The purpose of this chapter is to preserve the character and safety of the City's neighborhoods by eliminating as nuisances, junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240.

(Ord. 3681 § 2, 11/3/2021; Ord. 2698 § 1 (part), 7/31/1992)

The following definitions apply to the terms in this chapter:

A.

"Junk vehicle" means any vehicle meeting the definition in RCW 46.55.010(5).

B.

"Enforcement Officer" means the City Manager.

C.

"Landowner" means an owner of private property or a person in possession or control of private property.

(Ord. 3681 § 2, 11/3/2021; Ord. 2834 § 1, 9/16/1994; Ord. 2698 § 2 (part), 7/31/1992)

This chapter does not apply to:

A.

A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

B.

A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130.

(Ord. 3681 § 2, 11/3/2021; Ord. 2698 § 2 (part), 7/31/1992)

A.

The storage or retention of junk vehicles, or parts thereof, on private property is declared to constitute a public nuisance subject to abatement by removal and disposal. Upon inspection and confirmation that a junk vehicle exists, the Enforcement Officer will give notice in writing to the last registered owner of record of the junk vehicle and also to the property owner of record that a hearing may be requested before the hearing examiner, and that if no hearing is requested within ten days, the City may remove the junk vehicle. Costs of removal may be assessed against the last registered owner of the junk vehicle if the identity of such owner can be determined, or the costs may be assessed the landowner of the property on which the junk vehicle is stored.

B.

If a request for a hearing is received, a notice giving the time, location and date of the hearing will be mailed certified with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll of the County Assessor and to the last registered and legal owner of record of the vehicle unless the vehicle is in such condition that the identification numbers are not available to determine ownership.

C.

The owner of the land on which the junk vehicle is located may appear at the hearing or present a written statement prior to the hearing and deny responsibility for the presence of the junk vehicle on the land, with the reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the landowner's consent or subsequent acquiescence, then the City will not assess administration or removal costs against the property upon which the vehicle is located or otherwise move to collect such costs from the landowner.

D.

After notice has been given of the City's intent to dispose of the junk vehicle, and after a hearing, if requested, has been held, the junk vehicle, or part thereof, will be removed, at the request of a police officer, and disposed of by a registered tow truck operator with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked.

E.

The City may, after removal of the junk vehicle from private property, file or record with the County Auditor a claim for lien for the costs of removal and disposal, which shall be in accordance with the provisions covering mechanics' liens in Chapter 60.04 RCW, and said lien may be foreclosed in the same manner as such liens. The City may alternatively choose in its sole discretion to collect any unpaid charges utilizing whatever legal options are available to the City, including but not limited to, turning the matter over to a collection agency, filing a small claims court action, or filing a civil lawsuit in district or superior court.

(Ord. 3681 § 2, 11/3/2021; Ord. 3014 § 2 (part), 3/26/1999; Ord. 2698 § 2 (part), 7/31/1992)

In addition to the costs of abatement and to any penalties assessed for failure to comply with a notice of violation issued pursuant to PAMC 2.90.090, any person violating this chapter is deemed to have committed a civil infraction commencing upon the date that the Enforcement Officer or the Hearing Examiner had specified for completion of abatement, whichever date is later, and will be fined not less than $250.00 per violation.

(Ord. 3681 § 2, 11/3/2021; Ord. 3014 § 2 (part), 3/26/1999; Ord. 2698 § 2 (part), 7/31/1992)

This chapter is supplemental to all other laws adopted by the City. In the event this chapter conflicts with another law or ordinance, the regulations that are more restrictive (or that impose higher standards or requirements) apply.

(Ord. 3681 § 5, 11/3/2021)

The purpose of this chapter is to create and maintain a safe and healthy environment for the residents of the City of Port Angeles by prohibiting those nuisances that contribute to injury, illness, devaluation of property, and the incidence of crime, or that affect the rights of the greater community. This chapter is enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons. No provision or any term used in this chapter is intended to impose any duty upon the City or any of its officers or employees that would subject them to damages in a civil action.

