5.45.080 Abatement.
Procedure for enforcement. Clean-up and removal of litter. Failure – costs, lien.
(1) Abatement. Persons allowing litter to exist in violation of the provisions of Section 5.45.040 are hereby considered to be accumulating solid waste and/or recyclable material contrary to the intent of this Chapter which is herein declared to be creating a public nuisance which may be abated as set forth in this Section 5.45.080.
(2) Procedure for enforcement. Upon determination by the enforcement officer that a violation of Section 5.45.040 has occurred, the procedure shall be enforced as follows:
(a) Warning. An enforcement officer may issue a written warning notifying the responsible person or the occupant at the premises where the violation has occurred, that probable cause exists that a violation has occurred and warn that if the litter is not cleaned up and removed from the property within eight calendar days after receipt of the warning, a notice of violation will be issued, and the enforcement officer will cause the litter to be cleaned up and removed from the property and the charges and administrative costs thereof as established by resolution of the City Council will be billed to the owner by the city and if not paid within sixty calendar days following the date of the clean up and removal of the litter shall become a lien against the property as provided for in RCW 35.21.130 through RCW 35.21.150.
(b) Notice of Violation. If a violation of this chapter occurs, and the enforcement officer has probable cause to believe a violation has occurred, the enforcement officer may, without the need for a warning, issue a notice of violation to the person responsible or the occupant where the violation has occurred for the violation and cause the litter to be cleaned up and removed from the property and the charges and administrative costs thereof as established by resolution of the City Council will be billed to the owner by the city and if not paid within sixty calendar days following the date of the clean up and removal of the litter shall become a lien against the property as provided for in RCW 35.21.130 through RCW 35.21.150.
(i) A person receiving a notice of violation shall have ten (10) calendar days to appeal the notice of violation to the city's hearing officer by filing the appeal with the Director of Public Services.
(ii) The hearing shall be informal. At the conclusion of the hearing, the Director, or designee, shall provide a written decision and the reasons therefore. The decision of the Director, or designee may cancel the violation, mitigate the violation, or issue a Notice of Infraction.
(c) If
(i) the litter has not been cleaned up and removed from the property as directed in the notice of violation as required by the provisions of subsection (2) of this section, and
(ii) a request for a hearing has not been filed pursuant to the provisions of subsection (2) of this section,
the enforcement officer shall issue a Notice of Infraction and proceed with reasonable diligence to have the litter cleaned up and removed and the lien provided for in RCW 35.21.130 through RCW 35.21.150 effected if the charges and costs thereof incurred by the city are not paid within sixty calendar days following the date of the clean up and removal.
(3) An owner or person in charge of the property served with the notice provided for in subsection (2) of this section and for whom clean up and removal action has been taken who wishes to dispute the cost of the clean up and removal shall file with the director of public services within sixty calendar days of the date of the clean up and removal a written request for a hearing. Provided, however, that the filing of a written request for a hearing shall not stay the process of perfecting the lien provided for in RCW 35.21.130 through RCW 35.21.150. (Ord. 98-6 §1, 1998; Ord. 90-14 §8, 1990).