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For purposes of this chapter, the following words or phrases shall have the meaning prescribed below:

A. “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 chief of police determines is necessary in the interest of the general health, safety and welfare of the community.

B. “BCC” means Bellevue City Code as in effect at the date of enactment of this chapter or as thereafter amended.

C. “Chief of police” means the chief of police of the city of Bellevue or his or her designees.

D. “City attorney” means the city of Bellevue city attorney or his or her designees.

E. “Chronic nuisance property” means the following:

1. A property on which three or more nuisance activities as described in subsection G of this section exist or have occurred during any 60-day period or seven or more nuisance activities have occurred during any 12-month period; or

2. A property which, upon a request for execution of a search warrant, has been the subject of a determination by a court two or more times within a 12-month period that probable cause exists that illegal possession, manufacture or delivery of a controlled substance or related offenses as defined in Chapter 69.50 RCW has occurred on the property; and

3. The chief of police has declared the property to be a chronic nuisance as provided under BCC 9.10A.040.

F. “Control” means the power or ability to direct or determine conditions, conduct, or events occurring on a property.

G. “Nuisance activity” includes the following:

1. A “most serious offense” as defined in Chapter 9.94A RCW;

2. A “drug related activity” as defined in RCW 59.18.130;

3. Promoting, advancing or profiting from prostitution as defined in Chapter 9A.88 RCW;

4. Any of the following activities, behaviors or criminal conduct:

a. Assault, stalking, harassment, reckless endangerment, failure to disperse, or obstructing a police officer as defined in BCC 10.03.050;

c. Prostitution offenses, as defined in BCC 10.03.050;

d. Provoking assault, disorderly conduct, or illegal gambling as defined in Chapter 10.06 BCC;

e. Weapons violations, as defined in BCC 10.03.040;

f. Liquor related offenses as defined in Chapters 66.28 and 66.44 RCW and in BCC 10.03.110;

g. Public morals offenses as defined in Chapter 10.04 BCC;

h. Any attempt, solicitation, or conspiracy to commit any of the above activities, behaviors or conduct as defined in BCC 10.03.050;

i. Drug traffic loitering, as defined in BCC 10.06.041.

H. “Owner” means any person who, alone or with others, has title or interest in any property.

I. “Person” means an individual, group of individuals, corporation, partnership, association, club, company, business trust, joint venture, organization, or any other legal or commercial entity or the manager, lessee, agent, officer or employee of any of them.

J. “Person in charge” of a property means the owner and, if different than the owner, any or all other persons in actual or constructive possession of a property, including, but not limited to, a lessee, tenant, occupant, agent, or manager of a property under his or her control.

K. “Property” means any land, that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof.

L. “RCW” means the Revised Code of Washington, as in effect at the date of enactment of this chapter or as thereafter amended. (Ord. 6157 § 1, 2014.)