The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
“Abandoned structure” means any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidence indicates that no person is presently in possession. Evidence of abandonment may include, but is not limited to, disconnected utilities, accumulated debris, uncleanliness, and disrepair. In the case of chattels, location, length of time or any particular state of mind of the owner or person entitled to possession are not conclusive in determining whether the property is abandoned.
“Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the enforcement officer, in his judgment, determines it necessary in the interest of the general health, safety and welfare of the community. It shall include to stop, discontinue, or do away with a condition on any premises which is in violation of this chapter or any part of the Kalama Municipal Code which defines a public nuisance.
“Attractive nuisance” means any property, real or personal, constituting or containing a dangerous condition which might reasonably be expected to attract children of tender years, including, but not limited to, abandoned or unoccupied dwellings or structures, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris, abandoned property either real or personal as interpreted in the definition of abandoned.
“Building materials” mean and include lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials.
“Enforcement officer” means the nuisance abatement officer under the supervision of the clerk-treasurer and/or police chief or as designated by the mayor.
“Graffiti” means the writing, painting, or drawing of any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless that person has given permission to the perpetrator for such conduct.
“Grass” or “uncut grass” means any grass which is more than twelve inches tall.
“Junk” means and includes all old appliances or furniture or parts thereof, all old iron, or other metal, or machinery of any kind or of any major parts thereof, glass, grass, cardboard, old lumber, old wood, or tires or articles that have outlived their usefulness in their original form.
“Premises” means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks, parking strips and street.
“Refuse” means and includes all trash, dirt, garbage, discarded food or clothing, animal and vegetable matter including excrement and lawn and garden debris, cans, bottles, insect-infested materials of all kinds, and ashes.
“Responsible person” means the owner, any agent, lessee or tenant of any premises.
“Storage area” means any open area of a parcel of land in a residential, commercial, and industrial use district.
“Unsafe structure” means any structure fitting the definition as contained in Chapter 1, Section 108 of the International Property Maintenance Code, 2003 Edition. (Ord. 1164 § 2 (part), 2005).

Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the enforcement officer determines that any of these conditions exist upon any premises or in any lake, river, stream, drainageway or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter:
A. The existence of any junk as defined herein; provided, junk vehicles may be dealt with under Chapter 10.12 of this code if they qualify under the definitions in that chapter. In addition, the retention, parking or storage of any unauthorized vehicle on the public rights-of-way of the city or on private property unless so retained, parked or stored as expressly permitted in Title 17 of this code. For the purposes of this section, an “unauthorized vehicle” is as defined in Chapter 46.55 RCW and the procedure set forth therein may be followed without regard to the nuisance abatement procedure provided in this chapter;
B. The accumulation of materials or objects in a storage area when the same endangers property and/or safety or creates unsanitary conditions;
C. The retention of wastes that are not in a covered receptacle which include, but are not limited to, bones, meat hides, skins, whole or parts of any dead animal, fish, fowl or reptile;
D. The existence of any places which are likely to attract flies, mosquitoes, and vermin, or which are foul or malodorous, including, but not limited to, privies, vaults, cesspools, sumps and pits;
E. The existence of any junk or refuse as defined herein on any premises as defined herein;
F. The existence of any noxious weeds, growing or otherwise, without the proper retention in a covered receptacle, including, but not limited to, poison oak, poison ivy, Russian thistle, or other such weeds;
G. The growing of blackberry vines that create a visibility obstruction at intersections, alleys, and driveway entrances or that grow onto another person’s property, as well as tall grass and/or weeds which become over one foot in height;
H. The existence of items that may become a fire hazard;
I. The storage or keeping on any premises for more than thirty days of any used or unused building materials as defined in this chapter, whose retail cost new would exceed one thousand dollars, without a special permit from the director; provided, the business is permitted under the zoning ordinance and other applicable ordinances of the city. Nothing in this section shall:
1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being pursued diligently to completion.
2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard, dealer in building materials or other commercial enterprise.
3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws.
J. The existence of any fence or other structure or thing on private property which is sagging, leaning, fallen, decayed, dilapidated, or in an unsafe condition;
K. Violation of the zoning ordinance (KMC Title 17); health and sanitation regulations (KMC Title 7); and building and construction codes (KMC Title 14);
L. The existence on any premises, in a place accessible to children, of any attractive nuisance;
M. The existence of any drainage onto or over any sidewalk or public pedestrian way;
N. The existence of any bees, Africanized honey bees, yellow jackets, hornets, or wasps that harbor in colonies, hives, apiaries or nests which are not authorized by ordinance or statute and are not in full compliance with Chapter 15.60 RCW or Chapter 16-602 WAC;
O. The existence of any graffiti as defined herein;
P. The existence of any heat pump and/or air conditioner unit that is ground-mounted, unless screened by shrubs or fence from the adjacent property;
Q. The existence of any flood or display lighting unless used and constructed so as to not unduly illuminate the surrounding properties and not create a traffic hazard. Lighting maintained by the city on public rights-of-way and lighting of athletic fields are exempt from this provision. (Ord. 1164 § 2 (part), 2005).

