AH considers nuisance code process modifications

The city of Airway Heights is taking a slightly different approach to taking care of nuisances within the community.

At the Jan. 12 City Council study session, Development Services Director Derrick Braaten presented an ordinance that would change the city’s municipal code on nuisances to amend some of the language in the noticing, enforcement, abatement and appeals of nuisance violations. The council had the first reading of the ordinance at its Jan. 20 meeting.

“In the past we’ve gone to mitigate or abate a nuisance, but our process didn’t work,” Braaten said. “There were gaps in the process. We’re trying to make it easier to understand for staff and citizens, as well as make sure that citizens’ rights are respected.”

The city currently uses report-driven code enforcement. If the city receives a complaint from a resident, a code enforcement officer will investigate the matter. According to the ordinance, city department directors, a director’s designee, building and construction inspectors, a fire marshal or any other person assigned or directed by the city manager may act as code enforcement officers.

One part of the ordinance concerns junk vehicles on property. If a vehicle is in violation of the city’s nuisance code and is on private property, the code enforcement officer shall issue a notice to the landowner who received the notice who then can respond within 14 business days. If the city determines that the vehicle is on the property without the landowner’s consent, and that they have not accepted the vehicle’s presence on their property, they will not be charged the cost of administration or removal of the vehicle.

Another amendment discusses the civil violation process. For each violation, the penalty shall be a $250 fine for the first day, $500 for the second day and $1,000 for each subsequent day the violation exists up to a maximum monetary fee of $5,000. A person who receives a civil violation can respond within 14 days by paying any fine and correcting the violation, entering into and complying with a voluntary correction agreement with the city or requesting a hearing to contest the violation.

The ordinance states the city may waive the monetary penalty if corrective action is completed by the date specified in the violation notice or a voluntary correction agreement.

The ordinance also states that the city may perform abatement when the terms of a civil violation notice has not been appealed or complied with, the terms of a voluntary compliance agreement have not been met or a hearing examiner rules in favor of the city. The city can use any lawful means to enter the property and take preventive measures to remove or correct the condition that is subject to abatement. It can also seek the judicial process to obtain a warrant of abatement from Spokane County Superior Court when the situation requires.

According to Braaten, the changes in the ordinance will eventually become its own separate chapter or they will be applied to other areas of code enforcement.

“The codes will be the same for all code enforcement whether it’s the building code or planning code, that’s what will be used,” Braaten said. “We’re still working on it but eventually it will go into the same code.”

Al Stover can be reached at [email protected].

 

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