Title 8
HEALTH AND SAFETY

Chapters:

8.04 Garbage Collection and Disposal

8.06 Special Garbage Collection Services and Charges for Certain Persons

8.08 Weed Control

8.12 Nuisances

8.16 False Alarms

8.20 Camping

Chapter 8.04
GARBAGE COLLECTION AND DISPOSAL

Sections:

8.04.010 Purpose.

8.04.020 Definitions.

8.04.030 System – Use required.

8.04.040 System – Administration.

8.04.050 Carts – Materials, construction, use and maintenance.

8.04.060 Carts – Weight limitation – Garbage, recycling and yard waste carts.

8.04.070 Bulk collection containers permitted when.

8.04.080 Certain materials prohibited.

8.04.090 Burning, dumping or collection prohibited.

8.04.100 Times designated.

8.04.110 Repealed.

8.04.120 Access and use of contractor-owned bins restricted.

8.04.130 Separation of garbage – Recycling and yard waste.

8.04.140 Yard waste – Collection stations established.

8.04.150 Yard waste – Restrictions on disposal.

8.04.160 Dumpster standards.

8.04.162 Location.

8.04.164 Pad size requirements.

8.04.166 Construction standards.

8.04.168 Enclosure requirements.

8.04.170 Charges – Fee schedule – Payment delinquent when.

8.04.180 Disposal or accumulation prohibited when.

8.04.185 Damages.

8.04.190 Violation – Penalty.

8.04.010 Purpose.

The purpose of this chapter is to provide for health and sanitation within the city by providing for and regulating the collection, removal and disposal of garbage and refuse, establishing charges for garbage collection and disposal, the manner and time for payment of said charges, establishing a lien against the property for which the garbage collection service is rendered, and providing penalties for violation of this chapter. (Ord. 1539 § 1, 2004; Ord. 1346 § 2, 1997).

8.04.020 Definitions.

For the purpose of this chapter, the following definitions are applicable:

A. “Alley” means any public or private way giving access to the rear of lots or buildings.

B. “Bulky waste” means large items of waste, such as furniture and other oversized wastes that would typically not fit into garbage carts.

C. “City” means the city of Burlington, Skagit County, Washington.

D. “City service area” means the portion of the city subject to the contract for collection services. The city service area will be the corporate limits of the city.

E. “Collection fee component” means the portion of the monthly service fee for a particular level of service that is related to the capital, operating and management costs of operating the contractor’s fleet, but not disposal costs.

F. “Commercial customer” means any business, institution or industrial site within the city. Multifamily residences are considered commercial customers for the purpose of this contract.

G. “Contract” means the city of Burlington agreement for solid waste collection services.

H. “Contractor” means current contracted provider.

I. “Curbside” means the area on residential property, within five feet of the public street without blocking sidewalks, driveways or on-street parking. For residential property currently receiving garbage pickup in an alley accessible by collection vehicles, “curbside” may be considered to be in the current alley location and within five feet of the edge of the alley. If extraordinary circumstances preclude such a location, “curbside” will be considered a placement suitable to the residential property and convenient to the contractor’s equipment and approved by the city public works director, or designee.

J. “Disposal site” will mean the area designated by the city for the disposal of garbage.

K. “Drop-box container” means an all-metal container with a 10-cubic-yard or more capacity that is loaded onto a collection vehicle, transported to a disposal site, emptied and transported back to the customer’s site.

L. “Garbage” means all mixed putrescible and nonputrescible solid and semisolid wastes including, but not limited to: mixed discards, rubbish, ashes, industrial wastes, demolition and construction wastes, swill and sewer plant screenings; provided, however, that “garbage” does not include industrial by-products, source-separated recyclable materials that have been separated from other wastes by the generator, sewage sludge, septage, abandoned vehicles or appliances.

M. “Garbage cart” means a city public works director approved, contractor-owned and contractor-provided container for the purpose of collecting garbage.

N. “Hazardous waste” means any waste material included in the State of Washington Department of Ecology Dangerous Waste Regulations, chapter 173-300 WAC.

O. “High density units” means a residential structure containing six or more dwelling units.

P. “Multiple-family or multifamily unit” means a residential structure containing two to five dwelling units. Each dwelling within a multifamily unit will be charged as a “single-family unit.”

Q. “Person” means every person, firm, partnership, association, institution or corporation in the city accumulating garbage requiring disposal. The work will also mean the occupant and/or the owner of the premises for which services herein mentioned is rendered.

R. “Public works director” means an offical of the city holding that office, or its designated representative.

S. “Recycling contract” means city of Burlington contract No. 2003-28 to provide residential collection, processing and marketing of curbside recyclables and curbside yard waste from April 1, 2003, to March 31, 2009.