(Ord. 3681 § 5, 11/3/2021)

As used in this chapter, the following terms have the meanings set forth in this section, unless a different meaning is clearly indicated by the context.

Undefined terms, phrases, and words should be interpreted first using the definitions taken from the Building Codes, then, if not defined therein, from Chapter 17.08 PAMC, and then, if not defined therein, using their ordinary accepted meaning to give this chapter its most reasonable application.

"Attractive nuisance" means any object or condition that constitutes a hazard or danger, is accessible to unauthorized persons, and tends to draw attention or entices.

"Building codes" shall mean the current edition of the International Building Code, International Residential Code, National Electrical Code, International Property Maintenance Code, International Fire Code, and/or Urban Services Standards and Guidelines, as adopted by the City.

"Director" includes, but is not limited to, the Chiefs of the Police Department or Fire Department, Directors of the Public Works and Utilities Department, the Department of Community and Economic Development, and their designee(s).

"Driveway" means an improved surface or open area for use by a motor vehicle, for the purpose of accessing a parking area or for the parking of vehicles.

"Front yard" means that area between the front property line and the face of the residential structure farthest from said property line.

"Graffiti" means an unauthorized marking, symbol, inscription, word, figure, design, or other inscribed material that has been placed upon any property through the use of paint, ink, dye, or any other substance capable of marking property.

"Impound" means to take and hold a vehicle in legal custody pursuant to law.

"Improved surface" means any area that has been altered from a natural surface.

"Inoperable vehicle" means a vehicle that cannot be legally operated on roads, highways, rights-of-way, waterways, or public lands due to the condition of the vehicle or the status of the ownership, registration, or license of the vehicle.

"Maintained surface" means a natural planted surface, such as grass or ground cover that is mowed and/or maintained to keep it in good condition and to prevent soil erosion.

"Ongoing criminal activity related to the premises" means that: (1) criminal activity is or has been occurring at the premises; or (2) criminal activity is or has been occurring near the premises and such activity has a reasonable and proximate connection to the premises, whether by owners, occupants, or their visitors. Examples of conduct or actions that constitute criminal activity occurring at or near the premises include, but are not limited to, the following:

1.

Arrest of one or more individuals by law enforcement during any 24-hour period;

2.

Commission of a misdemeanor, gross misdemeanor, or felony at or near the premises and where there is a reasonable and proximate connection between the crime or criminal and the premises; or

3.

Visits by law enforcement based upon a reasonable belief that a crime is occurring or has occurred, but which do not result in any of the actions identified in subsections (1) or (2) of this definition; provided, that visits alone may not form the sole basis for determining a premises to be a chronic nuisance premises.

For purposes of this definition, arrests for or commission of misdemeanor or felony domestic violence shall not be considered criminal activity.

"Recreational vehicles" means any trailer, camper, or motor home, or any boat that is more than 14 feet in length. This term does not include "tiny houses" or "tiny houses on wheels" as defined in the state building code, as adopted by the City.

"Screening" means solid wood fencing, chain link fencing with slats, or solid landscaping capable of concealing parked vehicles from sight at or near the property lines; however, such screen need not exceed six feet in height.

"Stored vehicle" means vehicles kept on a single-family residential lot for over two months without substantial movement of said vehicle.

"Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including, but not be limited to, automobiles, bicycles, motorcycles, trucks, motorized recreational vehicles, campers, travel trailers, boats on or off trailers, utility trailers, or other vehicles defined as such in Title 46 RCW. Campers, if removed from the towing vehicle and stored separately, are counted as a separate vehicle. This term does not include "tiny houses" or "tiny houses on wheels" as defined in the state building code, as adopted by the City.

(Ord. 3681 § 5, 11/3/2021)

Any Police Officer of the City and the City Manager may enforce this chapter and utilize any of the compliance provisions set forth in Chapter 2.90 PAMC.

(Ord. 3681 § 5, 11/3/2021)

It is unlawful for any person, or the person's agents, employees, or invitees, to erect, contrive, cause, continue, maintain, or permit to exist any nuisance within the City including on the property of any person or upon any public rights-of-way.

(Ord. 3681 § 5, 11/3/2021)

The following acts, omissions, places, conditions, and things are declared to be nuisances:

A.

