The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
"Compliance officer"
means the city manager's designee.
"Correct"
means to abate, repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such extent as the compliance officer, in the officer's judgment, determines is necessary in the interest of the general health, safety, and welfare of the community.
"Deteriorated"
means to have become inferior in quality or value, to have become impaired in quality, functioning, or condition, to have fallen from a higher to a lower level in quality, character, or vitality.
"Dilapidated"
means having fallen into a state of disrepair or deterioration, as through neglect, broken-down and shabby. Includes battered, beat-up, broken-down, crumbling, crumbly, crummy, damaged, decayed, decaying, decrepit, dingy, dog-eared, faded, fallen in, impaired, injured, marred, neglected, old, ramshackle, ratty, raunchy, rickety, rinky-dink, ruined, ruinous, run-down, seedy, shabby, shaky, slummy, tacky, threadbare, tumbledown, uncared for, unimproved, unkempt, used up, worn out.
"Fence"
means an upright structure serving as an enclosure, a barrier, or a boundary, usually made of posts, boards, wires or stakes joined together by boards, wire, or rails. For the purposes of enforcement of this nuisance code, a fence shall not be constructed of wooden pallets, tires, sheets of plywood or corrugated sheet metal or any type of metal. A sight-obscuring fence shall be a fence between the subject property and the abutting property, whether the property be publicly owned or in private ownership.
"Observe"
means to see, to witness, to discern, to spot, to view.
"Premises"
means any building, lot, parcel, real estate, or land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking lanes.
"Responsible person"
means any agent, lessee, or other person occupying or having charge or control of any premises.
"Sight-obscuring"
as used herein is defined as to make dark, dim, or indistinct or to 100 percent conceal or to hide. At any distance from the fence, viewed by a person standing not taller than six feet and from any point of view outside of the fenced area, any materials, equipment, or activity in the interior of the fenced area shall not be visible to the viewer from the intersection of the fence with the ground upwards.
"Trash"
means worthless or discarded objects, refuse, or rubbish. Something broken off and to be discarded, much like plant materials. Also includes debris, dreck, dregs, droppings, dross, excess, filth, fragments, junk, leavings, litter, oddments, offal, pieces, refuse, residue, rubbish, rubble, rummage, scourings, scrap, scraps, scum, sediment, shavings, slag, sweepings, or waste.
(Ord. 19-12 § 2)
The following are declared to be nuisances affecting health:
A. 
Defective or overflowing septic or sewage systems, and the existence of any noxious, foul, or putrid liquid or substance which poses a health hazard or creates a noxious odor;
B. 
Any man-caused pool of standing or stagnant water, except storm drainage systems and properly maintained ornamental or landscape pools or ponds, which serves as a breeding area for insects;
C. 
Accumulation of garbage, decaying vegetation, manure, dead animals, or other noxious things in a street or alley, or on public or private property to an extent injurious to the public health, safety, welfare or comfort of others;
D. 
All other acts, failure to act, occupations, or use of property that is a menace to the health of the public.
(Ord. 10-86; Ord. 30-03; Ord. 13-06; Ord. 18-12 § 6; Ord. 19-12 § 2; Formerly 9.16.030)
The following are declared to be nuisances affecting peace and safety:
A. 
All public sidewalks not maintained in accordance with Chapter 12.16 RMC;
B. 
All trees, hedges, fences, signs or other obstructions which are not installed or maintained in accordance with Chapter 12.11 RMC;
C. 
All limbs of trees which are less than eight feet above the surface of any public sidewalk, or 14 feet above the surface of any street;
D. 
All buildings, other structures, or portions thereof which have been damaged by fire, decay, or have otherwise deteriorated so as to endanger the safety of the public and the existence of any fence, other structure, or thing on private or public property abutting or fronting upon any public street, public sidewalk, or public place, which is sagging, leaning, fallen, decayed, or is otherwise dilapidated and creating an unsafe condition, which shall include any interior walls or other vertical structural members which list, lean or buckle to such an extent that a plumbline passing through the center of gravity falls outside the middle third of its base;
E. 
All explosives, flammable liquids, and other dangerous substances stored or used in any manner in violation of the fire code shall be referred to the fire department;
F. 
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, the total of which material would exceed two cubic yards in volume, any one or more of the following conditions or things:
1. 
Filthy, littered, or trash-covered yards, vacant lots, or other premises;
2. 
Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, and other pack materials, including scrap wood, lumber, scrap iron, metal, or other material which is not neatly piled;
3. 
Bottles, cans, glass, ashes, pieces of scrap iron, wire, metal articles, broken stone or cement, and all trash or abandoned material, unless kept in covered bins or receptacles, or anything whatsoever in which rodents or insects may breed or multiply, or which may be a fire hazard;
4. 
Accumulation of garbage, decaying vegetation, manure, dead animals, or other noxious things in a street or alley, or on public or private property;
5. 
This section shall include keeping or storing the equivalent amount of material in a trailer, pickup bed, or other portable container;
G. 
The permitting to remain outside any dwelling, building, or other structure any vehicle parts, ice chest, refrigerator, furniture, household appliances or other similar items, in any front, side or rear yard of the property which may be maintained by a "responsible person" as defined in RMC § 10.04.010 and which items can be seen from a public sidewalk, street or road unless enclosed behind a 100 percent sight-obscuring fence and in a manner where it is not visible from public property or from private property when observer is standing at ground level;
H. 
Any pit, hole, basin, or excavation which is unguarded or has been abandoned, or is no longer used for the purpose constructed, or is maintained contrary to statutes, ordinances, or regulations;
I. 
Any well or storage tank permitted to remain on any public or private property without being securely closed or barring any entrance or trap door thereto, or without filling or capping any well;
J. 
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 10.06 RMC;
K. 
