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For statutory provisions regarding the abatement of public nuisances, see Chapter 9.66 RCW; for the statutory provisions authorizing third class cities to declare nuisances by ordinance, see RCW 35.24.330.
As used in this chapter, a "nuisance" is any act, omission, or condition:
A. 
That annoys, injures, or endangers the safety, health, comfort, or repose of the public;
B. 
Offends the public decency;
C. 
Unlawfully interferes with, obstructs, or renders dangerous for passage a public park, square, street, alley or highway;
D. 
Renders the public insecure in life or in use of property in any way; or
E. 
That is prohibited by this chapter.
(Ord. 568 § 5(a), 1975; Ord. 1474 § 1, 2000)
The following are declared to be nuisances affecting public peace and safety:
A. 
All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached;
B. 
All limbs of trees which are less than eight feet above the surface of any public sidewalks, or nine feet above the surface of any street;
C. 
All wires which are strung less than 15 feet above the surface of any street, roadway or alley, or eight feet above any sidewalk, except electric power wires which must not be less than 10 feet above any sidewalk;
D. 
All annoying noises and annoying vibrations which destroy the peace and quiet of the residents of the city, except those noises and vibrations which are permitted under the ordinances of the city;
E. 
All flashing signs and lights and oscillating signs and lights that annoy or disturb the peaceful occupation and use of private property within the city limits;
F. 
The allowing of runoff rainwater, ice or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk;
G. 
All barbed wire fences which are located within three feet of any public sidewalk, and any fence charged with electricity in any amount whatsoever;
H. 
All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public;
I. 
Nuisances regarding the behavior, keeping or harboring of animals is defined by PMC § 6.12.020, Trespass and nuisance;
J. 
Allowing dogs to run at large, not under leash, and not attended by the owner of such animal within the city limits;
K. 
Riding or leading horses upon the sidewalks or parking strips anywhere in the city;
L. 
Any unguarded or abandoned excavation, pit, well, or hole dangerous to life;
M. 
The repairing of automobiles or vehicles of any kind upon the public streets or in the alleys of the city;
N. 
The dumping or placing of grass clippings, yard trimmings, shrub trimmings, and plants, and shrubbery of any kind upon the streets and alleys or any ditches in the city;
O. 
Any condition which, due to lack of maintenance or cleanliness, could potentially attract, harbor, or cause the infestation of vermin or insects, including but not limited to stored refuse, unburied carcasses, pooled or stagnant water, improperly functioning or maintained temporary or permanent toilets, or abandoned structures or debris, is prohibited;
P. 
The use of paints, inks or stains as graffiti or "tagging";
Q. 
Any violation of public health ordinances.
(Formerly 8.28.020; Ord. 568 § 5(b), 1975; Ord. 1412 § 1, 1999; Ord. 1474 § 1, 2000; Ord. 1640 § 1, 2006; Ord. 1643 §§ 1, 2, 2006; Ord. 1717 § 7, 2009; Ord. 1775 § 1, 2010; Ord. 1910 § 1, 2015)
A. 
No owner or keeper shall suffer or permit any animal to defecate upon any property other than that of animal owner or keeper without immediately causing such defecation to be removed therefrom and properly disposed of. Proper disposal of animal waste shall be limited to burial where lawfully permitted and flushing in the toilet. Proper disposal of dog waste shall be limited to burial where lawfully permitted, flushing in the toilet, and disposal in a waste receptacle so designated in a public park or park area wherein dogs are permitted.
B. 
No owner or keeper of any animals shall appear with such animal on any sidewalk, street, park or other public area or on any private property neither owned nor occupied by said person without the means of removal of any feces left by the animal.
C. 
Owners or keepers of animals that are working in their official police capacity are exempt from this section in situations where safety or professional duties would be compromised.
(Ord. 1775 § 2, 2010)
A person is guilty of depositing an unwholesome substance if he deposits, leaves, or keeps, on or near a highway or route of public travel, on land or water, any unwholesome substance; or if he establishes, maintains or carries on, upon or near a highway or route of public travel, on land or water, any business, trade or manufacture which is noisome or detrimental to the public health; or if he deposits or dashes into the lakes or rivers of the city, the offal from or the dead body of any animal.
