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Note: Chapter 8.30, Nuisances, was repealed and reenacted as Public Nuisances by Ord. 27536, 2006-10-17. Previous legislation: Ord. 27002, 2002-11-12; Ord. 27466, 2006-01-17.
The purpose of this chapter is to provide for the protection of the public health, safety, and welfare of the citizens of the City of Tacoma by proscribing those nuisances which equally affect the rights of an entire community. The presence of litter, overgrown and/or uncultivated vegetation, and other forms of waste or various hazards require an emphasis on measures to correct those conditions which are injurious to the public health, safety, and welfare. It is the intent of the City Council to establish efficient administrative procedures to enforce the regulations of the City, to provide a prompt process to address alleged violations, and to establish standards to be used by the City to abate public nuisances. This chapter further serves to establish procedures, as authorized by RCW 35.22.280 and other laws, both State and City, providing for the enforcement of the provisions herein.
(Ord. 27536 § 2, 2006-10-17; Ord. 27940 Ex. A, 2010-11-02)
Unless otherwise specified, for purposes of this chapter, certain terms, phrases, words, and their derivatives shall be construed, as specified in this section. Terms, phrases, and words used in the singular include the plural and the plural the singular. Where terms, phrases, and words are not defined herein within this chapter, they shall have their ordinary accepted meaning within the context in which they are used.
“Abate”
means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the Public Official determines is necessary in the interest of the public health, safety, and welfare of the community.
“Act”
shall mean anything done, being done, or to be done; performance; deed.
“Apparently inoperable vehicle”
means:
1. 
That the vehicle does not appear to comply with requirements for safe and legal operation on public streets or highways with regard to licensing, brakes, lights, tires, safety glass, or other safety equipment; or
2. 
A vehicle that has been determined by the Tacoma-Pierce County Health Department to be unfit for use due to contamination from methamphetamine or other substances, which are harmful to human health or the environment; or
3. 
Other circumstances or conditions that are evidence that the vehicle is not currently operable, including, but not limited to, a vehicle having its passenger compartment filled with trash or debris; vegetation growing inside, around, or on the vehicle; or other evidence that the vehicle has not been moved for an extended period of time.
“Attractive nuisance”
shall mean any object or condition which can reasonably constitute a hazard or danger and which is accessible to unauthorized persons.
“Certificate of complaint,”
for purposes of this chapter, is a document filed with the Pierce County Auditor, stating that the property has been determined to be in violation of TMC Chapter 8.30.
“Control”
means the ability to regulate, restrain, dominate, counteract, or govern property or conduct that occurs on a property.
“Litter”
shall include, but is not limited to, debris in the form of cans, bottles, glass, ashes, plastic materials, garbage, wastepaper, packing material, scrap iron, wire, metal articles, discarded furniture and appliances, junk, broken stone or cement, scrap wood, pallets, tires, discarded building materials, inoperable bicycles, or bicycle parts, rags, boxes, crates, packing cases, mattresses, bedding, tree and vegetation trimmings, and all other trash, including abandoned inflammable materials, which are a fire hazard or a menace to the public health, safety, or welfare.
“Owner”
means any person, including any natural person, joint venture, partnership, association, club, company, corporation, business trust, or organization, or the manager, lessee, agent, officer, or employee of any of them, having any interest in the real estate in question as indicated in the records of the office of the Pierce County Assessor, or who establishes, under this chapter, his or her ownership interest therein.
“Premises” and “property”
may be used by this chapter interchangeably and means any building, lot, tax parcel, dwelling, rental unit, real estate, or land, or portion thereof, including, but not limited to, property used as residential or commercial property and may include the adjacent “public right-of-way” as defined herein.
“Public official”
means any official designated by the City Manager, or his or her designee, authorized to enforce this chapter, including, but not limited to, officials of the City of Tacoma, Police Department, Fire Department, Public Works Department, Finance Department, Community and Economic Development Department, or the Tacoma-Pierce County Health Department charged with the enforcement of a particular portion of this chapter.
