14.41.030 Abatement of behavioral public nuisances.
A. The city may use all processes authorized by law to abate behavioral public nuisances. In order to proceed with the process for seeking fines and additional abatement regulations under LMC 14.41.060, the city shall issue a written notice of violation that describes potential violations on the property to any potential person in charge. Such a letter shall include the following:
1. The street address or legal description sufficient for identification of the real property and the name and address of other persons in charge of receiving the notice.
2. A declaration that the enforcement officer has determined that behavioral nuisance activities have occurred on real property along with a description of those specific activities.
3. A notice that the person in charge may be subject to monetary penalties, under the process set forth in LMC 14.41.060, if not corrected to the satisfaction of the city. A notice to the person in charge that a failure to comply may subject them to monetary penalties under the process of LMC 14.41.060 and collections and also that their property may be subject to a lien on the land that in part may be equal in priority to taxes. See, for example, RCW 4.56.200 and 35A.21.405.
4. A demand that the owner or person in charge responds to the city within fifteen days.
5. A notice that if no response is received, the city may, in its discretion, take action to abate the nuisance pursuant to the process described in LMC 14.41.060.
B. The city may enter into a written correction agreement that can put potential enforcement, including but not limited to fines or tickets that could be imposed pursuant to LMC 14.41.060, in abeyance on condition that the agreement terms are followed by the person in charge. The person in charge may agree to a lien for costs to be recovered by the city, including attorneys’ fees and fines if subsequently imposed under LMC 14.41.060, if the person in charge fails to follow the terms of the agreement. This section is not an exclusive method to seek abatement of violations. The correction agreement, if entered into, shall include the following:
1. The name and address of the person in charge of the property.
2. The street address or a description sufficient for identification of the property, building, structure, or land upon or within which the nuisance is occurring.
3. A description of the chronic behavioral public nuisance activities.
4. The necessary correction action to be taken, and a date or time by which correction must be completed.
5. An agreement by the person in charge that the city may inspect the property as may be necessary to determine compliance with the correction agreement.
6. An agreement by the person in charge that the city may abate the nuisance and recover its costs, expenses, and monetary penalties pursuant to this chapter subject to collections or liens in the city’s discretion from the owner or person in charge if the terms of the correction agreement are not met.
7. An acknowledgment of the existence of the violation and waiver of the right to later dispute that the violation occurred.
C. Each violation of a correction agreement entered pursuant to this chapter is subject to a penalty of $1,000.00 per violation and is enforced by the hearing examiner pursuant to the process of LMC 14.41.060. (Ord. 1640 §1, 2023).