Everett, Wash.
Published: Sunday, September 7, 2008

Everett gets tough on nuisances

A new law makes it easier for the city to fine people for dilapidated buildings, overgrown landscaping and disorderly conduct.

By David Chircop
Herald Writer

 EVERETT -- The Everett City Council this week approved a new ordinance aimed at cracking down on owners of derelict property.

The new city law should make it easier for the city to fine people who ignore orders to rid their homes or businesses of nuisances, such as dilapidated buildings, overgrown landscaping and disorderly people.

It's similar to ordinances in Tacoma and Portland, Ore., which have been used to clean up troublesome hotels, clubs and drug houses.

"This is a very specific goal which is to address properties where they are experiencing a number of these things in a short period of time," said Laura Van Slyck, an assistant city attorney who helped draft the law.

People who break the law could face civil and criminal penalties.

The city already has a broad range of rules concerning building, fire, animal and safety codes. The new ordinance attempts to consolidate the abatement process when city officials believe those codes are being violated.

People accused of violating the city's rules still will have a chance to plead their case before a hearing examiner, a contract official who makes quasi-judicial decisions in a courtlike setting.

The new ordinance makes it a misdemeanor for a property owner to allow more than three nuisance activities on their land within a 60- day period.

The rule doesn't stop at a person's fence. People can be held accountable for problems up to 200 feet from their property line if there is a provable link. The law applies equally to the owner and their invited guests.

For example, if somebody throws a party and rowdy guests spill out into the street and start causing problems, that could count as a nuisance violation against the property owner.

Jerry Gadek, a business administrator with The Salvation Army, which runs a soup kitchen and food bank on Rucker Avenue near downtown Everett, said he was concerned about how the ordinance could be applied.

"This could be a huge impact on our service organization," he told the council.

Last year, the Everett Police Department sent a letter to the charity asking it to rein in public drinking that was taking place on its grounds.

While The Salvation Army tries to control its guests, Gadek said some suffer from mental illnesses and may act in ways that could be deemed a nuisance under the new ordinance.

Councilman Ron Gipson echoed those concerns.

"I'd hate to see you get hit," he told the Salvation Army representative.

Van Slyck said the law includes protections for property owners who can prove that they are working with city officials to take care of problems.

Everett officials say nuisance properties harm the quality of life in neighborhoods and are often magnets for crime. The ordinance specifically identifies as nuisances gang activity, drug related offenses, as well as weapons and noise problems.

It gives Everett's police chief the authority to declare a property a chronic nuisance and to send the property owner an order to cease and desist. After six months, the police chief can refer the case to the city attorney's office for enforcement.

While the ordinance does strengthen the city's powers, Van Slyck said a property owner will have plenty of warning before facing fines.

Mayor Ray Stephanson called the ordinance a "positive tool to deal with repeat offenders."

"The No. 1 complaint that I hear from citizens, often with rental properties," are concerns about nuisances and the city's inability to respond quickly, he said.

Councilwoman Brenda Stonecipher, chairwoman of the council's public safety committee, has advocated reforming the way the city enforces its codes.

She was absent for Wednesday's 5-0 vote, but said in an interview last month that she is in support of giving more teeth to city rules regulating properties.

She also strongly favors requiring some landlords to get permits and have their properties inspected before they can accept tenants.

"We're tried to work around the edges," Stonecipher said. "We moved code compliance to the police department, added staff and moved a lawyer to the police department. We've done the most we can do with the system as it is. It's time now to make fundamental changes to the system."

Bob Creamer, a Riverside neighborhood organizer, said some absentee landlords in Everett have been able to exploit loopholes in the city's rules because city departments by their nature focus only on specific problems.

Creating a file that is shared across departments is a better way to force people to clean up their properties.

"Some slumlords would basically play the city against itself," Creamer said. "Its far better that the city agencies get together and cooperate."

The new law is expected to go into effect 15 days following the mayor's signature.



Reporter David Chircop: 425-339-3429 or dchircop@heraldnet.com.
© 2009The Daily Herald Co., Everett, WA