“Public right-of-way”
includes the area of land, the right of possession of which is secured by the City for right-of-way purposes and includes the traveled portion of the public streets and alleys, as well as the border area, which includes, but is not limited to, any sidewalks, driveway approaches, planting strips, traffic circles, parkways, or medians, or that area between the sidewalk and the curb line.
“Screening,”
for the purposes of this chapter, shall include, but not be limited to, solid wood fencing, chain link fencing with slats, and/or solid landscaping capable of concealing storage from sight by standing individuals at or near the property lines; however, such screening must be at least six feet in height.
“Vegetation”
shall include, but not be limited to, all grass, weeds, blackberry vines, brush, shrubs, bushes, or trees, either growing or which has died.
“Vehicle,”
except as otherwise specifically defined herein, shall include, but not be limited to, automobiles, motorcycles, trucks, motorized recreational vehicles, campers, travel trailers, boats on or off trailers, or utility trailers.
(Ord. 27536 § 2, 2006-10-17; Ord. 27940 Ex. A, 2010-11-02; Ord. 28272 Ex. D, 2014-12-16)
A public nuisance consists of doing an unlawful act, or omitting to perform a duty, or permitting an action or condition to occur or exist which:
A. 
Unreasonably annoys, injures, or endangers the comfort, repose, health, or safety of others; or
B. 
Is unreasonably offensive to the senses; or
C. 
Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any stream, public park, , square, highway, or public right-of-way, in the City; or
D. 
Unlawfully interferes with, damages, or pollutes designated habitat areas, critical areas, open spaces, restoration sites, streams, creeks, lakes, wetlands, wetland buffers, or tributaries, and similar areas thereto; or
E. 
Results in illicit discharges into the municipal storm drainage system as defined in TMC Chapter 12.08; or
F. 
In any way renders other persons insecure in life or the use of property; or
G. 
Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life and property; or
H. 
Results in an attractive nuisance; or
I. 
Creates or permits the existence or continuance of any of the specific nuisances identified in this chapter.
(Ord. 27536 § 2, 2006-10-17; Ord. 27940 Ex. A, 2010-11-02)
The following specific acts, omissions, places, and conditions are declared to be a public nuisances, including, but not limited to, the erecting, maintaining, using, placing, depositing, causing, allowing, leaving, or permitting to be or remain in or upon any private lot, tax parcel, building, structure, or premises, or in or upon any public right-of-way, park, or other public or private place in the City, of any one or more of the following:
A. 
Excavations or naturally occurring holes, including, but not limited to, privies, vaults, cesspools, sumps, pits, wells, or any other similar conditions, which are not secure and which constitute a concealed danger or other attractive nuisances.
B. 
The discharge of sewage, human excrement, or other wastes in any location or manner, except through systems approved for the conveyance of such, to approved public or private disposal systems and which are constructed and maintained in accordance with the provisions of TMC Chapter 2.06, as now or hereafter amended, and all other adopted laws pertaining to such systems.
C. 
Filthy, littered, trash-covered, or overgrown premises or public rights-of-way for which a property owner is responsible, including, but not limited to:
1. 
Animal parts or wastes which are improperly handled, contained, or removed from the premises, including bones, meats, hides, skins, or any part of any dead animal, fish, or fowl.
2. 
Overgrown, uncultivated, unkempt, or potentially hazardous vegetation of any type, including, but not limited to, shrubs, brush, trees, weeds, blackberry vines, and grasses over one foot in height or length that poses a threat to public health, safety and welfare, including vegetation which may harbor rodents or transient activity. Where erosion control issues, indigenous species, or critical areas as defined in TMC Chapter 13.11 are present, an exception or modification may be made to these requirements. Where a single parcel is undeveloped and over one acre in area, elimination of the fire hazard presented by vegetation may be accomplished by removing the vegetation from the area within 20 feet of abutting, improved properties or public rights-of-way.
3. 
Inappropriate disposal or accumulation of vegetation waste, including, but not limited to, grass clippings, cut brush, cut trees, cut weeds, and/or cut wood, except as contained in a compost pile not to exceed two cubic yards, or orderly stacked fire wood, if cut in lengths of four feet or less.
