Spokane Municipal Code

Title 10 Regulation of Activities

Division V. Code Enforcement and Animal Regulations

Chapter 10.68 Chronic Nuisance Properties

Section 10.68.060 Commencement of Abatement Action – Enforcement

1. The matter may be referred to the city attorney for review and a determination of whether to initiate legal action.

2. In any action filed, the City shall have the burden of showing by a preponderance of the evidence that the property is a chronic nuisance property. Police reports, official city reports, and affidavits may be offered as evidence of chronic nuisance. The failure to prosecute an individual, or the fact no one has been convicted of a crime, is not a defense to a chronic nuisance action.

3. If the superior court determines the property to be a chronic nuisance under this chapter the court may:

1. 1. impose a warrant of abatement ordering the complainant to take all necessary steps to abate, deter and prevent the resumption of such nuisance; which may include but is not limited to, the immediate:

1. 1. 1. vacation of the premises;

1. 1. 2. closure and securing of the premises;

1. 1. 3. removal of litter, rubbish and junk vehicles from the premises;

1. 1. 4. safety inspection by Code Enforcement, Building Official, Fire Marshal, or any other government agency;

1. 1. 5. removal of personal property subject to seizure and forfeiture pursuant to RCW 69.50.505. or RCW 10.105.010.

1. 2. impose the expenses of abating, or attempting to abate, the nuisance on the property and/or the person in charge;

1. 3. impose a fine, civil penalty or award damages;

1. 4. order the property into receivership in accordance with RCW 7.60 and thereby recover from the property the reasonable, necessary expenses of abating the nuisance and returning the property to productive use;

1. 5. order the person in charge to pay relocation assistance to any tenant who must relocate because of the order of abatement, and who the court finds not to have caused or participated in nuisance activities at the property; and

1. 6. any other further relief deemed appropriate by the court.

4. In assessing the penalties and remedies, the court may consider the following factors:

1. 1. The actions taken by the person in charge to mitigate or correct the nuisance activity.

1. 2. The financial condition of the person in charge.

1. 3. Any known mental or physical disabilities of the person in charge.

1. 4. The repeated or continuous nature of the nuisance activity.

1. 5. The statements of the neighbors or those affected by the nuisance activity; and

1. 6. Any other factor deemed relevant by the court.

5. Any fine, civil penalty and/or expense awarded to the City may be filed with the city treasurer who shall cause the same to be filed as a lien on the property with the county treasurer. Expenses shall be submitted to the court for review and may be collected on execution.

6. The City shall file a formal lis pendens notice when an action for abatement is filed in the superior court.

7. The superior court shall retain jurisdiction during any period of closure or abatement of the property.

8. Spokane municipal court is to have jurisdiction of all civil infractions issued pursuant to this chapter.

Date Passed: Monday, October 3, 2022

Effective Date: Monday, October 3, 2022

ORD C36289 Section 5