"Abate"
means to remove, destroy or to otherwise remedy a condition by such means and in such manner as is necessary in the interests of the general health, safety and welfare of the community.
"Civil infraction"
means a violation of a provision of this chapter for which a monetary penalty as set forth in NMC § 1.16.030 may be imposed under this chapter. Each day in which a violation occurs or continues to exist is a separate violation.
"Enforcement officer"
means the chief of police, the fire chief, the code enforcement officer, or the applicable designee.
"Owner"
means one or more persons, jointly or severally, in whom is vested all or any part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including any part owner, joint owner, tenant in common, joint tenant by the entirety of the whole or a part of such premises; which in connection with the conduct of a business, owns, leases, possesses or makes a shopping cart available to customers or the public. For purposes of this chapter, "owner" shall also include the owner's designated agent.
"Person"
means any individual, firm, business, association, partnership, corporation, or other legal entity, public or private, however organized. Because "person" shall include both human beings and organizational entities, any of the following pronouns may be used to describe a person: he, she, they, or it.
"Premises"
means any building, lot, parcel, real estate, land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. "Premises" can also mean the entire area owned, occupied and/or utilized by an owner which provides shopping carts for use by customers or other persons, including any parking lot or other property provided by or on behalf of the owner for customer parking or use.
"Property"
means any object of value that a person may lawfully acquire and hold.
"Responsible person"
means any agent, lessee, owner, or other persons occupying or having charge or control of any premises.
(Ord. 2125 § 1 (Exh. C), 2024)
The following are declared to be nuisances affecting peace and safety:
A. 
Every act unlawfully done and every omission to perform a duty, which act or omission does any of the following:
1. 
Annoys, injures or endangers the safety, health, comfort, or repose of the citizens of the city; or
2. 
Offends public decency; or
3. 
Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous of passage, a public park, street, alley, highway, or other public area; or
4. 
In any way renders any citizens of the city insecure in life or use of property.
B. 
The following acts, in addition to any others in violation of subsection A of this section:
1. 
Throwing, depositing, exposing or causing to be disposed of, in any street or other public place within the city, any garbage, waste, refuse, litter, debris or other offensive material, unless the disposal of such items in such place is in accordance with Chapter 8.08 NMC or otherwise authorized by law;
2. 
Causing or allowing garbage, water, refuse, litter, debris, or other offensive materials to be collected or deposited, or to remain in any place in the city, to the annoyance of any person, unless otherwise permitted by law;
3. 
Erecting, continuing or using any building, room, property, or other place in the city for the exercise of any trade, employment, or manufacture which results in offensive odors or other annoyances being released, and which annoys, injures or is offensive or detrimental to the health of the individuals there employed or residing, or to the public;
4. 
Burning of refuse or other material in such a manner as to cause or permit the smoke, ashes, soot or gases arising from such burning to become discomforting or annoying, or to injure or endanger the health of any person or neighborhood;
5. 
Any building, house, room or other structure or vehicle, maintained or used for the purpose of lewdness or prostitution;
6. 
All buildings, houses, rooms or other structures used as a place of resort where disorderly persons are allowed to congregate, or in which drunkenness is carried on or permitted;
7. 
Any pit, basin, hole 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;
8. 
All obstructions to streets, rights-of-way, or other public ways in the city, and all excavation in or under the same, which are by ordinance prohibited, or which may be made without lawful permission, or which, having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time;
9. 
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, parkway, or other public or private place in the city, any one or more of, but not limited to, the following conditions or things:
a. 
Any unsound, putrid or unwholesome bone, meat, hides, skin or the whole or parts of any dead animal or fish, or any unsound, putrid, or unwholesome substance; or the offal, garbage, or other offensive parts of any animals; or any noxious, offensive, dangerous or otherwise injurious chemicals or other material such as oil, grease, poisons, explosives, radioactive materials and other similar substances in such a manner as to be offensive or injurious to public health, or unpleasant or disagreeable to the adjacent residences or persons,
b. 
Any cellar, vault, drain, sewer, or septic tank to become, from any cause, noxious, foul, offensive or injurious to public health, or unpleasant or disagreeable to the adjacent residences or persons,
c. 