4. 
Any poisonous or hazardous material or thing on any real estate, so as to allow access to it by any animal or person.
5. 
Storing of flammable material on any real estate, including but not limited to old rags, rope, cordage, rubber, boxes, or paper, by properly licensed persons or businesses trading in such articles, unless it is in a building of fireproof construction.
6. 
Storing outside a completely enclosed building items that constitute a threat to the public health, safety or welfare, including but not limited to the following: scrap rope, rags, batteries, paper, trash, rubber debris, tires, waste, used lumber or salvaged wood, machinery or appliances or parts of such machinery, vehicular component parts, iron, steel, household goods or hardware, medications, medical supplies, or medical devices.
7. 
All unused, abandoned or discarded refrigerators, ice boxes, large appliances or similar containers which are left in any place exposed or accessible to children, whether such is outside any building or dwelling or within any unoccupied or abandoned building, dwelling or other structure.
8. 
All places used, maintained, or appearing as dumps, junk yards, or automobile or machinery disassembly yards or buildings, not licensed and/or located in an improper use zone, or which are operating outside of specific conditions set forth for the operation of such businesses.
D. 
The existence of any screening which is in a falling, decayed, dilapidated, or unsafe condition or any screening which is not maintained in accordance with the provisions of the Tacoma Municipal Code.
E. 
Any unsightly, abandoned, or deteriorated building or structure, or any building or structure constructed with inappropriate materials or improperly fastened together or anchored against the forces of nature.
F. 
Any building or structure where construction was commenced and the building or structure was left unfinished or any building or structure that has been constructed or modified without permits. This shall include any unauthorized work or non-compliant work taking place on private property or in the public right-of-way, with or without a permit, or which is otherwise in violation of City ordinance.
G. 
Animal waste, manure or excreta in sufficient quantity which is not securely protected from flies and the elements and which is likely to become putrid, offensive, and injurious to the public health, such as water quality or which is kept or handled in violation of any City ordinance.
H. 
The parking or storage of vehicles on single-family residential tax parcels in violation of the parking standards, as set forth in Section 8.30.050 of this chapter. It shall be required that all Land Use codes relative to residential parking also be adhered to.
I. 
Graffiti as defined in the Graffiti Code, Section 8.120.010.
(Formerly 8.30.015 Ord. 27536 § 2, 2006-10-17; Ord. 27632 Ex A, 2007-07-17; Ord. 27673 Ex. E, 2008-02-19; Ord. 27940 Ex A, 2010-11-02; Ord. 28613 Ex. B, 2019-09-24)
A. 
Relationship with other laws. Producing, manufacturing, processing, delivering, distributing, possessing, and using cannabis are crimes under federal law and may be crimes under the municipal code and state law. This section is a civil remedy and does not affect any state or federal law governing the production, manufacture, processing, delivery, distribution, possession, researching, or use of cannabis.
B. 
Definitions. The definitions contained in Chapter 69.50 RCW, Chapter 69.51A RCW, and WAC 314-55 shall be used to define any term in this section not otherwise defined herein.
“Cannabis” or “marijuana”
means all parts of the plant Cannabis, commonly known as marijuana, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
C. 
Nuisance defined. The production, manufacture, processing, delivery, distribution, possession, or use of cannabis for medical purposes for which there is an affirmative defense under state law, or for other purposes as outlined and regulated in accordance with RCW 69.50, may be a nuisance by unreasonably annoying, injuring, or endangering the comfort, repose, health, or safety of others; by being unreasonably offensive to the senses; by being an unlawful act; by resulting in an attractive nuisance; or by otherwise violating the municipal code or state law. The following specific acts, omissions, places, and conditions are declared to be a public nuisance, including, but not limited to, any one or more of the following:
1. 
Any place selling, distributing, or providing marijuana to others, except as properly licensed or registered by the Washington State Liquor and Cannabis Board, is a nuisance per se.
2. 
Any state-licensed processor, producer, or licensed retailer where cannabis is displayed against or adjacent to exterior windows.