Vegetation.

1.

Overgrown, uncultivated, or untended vegetation of any type that substantially obscures structures on the property or blocks or impedes access to structure on the property.

2.

Grasses and other vegetation over 12 inches in height, excluding cultivated and tended shrubbery, trees, ornamental plants, and flowers within a planting bed or container.

3.

Dead, decaying, or diseased vegetation of any type, except when in an enclosed container or in a managed composting operation.

4.

Noxious weeds as defined in Chapter 16-750 WAC or any toxic vegetation.

5.

Accumulation for more than two weeks of vegetation waste, including, but not limited to, grass clippings, cut brush, cut trees, and/or cut weeds, except when in an enclosed container or in a managed composting operation.

6.

Compost not kept in a manner to prevent it from attracting infestations of rodents or insects, or emitting foul odors.

7.

Any vegetation, or parts thereof, which hang lower than eight feet above any public walkway or sidewalk; or hang lower than 14 feet above any public street; or which are growing in such a manner as to obstruct or impair the free and full use of any public walkway, sidewalk, or street; or violate City clear view triangle regulations in Title 17 PAMC.

B.

Buildings, structures, and improvements.

1.

Any building or structure, or portion thereof, that is decayed, dilapidated, unsafe, damaged, or in disrepair, to the extent that it poses a threat of collapse, structural failure, or falling.

2.

Any building or structure, or portion thereof, constructed with inappropriate materials, or improperly fastened together or anchored, to the extent that it poses a threat of collapse, structural failure, or falling.

3.

Any partially constructed building or structure, or portion thereof that has been left unattended and unfinished for more than 90 continuous days.

4.

Any building or structure, portion thereof, or improvement, that does not comply with the building codes.

5.

Any building, structure, or portion thereof, used for habitation that does not have functioning electricity, water, or sanitation services.

6.

All vacant, unused, or unoccupied buildings and structures, that are allowed to become or to remain open to entrance by unauthorized persons or the general public.

C.

Accumulations of garbage and materials.

1.

Any accumulation, stack, or pile of building or construction materials associated with a current, in-progress project and not in a lawful storage structure or container.

2.

Any accumulation of broken, discarded, inoperable, or neglected items or parts thereof, including, but not limited to, household furniture, furnishings, equipment, appliances, machinery, litter, salvage materials, or junk not in an approved enclosed structure, container, or waste receptacle.

3.

Any garbage, waste, refuse, litter, debris, recyclables, rubble, or other materials, or combination thereof, not in an approved enclosed structure, container, or waste receptacle.

D.

Maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon, any private or public property any of the following:

1.

Any unsound, putrid, or unwholesome bone, meat, hides, skin, or the whole or parts of any dead animal or fish or the offal, garbage, or other offensive parts of any animals.

2.

Any materials, garbage, waste, refuse, litter, or debris in which insects may breed or multiply; which provides harborage for rats or other vermin.

3.

Any open drain, sewer, or septic tank that emits any noxious, foul, offensive, injurious, unpleasant, or disagreeable odor or substance.

4.

Any noxious, foul, or putrid substance.

5.

Harmful insects, such as, tent caterpillars.

E.

Hazardous conditions.

1.

Any refrigerator, freezer, or food-storage locker having a capacity of 1½ cubic feet or more, or any other container manufactured, custom-made or homemade designed for storage that is discarded, abandoned or left in any place accessible to children and that has not had the door, lid, or latching mechanism removed to prevent the latching or locking of the door or lid.

2.

Any enclosure which may entrap a human or an animal, including accessible refrigeration appliances, that have not had the doors secured or removed.

F.

Streets and sidewalks.

1.

Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk.

2.

Any object, construction, damage, condition, or act that interferes with, inhibits, obstructs, or renders dangerous the use of a public walkway, sidewalk, street, or highway and other rights-of-way in the City.

3.

Accumulations of dirt or debris that inhibits or obstructs the use of a public walkway or sidewalk.

4.

All obstructions to streets, rights-of-way, or other public ways that are made without lawful permission, or that, having been made with lawful permission, are kept and maintained after the purpose thereof has been accomplished.

