Title 10 Regulation of Activities

Division I: Penal Code

Chapter 10.08A Chronic Nuisance Properties

For purposes of this chapter, the following words or phrases shall have the meaning prescribed below:

1. “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 applicable City department director or designee determines is necessary in the interest of the general health, safety and welfare of the community.
    
2. “Chronic nuisance property” means property on which three or more nuisance activities occur or exist during any sixty-day period.
    
3. “Control” means the ability to regulate, restrain, dominate, counteract or govern property or conduct that occurs on a property.
    
4. “Drug-related activity” means any unlawful activity at a property which consists of the manufacture, delivery, sale, storage, possession 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.
    
5. “Landlord” means the owner, 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.
    

6. “Nuisance activity” means and includes:

   1. a nuisance as defined by state law or local ordinance occurring around or near the property; or

   2. any of the following activities, behaviors or criminal conduct:

      1. Stalking:  SMC 10.11.060.

      2. Harassment:  SMC 10.11.070 through SMC 10.11.072 and SMC 10.11.079.

      3. Failure to disperse:  SMC 10.10.010.

      4. Disorderly conduct:  SMC 10.10.020.

      5. Assault:  SMC 10.11.010, including domestic violence assault, chapter 10.09 SMC.

      6. Reckless endangerment:  SMC 10.11.020.

      7. Prostitution:  SMC 10.06.030.

      8. Patronizing a prostitute:  SMC 10.06.010.

      9. Disorderly house, as defined by:  SMC 10.06.010.

      10. Indecent exposure:  SMC 10.06.025.

      11. Lewd conduct:  SMC 10.06.020.

      12. Any firearms violation listed in:  SMC 10.11.042 through SMC 10.11.050.

      13. Noise:  SMC 10.08.020.

      14. Loitering for the purpose of engaging in drug-related activity:  SMC 10.15.020.

      15. Drug-related activity.

      16. Gang-related activity, as defined in: RCW 59.118.030); and

      17. Any attempt to commit and/or conspiracy to commit any of the above activities, behaviors or conduct.
           
7. “Owner” means any person having any interest in the real estate in question as indicated in the records of the office of the Spokane County auditor, or who establishes under this chapter, their ownership interest therein.
    
8. “Person” means natural person, joint venture, partnership, association, club, company, corporation, business trust, organization or the manager, lessee, agent, officer or employee of any of them.
    
9. “Person associated with a property” means any person who, on the occasion of a nuisance activity, has entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter, patronize or visit, a property or a person present on property, including without limitation, any officer, director, customer, agent, employee or any independent contractor of a property, or a person in charge of or owner of a property.
    
10. “Person in charge” of a property means any person in actual or constructive possession of a property including, but not limited to, an owner, occupant, agent or property manager of a property under his control.
     
11. “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 as residential or commercial property.
     
12. “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.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

Recodification ORD C34041 Section 1