3. 
Any state-licensed processor, producer, retailer, or state registered cooperative where the odor of cannabis can be smelled or detected from the adjacent public right-of-way.
4. 
A marijuana club is a nuisance per se.
5. 
Any place where any production, manufacture, processing, delivery, distribution, possession, or use of cannabis occurs for which there is no affirmative defense under state law, or except as expressly authorized by Chapter 69.50 RCW.
6. 
Any place other than a private residence where cannabis is smoked or ingested.
7. 
Any state-licensed cannabis retailer, processor, or producer where any person under the age of 21 years is present or is permitted to be present, unless permitted by state law.
8. 
Any state-licensed retailers selling products or services other than useable marijuana, marijuana-infused products, or paraphernalia intended for the storage or use of useable marijuana or marijuana-infused products.
9. 
Any unlicensed marijuana retailer, producer, researcher, or processer operating within City limits.
10. 
Any state-licensed producer whose production activities are not within a fully enclosed, secure facility or greenhouse with rigid walls, a roof and doors, or whose outdoor production activities are not enclosed by a sight obscured wall or fence at least eight feet high.
(Ord. 28083 Ex. A, 2012-07-31; Ord. 28183 Ex. A, 2013-11-05; Ord. 28361 Ex. A, 2016-05-24)
The primary function of yards on single-family residential tax parcels is to provide access to light and air and to provide circulation, recreation, and landscaping around the primary single-family dwelling building, which are beneficial to the general health and welfare of the community. This section establishes standards by which parking vehicles on single-family residential tax parcels are allowable.
A. 
Vehicles parked in the side or rear yard. Vehicles parked in the side or rear yard area of single-family residential tax parcels shall be limited to those tax parcels which have legal access from the public right-of-way and shall be limited to four vehicles or to no more than 60 percent of the combined side and rear yard area, whichever is less.
B. 
Vehicles parked in the front yard of single-family residential tax parcels. Vehicles parked in the front yard of single-family residential tax parcels, although discouraged where alley access is available, shall be limited to those tax parcels which have legal access from the public right-of-way. Parking of vehicles in front yards shall be on a properly prepared and contained all-weather surface, including, but not limited to, concrete, asphalt, gravel, approved permeable paving materials, or other material approved in accordance with TMC Chapter 2.02. The all-weather surface shall be limited to no more than 60 percent of the front yard area. Parking in front yard areas shall be limited to up to four vehicles or the number of vehicles which can be parked on the all-weather surfacing, whichever is less. Parking of stored or apparently inoperable vehicles in front yards is prohibited.
C. 
Number of vehicles parked in the open. The total number of vehicles parked, stored, or which are defined as “apparently inoperable vehicles,” in the open on a single-family residential tax parcel shall be no more than six.
D. 
Exceptions. Upon written application to the Public Official, which must be lodged within ten days of receiving a Notice of Violation and Abatement, an exception to the limitation on the number of allowed vehicles may be granted by the Public Official. Circumstances to be considered by the Public Official include whether:
1. 
Additional vehicles may be allowed in a particular yard if vehicle access to other yards is unavailable; or
2. 
The number of individuals with valid driver’s licenses within the household exceeds four; or
3. 
Any other mitigating circumstances, as determined by the Public Official, provided, however, that such exceptions are subject to review upon receipt of additional complaints.
E. 
Apparently inoperable vehicles stored on single-family residential tax parcels shall be limited to the rear yard area. Screening shall be provided between the apparently inoperable vehicles and adjacent properties or public rights-of-way. Screening shall be subject to the provisions of TMC § 9.17.010A.8 and TMC § 9.18.050, and other applicable codes. If it is determined by the Public Official that the apparently inoperable vehicle meets the definition, as defined herein, then the vehicle shall be subject to the provisions of that chapter.
F. 
All private vehicles which are fully enclosed within a legally constructed garage or other structure are not considered as part of the allotted number of vehicles for purposes of this section.
G. 
Commercial vehicles are defined in TMC Chapter 11.05 and shall be subject to the provisions contained therein.
