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210 Jefferson St SE 0429980 9 NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION (NUISANCE) To: Gordon Johnson As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at: 210 Jefferson Street SE, Yelm, WA 98597 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 conditions) 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, Yehn 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. yar -yam Drew Felmley, EFforcement Officer Date • CITY OF YELM • NUISANCE ENFORCEMENT Complaint Received: 4/15/98 Name: Gordon Johnson Address: 210 Jefferson Street NE Section 9.44.020 Nuisances Declared. The following specific acts, 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. 8. 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, stop, stable or other structure which cannot be occupied or rented and which poses danger of inoendiansm and/or injury. D. Maintaining ary 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, or 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 N C K. Placing, depositing, keepinoaving or leaving in or upon any pnvatis, 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: 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, 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, Poison oak or poison ivy (whether growing or otherwise), liquid household wastes, human excreta, garbage, butchers 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, 7O. 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 -light door or lid and a snap look or other locking device which may not be easily released from the inside when such lid or door is in a closed position. 9. 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. 41', Attachment A 9.48.005 -- 9.48.010 Sections: (Continued) 9.48.040 Civil penalties. 9.48.050 Criminal penalties. 9.48.060 Emergencies. 9.48.070 Safeguards. 9.48.005 Definition of terms. All definitions in Chapter 9.44 of this code shall apply to this chapter un- less the context otherwise clearly indicates. (Ord. 415 §5, 1991). 9.48.010 Abatement Procedure. A. upon receipt of information or upon personal observation that a nuisance exists as defined in Chapter 9.44 of this code, the en- forcement officer shall cause an investigation of the mat- ter and premises involved. if the enforcement officer determines that a nuisance exists he or she shall file a written finding to that effect with the city clerk. B. After having filed a finding that a nuisance ex- ists, the enforcement officer shall require the owner of the premises involved to abate the nuisance at his or her own cost and expense, in whole or in part. The enforcement officer shall give written notice to the owner as pre- scribed in this section, describing the property involved, the condition to be corrected, and a specified reasonable time within which the owner must correct the condition, which shall be not less than five days, or ten days from the date of service by mail as evidenced by the postmark on the notice. The notice must further specify (a) that if the owner fails to abate the nuisance within the specified period of time, the city shall cause the work to be per- formed and shall assess all or any portion of the cost thereof against the owner; (b) that the owner may be liable for civil penalties for each day or part of day that the condition continues to exist following the notice, (c) that the owner alternatively may be liable to criminal prosecu- tion, as provided in this chapter; and (d) that the owner has a right to appeal the notice as provided in subsection E of this section. The required notice shall be in sub- stantially the following form: 76 -19 (Yelm 2/92) 0 0 MEMORANDUM DATE: APRIL 29, 1998 TO: CHIEF GLENN DUNNAM CC: KEN GARMANN FROM: DREW FELMLEY RE: NUISANCE ABATEMENT Attached is information concerning trash/garbage at 210 Jefferson Street NE. Mr./Mrs. Gordon Johnson 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 #415. 1 am available to answer any questions you might have regarding this matter. 3/20/98 0 0 CERTIFICATE OF SERVICE TO: 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 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. -e 4 ature Date NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION (NUISANCE) To: Gordon Johnson As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at: 210 Jefferson Street SE, Yelm, WA 98597 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 INFORMA77ON 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 IS 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 FeeMey, E fomement Officer Date CITY OF YELM NUISANCE ENFORCEMENT Complaint Received: 4/15/98 Name: Gordon Johnson Address: 210 Jefferson Street NE Section 9.44.020 Nuisances Declared. The following specific acts, 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 heaith, 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 arty 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, or 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 Ivw /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: 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, 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, 7O. 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, 8. 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. 9. 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 9.48.005 -- 9.48.010 Sections: (Continued) 9.48.040 Civil penalties. 9.48.050 Criminal penalties. 9.48.060 Emergencies. 9.48.070 Safeguards. 9.48.005 Definition of terms. All definitions in Chapter 9.44 of this code shall apply to this chapter un- less the context otherwise clearly indicates. (Ord. 415 55, 1991). 9.48.010 Abatement procedure. A. Upon receipt of information or upon personal observation that a nuisance exists as defined in Chapter 9.44 of this code, the en- forcement officer shall cause an investigation of the mat- ter and premises involved. If the enforcement officer determines that a nuisance exists he or she shall file a written finding to that effect with the city clerk. B. After having filed a finding that a nuisance ex- ists, the enforcement officer shall require the owner of the premises involved to abate the nuisance at his or her own cost and expense, in whole or in part. The enforcement officer shall give written notice to the owner as pre- scribed in this section, describing the property involved, the condition to be corrected, and a specified reasonable time within which the owner must correct the condition, which shall be not less than five days, or ten days from the date of service by mail as evidenced by the postmark on the notice. The notice must further specify (a) that if the owner fails to abate the nuisance within the specified period of time, the city shall cause the work to be per- formed and shall assess all or any portion of the cost thereof against the owner; (b) that the owner may be liable for civil penalties for each day or part of day that the condition continues to exist following the notice, (c) that the owner alternatively may be liable to criminal prosecu- tion, as provided in this chapter; and (d) that the owner has a right to appeal the notice as provided in subsection E of this section. The required notice shall be in sub- stantially the following form: 76 -19 (Yelm 2/92) 0 9 City of Yelm POLICE DEPARTMENT 118 Mosman Avenue SE P.O. Box 479 Yelm, Washington 98597 -9998 (360) 458 -5701 • FAX (360) 458 -3188 TO: Yelm Building Depa tment FROM: Commander Asmus DATE: March 9, 1998 SUBJECT: Nuisance Abatement Request Nuisance Abatement letters be sent to the following addresses: 210 Jefferson Street N.E. Officers report a large amount of trash in the yard with maggots all over it. 307 McKenzie Street S.W. Neighbors complaining of numerous trash bags in their yard with no garbage service. Neighbors are reporting that they are being charged by LeMay Garbage Service for extra bags of garbage placed by their trash cans which is not theirs. Believe the extra bags are coming from above address.