“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 applicable City department director or designee determines is necessary in the interest of the general health, safety, and welfare of the community.
“Chronic nuisance property”means a property:
1. On which three or more nuisance activities as defined herein exist or have occurred during any 60-day period; or
2. On which four or more nuisance activities as defined herein exist or have occurred during any six-month period; or
3. On which six or more nuisance activities as defined herein exist or have occurred during any 12-month period; or
4. That, upon request for execution of a search warrant, has been the subject of a determination by a court two or more times within a 12-month period that probable cause exists that illegal possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Revised Code of Washington (“RCW”) 69.50, has occurred on the property; or
5. That the City can demonstrate by a preponderance of the evidence is the cause of nuisance activities that are occurring on other property adjacent to or in proximity to the property itself, where such nuisance activities occurring on such other property meet the definition of 1, 2, 3, or 4 above.
“Correction agreement”means a contract between the City and the owner and, if different than the owner, the person in control of the chronic nuisance property, in which such person(s) agrees to promptly take all reasonable actions, which shall be set forth in the agreement, to abate the nuisance activities within a specified time and according to specified conditions.
“Director”means any City of Tacoma Department Director, or designee.
“Landlord”means the owner, lessor, or sublessor 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.
“Nuisance activity”includes a violation for any of the following:
1. A “most serious offense,” as defined in RCW
9.94A;
2. “Alcoholic beverage control violations,” as defined in RCW
66.44;
4. “Drug–related activity,” including unlawful manufacture, delivery, sale, storage, possession, or giving away of any controlled substance, as defined in RCW
69.50; illegal drugs, as defined in RCW
69.41; precursor drugs, as defined in RCW
69.43; or imitation controlled substances, as defined in RCW
69.52;
5. “Gang-related activity,” as defined in RCW
59.18.030;
6. “Reckless endangerment,” as defined in RCW
9A.36.050;
7. Animal Control, Tacoma Municipal Code (“TMC”) Title 17;
8. Assault in the Fourth Degree, TMC Chapter
8.76;
9. Curfew Hours for Minors, TMC Chapter
8.109;
10. Disorderly Conduct, TMC Chapter
8.12;
11. Drug Paraphernalia, TMC Chapter
8.29;
12. Drug-related Loitering, TMC Chapter
8.72;
13. Fire Prevention Code, TMC Chapter
3.02;
19. Indecent Acts, TMC Chapter
8.32;
20. Minimum Building and Structures Code, TMC Chapter
2.01;
22. Noise Enforcement, TMC Chapter
8.122;
23. Obstructing Pedestrians or Traffic, TMC Chapter
8.13;
24. Prostitution, TMC Chapter
8.46;
25. Public Nuisances, TMC Chapter
8.30;
26. Regulation of Purchase/Sale of Ephedrine, TMC Chapter
8.140;
27. Stay Out of Areas of Prostitution (“SOAP”) Orders, TMC Chapter
8.170;
28. Stay Out of Drug Areas (“SODA”) Orders, TMC Chapter
8.160;
29. Solid Waste, Recycling and Hazardous Waste, TMC Chapter
12.09;
30. Tax and License Code, TMC Title 6;
31. Unlawful Assembly, TMC Chapter
8.60;
32. Urinating in Public, TMC Chapter
8.33;
37. Trafficking in stolen property in the first degree, RCW
9A.82.050;
38. Trafficking in stolen property in the second degree, RCW
9A.82.055;
39. Rental Housing Code, TMC Chapter
1.95;
40. Any similar violation of the RCW or the United States Code;
41. Any attempt to commit and/or conspiracy to commit any of the above activities, behaviors, or conduct shall also be considered a nuisance activity.
“Owner”means any person having any interest in the real estate in question as indicated in the records of the office of the Pierce County Assessor, or whose ownership interest is otherwise established.
“Person”means 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.
“Person in control”means any person in actual or constructive possession of a property, including, but not limited to, an owner, occupant, agent, business owner, business manager, or property manager of a property under the person’s control.
“Property”means any building, lot, tax parcel, dwelling, rental unit, real estate, or land, or portion thereof, including property used as residential or commercial property.
“Service by mail”shall be deemed complete upon the third day following the day upon which the notice of violation is placed in the mail, unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday, following the third day.
“Violation”means a criminal conviction, civil judgment, issuance of a civil penalty, issuance of a notice of violation, or any act or conduct which the City can establish by a preponderance of the evidence exists or has occurred regardless of whether such act resulted in a criminal charge or civil penalty. Copies of police incident reports, reports of other City departments documenting nuisance activities, evidence of a property's general reputation, and the reputation of persons residing in or frequenting the property shall be admissible in proceedings under this chapter. A civil infraction or criminal charge which is deferred or subject to pretrial diversion, or a verdict of not guilty on a criminal charge, may be counted as a violation if the violation is proved by a preponderance of the evidence; provided, however, that a finding of not committed on a civil infraction precludes use of that act as a basis for a violation under this chapter.
(Ord. 28530 Ex. A, 2018-09-25; Ord. 28659 Ex. A, 2020-02-25; Ord. 28908 Ex. A, 2023-08-22)