(Ord. 27536 § 2, 2006-10-17; Ord. 27940 Ex A, 2010-11-02)
A. 
All property left in the public right-of-way, including, but not limited to, any personal and household items, furniture, appliances, machinery, equipment, building materials, or other items, shall be deemed abandoned and shall constitute a violation of this chapter and is hereby declared a public nuisance. All property left on the public right-of-way as a result of an eviction or a forcible entry and detainer or unlawful detainer action shall be deemed abandoned and is hereby declared a public nuisance.
B. 
The abutting property owner shall not allow any abandoned property to remain on their property, including that property located in the public right-of-way. Any items which remain on the public right-of-way for a period of 48 hours shall be deemed abandoned and constitute a public nuisance subject to removal from the real estate by the City with or without notice.
C. 
It shall not be a defense to this chapter that the City has been contacted for a bulk waste pickup if the items were placed on the public right-of-way more than 24 hours prior to the pickup date assigned by the City.
D. 
The costs of abatement may be assessed against the abutting real estate from which the nuisance was abated for collection in the manner provided in this chapter if notice was served pursuant to TMC § 8.30.080B.
(Ord. 27940 Ex A, 2010-11-02; Ord. 28108 Ex. H, 2012-12-04)
Every person who violates any provision of this chapter has committed a civil violation and shall be subject to the provisions herein. The owners of all residential dwellings, commercial establishments, and/or real estate upon which a violation of this article is found shall be jointly and severally responsible for compliance with this article and jointly and severally liable for any damages or costs incurred and awarded under this article.
(Ord. 27536 § 2, 2006-10-17; Ord. 27940 Ex A, 2010-11-02)
If the Public Official determines that a nuisance exists which is a severe and imminent threat to public health, safety, or welfare, and constitutes an emergency requiring immediate abatement, the City may perform any emergency action necessary to abate the nuisance with or without prior notice.
(Ord. 27536 § 2, 2006-10-17; Ord. 27940 Ex A, 2010-11-02)
A. 
A Public Official, if he or she has a reasonable belief that a public nuisance exists in violation of this chapter, may issue a Notice of Violation and Abatement to the Owner of the property. Said Notice of Violation and Abatement shall contain the following:
1. 
The street address or a description of the building, structure, premises, or land, in terms reasonably sufficient to identify its location;
2. 
A description of the violation and a reference to the provisions of the Tacoma Municipal Code which have been violated;
3. 
A description of the action required to abate the public nuisance which may include corrections, repairs, demolition, removal, or any other appropriate action;
4. 
A statement that the required action must be taken within 18 calendar days from the date of the Notice of Violation and Abatement after which the City may abate the public nuisance in accordance with the provisions of this chapter;
5. 
A statement that the owner to whom a Notice of Violation and Abatement is directed may request a hearing by the Hearing Examiner. Such notice must be in writing and must be received by the City Clerk, no later than 10 calendar days after the Notice of Violation and Abatement has been issued;
6. 
A statement that if the owner to whom the Notice of Violation and Abatement is issued fails to submit a Notice of Appeal within 10 calendar days of issuance or fails to voluntarily abate the nuisance within 18 calendar days of issuance, the City may abate the nuisance and may assess all costs of abatement against the Owner of the property.
7. 
A statement that the costs and expenses of abatement incurred by the City may be assessed against the owner named in the Notice of Violation and Abatement and further that failure to pay said costs may result in a lien against the property.
8. 
The appropriate department and/or division investigating the case and the contact person.
B. 
The Notice of Violation and Abatement shall be served by any one or any combination of the following methods:
1. 
By first class mail to the address of the Owner as indicated in the records of the Pierce County Assessor; or
2. 
By posting the Notice of Violation and Abatement in a prominent location on the premises in a conspicuous manner which is reasonably likely to be discovered; or
3. 
By personal service upon the Owner of the property.
(Ord. 27536 § 2, 2006-10-17; Ord. 27940 Ex A, 2010-11-02; Ord. 28272 Ex. D, 2014-12-16)
A. 
