10.08.200 Public nuisance defined | Lynnwood Municipal Code

10.08.200 Public nuisance defined.

A. Every act unlawfully done and every omission to perform a duty, which act or omission does any of the following, shall constitute a public nuisance:

1. Injures, endangers or unreasonably annoys the safety, health, comfort, or repose of the citizens of the city; or

2. Offends public decency; or

3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a public park, street, alley, highway, stream, canal, or basin; or

4. In any way renders any citizens of the city insecure in life or use of property.

B. The following acts, omissions or conditions, in addition to any others in violation of subsection (A) of this section, shall constitute a public nuisance:

1. Throwing, depositions, exposing, or causing to be disposed of, in any street or other public place within the city, any garbage, waste, refuse, litter, debris, or other offensive material, unless the disposal of such items in such place is specifically authorized by law;

2. Causing or allowing garbage, waste, refuse, litter, debris, or other offensive materials to be collected or deposited, or to remain in any place in the city, to the annoyance of any person, unless otherwise permitted by law;

3. Erecting, continuing, or using any building, room, property, or other place in the city for the exercise of any trade, employment, or manufacture which results in offensive odors or other annoyances being released, and which annoys, injures, or is offensive or detrimental to the health of the individuals there employed or residing, or the public;

4. Burning of refuse or other material in such a manner as to cause or permit the smoke, ashes, or gases arising from such burning to become discomforting or annoying, or to injure or endanger the health of any person or neighborhood;

5. All houses, rooms, booths, or other structures used as a place of resort where disorderly persons are allowed to congregate, or in which drunkenness is carried on or permitted;

6. Any pit, basin, hole, or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law;

7. All obstructions to streets, rights-of-way, or other public ways in the city, and all excavations in or under the same, which are by ordinance prohibited, or which may be made without lawful permission, or which, having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time;

8. Erecting, maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the city, any one or more of, but not limited to, the following conditions or things:

a. Any unsound, putrid, or unwholesome bone, meat, hides, skin, or the whole or parts of any dead animal or fish, or any unsound, putrid, or unwholesome substance; or the offal, garbage, or other offensive parts of any animals; or any noxious, offensive, dangerous or otherwise injurious chemicals or other materials such as oil, grease, poisons, explosives, radioactive materials, and other similar substances in such a manner as to be offensive or injurious to public health, or unpleasant or disagreeable to the adjacent residences or persons;

b. Any cellar, vault, drain, sewer, or septic tank to become, from any cause, noxious, foul, offensive, or injurious to public health, or unpleasant or disagreeable to the adjacent residences or persons;

c. Any noxious, foul, or putrid liquid or substances, or any liquid or substance likely to become noxious, foul, offensive, or putrid, to be discharged, placed or thrown upon or to flow from or out of any premises into, or upon, any adjacent premises, or any public street or alley, or to stand, remain, or be upon any premises;

9. All vacant, unused, or unoccupied buildings and structures within the city, which are allowed to become or remain open to entrance by unauthorized persons or the general public, because of broken, missing, or open doors, windows, or other openings, so that the same may be used by vagrants or other persons in a manner detrimental to the health and welfare of the inhabitants of the city;

10. Any refrigerator, icebox or deep-freeze locker having a capacity of one and one-half cubic feet or more or any other container manufactured, custom-made or homemade designed for storage which is discarded, abandoned or left in any place accessible to children and which has not had the door or latching mechanism removed to prevent the latching or locking of the door;

11. The depositing or allowing of irrigation or other water to run by any street, alley, or other public place, or to cause annoyance, damage, or hazard to any user of the street, alley, or other public place;

12. Vegetation left uncut and/or in an unkempt condition to the extent it creates safety or fire hazards, and/or pest harborages, or otherwise interferes with, annoys, injures or endangers the comfort, repose, health or safety of others, or obstructs or tends to obstruct, or renders dangerous for passage, any sidewalk, street or highway; or in any way renders other persons insecure in life, or in the use and enjoyment of property, shall constitute a public nuisance. The following conditions shall also constitute a public nuisance and are prohibited:

a. Trees, plants, bushes, shrubs, vines, other vegetation or parts thereof which overhang any sidewalk, street, alley or other public way which are growing in such a manner as to cause a sight distance hazard or to obstruct or impair the full use of the sidewalk, street, alley or other public way are declared to be a public nuisance;

b. Trees, plants, bushes, shrubs, grasses, vines, other vegetation or parts thereof that are growing and/or grown and died and are now causing a fire hazard or menace to public health and safety, or are degrading or causing a decline of the character of the neighborhood are also declared to be a public nuisance;

c. Grasses (lawn) within the yards of residential properties which are not maintained at a height of eight inches or less are also declared to be a public nuisance. The intent of this provision is to provide guidance and support for enforcement activities in cases where the city has determined there to be an egregious lack of yard maintenance;

