207 Jefferson Ave NE 070698CERTIFICATE OF SERVICE
TO: 8eW_e WE/S/- OTTER/
207 J,EfWWAI Aue. /1/ E•
The undersigned hereby certifies that a true copy of the attached Notice to Abate Unsafe
or Unlawful Condition was served upon the person (or persons) to whom it was
addressed by (check one or more of the following):
❑ Delivering the copy to each of the addressees personally;
❑ Leaving the copy at the owner's place of residence with a person of suitable age
and discretion; or
❑ Leaving the copy with the tenant in possession of the property; or
❑ Mailing a copy, certified mail with a return receipt requested, to the owner at his
(her) last known address, postage prepaid; or
❑ Leaving a copy posted on the vacant premises and mailing a copy, certified mail
with a return receipt requested, to the owner (who is not a city resident at his (her)
last known residence, postage prepaid.
,. ,
Ln
Date
0WC --c Cello,/
NOTICE TO ABATE UNSAFE
OR UNLAWFUL CONDITION (NUISANCE)
To: ,BRUcE WEISAC- 677E'Ar/
As owner, agent, lessee or other person occupying or having charge or control of the
building, lot or premises at 207 .TEF -A"54V 411,f. NrE
you are hereby notified that the enforcement officer of the City of Yelm has determined,
pursuant to chapter 9.48 of the Yelm Municipal Code, that there exists upon or adjoining
said premises the following condition(s) contrary to the provisions of chapter 9.44 of the
Yelm Municipal Code. Infractions are also contrary to the provisions of chapter 17.26 of
the Yelm Municipal Code.
PLEASE SEE ATTACHMENT "A" FOR DETAILED INFORMAT ION
You are hereby further notified to abate that condition to the satisfaction of the city
within 15 days of the date of this notice. If you do not abate the condition within 15 days
the city can abate the condition at your expense. In addition, your failure to abate the
condition will be considered a violation for which you may incur monetary penalties as
provided in sections 9.44.015 and 9.498.040, Yelm Municipal Code, for each day or part
of day that the condition continues to exist.
Alternatively, failure to abate a nuisance may be prosecuted as a misdemeanor under
section 9.48.050, Yelm Municipal Code.
You have the right to appeal this notice within five (5) days as provided in section
9.48.010 E, Yelm Municipal Code, or within ten (10) days from the date of service by
mail, as evidenced by the postmark on the notice.
Thank you for your immediate attention to this matter.
Drew Felmley, En ement Officer
Date
CITY OF YELM
NUISANCE ENFORCEMENT
Complaint Received: 011 179
Name: 9-f" Wel5kV7r6A
Address: ;2D% TCAAA&s0.t-"
Section 9.44.020 Nuisances Declared. The following specific ads, omissions, places and conditions are declared
to be public nuisances:
Enforcement officer's verification:
Please circle all applicable conditions.
A. Erecting, continuing or using any building or other place in the city for the exercise of any trade, employment
or manufacture, which by occasioning noxious exhalation, offensive smells or other annoyances, becomes
injurious and dangerous to the health, comfort or property of individuals or the public.
B. Causing or allowing any offal, filth, poison, or noisome substance to be collected or to remain in any place,
street, highway, or alley in the city to the prejudice of others;
C. Maintaining any house, shop, stable or other structure which cannot be occupied or rented and which poses
danger of incendiarism and/or injury.
D. Maintaining any house or premises kept for the purpose of prostitution or for the performance of lewd acts
as that term is defined in section 9.16.010;
E. All houses or places where drunkenness, fighting or other breaches of the peace are carried on or permitted;
F. All dirt, offal, or vegetable matter, the contents of any hog pen or sty, poultry house, privy, drain or vault,
which by noxious air, poisonous gas, or noise, shall offend inhabitants of the neighborhood;
G. Keeping howling or barking dogs or permitting any animal to run at large which defiles, injures or destroys
lawns, gardens, trees or shrubbery;
H. Building or maintaining any structure in such condition as to be dangerous to the health of the citizens of
the city;
I. Obstructing or encroaching upon or rendering unsafe for passage any public highway, private way, street,
alley, park, square, driveway, lake, or stream in the city;
J Carrying on, within the city limits, a business of manufacturing gunpowder, nitroglycerin, or other highly
explosive substance mixing or grinding the materials therefor, in any place within two hundred fifty yards
of any building in existence at the time such business may be commenced.
