transportation.
5. 
All electrified fences.
(Ord. 1409 § 1, 2016)
It is unlawful and a civil infraction for any responsible person or owner to create, permit, maintain, suffer, carry on or allow, upon any premises, any of the acts or things declared by this chapter to be a public nuisance. It is unlawful, and a civil infraction, for any person, by himself or by his agents or employees, or as the agent or employee of another person, firm or corporation, to do, or permit to be done, upon any premises over which he has control; or to maintain, carry on, suffer, or allow, at any place or places, any of the acts or things declared to be nuisances in this chapter; or to do or cause or permit, or suffer to be done, or to maintain, any act or thing which is detrimental or injurious to public health, or offensive to the senses, or contrary to public decency or morality. If the owner or agent of any premises has actual or constructive knowledge of the maintenance on or in his premises of any nuisance, as defined in this chapter, he shall be deemed one of the persons in control of the premises.
(Ord. 1409 § 1, 2016)
A. 
Applicability. This section applies whenever the enforcement officer or his/her designee determines that a nuisance has occurred or is occurring.
B. 
General. The enforcement officer or their designee shall attempt to secure voluntary correction by contacting the person responsible for the nuisance and, where possible, identifying the violation and corrective options and negotiating a mutually acceptable compliance process or procedure.
C. 
Voluntary Correction Agreement. A voluntary correction agreement may be entered into between the person responsible for the violation and the city, acting through the enforcement officer or his/her designee.
1. 
Content. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which such person agrees to abate the 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 violation; and
b. 
The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
c. 
A description of the violation and a reference to the regulation which has been violated; and
d. 
The necessary corrective action to be taken, and a date or time by which correction must be completed; and
e. 
An agreement by the person responsible for the violation that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement; and
f. 
An agreement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses (including attorney fees, expert witness fees, and court costs) and/or a monetary penalty pursuant to this chapter from the person responsible for the 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 violation waives the right to appeal or any additional administrative review under this chapter or otherwise, regarding the matter of the violation and/or the required corrective action.
2. 
Right to a Hearing Waived. Upon entering into a voluntary correction agreement, the person responsible for the violation shall have no right to a hearing under this chapter or otherwise, regarding the matter of the violation and/or the required corrective action.
(Ord. 1409 § 1, 2016)
It shall be the duty of the responsible person to request an inspection when a violation has been corrected. If no inspection is requested, it shall be deemed prima facie evidence that the violation remains uncorrected. If more than one inspection is necessary, an inspection fee of $47.00 shall be assessed for each subsequent inspection.
(Ord. 1409 § 1, 2016)
Enforcement officer and his/her designee or contractor retained by the city for such purposes is hereby authorized to enter upon any property or premises to abate nuisances and violations of this chapter under the provisions of Chapter 8.18 ZMC. Enforcement officer shall assess all costs for abatement to the responsible person and may use any remedy available under law to collect such costs, and is authorized to file and record a lien against the subject property in the amount of costs and fees incurred, together with interest at the legal rate. If additional abatement is necessary within two years, treble costs shall be assessed against the responsible person for the actual abatement.
(Ord. 1409 § 1, 2016)
A. 
When a violation is corrected, a responsible person shall request an inspection from the director.
B. 
When the director receives such request, the director shall re-inspect the property as soon as practicable to determine whether the violation has been corrected, and whether all necessary permits have been issued and final inspections have been performed as required by applicable codes.
C. 
The director shall serve a notice of compliance to the responsible person and property owner in the manner provided in ZMC § 8.18.100 if the director determines that:
1. 
All violations listed in the recorded notice of violation or administrative enforcement order have been corrected;
2. 
All necessary permits have been issued and finalized;
3. 
All assessed penalty fees have been paid; and
4. 
All assessed administrative fees and costs have been paid.
D. 
The director shall record the notice of compliance with the Yakima County auditor's office. Recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation and release of any lien filed by the city pursuant to this chapter.
(Ord. 1409 § 1, 2016)
City shall withhold business licenses; permits for any alteration, repair, or construction pertaining to any existing or new structures or signs on the property or any permits pertaining to the use and development of real property or the structure where city has issued notice or instituted an enforcement proceeding for the subject property or structure. City shall withhold such permits until a notice of compliance has been issued by the enforcement officer. City shall not withhold permits necessary to obtain a notice of compliance or to correct serious health and safety violations.
(Ord. 1409 § 1, 2016)
Penalty for the violation of any of the provisions of this chapter shall be as set forth below:
A. 
