303 McKenzie Ave SW 0504980 0
NOTICE TO ABATE UNSAFE
OR UNLAWFUL CONDITION (NUISANCE)
To: Paulin Neva
As owner, agent, lessee or other person occupying or having charge or control of the
building, lot or premises at 303 McKenzie Ave. SW / PO Box 1882, 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. h&actions are also contrary to the provisions of chapter 17.26 of
the Yelm Municipal Code.
PLEASE SEE ATTACHMENT "A" FOR DETAILED INFORMATION
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 L5 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 9.44.0 15 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.
44; 57- -r'/9f
Drew Felmley, Enforcement Officer Date
'YS-B'- 8W7
• CITY OF YELM •
NUISANCE ENFORCEMENT
Complaint Received:
Name: Paulin Neva
Address: 303 McKenzie Avenue SW / PO Box 1882
Yelm, WA 98597
Section 9.44.020 Nuisances Declared. The following spec 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.
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;
OAll 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, take, 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
N6
K. Placing, depositing, keepi*aving or leaving in or upon any pdvato, 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,
O 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 dosed position.
9. Laying out, exposing or leaving exposed, in an unendosed 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
0 0
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)
MEMORANDUM
DATE:
MAY 4, 1998
TO:
CHIEF GLENN DUNNAM
CC:
KEN GARMANN
FROM: DREW FELMLEY
RE: NUISANCE ABATEMENT
Attached is information concerning trash/garbage, at 303 McKenzie Avenue SW.
Mr./Mrs. Paulino Nava contacted the City and indicated that he /she would have the
nuisance abated by the _ /_ /_ abatement date. Unfortunately, Mr./Mrs. had not
complied when 1 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 5415.
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.
Signature
Date