By The Herald Editorial Board
There are those who believe that property rights are sacrosanct, that they are too important to be interfered with. And that works, until what one person does on his or her property begins to interfere with the property rights of neighbors.
Marysville’s city council earlier this week rewrote sections of its municipal code to strengthen rules and penalties for properties that become public nuisances, choked with garbage, junk, weeds and more. The changes were made, The Herald’s Chris Winters reported, after problems at two addresses prompted city staff to present a sample ordinance to the council. But a packed council chambers for discussion of the ordinance indicates that city staff aren’t the only ones who see a problem with nuisance properties.
One quote from a Marysville resident gets to the core issue and suggests a reasonable standard: “Honestly, I don’t care what people do in their backyards as long as it doesn’t affect my way of living,” Mike Oleson told the council.
And that’s the standard already set by the state Supreme Court in a 1952 case: “One landowner will not be permitted to use his land so unreasonably as to interfere unreasonably with another landowner’s use and enjoyment of his land.”
In Mr. Oleson’s case, the odor or animal feces from a neighboring property’s backyard was interfering with his enjoyment of his property near Marysville Pilchuck High School.
Under the new ordinance, the city’s director of community development and the police department have the discretion to enforce the ordinance. First and second violations are civil infractions. Third and subsequent violations within three years of the first infraction can be charged as a misdemeanor with a fine of between $500 and $1,000, 90 days in jail or both.
There are also provisions for city staff to enter a property where there’s an immediate threat to health, safety or welfare, then correct the issue and later recover costs from the responsible party.
The ordinance also strengthens the city’s hand in dealing with vacant properties, particularly those in foreclosure, where banks or those holding the mortgage aren’t maintaining the property.
While this gives Marysville a new tool to deal with nuisance properties, there will be instances where residents should first turn to more neighborly measures. The city of Everett, which has a similar ordinance, advises a couple of steps before filing a complaint with the city:
Make contact with the person responsible, notify them of your concerns, how it affects you and outline possible solutions; and
For those cities with neighborhood associations, attend an association meeting and ask for its assistance in solving the problem. Everett residents can contact the city’s Office of Neighborhoods.
Some nuisances may involve a resident who is willing but unable to keep up the property and needs the assistance of neighbors and others.
Neighborhoods that are maintained and cared for show a pride in ownership and respect for community standards. Controlling nuisances protects property values, helps to keep communities livable and safe and respects the rights of all to use and enjoy their homes.
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