Any person violating the provisions of this chapter shall be deemed guilty of a civil violation and shall be punished by a fine of $100.00 for a first offense within a calendar year. One year shall be defined as January 1st through December 31st of each year. For a second violation within one calendar year, the person shall be punished by a fine of $150.00. For a third or any subsequent violations of this chapter within one calendar year, the person shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $150.00 nor more than $500.00. This section may be enforced separately and in addition to the liens process enumerated elsewhere in this chapter.
B. 
Each violation or noncompliance shall be corrected within the time limits set out in this chapter and each day thereafter that a prohibited condition is maintained shall constitute a separate offense.
C. 
The conviction of any person for violation of any of the provisions of this chapter shall not operate to relieve such person from paying any fee or penalty thereupon, for which such person shall be liable, nor shall the payment of any such fee prevent prosecution in the municipal court of the city of Zillah of any complaint for the violation of any of the provisions of this chapter.
D. 
For any first violation not specifically listed in subsection (A) of this section, the civil fee shall be $100.00 for each day such offense remains uncorrected, for each offense. For any subsequent violations of any such offense, the civil fee shall be $200.00 each day such offense remains uncorrected, for each offense.
E. 
Payment of any penalty fee shall not excuse any failure to correct a violation or the recurrence of the violation, nor shall it bar further enforcement action by the city, including any appropriate criminal prosecution or issuance of applicable notice of infraction.
F. 
Penalty fees shall be paid to the city finance department or Zillah municipal court.
(Ord. 1409 § 1, 2016)
If and when an owner or other responsible person undertakes to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all required corrective actions and requirements may be specified by the enforcement officer. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to the abatement.
(Ord. 1409 § 1, 2016)
Any person notified of the existence of a nuisance specified in this chapter by the serving of a property violation notice or by a notice to abate unsafe or unlawful condition shall have the right to appeal pursuant to the provisions of ZMC § 8.18.230.
(Ord. 1409 § 1, 2016)
Whenever any condition or use of the property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, the enforcement officer shall have the authority to summarily and without notice abate the condition. The procedures of ZMC § 8.18.350 shall be applicable. The expenses of such abatement shall become a civil debt against the owner or other responsible person and be collected as provided in ZMC § 8.18.340.
(Ord. 1409 § 1, 2016)
Chronic nuisance properties present serious health, safety and welfare concerns, which the property owners or persons in charge of such properties have failed to take corrective action to abate the nuisance condition. Chronic nuisance properties have a significant and adverse impact upon the quality of life, safety and health of the community and its citizens. The purpose of this section is to address nuisance activities that repeatedly occur or exist at chronic nuisance properties by providing a process for abatement; this remedy is not an exclusive remedy available under any state or local laws and may be used in conjunction with such other laws.
Also, chronic nuisance properties are a financial burden to the city by the repeated calls for service to the properties because of the nuisance activities that repeatedly occur or exist on such property, and this chapter is a means to improve those conditions and hold responsible the owners or persons in charge of such property.
A. 
Definitions. For purposes of this section, the following words or phrases shall have the meaning prescribed below:
1. 
"Abate"
means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this section by means and in such a manner and to such an extent as the applicable city planning and community development department director or designee determines is necessary in the interest of the general health, safety and welfare of the community;
2. 
"Control"
means the ability to regulate, restrain, dominate, counteract or govern property, or conduct that occurs on a property;
3. 
"Chronic nuisance property"
means property on which three or more nuisance activities occur or exist during any one-year period;
4. 
"Landlord"
means the owner, lessor, or subleasor of the dwelling unit or the property of which it is a part, and, in addition, means any person designated as a representative of the landlord;
5. 
"Nuisance activity"
means and includes any nuisance as defined by state law or local ordinance occurring around or near the property;
6. 
"Owner"
means any person having any interest in the real estate in question as indicated in the records of the office of the Yakima County auditor or who establishes, under this chapter, their ownership interest therein;
7. 
"Person"
means natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, officer or employee of any of them;
8. 
"Person associated with a property"
means any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit a property or a person present on property, including, without limitation, any officer, director, customer, agent, employee, or any independent contractor of a property, or a person in charge of or owner of property;
9. 
"Person in charge"
of a property means any person in actual or constructive possession of a property, including but not limited to an owner, occupant, agent, or property manager of a property under his or her control;
10. 
"Premises and property"
may be used by this chapter interchangeably and means any building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof including property used as residential or commercial property;
11. 
"Rental unit"
means any structure or that part of a structure, including but not limited to single-family home, room or apartment, which is rented to another and used as a home, residence, or sleeping place by one or more persons.
B. 
Violation.
1. 