Nuisance Control /Abatement
Attachment A
ordinance No. 415
NoE
K. Placing, depositing, keeping, having or leaving in or upon any private lot, building, structure or premises, or
in or upon any street, avenue, park, parkway or public or private place in the city any one or more of the
following conditions, places or things:
1. Any putrid, unsound or unwholesome bones, meat, hides, skins, or the whole or any part of any dead
animal, fish or fowl,
2. Privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies or
rats, or which are foul or malodorous,
3. Filthy or littered trash - covered cellars, house yards, factory yards, vacant areas in rear of stores,
vacant lots, houses, buildings or premises,
4. Animal manure in any quantity which is not securely protected from flies and the elements, or which
is kept or handled in violation of any ordinances of the city,
5. Poison oak or poison ivy (whether growing or otherwise), liquid household wastes, human excreta,
garbage, butcher's trimmings and offal, parts of fish, or any other vegetable or animal matter in any
quantity; provided nothing in this chapter shall prevent the temporary retention of waste in
receptacles in the manner approved by the health officer of the city or the dumping of nonputrifying
waste in a place an manner approved by the health officer,
6. Tin cans, bottle, glass cans, small pieces of scrap iron, wire, material, bric- a -brac, broken crockery,
broken glass, broken plaster, scrap building materials, and all such trash or abandoned material
unless the same be kept in covered bins or galvanized iron receptacles approved by the health
_ officer,
/. I Trash, litter, weeds or grass, rags, accumulations of empty barrels, boxes, crates, packing cases,
mattresses, lumber not piled, scrap iron, abandoned stoves, kitchen appliances, tin and other metal
not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be
a fire danger,
Any abandoned unattended or discarded icebox, refrigerator, freezer or other container having an
air -tight door or lid and a snap lock or other locking device which may not be easily released from
the inside when such lid or door is in a closed position.
Laying out, exposing or leaving exposed, in an unenclosed place known to be accessible to domestic
animals or children, any substance or combination of substances known to be a poison or poisonous
if consumed by a human, animal, or fowl;
10. The emitting of loud and raucous noise, from whatever the source or location, in a manner which,
under the circumstances, unreasonably disturbs others.
11. Causing or allowing any other nuisance as defined in section 9.44 010 or other provision of the Yelm
Municipal Code.
Nuisance Control /Abatement ordinance No. 415
Attachment A
6.08.050
3. A service dog owned by or in the custody of a
physically disabled person. A 'service dog' shall mean any
dog individually trained to the physically disabled
participant's requirements including, but not limited to,
minimal protection work, rescue work, pulling a wheelchair,
or fetching dropped items;
4. Police dogs trained and actively assisting in
law enforcement operations;
5. Dogs in training programs sponsored by licensed
and approved agencies identified with providing trained
animals to disabled individuals or law enforcement agen-
cies. (Ord. 536 §1, 1994; Ord. 463 52, 1993; Ord. 356 54,
1989).
6.08.050 Control of dons and other pet animals. It
is unlawful for the owner or custodian of any pet animal
to:
51 -2a (Yelm 12/95)
6.08.050
A. Permit a dog to be at large, as such term is defined
herein, within the boundaries of the town as now or hereafter
constituted;
B. Fail to adequately confine or restrain his or her
pet animal, to prevent such animal from coming upon another's
private property, or from damaging the real or personal prop-
erty of another, or from injuring, attacking, harassing or
harrying other animals lawfully within the town;
C. Own or have custody of a pet animal which urinates
or deposits fecal material upon any property, public or pri-
vate, not belonging to the owner or custodian, and to fail to
remove deposited fecal material from such property;
D. Keep or maintain within the town any barking, howl-
ing or yowling pet animal, as the same is defined herein;
E. Keep or maintain within the town any vicious or de-
structive animal, as defined herein, unless such animal be
securely confined on the owner's premises in such a manner
that there be no reasonably foreseeable risk of such animal's
escape of confinement, and that there exists no reasonably
foreseeable risk or danger to persons on other property, or
to persons lawfully entering upon the owner's property or
other property;
F. Fail to confine or control a dog which thereafter is
found at large and within the town, in any park, playground
or public school grounds on any road, street right -of -way, or
in any building or other area owned or controlled by a muni-
cipal corporation. This section shall not prohibit a person
from walking or exercising a dog in a public park or on other
property generally accessible to the public, provided such
dog is on a leash or under control by a competent person, and
proper safeguards are taken to protect the public and prop-
erty from injury or damage from said dog, and that any fecal
material such animal deposits be promptly removed and dis-
posed of by the owner or custodian;
G. Fail to confine or control a dog which thereafter
chases, runs after or jumps at one or more vehicles lawfully
using the public highway, streets, avenues or alleys, or at
one or more persons lawfully using such public ways, or any
sidewalks or rights -of -way thereof;
H. Permit any stray dog, as defined herein, to be in
the town, or to encourage such stray dog to remain therein by
sheltering or feeding such animal; provided, however, that it
shall not be unlawful to feed or shelter any such animal if
the same be confined and reported to town authorities within
two business days following such feeding or confinement. Any
person who harbors, feeds or shelters any stray dog and who
fails to report such animal within such period shall be deem-
ed to be such animal's custodian, unless and until the true
owner be found, and shall be fully responsible and liable for
such animal civilly and criminally retroactive to the time he
51 -3 (Yelm 10 /89)
9.44.010 -- 9.44.010
shaving appliance. This section shall not apply to li-
censed hunters and fisherman actively engaged in such pur-
suits, persons carrying knives unconcealed pursuant to a
lawful occupation, and those carrying knives in a secure
wrapper or toolbox. (Ord. 431 §1, 1992).