G.

Fire hazards. Any stack or accumulation of flammable material left in a manner that poses a substantial risk of combustion or the spread of fire, as determined by the Fire Marshal.

H.

Any dangerous wastes, hazardous household substances, hazardous waste, moderate-risk wastes, or any hazardous materials, as defined in RCWs 70.136.020 and 70A.300.010, that are not securely contained within an appropriate storage container.

I.

Smoke, soot, dust, or odors.

1.

Allowing the escape or emission of any smoke, soot, fumes, gases, or odors that are offensive or harmful to a reasonable person.

2.

Burning or disposal of refuse, sawdust, or other materials in such a manner as to cause or permit ashes, sawdust, soot, or cinders to be cast upon the streets or alleys of the City, or to cause or permit the smoke, ashes, soot, or gases arising from such burning to become annoying or to injure or endanger the health, breathing, or comfort of persons.

3.

Any disturbance of any land area, or permitting the same, without taking affirmative measures to suppress and minimize the blowing and scattering of dust that unreasonably interferes with the breathing or comfort of a reasonable person.

J.

Bodies of water.

1.

All stagnant, pooled water, excluding any City-approved structures related to storm drainage systems.

2.

The polluting of or unapproved discharge into any waterway, well, or body of water.

3.

Interference with, damage to, or polluting of designated habitat areas, restoration sites, streams, creeks, lakes, wetlands, or tributaries and similar areas thereto.

K.

Graffiti. Any graffiti on public or private property.

L.

Development code violations. Any violation of PAMC Titles 14, 15, 16, 17, or 18.

M.

Allowing, creating or maintaining the existence of an attractive nuisance.

N.

Illicit discharges into the municipal storm drainage system as defined in Chapter 13.63 PAMC.

O.

Any excavated or naturally occurring hole, vault, sump, pit, well, or any other similar condition, that is not fenced or otherwise secured to prevent access.

P.

Noise.

1.

Any noise or sound, regardless of origin, that intrudes into the property of another person within a residential zone and that exceeds the maximum permissible noise levels pursuant to Chapter 173-60 WAC, as currently adopted and hereafter amended.

2.

The following are exempt from this chapter:

a.

Sounds created during the normal use of public rights-of-way;

b.

Sounds created by motor vehicles when regulated by Chapter 173-62 WAC;

c.

Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations;

d.

Sounds created by surface carriers engaged in commerce;

e.

Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, or carillons;

f.

Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible;

g.

Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community;

h.

Sounds originating from officially sanctioned parades and other public events;

i.

Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal government, state or municipality;

j.

Sounds created in conjunction with the collection of solid waste;

k.

Sounds created in conjunction with military operations or training; and

l.

Sounds originating from organized activities occurring in public parks, playgrounds, gymnasiums, swimming pools, schools, and other public facilities and public recreational facilities during hours of operation.

3.

The following are exempt from this chapter between 7:00 a.m. and 8:00 p.m.:

a.

Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes, grounds, and appurtenances;

b.

Sounds created by the discharge of firearms on authorized shooting ranges;

c.

Sounds created by blasting;

d.

Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance is conducted at remote sites whenever possible; and

e.

Sounds created by the installation or repair of essential utility services.

4.

The following are exempt from this chapter between 7:00 a.m. and 8:00 p.m., or at any hour when conducted beyond 1,000 feet of any residence:

a.

Sounds originating from temporary construction sites as a result of construction activity;

b.

Sounds originating from the quarrying, blasting and mining of minerals or materials, including, but not limited to, sand, gravel, rock and clay, as well as the primary reduction and processing of minerals or materials for concrete batching, asphalt mixing and rock crushers; and

c.

Sounds originating from uses on properties that have been granted permits to operate within certain noise standards.

Q.

Motor vehicles.

1.

Use of any motor vehicle, RV, utility trailer, or travel trailer for living or habitation purposes, except in an area designated for such purposes and with proper permits, if required.

2.

Use of any motor vehicle, RV, utility trailer, or travel trailer for storage of property or trash.

R.

