9.95.030 Definitions.
For purposes of this chapter, the following words and phrases shall mean:
“Abandoned property,” for purposes of defining a chronic nuisance, means real 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 repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the responsible official determines necessary in the interest of the general health, safety and welfare of the community.
“Chronic nuisance property” means a premises, structure, or property, including adjacent sidewalks, parking areas and common areas, on which:
(a) Nuisance activity has occurred on three or more separate occasions during any 60-day period, or on which four or more nuisance activities have occurred on separate occasions during any six-month period, or on which nuisance activity has occurred on seven or more separate occasions during any 12-month period; or
(b) Pursuant to a valid search warrant, evidence of drug-related activity has been identified two or more times on separate occasions within a 12-month period; or
(c) Any property that the City can demonstrate by a preponderance of the evidence is the cause of nuisance activities that are occurring on other properties adjacent to or in proximity to the property itself, where such nuisance activities occurring on such other property meet the definition of nuisance activity as defined herein; or
(d) Any abandoned property where nuisance activity exists.
“Drug-related activity” means any activity at a property which consists of the manufacture, delivery, sale, storage, knowing 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 substance as defined in Chapter 69.52 RCW. Possession of cannabis that is legal under Washington State law shall not result in enforcement action under this chapter.
“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 Chapter 9.60 PMC, theft.
(j) Violations of RCW 9A.40.100 and 9A.88.060, human trafficking.
(k) Violations of PMC 6.05.330 and 6.05.340, dangerous or potentially dangerous animals.
(l) Violations of Chapter 9.85 PMC, criminal mischief.
(m) Execution of criminal arrest warrants, search warrants or criminal arrests on the property .
(n) Violations of Chapter 9.94A RCW, criminal street gang related offenses.
(o) Violations of RCW 59.18.030, gang-related activity.
(p) Possession of stolen vehicle, RCW 9A.56.068.
(q) Any civil code violation as defined by state law or local ordinance occurring on the property, including, but not limited to, the following activities, conditions or behaviors:
(i) Fire hazard due to vegetation and/or debris, PMC 9.90.040.
Fire code violations which endanger the public as identified by the responsible official, Chapter 16.65 PMC.
(ii) An abandoned or vacant building, structure, or part thereof not securely closed to unlawful entry, PMC 9.90.050.
(iii) Failure to meet minimum habitability standards, as set forth in Chapter 3 of the IPMC, in an occupied dwelling unit and other habitable spaces offered for let, lease, or rent.
“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.
“Property,” for the purposes of this chapter, means real property, unless the context indicates otherwise.
“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.
“Violation” means a criminal conviction, civil judgment, issuance of a civil penalty, issuance of a notice of violation, or any act or conduct which the City can establish by a preponderance of the evidence exists or has occurred regardless of whether such act resulted in a criminal charge or civil penalty. [Ord. 4670 § 2, 2023; Ord. 4532 § 2, 2021; Ord. 4357, 2017; Ord. 4289 § 1, 2016; Code 1970 § 9.63.020. Formerly 9.95.020.]