Spokane Municipal Code

Term

Definition

Abate

Abate means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the City determines is necessary in the interest of the general health, safety, and welfare of the community.

Abatement Order

An appealable order, supported by specific factual findings, issued by the Code Enforcement and Parking Services Department, which directs the owner of a property to take certain specific steps, within a specific period of time, to ensure that the relevant property is in compliance with this chapter.

City

City of Spokane

Code Compliance Officer

A regular or special commissioned officer

Evidence of Foreclosure Status

Any condition that, on its own or combined with other conditions present, would lead a reasonable person to believe that the property is a Foreclosure Property. Such conditions include, but are not limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or debris; statements by neighbors, passersby, delivery agents, or government employees that the property is in foreclosure; the presence of boards over doors, windows or other openings in violation of applicable building code; and for residential properties, the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential habitation.

Foreclosure

The legal processes described in Title 61, Revised Code of Washington, in which a mortgagee or other lien holder terminates a property owner’s equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. For purposes of this section, the foreclosure process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title or other means, is sold to a non-related, bona fide purchaser in an arms’-length transaction to satisfy the debt or lien.

Foreclosure Property

A property that is (1) under a current notice of default and/or notice of trustee’s sale; (2) the subject of a pending tax assessor’s lien sale; (3) the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; (4) a property title to which has been transferred under a deed in lieu of foreclosure/sale, or (5) subject to a contract forfeiture.

Property acquired by Spokane County at a tax foreclosure sale under chapter 84.64 RCW is not "Foreclosure Property" within the meaning of this section.

For purposes of this section, a property remains a Foreclosure Property until it is sold at an arms’-length transaction to a non-related bona fide purchaser or until the foreclosure action has been dismissed and any default has been cured.

Graffiti

Graffiti means the unauthorized writing, painting, drawing, inscription, figure, or mark of any type that has been placed upon property through the use of paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking property.

Impound

To take and hold a vehicle in legal custody.

Inoperable Vehicle

A vehicle incapable of operating legally on a public highway, including but not limited to not having a current or valid registration plate.

Junk Vehicle

A vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements:

• is three years old or older;
• is extensively damaged, such damage including but not limited to any of the following:

1. a broken window or windshield
2. missing wheels, tires, motor or transmission;

• is apparently inoperable; or
• has an approximate fair market value equal only to the approximate value of the scrap in it.

Lender

Any person who makes, extends, holds, or services a real estate loan agreement and includes, but is not limited to, mortgagees; beneficiaries under deeds of trust; underwriters under deeds of trust; vendors under conditional land sales contracts; trustees and a successor in interest to any mortgagee, beneficiary, vendor or trustee and any other lien holder on the property. The term also includes any mortgagee, beneficiary, or trustee that accepts a deed in lieu of foreclosure

Litter

All waste material, including but not limited to disposable packages or containers, thrown, deposited, or accumulated on private property.

Local Agent

An individual property manager, property management company, or similar person or entity, located in Spokane County and responsible for, having the authority to make decisions and required expenditures concerning, the maintenance and security of a Foreclosure Property and the abatement of nuisance conditions at the property.

Nuisance or Public Nuisance

Shares the same definition as Nuisance and Public Nuisance in RCW 7.48.120 and 7.48.130

Property Owner

Any individual or group of natural persons, partnership, association, corporation, or other entity having legal or beneficial title in real property, including any borrower. This term includes the term “landowner” as defined in RCW 46.55.230

Responsible Party

Any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property, including but not limited to an owner, borrower, local agent, lender, or lessee of leased property, if the lessee is responsible for property maintenance.

Vacant Buildings or Property

Any building or structure and surrounding grounds that are not occupied and have not been occupied during the preceding one hundred eighty (180) days.

Vehicle

Shares the same definition as the definition of “vehicle” in RCW 46.04.670