T. “Recycling coordinator” means the public works director for the city of Burlington, Skagit County, Washington.

U. “Service fee” means the sum of the collection fee component and disposal fee component charged to the customer for a particular level of service, including applicable taxes and fees.

V. “Single-family” means a residential structure containing not more than one dwelling unit.

W. “Solid waste coordinator” means the public works director for the city of Burlington, Skagit County, Washington. (Ord. 1539 § 1, 2004; Ord. 1346 § 3, 1997).

8.04.030 System – Use required.

It is compulsory that all property owners and occupants of premises shall use the garbage collection and disposal system as provided or contracted by the city and shall dispose of their garbage and refuse as provided in this chapter and the charges to be made therefor shall be universal and compulsory. (Ord. 1539 § 1, 2004; Ord. 1346 § 4, 1997).

8.04.040 System – Administration.

The city shall provide for and administer the collection, removal and disposal of garbage and refuse within the city either through direct services or contractual agreement and said system shall be administered by the public works department, subject to the approval and direction of the city council. (Ord. 1539 § 1, 2004; Ord. 1493 § 1, 2002; Ord. 1346 § 5, 1997).

8.04.050 Carts – Materials, construction, use and maintenance.

A. The carts required to be kept and utilized pursuant to this chapter shall be watertight carts with attached lids and will be provided by the contracted solid waste and recycling collection provider as defined by the city.

B. Carts shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing materials. Each cart shall be kept in a place accessible to the collector of garbage and refuse. (Ord. 1539 § 1, 2004; Ord. 1346 § 6, 1997).

8.04.060 Carts – Weight limitation – Garbage, recycling and yard waste carts.

For garbage and recycling carts one 20-gallon cart with 20-gallon insert shall not weigh more than 45 pounds; one 35-gallon cart shall not weigh more than 65 pounds; one 64-gallon cart shall not weigh more than 130 pounds; and one 96-gallon cart shall not weigh more than 195 pounds. One 96-gallon yard waste cart shall not weigh more than 195 pounds. Contractural provider employees may refuse to collect any carts which exceed these weight limits.

A. Any customer using more than their allotted number of carts, or where garbage is not adequately contained, may, at the discretion of the contracted sanitation supervisor, be required to utilize a bin for garbage disposal and shall be charged at the commercial rate established through private provider bid approved by the city.

B. High density dwelling units or apartment buildings consisting of six or more units shall be required to use commercial bins for disposal of garbage.

C. The city acknowledges the right by contractor to charge extra dump and collection fees by the private contractor for approved carts or bins that are overfilled and overweight. Extra dumps, larger bins, or roll-off bins may be required for overweight disposal within the city and said system shall be administered by the garbage private contractor. (Ord. 1539 § 1, 2004; Ord. 1346 § 7, 1997).

8.04.070 Bulk collection containers permitted when.

Large suitable containers for bulk collection of garbage and refuse may, with the approval of the contracted service provider, be used by hotels, restaurants, boarding houses, eating places, apartment houses, schools and hospitals and in the business districts. Waste paper or office supplies may be deposited in waste paper baskets or other suitable receptacles. (Ord. 1539 § 1, 2004; Ord. 1346 § 8, 1997).

8.04.080 Certain materials prohibited.

It is unlawful to set out for collection any material likely to produce dust, fumes or vapors or any material likely to be carried by the wind unless such material is securely bagged and tied and contained within the garbage or recycle carts in such a manner as to prevent it from being so carried by the wind or giving off such dust, fumes or vapors during the process of garbage and recycling collection. (Ord. 1539 § 1, 2004; Ord. 1346 § 9, 1997).

8.04.090 Burning, dumping or collection prohibited.

It is unlawful for any person to burn garbage, refuse or yard waste; to dump or deposit any garbage and refuse upon any street or alley or private property in the city; or to collect, remove or dispose of the same except as in this chapter provided. (Ord. 1539 § 1, 2004; Ord. 1346 § 10, 1997).

8.04.100 Times designated.

Garbage shall be collected, removed and disposed of in the residential sections of the city at least once each week, and from hotels, restaurants, boarding houses, eating places, apartment houses, schools and in the business section of the city not less than once a week or, in the discretion of the public works department, more often as may be required. Recycling materials shall be collected, removed and disposed of from residential and commercial areas a minimum of every other week. Collections in the business sections of the city shall be made before the hour of 7:00 a.m. Residential sections of the city shall include all portions thereof not otherwise designated. Collection in the residential sections of the city shall be made after the hour of 7:00 a.m. (Ord. 1539 § 1, 2004; Ord. 1493 § 2, 2002; Ord. 1346 § 11, 1997).

8.04.110 Stickers required for collection.

Repealed by Ord. 1539. (Ord. 1346 § 12, 1997).