Any noxious, foul or putrid liquid or substance or any liquid or substance likely to become noxious, foul, offensive or putrid to be discharged, placed or thrown upon or to flow from or out of any premises into or upon any adjacent premises or any public street or alley or to stand, remain or be upon any premises;
10. 
All premises, buildings and vehicles whereon or wherein intoxicating liquor is manufactured, sold, bartered, exchanged, given away, furnished, disposed of, consumed, or permitted to be consumed, in violation of the laws of the state and the ordinances of the city;
11. 
All vacant, unused or unoccupied buildings and structures within the city, which are allowed to become or remain open to entrance by unauthorized persons or the general public, because of broken, missing or open doors, windows, or other openings, so that the same may be used by vagrants or other persons in a manner detrimental to the health and welfare of the inhabitants of the city;
12. 
Any refrigerator, icebox or deep freeze locker 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 any place accessible to children and which has not had the door or latching mechanism removed to prevent the latching or locking of the door;
13. 
Any sign, poster or other advertising matter of any nature placed upon a telegraph, telephone or other poles, trees, sidewalks, streets, signs, traffic signs or other traffic control devices or other structures or places within streets, alleys or other public places or rights-of-way;
14. 
All buildings, or parts thereof, vehicles or other structures wherein any gambling, as defined by Chapter 9.46 RCW, may be found, and any gambling device, as defined by Chapter 9.46 RCW, may be found, except as licensed and within the scope of the license required under state law;
15. 
The depositing or allowing of irrigation or other water to run by any street, alley or other public place, in such manner as to cause settling or damage to the street, alley, or other public place, or to cause annoyance, damage, or hazard to any user of the street, alley or other public place;
16. 
The repair or abandonment of any automobile, truck, or other motor vehicle of any kind upon the public streets or alleys of the city as defined in Chapter 8.30 NMC;
17. 
Allows grass, bushes or vegetation to grow and die and become a fire hazard.
(Ord. 2125 § 1 (Exh. C), 2024)
A. 
It is unlawful for any person, by himself or by his agent 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 mentioned in NMC § 8.36.010 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 sense, or contrary to public decency or morality.
B. 
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. 2125 § 1 (Exh. C), 2024)
A. 
Right of Entry. The enforcement officer may in the performance of official duties, upon presentation of proper credentials, have the right to enter, at reasonable times, any structure, dwelling unit, building, or property in the city to perform any duty imposed upon him by the NMC.
B. 
Administrative Search Warrants. In the event the enforcement officer has been denied access to any structure, dwelling unit, building, or property, and the enforcement officer having reason to examine the structure, dwelling unit, building, or property pursuant to existing city ordinances, the enforcement officer may at the time of denial of access apply to the NMC for a search warrant for the structure, dwelling unit, building, or property. Before an administrative search warrant is issued by the municipal court judge, the enforcement officer must set forth by affidavit under oath the ordinance or ordinances upon which he is proceeding and state the circumstances upon which he is seeking the search warrant. If the municipal court judge finds that the enforcement officer is proceeding under a city ordinance, he shall issue an administrative search warrant for the search of the structure, dwelling unit, building, or property.
C. 
Return of Administrative Search Warrant. If an administrative search warrant is issued pursuant to subsection B of this section the enforcement officer shall make a return to the municipal court of the city. The enforcement officer's return shall consist of an affidavit stating the time of issuance, the time the structure, dwelling unit, building, or property was searched, and the mode of service, either by serving a copy of the warrant upon the owner of the premises, occupant or other person having charge of said premises, or upon posting notice of the administrative search warrant upon the property.
(Ord. 2125 § 1 (Exh. C), 2024)
A. 
Upon the discovery of a nuisance, the enforcement officer shall cause any owner or other person creating, keeping, maintaining or permitting the same to abate the condition within a reasonable amount of time, and in default thereof to undertake the abatement on behalf of the city.
