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9.95.020 Definitions.
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For purposes of this chapter, the following words and phrases shall mean:

“Chronic nuisance activity” shall mean any of the following activities, conduct, or behavior, whenever engaged in by owners, managers, operators, tenants, occupants or guests of the premises, or other persons that frequent or are associated with the premises:

(a) Violations of Court orders as provided in PMC 9.10.020 and 9.10.030.

(b) Violations of Chapter 9.15 PMC, including disorderly conduct, failure to disperse, simple assault, malicious harassment, reckless endangerment, and disorderly place.

(c) Violations of Chapter 9.20 PMC, personal harassment.

(d) Violations of Chapter 9.25 PMC, indecent exposure and lewd conduct.

(e) Violations of Chapter 9.30 PMC, prostitution and related activities.

(f) Violations of Chapter 9.50 PMC, firearms and dangerous weapons.

(g) Violations of Chapter 9.55 PMC, gambling.

(h) Violations of Chapter 9.45 PMC, offenses involving drugs, or in violation of Chapters 69.50 and 69.43 RCW.

(i) Violations of RCW 9A.40.100 and 9A.88.060, human trafficking.

(j) Violations of PMC 6.05.330 and 6.05.340, dangerous or potentially dangerous animals.

(k) Violations of Chapter 9.85 PMC, criminal mischief.

(l) Execution of criminal arrest warrants, search warrants or criminal arrests on the property (excluding bench warrants).

(m) Violations of Chapter 9.94A RCW, criminal street gang related offenses.

“Chronic nuisance property” means a premises, structure, or property, including adjacent sidewalks, parking areas and common areas, on which:

(a) A single-family residence where three or more nuisance activities described in the definition for “chronic nuisance activity” above have occurred on different days during any 180-day period; or

(b) A commercial business which:

(i) Sells or serves alcoholic beverages where eight or more nuisance activities described in the definition for “chronic nuisance activity” above have occurred on different days during any 180-day period; or

(ii) All other commercial businesses where four or more nuisance activities described in the definition for “chronic nuisance activity” above have occurred on different days during any 180-day period.

(c) An industrial property where three or more nuisance activities described in the definition for “chronic nuisance activity” have occurred on different days during any 180-day period.

(d) For any type of property where a search warrant or warrant of arrest, or arrest arising out of occupants on the premises or arising out of incidents on the premises has occurred twice at such residence, business or commercial location within any 180-day period; or where a search warrant or warrant of arrest or arrest arising out of occupants on the premises or arising out of incidents on the premises has occurred at any multifamily residential property within any 180-day period according to the following schedule:

(i) 0 – 4 units: 2;

(ii) 5 – 20 units: 3;

(iii) 21 – 40 units: 5;

(iv) 41 – 60 units: 6;

(v) 61 – 120 units: 8;

(vi) 120+ units: 9.

(e) For any multifamily residential property, including but not limited to apartments, boarding houses, rooming houses, or multi-tenant commercial properties, including but not limited to hotels and motels, having 0.5 or more nuisance activities per unit (occupied or not) having occurred on different days within a 180-day period of time.

“Person in charge” means any person or entity in actual or constructive possession of the property, including but not limited to an owner as determined by the records of the Franklin County Auditor, lessee, tenant, occupant, agent, or manager with the express or implied control of the property.

“Responsible official” means the Chief of Police or Director of Community and Economic Development, or any applicable department director as defined by PMC 1.40.030, or their respective designees. [Ord. 4357, 2017; Ord. 4289 § 1, 2016; Code 1970 § 9.63.020.]

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