6.04.060 Abatement of public nuisances.
A. Inspection of Premises. Whenever complaint is made to the chief of police that a public nuisance exists within the city of Monroe, the chief of police, the health officer or building inspector shall forthwith inspect or cause to be inspected the premises and shall make a written report of his findings. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the city clerk.
B. Summary Abatement.
1. Notice to Owner. If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the chief of police may serve notice on the owner or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within twenty-four hours to seventy-two hours, at the discretion of the inspecting officer and shall state that, unless such nuisance is so abated, the city will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.
The notice shall be substantially in the following form:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION
(Name and address of person notified):
As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at _____________, you are hereby notified that the undersigned, pursuant to Chapter 6.04 MMC, has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection___________ of Section___________ of the Monroe Municipal Code.
You are hereby notified to abate said condition to the satisfaction of the undersigned within ____hours/days of the date of this notice or to appear at the office of the _____________ at _________________, Monroe, Washington on ___________, 20__, at _______o’clock __M, and show cause, if any, you have why said condition should not be abated by the city, and the expenses thereof charged to you as a personal obligation. Abatement is to be accomplished in the following manner:
Dated: _______
______________________
(Name of inspecting officer)
2. A copy of the notice provided for in subsection (B)(1) of this section shall be sent to the owner and may be sent to any other of said persons sought to be charged with the responsibility of abatement. The notice shall be sent by mail, postage prepaid, and addressed as follows:
To the owner: As such person’s name and address appears on the records of the Snohomish County Treasurer, or as known to the inspecting officer or the person authorized by the inspecting officer to give such notice.
To any other such person: As such person’s name and address are known to the inspecting officer or the person authorized by him to give notice.
The person giving such notice shall file a copy thereof in the office of the city clerk, together with an affidavit or certificate stating the time and manner in which such notice was given. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.
3. Abatement by City. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the mayor shall cause the abatement or removal of such public nuisance.
C. Abatement by Court Action. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he may file a written report of his findings with the mayor who may cause an action to abate such nuisance to be commenced in the name of the city.
D. Other Methods Not Excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the city or its officials in accordance with the laws of the state of Washington. (Ord. 526, 1970)