Ordinance 1843ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 3.20 OF THE EDMONDS CITY CODE
TO DECLARE THAT AMONG OTHER THINGS, CATERPILLARS,
DEFECTIVE SEWAGE SYSTEMS, ACCUMULATIONS OF GARBAGE
AND DECAYED MATTER AND IMPROPER DISCHARGES OF
SEWAGE, ARE NUISANCES; IMPOSING DUTIES ON THE
CHIEF OF POLICE OR HIS DESIGNEE; AND IMPOSING
PENALTIES FOR VIOLATIONS.
WHEREAS, the City Council finds that accumulations of
garbage and other refuse; overflowing septic tanks and other
sewage problems; and improper discharges of sewage and other
liquids onto surrounding property; present a hazard to the
public health, and
WHEREAS, the City Council finds that caterpillars are a
public nuisance to the residents of Edmonds by destroying the
foliage and thus creating other undesireable and unhealthy
effects, and
WHEREAS, the City Council finds that it is in the best
interests of the public health, welfare and safety that prompt
enforcement and abatement of these and other nuisances be
accomplished, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 3.20.020 of the Edmonds City Code is
hereby amended to read as follows:
"3.20.020. Property Nuisances. No person or legal entity
who owns, rents or otherwise has a possessory interest in
real property shall suffer or permit on his property any
of the following nuisances, which are deemed to be injurious
to the public health:
1. An accumulation of garbage, dead animals, decayed
vegetation, manure or other noxious things or sub-
stances either on the property or in the street,
alley or other public place adjacent to the property,
to an extent injurious to the public health.
2. Defective or overflowing septic or sewage systems.
3. Any trees or shrubbery of any kind to become infested
with caterpillars.
4. Escape of any foul or putrid liquid or substance from
the persons' property onto any adjacent property,
public street or right-of-way.
5:. Any other act, thing or substance that become, from
any cause, so foul, offensive or nauseous .such that
it is injurious to the public health."
Section 2. Section.3..20.040 of the Edmonds City Code is
hereby amended to read as follows:
113.20.040. Notice to Abate Nuisance Required. Whenever
anyone specified in Sections. 3.20.010--3.20..050 are found
to be maintaining any such nuisances or violating the
provisions of Sections.3.20.010--3.20.050 the Health
Officer or the Chief of Police or his designee shall
issue a notice to the offender which shall be in writing,
state the nature of the nuisance to be abated, give a
time limit in which the nuisance must be abated, and
warn that criminal prosecution may result from noncom-
pliance. In no event shall the time limit given to
abate the nuisance be greater than seven (7) days nor
less than forty-eight (48) hours. The Chief of Police
or his designee shall serve a copy of the notice on the
offender personally or by leaving a copy at the place
of his usual abode with a person of suitable age and
discretion residing or as otherwise provided by applic-
able law or court rule for personal service. After service
an affidavit shall be prepared and signed by the person who
served the notice, setting forth:
1. The name of the person who served the notice;
2. The date, time and place of service;
3. The person upon whom the notice was served."
Section 3. Section.3.20.050 of the Edmonds City Code is
hereby amended to read as follows:
"3.20..050. Penalty for Violations. Any person notified
pursuant to Section 3.20.040 of this Code who shall fail
or refuse to abate the nuisance in the time limit stated
shall be guilty of a misdemeanor. Any person convicted
of such a misdemeanor shall be punished by fine not to
exceed $250.00 for the first offense. A second or sub-
sequent conviction for the same offense shall be subject
to a punishment of imposition of a fine not exceeding
$250.00 and/or by imprisonment for any term not exceed-
ing ninety (90) days, or by both such fine and imprisonment."
Section 4. Section 3.20.060 of the Edmonds City Code is
hereby repealed.
ATTEST:
CITY CLERK, 6EVARNEY MORAN
FILED WITH THE CITY CLERK: May 4, 1976
PASSED BY THE CITY COUNCIL: May 18, 1976
PUBLISHED: May 26, 1976