Any property within the city of Zillah which is a chronic nuisance property is in violation of this chapter and subject to its remedies; and
2. 
Any person in charge who permits property to be a chronic nuisance property shall be in violation of this chapter and subject to its remedies.
C. 
Procedure.
1. 
When the enforcement officer confirms the occurrence of three or more uncorrected nuisance activities within a one-year period on the property, enforcement officer shall review such violations, issue notice of chronic nuisance property, and notify the person in charge of the property in writing that the property has been or will be declared a chronic nuisance property.
2. 
The notice shall contain:
a. 
The street address or a legal description sufficient for identification of the property;
b. 
A concise description of the nuisance activities that exist, or that have occurred on the property;
c. 
Offer the person in charge an opportunity to abate the nuisance activities giving rise to the violation; and
d. 
A statement describing that if legal action is sought, the property could be subject to closure, civil penalties and/or costs assessed up to $100.00 per day after the notice of the chronic nuisance property received.
3. 
Such notice shall be either (a) personally served, or (b) delivered by first class mail to the person in charge of the property with a copy mailed to the owner at the address indicated by the Yakima County auditor, if different than the person in charge of the property.
4. 
If the person in charge fails to respond to the notice within the time prescribed, the enforcement officer or his/her designee shall post such notice at the property and issue the person in charge a civil infraction. If the person in charge fails to respond to the issued infraction, the matter shall be referred to the office of the city attorney for further action.
5. 
If the person in charge responds as required by the notice and agrees to abate the nuisance activity, enforcement officer or his/her designee, and the person in charge and/or property owner, may work out an agreed upon course of action which would abate the nuisance activity. If an agreed course of action does not result in the abatement of the nuisance activities or if no agreement concerning abatement is reached, the matter shall be forwarded to the office of the city attorney for enforcement action.
D. 
Commencement of Action – Enforcement.
1. 
Once the matter is referred to the city attorney, the city attorney shall immediately review and make a determination to initiate legal action authorized under this chapter or state statute, or may seek alternative forms of abatement of the nuisance activity. City attorney may initiate legal action on the chronic nuisance property and seek civil penalties and costs in superior court for the abatement of the nuisance.
2. 
In determining whether a property shall be deemed a chronic nuisance property, the city shall have the initial burden of proof by a preponderance of the evidence that the property is a chronic nuisance property. The city may submit official reports, notices and other affidavits or declarations setting forth the basis for the chronic nuisance determination, and summary of chronic nuisance activity occurring or existing at the property. The failure to prosecute an individual is not a defense to a chronic nuisance action.
3. 
Once a superior court determines the property to be a chronic nuisance under this chapter, the court may impose a civil penalty against any or all of the persons in charge of the property and/or the owner of the property, and may order any other relief deemed appropriate. A civil penalty may be assessed for up to $100.00 per day for each day the nuisance activity continues to occur following the date of the original notice by the enforcement officer or his/her designee. In assessing the civil penalty, the court may consider the following factors, citing to those found applicable: (a) the actions taken by the person in charge and/or owner to mitigate or correct the nuisance activity; (b) the financial condition of the person in charge; (c) the repeated or continuous nature of the nuisance activity; (d) the statements of the neighbors or those affected by the nuisance activity; and (e) any other factor deemed relevant by the court.
4. 
The superior court which determined the property to be a chronic nuisance property shall also assess costs against the person in charge and/or owner in the amount it costs the city to abate, or attempt to abate, the nuisance activity.
5. 
If the superior court determines the property to be a chronic nuisance property, the superior court shall order the property closed and secured against all unauthorized access, use and occupancy for a period up to one year, and may impose a civil penalty and costs.
6. 
Once a determination has been made by the superior court that the nuisance property shall be subject to closure, the court may authorize the city to physically secure the premises and initiate such closure. Costs for such closure shall be submitted to the court for review. Any civil penalty and/or costs awarded to the city may be filed with the city treasurer who shall cause the same to be filed as a lien on the property with the county treasurer. The city shall file a formal (lis pendens) lawsuit concerning the real estate when an action for abatement is filed in the superior court.
7. 
The superior court shall retain jurisdiction during any period of closure or abatement of the property.
8. 
Zillah municipal court is to have jurisdiction of all infractions issued pursuant to this chapter.
E. 
Summary Closure. Nothing in this chapter prohibits the city from taking any emergency action for summary closure of such property when it is necessary to avoid an immediate threat to public welfare and safety. The city may take summary action to close the property without complying with the notification provisions of subsection (C) of this section, but shall provide such notice as is reasonable under the circumstances.
(Ord. 1409 § 1, 2016)