8.09.052 Commencement of Abatement Action – Chronic Nuisance – Enforcement.
A. The matter may be referred to the Prosecuting Attorney for review and a determination of whether to initiate legal action.
B. In any action filed, the County shall have the burden of showing by a preponderance of the evidence that the property is a chronic nuisance property. Sheriff reports, official County reports, and affidavits may be offered as evidence of chronic nuisance. The failure to prosecute an individual, or the fact no one has been convicted of a crime, is not a defense to a chronic nuisance action.
C. If the Superior Court determines the property to be a chronic nuisance under this Chapter, the court may:
1. Impose a warrant of abatement ordering the complainant to take all necessary steps to abate, deter and prevent the resumption of such nuisance which may include, but is not limited to, the immediate:
a. Vacation of the premises;
b. Closure and securing of the premises;
c. Removal of litter, rubbish and junk vehicles from the premises;
d. Safety inspection by Code Enforcement, Building Official, Fire Marshal, or any other government agency;
e. Removal of personal property subject to seizure and forfeiture pursuant to RCW 69.50.505 or RCW 10.105.010;
2. Impose the costs and expenses of abating, or attempting to abate, the nuisance on the property and/or the person in charge;
3. Impose a fine, civil penalty or award damages;
4. Order the property into receivership in accordance with Chapter 7.60 RCW, providing the receiver with plenary power to abate, deter and prevent the resumption of such nuisance, and to recover from the property the reasonable, necessary expenses of abating the nuisance and returning the property to productive use;
5. Order the person in charge to pay relocation assistance to any tenant who must relocate because of the order of abatement, and who the court finds not to have caused or participated in nuisance activities at the property;
6. Impose temporary and permanent injunctive relief; and
7. Any other further relief deemed appropriate by the court.
D. In assessing the penalties and remedies, the court may consider the following factors:
1. The actions taken by the person in charge to mitigate or correct the nuisance activity;
2. The financial condition of the person in charge;
3. Any known mental or physical disabilities of the person in charge;
4. The repeated or continuous nature of the nuisance activity;
5. The statements of the neighbors or those affected by the nuisance activity; and
6. Any other factor deemed relevant by the court.
E. Any fine, civil penalty, cost and/or expense awarded to the County may be filed with the Assessor-Treasurer who shall cause the same to be filed as a lien on the property. Expenses shall be submitted to the court for review and may be collected on execution.
F. The County shall file a formal lis pendens notice when an action for abatement is filed in the Superior Court.
G. The Superior Court shall retain jurisdiction during any period of closure or abatement of the property.
H. The District Court shall have jurisdiction of all civil infractions issued pursuant to this Chapter.
I. The provisions of this Chapter are in addition to and not in lieu of any other penalty, sanction, or right of action provided by law.