8.09.050 Chronic Nuisance Property – Procedure

8.09.050 Chronic Nuisance Property – Procedure.

1. When documentation confirms a chronic nuisance property as defined by PCC 8.09.030, the public official or their designee shall notify a person in charge of the property in writing that the property is being declared a chronic nuisance property.

2. The notice shall indicate the following:

a. The street address or a legal description sufficient for identification of the property;

b. A concise description of the nuisance activities that have occurred on the property and whether the property is abandoned;

c. A warning that the person in charge of the property may be subject to penalties as set forth in this Chapter;

d. A demand that the person in charge respond to the public official or their designee within ten days of service of the chronic nuisance notice to discuss the nuisance activities and create a plan to abate the nuisance;

e. A statement that the person in charge shall have an opportunity to abate the nuisance; and

f. A warning that, if the person in charge does not respond as required, or if the matter is not voluntarily corrected to the satisfaction of the public official or their designee, the County may file an action to abate the property as a chronic nuisance property pursuant to this Chapter and/or take other action against the property or person in charge.

3. The notice shall be served by first-class restricted delivery return receipt requested mail to the last known address of the landowner of the property, and either:

a. Posted in a prominent location on the premises in a conspicuous manner which is reasonably likely to be discovered; or

b. By personal service upon the landowner.

B. Requirement to Respond. A person in charge who is served notice pursuant to this Section must, within ten days, contact the officer who issued the notice to establish a plan of action to eliminate the conditions, behaviors or activities which constitute a nuisance at the property.

1. The person in charge shall enter into an abatement agreement or otherwise produce a plan approved by the public official or their designee to abate the nuisance within 15 days of the issuance of the chronic nuisance notice.

2. The abatement agreement, or approved plan to abate, shall be signed by the person in charge and shall include the following:

a. The name and address of the persons in charge of the property;

b. The street address or a description sufficient for identification of the property, building, structure, or land upon or within which the nuisance is occurring;

c. A description of the nuisance activities and whether the property is abandoned; and

d. The necessary corrective action to be taken, and a specific date or time by which correction must be completed.

D. Corrective Action. Once the person in charge has entered into an abatement agreement or otherwise produced an approved plan to abate the nuisance, he or she must abide by the approved plan and promptly take corrective action to eliminate the nuisance. Corrective action may include, but is not limited to:

1. Effective tenant screening, leasing and rule enforcement;

2. Implementing physical improvements for crime prevention such as removal of sight obscuring trees, grass, bushes, blackberries and scotch broom where such removal is otherwise permitted by law;

3. Providing security for the property;

4. Evicting persons responsible for the nuisance activity; and

5. Pursuing other remedies available to the owner pursuant to any lease or other agreement.

E. The County may offer services to persons in charge with known mental or physical disabilities in order to facilitate such persons taking all lawful and reasonable corrective action necessary to abate the nuisance.

All corrective action must conform to state and local laws including, but not limited to, development regulations and RCW 59.18.580, the Victim Protection Limitation on Landlord's Rental Decisions.