(Formerly 8.28.030; Ord. 568 § 5(c), 1975; Ord. 1474 § 1, 2000)
A person is guilty of maintaining an outdoor privy if he keeps or maintains any water closet, privy, vault, or other outhouse in such a manner that the same shall become foul and nauseous, or offensive to any neighborhood, family, or person.
(Formerly 8.28.040; Ord. 568 § 5(d), 1975; Ord. 1474 § 1, 2000)
A. 
The city may abate a violation of this chapter when:
1. 
The terms of voluntary correction agreement pursuant to PMC § 8.28.080 have not been met;
2. 
A citation has been issued pursuant to PMC § 8.28.070;
3. 
The condition is subject to summary abatement as provided for in subsection B of this section; or
4. 
In accordance with the provisions as set forth in Chapter 20.82 PMC.
B. 
Summary Abatement. Whenever any nuisance causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety, or welfare, or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the city or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the city be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person responsible for the violation.
C. 
Authorized Action by the City. Using any lawful means, the city, or its agent, may enter upon the subject property and may remove or correct the condition which is subject to abatement. The city may seek judicial process as it deems necessary to effect the removal or correction of such condition.
D. 
Recovery of Costs and Expenses. The costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and/or the owner, lessor, tenant, or other person entitled to control, use, and/or control of the property, and shall become due and payable to the city within 10 calendar days. The term "incidental expenses" includes, but is not limited to personnel costs, both direct and indirect, and including attorney fees; costs incurred in documenting the violation; hauling, storage, and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications, and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property, as set forth in subsection F of this section.
E. 
Interference. Any person who knowingly obstructs, impedes, or interferes with the city or its agents, or with the person responsible for the violation in the performance of duties imposed by this chapter, shall be guilty of a misdemeanor punishable by imprisonment not exceeding 90 days and a fine not exceeding $1,000.
F. 
Lien – Authorized. The city of Pacific shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all the related costs including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity.
1. 
The city shall cause a claim for lien to be filed for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated.
2. 
The claim of lien shall contain sufficient information regarding the notice of civil violation, as determined by the mayor or designee, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.
3. 
Any such claim of lien shall be verified by the mayor or designee, and may be amended from time to time to reflect changed conditions.
4. 
No such liens shall bind the affected property for a period longer than five years, without foreclosure or extension agreed to by the property owner.
(Formerly 8.28.050; Ord. 568 § 5(e), 1975; Ord. 1474 § 1, 2000; Ord. 1643 § 3, 2006)
A. 
In addition to any other judicial or administrative remedy, the mayor or designee may assess a civil penalty of $250.00 for each violation of this chapter. Each day a violation is allowed to continue or exist, or is not corrected, shall constitute a separate offense.
B. 
A continued offense, re-offense, or subsequent violation of the same or like provision of this chapter committed within a 24-month period shall be a misdemeanor and is punishable by a fine of up to $1,000, 90 days in jail, or both.
(Ord. 1474 § 1, 2000)
A. 
The city may, at its discretion, enter into a voluntary correction agreement with the person responsible for a violation of this chapter. Such an agreement shall be in the form of a written contract 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:
1. 
The name and address of the person responsible for the violation;
2. 
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;
3. 
A description of the violation and a reference to the regulation which has been violated;
4. 
The necessary corrective action to be taken, and a date or time by which correction must be completed;
5. 
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
6. 
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.
B. 
Right to a Hearing Waived. Upon entering into a voluntary correction agreement, the person responsible for the violation shall have no right to an administrative hearing, under this chapter or otherwise, regarding the matter of the violation and/or the required corrective action.
C. 
Extension and Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the city if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances delay correction under the original conditions and the responsible person provides the request in writing clearly establishing the need for such an extension.
D. 
Abatement by the City. The city may abate the violation in accordance with PMC § 8.28.060 if the terms of the voluntary correction agreement are not met.
E. 
Collection of Costs. If the terms of the voluntary correction agreement are not met, the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with PMC § 8.28.070, plus all costs and expenses of abatement, as set forth in PMC § 8.28.060.
(Ord. 1474 § 1, 2000)