Chapter 9.44
NONCOMERCIAL NUISANCES
Sections:
9.44.010 Definitions.
9.44.015 Prohibited conduct.
9.44.020 Nuisances declared.
9.44.010 Definitions. The following words and phras-
es used in this chapter, unless the context otherwise
clearly indicates, shall have the following meanings:
76 -15a (Yelm 8/92)
9.44.015
A. 'Abate' means to repair, replace, remove, destroy
or otherwise remedy a condition which constitutes a viola-
tion of this chapter by such means and in such a manner and
to such an extent as the applicable department director
determines is necessary in the interest of the general
health, safety and welfare of the community.
B. 'Building materials' means and includes lumber,
plumbing materials, wallboard, sheet metal, plaster, brick,
cement, asphalt, concrete block, roofing material, cans of
paint and similar materials.
C. 'Enforcement officer" means the city administra-
tor of the city or his or her designee authorized in writ-
ing to enforce this chapter or Chapter 9.48 of this code.
D. "Hearing board" or "board" means the board of
adjustment of the city.
E. "Notice of abatement" or "notice to abate" means a
notice to abate unsafe or unlawful condition as provided in
this code.
F. "Owner" means and includes without limiting the
definition of that term in Chapter 1.04, any agent, lessee,
owner, tenant or other person occupying or having charge or
control of any premises. An owner or agent is deemed to
have control if he or she has actual or constructive knowl-
edge of the maintenance upon the premises of any nuisance
as defined in this chapter.
G. "Person" means and includes, without limiting its
definition in Chapter 1.04 of this code, individuals,
firms, partnerships, corporations, and all associations of
natural persons, whether acting by themselves or by any
agent or employee.
H. "Premises" means any building, lot, parcel, real
estate or land or portion of land whether improved or unim-
proved, including adjacent sidewalks and parking strips and
any lake, river, stream, drainage way or wetland.
I. 'Public nuisance" and 'nuisance" each mean and
consist of doing an unlawful act, or omitting to perform a
duty, or suffering or permitting any condition or thing to
be or exist, which act, omission, condition or thing ei-
ther:
1. Unreasonably injures or endangers the comfort,
repose, health or safety of others, or
2. Offends public decency, or
3. Is offensive to the senses of reasonable per-
sons, or use of property. (Ord. 415 §2, 1991: Ord. 213
§10(B)(1), 1977).
9.44.015 Prohibited conduct. It is a violation of
this chapter for any person to permit, create, maintain, or
allow, upon any premises, any of the acts or things de-
clared in Sections 9.44.010 or 9.44.020 to be a public
nuisance, or to fail to abate such a nuisance pursuant to
lawful notice given under Chapter 9.48 of this code. (Ord.
415 §3, 1991).
76 -16 (Yelm 2/92)
MEMORANDUM
DATE:
TO: CHIEF GLENN DUNNAM
CC: KEN GARMANN
FROM: DREW FELMLEY
RE: NUISANCE ABATEMENT
Attached is information concerning
at
Mr./Mrs. contacted the City and
indicated that he/she would have the nuisance abated by the _ /_ /_ abatement date.
Unfortunately, Mr./Mrs. had not complied when I checked today. Copies of all related
correspondence are included.
At this point, the matter is being forwarded to you for issuance of a criminal
misdemeanor citation per Yelm's Nuisance Ordinance 11415.
I am available to answer any questions you might have regarding this matter.
3/70/98
yCITY OF YELM [FOR OFF CqL USE ONLY:
PO Box 479 ECENEO BY:
Yelm WA 98597
..,.a. 360 -458 -3244
Ysl,M
=Br.
COMPLAINT RECEIVED FORM
COMPLAINANT: I% lc K t
PHONE: A4,'5e—��
Home Business
ADDRESS: 9()q
MAILING ADDRESS: P 0 • Bo X 1,akl
DATE: 2z4/"/,a TIME: 1(.'16 A. yr)
SUGGESTED ACTION TO BE TAKEN: -Qef.) —A& J�A3si 6/c uii lwvcc.
ZEE /I NES —oK
SATISFACTORILY RESOLVED /COMPLETED ON: / I
BY:
CITY OF YELM POLICY NO. 91 -01
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