Notice shall be served either personally or by first class and certified mail at least 10 days before the enforcement officer commences abatement, save in the cases of immediate necessity, the enforcement officer shall notify the person creating, keeping, maintaining or permitting the nuisance, the property owner and any person in possession of the property, if known, of his intentions, and shall describe with particularity the nature of the violation, the sections of this code or other law which are being violated and specifying a reasonable time within which the abatement must be accomplished. Such an order is subject to review in accord with NMC § 8.36.090.
B. 
Any owner who violates any provision of this chapter shall be subject to enforcement procedures for each violation in accordance with this chapter and further subject to Class 2 penalties in accordance with Chapter 1.16 NMC.
C. 
In addition to such other penalties as may be imposed, a court entering a judgment of guilty to a charge of creating a public nuisance may order the abatement of the same on such terms and conditions as may be just and equitable.
(Ord. 2125 § 1 (Exh. C), 2024)
Any person creating, keeping or maintaining any nuisance, or permitting, allowing, or suffering any nuisance to be maintained, who neglects or fails to abate or remove the nuisance within 24 hours next after so creating, keeping, or maintaining the nuisance, or permitting, allowing, or suffering the same to be maintained shall, for each 24 hours thereafter during which the nuisance is maintained, be guilty of a separate violation of maintaining a public nuisance.
(Ord. 2125 § 1 (Exh. C), 2024)
The enforcement officer shall have the authority to summarily and without notice abate any nuisance which either:
A. 
Causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public; or
B. 
Is within a public way or easement, or of such a character and so situated that it can be abated without the invasion or destruction of property or the prejudice of any right.
The expenses of such abatement shall become a civil debt against the responsible party and be collected pursuant to this section.
(Ord. 2125 § 1 (Exh. C), 2024)
In any case where a nuisance is to be abated by the chief of police or any other official it shall be the duty of such officer to proceed with due care and without unnecessary destruction of property. He shall in all cases be authorized to employ such assistance and adopt such means as may be necessary to effect the entire abatement of the nuisance.
(Ord. 2125 § 1 (Exh. C), 2024)
In all cases where the enforcement officer has determined to proceed with abatement, no less than seven days after giving notice the city shall acquire the jurisdiction to abate the condition at the responsible person's expense as herein provided. The enforcement officer shall, if need be, have the authority to enter the premises or property of the violator in order to abate the nuisance. Upon the abatement of the condition or any portion thereof by the city, all city fines, costs and expenses, including legal expenses, shall constitute a lien upon the property as well as a civil debt owing to the city jointly and severally by such of the persons who have been given notice as herein provided. The debts shall be collectable in the same manner as any other civil debt owing to the city. The lien shall be foreclosed in the same manner as are liens for labor and materials for the improvement of real property.
(Ord. 2125 § 1 (Exh. C), 2024)
A. 
Any person determined to be responsible for the existence of a public nuisance shall have the right to appeal to the city council. Such appeal shall be taken by filing with the enforcement officer a written statement setting forth the grounds for the appeal within 10 calendar days after the enforcement officer's decision. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in writing setting forth specifically the grounds for the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the appellant at his last known address, at least five days prior to the date set for the hearing. Further action on the abatement as specified in the original notice shall be stayed pending the decision of the council on the appeal. The decision and order of the council on such appeal shall be final and conclusive.
B. 
Any person aggrieved by a final decision of the council may petition the superior court of Pend Oreille County within 21 calendar days of the date of the decision for such relief as they may be entitled.
(Ord. 2125 § 1 (Exh. C), 2024)
Chapter 7.48 RCW of the state of Washington as now and later codified and all future amendments thereto are adopted by reference as though fully set forth in this chapter as alternative nuisance enforcement for the city.
(Ord. 2125 § 1 (Exh. C), 2024)
A. 
Any responsible person who maintains a nuisance in violation of this chapter is guilty of a misdemeanor punishable by a fine of not more than $1,000 and imprisonment for a term not to exceed 90 days, in addition to any costs of abatement. Each separate day the violation continues shall be a separate offense.
B. 
In addition to, or as an alternative to any other penalty or billable cost of abatement as provided by this chapter or by law, any responsible person who maintains a nuisance in violation of this chapter may be assessed a civil penalty under Chapter 1.16 NMC.
(Ord. 2125 § 1 (Exh. C), 2024)