13. The keeping, using, maintaining of any pen, stable, lot, place of premises in which any hog, cattle, or fowl may be confined or kept, in such manner as to be nauseous, foul, or offensive;

14. The keeping or harboring of any animal which by frequent or habitual howling, yelping, barking, or the making of other noises, or the keeping or harboring of any fowl which by frequent or habitual crowing or the making of other noises shall annoy or disturb a neighborhood or any considerable number of persons;

15. To own or occupy any premises upon which there shall be any trees or shrubbery which have become infested by caterpillars. It shall be the duty of every person owning or occupying any premises in the city of Lynnwood on which there shall be growing any fruit, shade or forest trees, or shrubbery of any kind, to keep the same free from caterpillars, and in the event that it is found that any fruit, shade or forest trees, or shrubbery have become infested with caterpillars, it is unlawful for the owner or occupant of any such premises on which there shall be growing any such trees or shrubbery to fail or neglect to promptly take and use such methods as may be necessary to effectually destroy such caterpillars, or to in lieu thereof destroy such trees or shrubbery;

16. On property residentially zoned, or property occupied by a single-family residence or duplex, the parking, storing or allowing to be parked or stored or kept:

a. Any commercial vehicles, as that term is defined in this section; or

b. More than four motor vehicles, but not including any recreational vehicles, trailers, unmounted camper or canopy shells, motor homes, or boats over 14 feet in length; provided, it is an affirmative defense to this section for the total to exceed four motor vehicles by the number of licensed drivers who reside at the residence and whose driver’s licenses are the same as the residence; or

c. A total of not more than three combined number of recreational vehicles, motor homes, trailers, unmounted camper or canopy shells, boats over 14 feet in length; and further provided, that subsections (B)(16)(a) through (c) of this section are subject to the following:

i. One commercial vehicle up to 16,500 pounds gross vehicle weight may be parked on property residentially zoned or property occupied by a single-family residence or duplex; and

ii. Any number of the total allowed may be parked, stored, or located upon a designated driveway as defined in this subsection; and

iii. A total of not more than two of the total allowed may be parked, stored, or located anywhere else on the property within the side or rear yards, subject to requirements of the zoning, building, and fire codes; and

iv. A total of not more than two of the total allowed, and only if they are motor vehicles (not including recreational vehicles, motor homes, trailers, unmounted camper or canopy shells, boats over 14 feet in length), may be parked on private property adjacent to and within 20 feet of the right-of-way so long as:

(A) The area is surfaced by asphalt, concrete, gravel or similar material; and

(B) The parking area is immediately accessible to the traveled portion of the roadway without intervening sidewalk; and

v. Any vehicle, recreational vehicle, trailer, boat, camper, or motor home must be currently licensed and in operable condition;

d. This subsection does not apply to the following:

i. Any vehicle, including recreational vehicles, motor vehicles, trailers, camper shells, or boats, when they are kept or located in or under any lawfully permitted and constructed building;

ii. Temporary parking for a duration not to exceed 12 hours, for example, for temporary repairs, cleaning, or guests, excluding temporary parking of commercial vehicles except as otherwise provided in this section;

iii. Any property or situation where a development regulation applies. For example, the limitation on number of vehicles would not apply at an apartment constructed pursuant to an approved building plan and permit with approved parking plans. For further example, parking would not be allowed in an approved landscaped area;

iv. To allow parking in or on the right-of-way, city-owned property, or fire lanes;

v. To allow the parking of any junk vehicles;

vi. Parking of motorcycles is exempt from this section;

e. “Designated driveway” means the clearly defined roadway leading from the street which is surfaced by asphalt, concrete, gravel or similar material not to exceed 24 feet in width, or otherwise as shown on city-approved building or site plans approved by the public works department. Where there is curb and gutter at the street, the driveway must have an approved curb cut. Where a property has more than one driveway, the vehicles may only be parked in one driveway in the area between the front of the residence or principal structure and the lot front line;