Any owner who violates any of the provisions of this chapter, in the discretion of the Public Official, may be assessed monetary penalties before the City initiates the abatement process referenced in this chapter. If the Public Official determines that this alternative process will more likely result in voluntary compliance, the Public Official may send a Notice of Violation, followed by civil penalties and abatement if appropriate.
B. 
The Notice of Violation shall contain the following:
1. 
The street address or a description of the building, structure, premises, or land, in terms reasonably sufficient to identify its location;
2. 
A description of the violation and a reference to the provisions of the Tacoma Municipal Code which have been violated;
3. 
A description of the action required to abate the public nuisance which may include corrections, repairs, demolition, removal, or any other appropriate action;
4. 
A statement that the required action must be taken within 18 calendar days from the date of the Notice of Violation after which the City may impose a civil penalty in accordance with the provisions of this chapter;
5. 
The abatement procedure that may be implemented if civil penalties reach more than $1,000;
6. 
The appropriate department and/or division investigating the case and the contact person;
7. 
A statement that the owner to whom a Notice of Violation is directed may request a hearing by the Hearing Examiner. Such notice must be in writing and must be received by the City Clerk, no later than 10 calendar days after the Notice of Violation and Abatement has been issued;
8. 
A statement that the costs and expenses of abatement incurred by the City may be assessed against the owner named in the Notice of Violation and further that failure to pay said costs may result in a lien against the property.
C. 
The Notice of Violation will be sent in the same manner as outlined in TMC § 8.30.080B;
D. 
Civil penalty. At the end of the specified timeframe, the site will be reinspected to see if the condition has been corrected. If the condition has been corrected, the case will be closed. If the condition has not been corrected, a civil penalty in the amount of $250 may be sent.
E. 
Any person who violates any of the provisions of this chapter, in the discretion of the Public Official, may be assessed monetary penalties as an alternative to the abatement process referenced in this chapter, upon a determination that a public nuisance exists.
F. 
The civil penalty shall be served in accordance with TMC § 8.30.080B.
G. 
The civil penalty should contain the following:
1. 
A specified timeframe for correcting the violation or submitting an acceptable work schedule;
2. 
The address of the site;
3. 
The citation penalties that may be imposed in the event that the condition is not corrected within the timeframe indicated;
4. 
The abatement procedure that may be implemented if civil penalties in excess of $1,000 are assessed in trying to correct the condition; and
5. 
The appropriate department and/or division investigating the case and the contact person.
H. 
At the end of the specified timeframe, the site will be reinspected to see if the condition has been corrected. If the condition has been corrected, the case will be closed. If the condition has not been corrected, a second and/or subsequent civil penalty in the amount of $250 shall be sent or delivered in accordance with TMC § 8.30.080B.
I. 
A person to whom a civil penalty is directed may request a hearing by the Hearing Examiner. Such notice must be in writing and must be received by the City Clerk no later than 10 calendar days after the civil penalty has been issued;
J. 
Civil penalties will continue to accumulate until the condition is corrected or, if the total assessed penalty exceeds $1,000, an abatement proceeding may be initiated. At such time that the assessed penalty exceeds $1,000, a Certificate of Complaint may be filed with the Pierce County Auditor to be attached to the title of the property. A copy of the Certificate of Complaint shall be sent to the owner and parties of interest if determined.
K. 
Each day that a property is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter.
(Ord. 27536 § 2, 2006-10-17; Ord. 27940 Ex A, 2010-11-02; Ord. 28272 Ex. D, 2014-12-16)
A. 
A person to whom a Notice of Violation and Abatement or civil penalty has been issued, or any other person with a legal or equitable interest in the property, may request a hearing by filing the request with the City Clerk no later than 10 calendar days after said Notice of Violation and Abatement or civil penalty is issued. Each request for hearing shall contain the address and telephone number of the person requesting the hearing and the name and/or the name and address of any person who will be present to represent him or her. Each request for hearing shall set out the basis for the appeal.
B. 
