9.10A.040 Declaration of chronic nuisance property and procedure.
A. The chief of police may declare that a property is a chronic nuisance property, as defined in this chapter, when there are specific facts and circumstances documenting (1) the occurrence of three or more nuisance activities on a property within 60 days or seven or more nuisance activities within a 12-month period, or (2) activity on a property as described in BCC 9.10A.020(E)(2).
1. Where a residential property is comprised of multiple dwelling units, the chief may confine the declaration of a chronic nuisance property to the dwelling unit(s) associated with the nuisance activity unless a broader declaration is needed to achieve the intent of the chronic nuisance ordinance; provided, however, the owner or person in charge shall still have the same responsibilities and/or obligations under this chapter to address the chronic nuisance property and be subject to the same remedies.
B. The chief of police shall provide written notice of this declaration to the person in charge of the property. The notice shall be sent by first class mail or personally served, and a copy shall be sent by certified mail. If the person in charge cannot after due diligence be personally served within King County and if an address for mailed service cannot after due diligence be ascertained, the notice of declaration shall be served by posting a copy of said notice conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service declaring the time and date of service, the manner by which the service was made and, if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail.
C. The notice shall include:
1. The street address or a legal description sufficient for identification of the property and the name and address of other persons in charge receiving the notice of declaration;
2. A declaration that the chief of police has determined the property has become a chronic nuisance property with a concise description of the nuisance activities that exist or that have occurred;
3. A notice that the person in charge of the property is subject to monetary penalties as set forth in BCC 9.10A.060;
4. A demand the person in charge responds to the chief of police within 15 days of service of the notice to discuss a course of action to correct the nuisance. Service of the notice shall be considered the date the person in charge is personally served or the date on which the notice is mailed certified mail;
5. A notice that, if the person in charge does not respond to the chief of police as required in this section, or if the matter is not voluntarily corrected to the satisfaction of the chief of police, the city may initiate an action to abate the property as a chronic nuisance property pursuant to BCC 9.10A.070 and/or take other action against the property or person in charge as provided in this chapter or as otherwise permitted by law.
D. If the person in charge responds as required by the notice issued pursuant to this section and agrees to a course of action to abate the nuisance activities, a written correction agreement conforming to the requirements of BCC 9.10A.050 shall be executed.
E. If the person in charge believes the chief’s declaration of a chronic nuisance property is not consistent with this chapter or existing law, the person wishes to propose an alternative course of action and/or other persons in charge should be included in the required corrective action, the person in charge may challenge said declaration by responding to the chief of police in writing within 15 days of the date of the notice of declaration stating all reasons for disputing the declaration of chronic nuisance property. The chief of police shall consider the information and respond to the person in charge within 15 days whether the information has caused the chief to withdraw or modify the declaration of chronic nuisance property.
F. If (1) the agreed course of action does not result in the abatement of nuisance activities to the satisfaction of the chief of police within 30 days of issuance of the notice pursuant to this section, or within such longer period as permitted by the chief of police in writing, or (2) the person in charge fails to respond as required by the notice, the chief of police may, after conferring with the city attorney, refer the matter to the city attorney for initiation of court proceedings or issue a notice of failure to comply pursuant to BCC 9.10A.070.
G. Each person in charge shall be jointly and severally liable with all other persons in charge for any penalty, order or other remedy assessed and/or entered against any person in charge of the chronic nuisance property. The chief of police’s failure to send a notice of declaration to all persons in charge shall not be a defense to liability under this chapter for any person in charge who is provided with a notice of declaration as provided by this chapter. (Ord. 6170 § 1, 2014; Ord. 6157 § 1, 2014.)