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"Abandoned property," for purposes of defining a chronic nuisance, means a property over which the person in charge no longer asserts control due to death, incarceration, or any other reason, and which is either unsecured or subject to occupation by unauthorized individuals.

"Abate" means to act to stop an activity and/or to repair, replace, remove, or otherwise remedy a condition where such activity or condition constitutes a violation of this Chapter.

"Abatement agreement" means a contract between the County and the person in charge of the chronic nuisance property in which such person agrees to promptly take all lawful and reasonable actions, which shall be set forth in the agreement, to abate the nuisance within a specified time and according to specified conditions.

"Building" includes, but is not limited to, any structure or any separate part or portion thereof, whether permanent or not, or the ground itself.

"Chronic nuisance property" means:

1. A property on which nuisance activity is observed on three or more occasions during any 120-day period or on which nuisance activity is observed on seven or more occasions during any 12-month period; or

2. A property where, pursuant to a valid search warrant, evidence of drug-related activity has been identified two or more times within the previous two years; or

3. Any abandoned property where nuisance activity exists.

"Control" means the ability to regulate, restrain, dominate, counteract or govern property or conduct that occurs on a property.

"County" means Pierce County.

"Drug-related activity" means any unlawful activity at a property which consists of the manufacture, delivery, sale, storage, possession, use, or giving away of any controlled substance as defined in Chapter 69.50 RCW, legend drug as defined in Chapter 69.41 RCW, or imitation controlled substances as defined in Chapter 69.52 RCW. The production, distribution, and possession of marijuana that is legal under state law shall not result in enforcement action under this Chapter.

"General nuisance" means:

1. Any act or omission, including performing an unlawful act, or omitting to perform a duty, or permitting an action or condition to occur or exist as provided in Chapter 7.48 RCW or Chapter 9.66 RCW or which unreasonably:

a. Interferes with, endangers or injures the comfort, solitude, health or safety of others; or

b. Offends common sensibilities and senses by way of extreme noise, light or odor; or

c. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any lake, or navigable river, bay, stream, canal or basin, or any public property, open spaces, parks, or public right-of-way in the County; or

d. Obstructs or renders hazardous for public passage any public way or place; or

e. Pollutes or renders less usable any watercourse or water body; or

f. Renders other persons insecure in life or in the use of property; or

g. Creates, maintains, or permits the existence or continuance of any of the specific nuisances identified in this Chapter.

"Hearing Examiner" means a Pierce County Hearing Examiner or Deputy Hearing Examiner.

"Landlord" means the landowner, 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.

"Landowner" is broadly defined to include a person(s) who legally owns real property and/or the person(s) shown on the last equalized assessment roll as the taxpayer for real property and/or any person in possession or control of property including an occupant, a builder or business operator who is developing, building, or operating a business on the property, or a person who has responsibility for maintaining the property.

"Nuisance activity" means and includes:

1. Any general or specific nuisance.

2. Any civil code violation as defined by state law or local ordinance occurring around or near the property including, but not limited to, the following activities, conditions or behaviors:

a. Litter and rubbish;

b. Fire hazard from vegetation and debris;

c. Fire Code violations: PCC 17C.60.120.

3. Any criminal conduct, including the attempt and/or conspiracy to commit any criminal conduct, as defined by state or local ordinance occurring on, around, near or having a nexus to a property including, but not limited to:

a. Reckless endangerment: RCW 9A.36.050;

b. Prostitution: RCW 9A.88.030; PCC 9.16.040;

c. Patronizing a prostitute: RCW 9A.88.110; PCC 9.16.040;

d. Disorderly house, as defined by: RCW 9A.88.090;

e. Indecent exposure: RCW 9A.88.010; PCC 9.16.080;

f. Lewd conduct: RCW 7.48.050; Chapter 9.16 PCC;

g. Any firearms or dangerous weapons violations listed in: Chapter 9.41 RCW; Chapter 9.32 PCC;

h. Noise: Chapter 70.107 RCW; Chapters 8.72 and 8.76 PCC;

i. Loitering for the purpose of engaging in drug-related activity: Chapter 9.20 PCC;

j. Drug-related activity: Chapter 69.50 RCW; PCC 9.20.050;

k. Gang-related activity: RCW 9.94A.030; RCW 9A.46.120;

l. Warrant arrests, or any instance in which a Department of Corrections (DOC) offender is located at a property while in violation of DOC supervision: Chapter 10.31 RCW; RCW 10.88.370;

m. Possession of stolen property: RCW 9A.56.140 through RCW 9A.56.170;

n. Trafficking in stolen property and/or criminal profiteering: Chapter 9A.82 RCW;

o. Theft, trafficking, or unlawful possession of commercial metal property: Chapter 19.290 RCW; and

p. Identity theft: RCW 9.35.020.

"Person" means a natural person, financial institution, bank, 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 charge" of a property means any person in actual or constructive possession or control of a property including, but not limited to, an owner, occupant, agent or property manager of a property under his control, and any bank or financial institution in actual or constructive possession or which possesses any sort of lien or interest in the property. There may be at any one time multiple persons in charge of a property all of which may be jointly and severally liable under this Chapter.

"Premises and property" may be used by this Chapter interchangeably and means any building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof including property used for residential, commercial, or other purposes, and including abandoned or unused property.

"Public Official" means any person(s) designated by the Pierce County Executive or the Prosecuting Attorney to carry out the purposes of this Chapter, and any law enforcement officer.

"Rental unit" means any structure or that part of a structure including, but not limited to, single-family home, room or apartment, which is rented to another and used as a home, residence or sleeping place by one or more persons.

"Solid waste" has the same meaning as in PCC 8.08.030.

"Specific nuisance" means:

1. The discharge of sewage, human excrement, or other wastes in any location or manner, except through approved means of sewage disposal which are constructed and maintained in accordance with the regulations of the Tacoma-Pierce County Health Department and/or the Pierce County Public Works Department;

2. Any residence, business, or place where people congregate, reside, or work that does not have an adequate and lawful source of potable water as required by State or local regulations;

3. Any residence, business, or place where people congregate, reside, or work that is not serviced by a sewage disposal system constructed and maintained in accordance with the regulations of the Tacoma-Pierce County Health Department and/or the Pierce County Planning and Public Works Department;

4. Any poisonous material or poisonous thing on any property accessible to any animal or person;

5. Unsecured hazards accessible to and posing a danger to minor children, animals, and any person with, or regarded as having, a sensory, physical or mental impairment which substantially limits one or more major life activities, which include, but are not limited to: unused, abandoned, or discarded refrigerators, freezers or large appliances, or any unsecured or abandoned excavation, pit, mine, cistern, storage tank, or shaft;

6. Property where solid waste has accumulated or is handled, stored, treated, processed, or buried except for properly permitted solid waste handling sites or facilities that are operated and maintained in full compliance with the terms of any permit, license, statute, regulation, or ordinance regulating such activity and solid waste securely stored in receptacles or containers designed to prevent threats to human health or safety or to the environment until such solid waste enters a solid waste handling system;

7. Any building or structure where construction was commenced and then ceased and the building or structure was left unfinished, or any building or structure that has been constructed or modified without required permits;

8. Any property or vehicle that has been found contaminated and declared unfit for use by a local health officer pursuant to RCW 64.44.030; and

9. Property maintained in violation of the terms of a written order issued by the Pierce County Planning and Public Works Department, the Tacoma-Pierce County Health Department, or the Pierce County Fire Prevention Bureau.

(Ord. 2019-21 § 1 (part), 2019; Ord. 2017-29 § 1 (part), 2017)