If a hearing is requested, the Hearing Examiner, will conduct the hearing required by this chapter no more than 18 calendar days after the Public Official issues the Notice of Hearing, unless the Hearing Examiner or Public Official finds good cause to continue the matter to another date.
C. 
If a request for a hearing is received, the Public Official shall mail a notice giving the time, location, and date of the hearing, by first class mail to whom the Notice of Violation and Abatement or civil penalty was directed.
D. 
The Hearing Examiner shall conduct a hearing. The hearing shall be conducted in accordance with 1.23 TMC and the Hearing Examiner’s rules. The City shall have the burden of proof to establish, by a preponderance of the evidence, that a violation of this chapter has occurred and that the required corrective action is reasonable, or that the civil penalty was assessed for noncompliance with this chapter.
E. 
The Hearing Examiner shall determine whether the City has established, by a preponderance of the evidence, that a violation of this chapter has occurred and that the required corrective action is reasonable, or that the civil penalty was reasonable, and shall affirm, modify, or vacate the Public Official’s decisions regarding the alleged violation, the required corrective action, and/or civil penalty with or without written conditions.
F. 
The Hearing Examiner shall issue a final Order which contains the following information:
1. 
The decision regarding the alleged violation including findings of facts and conclusion based thereon;
2. 
The required corrective action, if any;
3. 
The date by which the correction must be completed;
4. 
The date after which the City may proceed with abatement, as outlined in TMC § 8.30.110, if the required corrective action is not completed;
5. 
A statement that the civil penalty is affirmed, modified, or waived;
6. 
A statement of any appeal remedies;
7. 
A notice that if the City proceeds with abatement, a lien for the costs of said abatement may be assessed against the property if the costs of abatement are not paid in accordance with the provisions of this chapter.
G. 
If the person to whom the Notice of Violation and Abatement or civil penalty was directed fails to appear or submit something in writing at the scheduled hearing, the Hearing Examiner will enter an Order finding that the violation has occurred, or the civil penalty was reasonable, and that abatement may proceed.
H. 
The Order shall be served on the person by one of the methods stated in TMC § 8.30.080B.
I. 
A final Order of the Hearing Examiner may be appealed to a court of competent jurisdiction no more than twenty-one (21) calendar days of its issuance.
(Ord. 27536 § 2, 2006-10-17; Ord. 27876 Ex. A, 2010-02-23; Ord. 27940 Ex. A, 2010-11-09; Ord. 28272 Ex. D, 2014-12-16)
A. 
Using any lawful means, the City may enter unsecured property and may remove or correct the condition which is subject to abatement. If the owner of the premises does not consent to entry, the City may seek such judicial process in the Pierce County Superior Court, as it deems necessary, to effect the removal or correction of such condition.
B. 
Where the City has chosen to abate the condition and the condition subject to abatement consists of or includes solid waste, as defined in Chapter 12.09 of the Tacoma Municipal Code, the collection, removal, and disposal of the solid waste shall be performed by the City, and the actual cost of such collection, removal, and disposal shall be charged to the Owner.
(Ord. 27536 § 2, 2006-10-17; Ord. 27940 Ex. A, 2010-11-09; Ord. 28108 Ex. H, 2012-12-04)
A. 
The costs, including incidental expenses, for correcting the violation may be billed to the owner to which a Notice of Violation and Abatement has been directed, and shall become due and payable to the City of Tacoma no later than 30 calendar days from the date of the invoice. The term “incidental expense” includes, but is not limited to, personnel costs, both direct and indirect, including attorney’s fees; costs incurred in documenting the violation; hauling, storage, and disposal expenses; filing fees; and actual expenses and costs of the City in preparing notices, specifications, and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required, printing or mailing; and any and all costs of collection.
B. 
If the person responsible for the costs of abatement fails to remit in a timely manner, the City may file a lien against the real property for the cost of any abatement proceedings under this chapter, except no lien shall attach to the real property if the Owner was found not responsible in the Order issued by the Hearing Examiner. A notice of the City’s lien specifying the expenses incurred in abating the nuisance and giving the legal description of the premises sought to be charged shall be filed with the county auditor within 90 days from the date of the abatement. Such lien may at any time thereafter be collected in the manner provided for foreclosure of mechanic’s liens under the laws of the State of Washington.