All barbed wire fences or any fence charged with electricity in any amount whatsoever, except as permitted by RMC § 23.38.070(F);
L. 
The keeping or permitting the existence of any bees or other insects, reptiles, rodents, fowl, or any other animals, domestic or wild, in any manner contrary to law, or which affect the safety of the public;
M. 
The existence of any fence, other structure, or thing on private or public property abutting or fronting upon any public street, sidewalk, or place, which is sagging, leaning, fallen, decayed, or is otherwise dilapidated and creating an unsafe condition or which vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity falls outside the middle third of its base;
N. 
The existence of any vine, shrub, or plant growing on, around, or in front of any fire hydrant, utility pole, utility box, or any other appliance or facility provided for fire protection, public, or private utility purposes in such a way as to obscure from view or impair access thereto;
O. 
The keeping or permitting the existence of morning glory, tackweed, Russian thistle, or other noxious weed, growing or otherwise, which is a health or safety hazard to persons or property;
P. 
All grasses, weeds, or other vegetation growing or which has grown and died, determined to be a fire or safety hazard or a nuisance to persons, shall not exceed six inches in height measured above the ground except as follows:
1. 
Any parcel of land or contiguous segregated parcels of land which when combined represent a parcel larger than one acre in size, may comply with these requirements by providing a firebreak along that portion of the perimeter of the parcel which abuts developed property or an improved street. The firebreak shall be a minimum of 20 feet in width, within which all weeds and vegetation, except established trees, shall not exceed 12 inches in height measured above the ground;
2. 
Any designated public parkland, natural area, or environmentally sensitive area, or any large undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes; any of the above exceptions may be waived and additional maintenance required by the compliance officer if he determines such action is necessary to protect the safety of persons or adjoining property. All maintenance shall be done in a manner so as to minimize disruption of soil stability;
Q. 
The existence of any dead, diseased, infested, or dying tree, shrub, or other vegetation which may pose a danger to vegetation, crops, property or persons;
R. 
Objects that interfere with, obstruct, tend to obstruct, or render dangerous for passage of either persons or vehicles to any public park, street, sidewalk, alley, highway or other public area. Objects subject to this section include but are not limited to basketball hoop standards, street hockey goals and nonoperational or abandoned vehicles, or parts thereof, or other articles of personal property, which are discarded or left in a state of partial repair.
(Ord. 99-76 § 1.01; Ord. 10-86; Ord. 26-90; Ord. 30-03; Ord. 26-05; Ord. 28-05; Ord. 13-06; Ord. 18-12 § 6; Ord. 19-12 § 2; Ord. 26-18 § 1; Formerly 9.16.040)
A. 
Civil Penalty for Failure to Comply with Final Orders. In addition to any other sanction or remedial injunctive procedure that may be available at law or equity, any person failing to comply with a final order issued by the compliance officer or hearing examiner shall be subject to a civil penalty as set forth in RMC § 10.02.050(E). The civil penalty shall be collected by such action brought in the name of the city.
Provided, if the same violator has been found to have committed an infraction violation for the same or similar conduct two separate times, with the violations occurring at the same location and involving the same or similar sections of the Richland Municipal Code or other similar codes, the third or subsequent violation shall constitute a misdemeanor, punishable as provided in RMC § 1.30.010 for criminal offenses.
(Ord. 30-03; Ord. 06-10 § 1.16; Ord. 18-12 § 6; Ord. 19-12 § 2; Formerly 9.16.090)
A. 
The provisions of this chapter shall be cumulative and nonexclusive, and shall not affect the city's right to any other claim, cause of action, or remedy available at law or equity.
B. 
Any violation of any provision of this chapter is hereby declared to be a public nuisance. The compliance officer may request that the city attorney, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such public nuisance in the manner provided by law or remove such public nuisance and restrain and enjoin any person from causing sound or permitting sound to originate that constitutes a violation under this chapter.
(Ord. 30-03; Ord. 18-12 § 6; Ord. 19-12 § 2; Formerly 9.16.100)
A. 
It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
B. 
Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents.
(Ord. 30-03; Ord. 18-12 § 6; Ord. 19-12 § 2; Formerly 9.16.110)
If and when an owner or other responsible person shall undertake action to correct any condition described in this chapter, whether by order of the compliance officer, or otherwise, all necessary and legal conditions pertinent to the correction may be imposed by the compliance officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permits or approvals to do any work incidental to the correction.
(Ord. 10-86; Ord. 30-03; Ord. 18-12 § 6; Ord. 19-12 § 2; Formerly 9.16.120)
In all cases where the compliance officer has determined to proceed with correction, 10 days after giving notice, the city shall acquire jurisdiction to correct the condition at the responsible person's expense, as herein provided. Upon correction of the condition, or any portion thereof, by the city, all the expenses thereof shall constitute a civil debt owing to the city jointly and severally by such of the persons who have been given notice as herein provided. The debt shall be collectible in the same manner as any civil debt owing to the city.
(Ord. 10-86; Ord. 30-03; Ord. 18-12 § 6; Ord. 19-12 § 2; Formerly 9.16.130)
Whenever any condition on or use of 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 significant portion thereof, the correction officer shall have the authority to summarily and without notice correct the same. The expense of such correction shall become a civil debt against the owner or other responsible party and be collectible in the same manner as any civil debt owing to the city. Correction shall be as provided in this chapter or Washington statutes.
(Ord. 10-86; Ord. 30-03; Ord. 18-12 § 6; Ord. 19-12 § 2; Formerly 9.16.140)
Considerations involving dangerous buildings shall be processed according to RMC Title 21 as it now exists or may be amended in the future.
(Ord. 10-86; Ord. 30-03; Ord. 18-12 § 6; Ord. 19-12 § 2; Formerly 9.16.150)