Code Enforcement

Right of Way Violations

Read the Code: SMC's 17C, 17F, 12.01, and 12.02.

What is it?

Right of way violations include blocking a pedestrian path, broken sidewalks, collapsed retaining walls, modifications of grade, basketball hoops, skateboard ramps, piles of materials or buildings in the right of way, vegetation obstruction. The purpose of Chapter 12.02 is to regulate and control the obstruction of the public right-of-way in the City so that those rights-of-way remain accessible and safe for their intended public use.

Section 12.02.948 defines “right-of-way” as that strip of land: a.) dedicated for public travel, including the main traveled portions of the streets and sidewalks as well as parking or planting strips, pedestrian buffer strips, and other associated areas, or over which is built, public streets, sidewalks, or alleys for public travel; or b.) used for or dedicated to utilities installation within the right-of-way.

The “right-of-way” is typically an easement over the land of the abutting property owner.

What it isn't

Right-of-way violations do not include items that are located on private property that are not obstructing public right of way.

Abatement

1. In addition to the procedures for warrants of abatement provided in chapter 7.48 RCW, the Spokane municipal court has jurisdiction, by way of suspended or deferred sentence, to require a person found guilty of a nuisance to abate the same. It may also direct the confiscation and disposition of any animal or other personal property involved.
2. Proceedings to abate a nuisance as described in SMC 12.02.0202 or SMC 12.02.0208 are initiated by resolution of the city council, adopted after not less than five days' notice to the owner of the property.
   1. The resolution describes the property involved and the hazardous condition and requires the owner to abate the nuisance within the time fixed therein after notice of the resolution is given.
3. If the nuisance condition is not abated after notice is given, the City may abate the same and all costs, fees and expenses thereof shall be a charge against the owner and a lien against the property.
4. Notice of the lien herein authorized is, as nearly as practicable, in substantially the same form, filed with the same officer, within the same time and manner, and enforced and foreclosed, as is provided by law for liens for labor and materials.
5. Nothing in this code is a limitation upon the power of the City to declare a nuisance and abate the same without resort to the courts and to impose fines or penalties upon persons who create, maintain or permit nuisances.