A. It is unlawful for any person to permit, maintain, suffer, carry on or allow upon any premises or in any lake, river, stream, drainageway or wetlands, any of the acts or things declared by this chapter or any other ordinance of the city to be a public nuisance.
B. Every owner of premises located in close proximity to an occupied dwelling unit shall keep such premises so as to prevent rodent, insect, or other pest infestation, and to prevent fire hazards. (Ord. 1164 § 2 (part), 2005).

There shall be a nuisance enforcement officer who will serve under the direction of the clerk-treasurer and/or police chief or as designated by the mayor. The enforcement officer having knowledge of any public nuisance, which includes substandard housing and dangerous buildings shall cause any owner and/or tenant or other responsible person to be notified in writing of the existence of a public nuisance on any premises.
1. A copy of the notification shall be forwarded to:
a. Mayor;
b. City attorney;
c. Chief of police.
2. The enforcement officer shall direct the owner and/or tenant, or other responsible person to abate the condition that constitutes a public nuisance within ten days or less after the date of the notice as determined by the abatement officer.
3. The notice shall be substantially in the following form:

(Name and address of person(s) notified)

As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at _______________, you are hereby notified that the undersigned, pursuant to Chapter 7.04 of the Kalama Municipal Code, has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection _____ of Section 7.04.020:

You are hereby notified to abate said condition to the satisfaction of the undersigned within ten days of the date of this notice unless the Nuisance Enforcement Officer shortens the time for good cause. If you do not abate such condition within said period, the City may abate the condition at your expense or may file criminal charges, or both.

Abatement is to be accomplished in the following manner:

Dated:_______________

By:_________________________

4. Any order described in this section of this chapter shall be served on a responsible person. Service shall be deemed complete under any of the following conditions:
a. By delivering such notice to such person personally by any authorized person eighteen years of age or older;
b. By certified mail directed to a responsible person as defined herein with return receipt requested; or
c. By posting upon any portion of the premises visible from a public place.
5. If the whereabouts of the responsible person are unknown and the name cannot be ascertained by the enforcement officer and the enforcement officer shall make an affidavit to that effect, then the order shall be served by publishing the same twice, once each week for two consecutive weeks, in a local newspaper of general circulation in the city.
6. Whenever any declared nuisance shall be found to exist on any private or public property, the enforcement officer shall have the power and authority to issue a criminal citation if the nuisance has not been abated within the prescribed time limit set in this chapter. (Ord. 1164 § 2 (part), 2005).

In all cases where the enforcement officer successfully proceeds with abatement, the responsible person or persons shall be liable for the city’s costs. (Ord. 1164 § 2 (part), 2005).

In addition to any other remedies provided for herein, violations of any of the provisions of this chapter or the maintenance or existence of a public or private nuisance shall constitute an infraction and shall be governed by the Infraction Rules for Courts of Limited Jurisdiction (IRLJ). In the event the court determines that the defendant has committed an infraction, a civil penalty in the minimum amount of five hundred dollars, no more than two hundred fifty dollars of which may be suspended, shall be imposed upon the responsible person. Any additional penalty will be in the discretion of the court. Each day such incident is in existence shall constitute a separate and distinct infraction for the purposes of imposing a civil penalty. This section shall apply to nuisances declared as such under Kalama Municipal Code Chapter 10.12, as well as any nuisance declared as such by this or any other ordinance of the city. (Ord. 1164 § 2 (part), 2005).