f. “Vehicle” or “motor vehicle” means a currently licensed motorized or nonmotorized conveyance that includes, but is not limited to, an automobile, car, truck, trailer, camper, motorcycle, or watercraft, in operable condition;

g. “Recreational vehicle” means a currently licensed motorized or nonmotorized conveyance that includes, but is not limited to, motor homes, travel trailers, folding tent trailers, truck campers removed from a truck or pickup, horse trailers, boat trailers with or without boats, utility trailers, and similar vehicles;

h. “Commercial vehicle” means any motor vehicle the principal use of which is the transportation of commodities, merchandise, produce, freight, vehicles, animals, passengers for hire, or which is used primarily in construction or farming, including but not limited to bulldozers, backhoes, tractors and cranes. Parking of commercial vehicles on property residentially zoned, or property occupied by a single-family residence or duplex, shall constitute a nuisance and is prohibited. It shall be a defense to a violation of this section that during the entire time that the commercial vehicle was parked in the residential neighborhood, the operator of the vehicle was actively engaged in making a delivery or providing services to residents in the immediate vicinity of where the vehicle was parked;

17. On any property, a recreational vehicle may be used as a dwelling no more than 30 cumulative days within a calendar year. When there is an existing dwelling unit in a permanent structure on the property and said structure is undergoing construction, a recreational vehicle may be used as a dwelling for more than 30 cumulative days within a calendar year. If a recreational vehicle is to be used as a dwelling unit in conjunction with ongoing construction the developer must notify the city at the time of building permit;

18. On any privately owned property, keeping, storing or allowing to be kept or stored any junk that is not wholly enclosed by a sight-obscuring fence (except for gates, which shall remain closed) so as to render the junk not visible to public rights-of-way or to adjacent properties. This section does not apply to any property or situation where a development regulation applies;

19. Using property as a junk yard, or dumping ground, or for the wrecking or disassembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked, or abandoned automobiles, trucks or other machinery of any kind, or of any of the parts thereof unless lawfully licensed to do so;

20. Allowing, retaining or otherwise permitting a building or structure to remain on any lot, site, tract or parcel of land in any zone of the city, if that building or structure meets each of the following four criteria:

a. For one year or more the building or structure has not been legally occupied by a permitted use within the land use zone where it is located; and

b. The building or structure does not meet minimum occupancy standards for a use permitted in the applicable zone; and

c. The value of the improvements needed to bring the building or structure into compliance with the minimum occupancy standards for a use permitted in the applicable zone would exceed 25 percent of the assessed or appraised value, as determined by the development and business services director or designee; and

d. The building or structure has any exterior openings closed by extrinsic devices, giving the building or structure the appearance that it is not occupied or used for any use allowed by the zoning code at the particular location.

This provision shall not apply to a building or structure listed on the National Register of Historic Places, Washington State Register of Historic Places, Washington State Cultural Resource Inventory, or Snohomish County Cultural Resource Inventory; and

21. Allowing, retaining or otherwise permitting a nonconforming building or structure, as defined in LMC Title 21, to remain on any lot, site, tract or parcel of land in any zone of the city if that building or structure cannot, under the requirements of the zoning code, be restored or repaired to allow occupancy by a use conforming to the zoning code.

C. The following acts, in addition to any others in violation of subsection (A) or (B) of this section, constitute a public nuisance:

1. Conditions which are determined by the department director or department head responsible for enforcing an ordinance or chapter of the Lynnwood Municipal Code to be violations of the standards and requirements of the ordinance or code and unreasonably detrimental to the public health and safety, or welfare, so as to constitute a public nuisance. The criteria for determining whether a nuisance exists shall be based on the criteria in subsection (A) of this section and Chapter 7.48 RCW.

D. Any determination of or with respect to a public nuisance is subject to review in accordance with Phase II Process, LMC 1.35.200. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3311 § 4, 2018; Ord. 2828 § 1, 2010; Ord. 2822 § 1, 2010; Ord. 2821 § 1, 2010; Ord. 2419 § 1, 2002; Ord. 2187 § 1, 1998; Ord. 2047 § 1, 1995; Ord. 2011 § 2, 1994)