Any other violation of the PAMC or state law deemed a "nuisance" or "public nuisance."

(Ord. 3681 § 5, 11/3/2021)

A.

It is unlawful for any person to erect, contrive, cause, continue, maintain, or permit to exist any chronic nuisance within the City. A chronic nuisance exists when any of the following conditions occur

1.

During any continuous 12-month period:

a.

A final determination has been made by the City that two or more conditions on the property constitute a nuisance pursuant to this chapter; and

b.

The property has four or more occurrences of ongoing criminal; or

2.

During any 12-month period, the property in question has five or more occurrences of ongoing criminal activity.

B.

Defenses. It shall be a defense against a declaration of chronic nuisance if the person alleged to be responsible for the nuisance:

1.

Affirmatively engages in reasonable and ongoing efforts to remedy the nuisance and/or ongoing criminal activity; and

2.

Is not the perpetrator nor allows the perpetration of the nuisance or ongoing criminal activities.

(Ord. 3681 § 5, 11/3/2021)

The parking or storage of vehicles on single-family residential lots in violation of the following standards is considered a nuisance.

A.

Side yard and rear yard. Parking of vehicles in the combined side and rear yard areas is allowed only if the following conditions are met:

1.

The lot must have legal access from the adjacent street or alley;

2.

There must be a minimum of three feet of unobstructed space between a vehicle parked in a side yard and any structure, and a minimum of five feet space from the side property lines.

3.

Parking must be on an improved or maintained surface and is limited to a total area of no more than 40 percent of the combined side and rear yard areas.

B.

Front yard. Where alley access is available, parking in the front yard is prohibited. Parking of vehicles on residential lots in the front yard shall be permitted only to those lots which have legal access from the adjacent street. Parking must be on a properly prepared all-weather surface, including, but not limited to, concrete, asphalt, gravel, approved permeable paving materials, or other material approved by the Building Official, and is limited to no more than 40 percent of the front yard area.

C.

Number of vehicles parked in the open. The total number of vehicles parked or stored outside an approved structure in the front, side, and rear yard areas combined is limited to no more than four, subject to the limitations above.

D.

Exceptions. The Building Official may, under the following circumstances, grant an exception to the parking limitations in this section:

1.

Additional vehicles may be allowed in a particular yard if vehicle access to other yards is unavailable, so long as the total number of vehicles parked on the lot does not exceed four.

2.

If the number of individuals with valid driver's licenses within the household exceeds four.

Applications for an exception must be made in writing to the Building Official. Exceptions are subject to review upon receipt of additional complaints. The Building Official's decision on an exception is final and not subject to appeal.

E.

Storage standards. Inoperable stored vehicles on residential lots shall be limited to the rear yard area. Screening shall be provided between the inoperable vehicles and adjacent properties or rights-of-way. All stored vehicles must be maintained in a clear and safe manner.

F.

Parking within an enclosed structure. All vehicles which are fully enclosed within a legally constructed garage or other structure are not considered as part of the allotted number of vehicles.

G.

Recreational vehicles. No more than two recreational vehicles may be parked anywhere on a property. Storing boats, campers or other recreational or accessory vehicles in an unstable manner is prohibited.

H.

Repairing of vehicles on a property is prohibited unless:

1.

The maintenance or repair does not to exceed 30 calendar days per vehicle;

2.

The vehicle being repaired is registered to a resident of the property;

3.

The repair is not in association with any business of buying, selling, repairing or restoring of vehicles or parts, unless the property is authorized and licensed by the City for such business;

4.

The repair is conducted in a manner that does not violate noise regulations; and

5.

The repair is conducted in a manner so as not to allow any vehicle fluids to saturate the ground or enter any drainage system or body of water.

I.

Leaving vehicles unattended on blocks, jacks, ramps or otherwise elevated above the ground in an unstable manner is prohibited.

J.

All vehicle parts and accessories, including but not limited to, containers of oils and fluids must be appropriately stored in an approved structure.

(Ord. 3681 § 5, 11/3/2021)

This chapter is enforced in accordance with Chapter 2.90 PAMC.

(Ord. 3681 § 5, 11/3/2021)