Spokane Municipal Code

Title 10 Regulation of Activities

Division V. Code Enforcement and Animal Regulations

Chapter 10.68 Chronic Nuisance Properties

Section 10.68.040 Chronic Nuisance Property – Procedure

1. Chronic Nuisance Notice

1. 1. When documentation confirms a chronic nuisance property, as defined by subsection II of this section, the chief of police, or his designee shall notify the person in charge of the property in writing that the property is in danger of being declared a chronic nuisance property.

1. 2. The notice shall indicate the following:

1. 1. 1. the street address or a legal description sufficient for identification of the property;

1. 1. 2. a concise description of the nuisance activities that have occurred on the property and whether the property is abandoned;

1. 1. 3. a warning that the person in charge of the property may be subject to penalties as set forth in this chapter.

1. 1. 4. a demand that the person in charge respond to the chief of police or his designee within ten days of service of the chronic nuisance notice to discuss the nuisance activities and create a plan to abate the nuisance;

1. 1. 5. a statement that the person in charge shall have an opportunity to abate the nuisance giving rise to the nuisance; and

1. 1. 6. a warning that, if the person in charge does not respond, as required, or if the matter is not voluntarily corrected to the satisfaction of the chief of police, or his designee, the City may file an action to abate the property as a chronic nuisance property pursuant to this chapter and/or take other action against the property or person in charge.

1. 3. Such notice shall be either:

1. 1. 1. personally served, or

1. 1. 2. delivered by first class mail to the person in charge of the property with a copy mailed to the owner at the address indicated by the Spokane County auditor, if different than the person in charge of the property.

2. Requirement to Respond

A person in charge who receives notice pursuant to this section must, within ten days, contact the officer who issued the notice to establish a plan of action to eliminate the conditions, behaviors or activities which constitute a nuisance at the property.

3. Abatement Agreement/Approved Plan to Abate

1. 1. The person in charge shall enter into an abatement agreement or otherwise produce a plan approved by the chief of police or his designee to abate the nuisance within fifteen days of the issuance of the chronic nuisance notice.

1. 2. The abatement agreement, or approved plan to abate, shall be signed by the person in charge and shall include the following:

1. 1. 1. The name and address of the persons in charge of the property;

1. 1. 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;

1. 1. 3. A description of the nuisance activities and whether the property is abandoned;

1. 1. 4. The necessary corrective action to be taken, and a specific date or time by which correction must be completed. 

4. Corrective Action

Once the person in charge has entered into an abatement agreement or otherwise produced an approved plan to abate the nuisance, he or she must abide by the approved plan and promptly take corrective action to eliminate the nuisance. Corrective action may include, but is not limited to:

1. 1. Effective tenant screening, leasing and rule enforcement;

1. 2. Implementing physical improvements for crime prevention;

1. 3. Providing security for the property;

1. 4. Evicting persons responsible for the nuisance activity; and

1. 5. Pursuing other remedies available to the owner pursuant to any lease or other agreement.

5. The City of Spokane shall offer services to persons in charge with known mental or physical disabilities in order to facilitate such persons taking all lawful and reasonable corrective action necessary to abate the nuisance.

All corrective action must conform to state and local laws, including but not limited to RCW 59.18.580, the Victim Protection Limitation on Landlord’s Rental Decisions.

Date Passed: Monday, October 3, 2022

Effective Date: Monday, October 3, 2022

ORD C36289 Section 5