C. 
In addition to a lien, the debt shall be collectible in the same manner as any other civil debt owing to the City, and the City may pursue collection of the costs of any abatement proceedings under this chapter by any other lawful means, including, but not limited to, referral to a collection agency.
D. 
Any unpaid amounts for the cost of collection, removal, and disposal of solid waste by the City, under TMC § 8.30.110. B. may be collected in any lawful manner authorized for the collection of utility bills.
(Ord. 27536 § 2, 2006-10-17; Ord. 27876 Ex. A, 2010-02-23; Ord. 27940 Ex. A, 2010-11-09; Ord. 28108 Ex. H, 2012-12-14; Ord. 28272 Ex. D, 2014-12-16)
A. 
Any person sent an invoice for the costs due for the abatement of a nuisance may request a hearing to determine if the costs should be assessed, reduced, or waived.
B. 
A request for a hearing shall be made in writing and filed with the City Clerk no later than ten (10) calendar days from the date of the invoice.
C. 
Each request for hearing shall contain the address and telephone number of the person requesting the hearing and the name and/or the name and address of any person who will be present to represent him or her.
D. 
Each request for hearing shall set out the basis for the appeal.
E. 
Failure to request a hearing within ten (10) calendar days from the date of the invoice shall be a waiver of the right to contest the validity of the costs incurred in abatement of the violation.
F. 
If a hearing is requested, the Hearing Examiner will conduct the hearing no more than 18 calendar days after the Public Official issues the Notice of Hearing, unless the Hearing Examiner or Public Official finds good cause to continue the matter to another date.
G. 
If a hearing is requested, the Public Official shall mail a notice giving the time, location, and date of the hearing, by first class mail, to the person or persons to whom the invoice for the costs of abatement was directed.
H. 
The Hearing Examiner shall conduct a hearing. The hearing shall be conducted in accordance with 1.23 TMC and the Hearing Examiner’s rules. The City shall have the burden of proof to establish, by a preponderance of the evidence, that the abatement costs were reasonable.
I. 
The Hearing Examiner shall issue an order and determine whether the costs of abatement were reasonable and necessary. The Hearing Examiner may uphold the amount billed for the costs of abatement, reduce the amount billed, or waive the costs.
J. 
The order of the Hearing Examiner is the final administrative decision. Such decision may be appealed in accordance with TMC § 8.30.100I.
(Ord. 27536 § 2, 2006-10-17; Ord. 27876 Ex. A, 2010-02-23; Ord. 27940 Ex. A, 2010-11-09; Ord. 28272 Ex. D, 2014-12-16)
Nothing in this chapter shall preclude the City from seeking any other relief, as authorized in other provisions of the Tacoma Municipal Code. Enforcement of this chapter is supplemental to all other laws adopted by the City.
(Ord. 27536 § 2, 2006-10-17; Ord. 27876 Ex. A, 2010-02-23; Ord. 27940 Ex. A, 2010-11-09)
A repeat offender is defined as a property owner or tax parcel which has a confirmed compliance history, including any identical or similar violations or Notice of Violation and Abatement at the same site or on a different tax parcel, but caused by the same Owner two times within a 12-month period.
If an Owner or tax parcel is found to be a repeat offender, he or she may be subject to an inspection fee equivalent to a reinspection fee as defined in TMC Chapter 2.09. All appeals with regards to the reinspection fee shall be as outlined in the appeal process for the Notice of Violation and Abatement or civil penalties and shall be filed with the City Clerk’s office in the same manner.
(Ord. 27536 § 2, 2006-10-17; Ord. 27940 Ex. A, 2010-11-09)
If any provision or section of this chapter shall be held to be void or unconstitutional, all other parts, provisions, and sections of this chapter not expressly so held to be void or unconstitutional shall continue in full force and effect.
(Ord. 27536 § 2, 2006-10-17)