8.04.120 Access and use of contractor-owned bins restricted.

Use of contractor-owned bins shall be restricted to use by the owner or employees of the business/commercial establishment to which the bin has been provided and solely for the purpose of depositing garbage and refuse for collection by the city’s designated and contracted garbage, refuse and recycling collector. Any unauthorized use of such bins shall be unlawful. (Ord. 1539 § 1, 2004; Ord. 1346 § 13, 1997).

8.04.130 Separation of garbage – Recycling and yard waste.

City-approved carts will be provided by the contractor for mandatory solid waste and recycling collection. A yard waste cart will be provided by the contractor at the request of the customer and at an additional fee. (Ord. 1539 § 1, 2004; Ord. 1346 § 14, 1997).

8.04.140 Yard waste – Collection stations established.

The city shall establish and maintain one collection station for yard waste. Such station shall be available to the citizens of the city for the disposal of yard wastes. Days and hours of operation and charges shall be established by the public works department and approved by the city council as needed. The public works department shall cause notice to be made to the public by such means as the public works department shall deem most appropriate, describing the availability of such station, its purpose, location or locations and days and hours of operation. The city also recognizes the collection of yard waste using curbside carts as provided by the city-designated solid waste contractor. (Ord. 1539 § 1, 2004; Ord. 1493 § 3, 2002; Ord. 1346 § 15, 1997).

8.04.150 Yard waste – Restrictions on disposal.

Unless a yard waste cart is secured from the designated solid waste collector, it is unlawful to set out for collection any grass, yard clippings, tree trimmings, weeds or any other yard wastes and the same shall not be collected by the garbage collectors. (Ord. 1539 § 1, 2004; Ord. 1346 § 16, 1997).

8.04.160 Dumpster standards.

All commercial, industrial and multifamily residential that use dumpsters and/or recycling containers shall follow the requirements of this chapter. (Ord. 1539 § 1, 2004; Ord. 1346 § 17, 1997).

8.04.162 Location.

All dumpster and recycling container locations, including roll-out areas, shall provide for direct and unobstructed access by sanitation equipment and personnel; further provided, all dumpsters and recycle containers with an individual capacity of 1.5 cubic yards or more shall not be located within five feet of combustible walls, openings, or combustible roof eave lines. All locations and pad improvements shall be approved by the sanitation and fire departments prior to issuance of a building permit. (Ord. 1539 § 1, 2004; Ord. 1346 § 18, 1997).

8.04.164 Pad size requirements.

A. Pad Size Requirements – Minimum Opening and Depth for Garbage Dumpster Only.

Dumpster Size	Minimum Opening	Minimum Depth
4 cubic yards	12 feet	10 feet
2 cubic yards	12 feet	10 feet
1-1/2 cubic yards	12 feet	10 feet

B. Pad Size Requirements – Minimum Opening and Depth for Garbage Dumpster and Recycling Containers.

Dumpster Size	Minimum Opening	Minimum Depth
4 cubic yards	18 feet	10 feet
2 cubic yards	18 feet	10 feet
1-1/2 cubic yards	18 feet	10 feet

(Ord. 1539 § 1, 2004; Ord. 1493 § 4, 2002; Ord. 1346 § 19, 1997).

8.04.166 Construction standards.

All pad and roll-out areas shall be constructed of concrete with the thickness to be not less than four inches. All pads shall be level. All pads’ top surface elevation shall be even with parking lot or driveway top surface elevation. (Ord. 1539 § 1, 2004; Ord. 1346 § 20, 1997).

8.04.168 Enclosure requirements.

A. All dumpster and recycling container pads shall be enclosed by a minimum of a six-foot sight-obscuring fence to screen and retain the dumpster/container on the pad site as well as contain and control blowing debris. A 50-foot area in front of enclosures is required sufficient to maneuver garbage trucks.

B. For the health and safety of sanitation employees, all garbage must be contained within the dumpsters. Any garbage not contained and piled around the dumpster will not be picked up. (Ord. 1539 § 1, 2004; Ord. 1493 § 5, 2002; Ord. 1346 § 21, 1997).

8.04.170 Charges – Fee schedule – Payment delinquent when.

A. All charges for privatized garbage services as identified in the current solid waste contract shall be approved by the council. All charges shall be paid on or before 30 days after the date of billing as shown upon the billing statement and if not so paid shall bear interest at a rate of 12 percent per annum until paid, and said charge may become a lien against the property which is serviced by the private solid waste collector.

B. Manufacturing, restaurants and food handling businesses: the required size of the dumpster shall be approved by the solid waste contractor. The amount and/or weight of garbage will determine the size of the dumpster and the number of dumps per week.

C. Hotels, motels, apartment buildings and senior assisted-living facilities: the required size of the dumpster shall be approved by the contracted solid waste supervisor. The amount and/or weight of garbage and refuse will determine the size of the dumpster and the number of dumps per week.

D. Hotels, motels, apartment houses and trailer courts are classified as business establishments and all carts or bins will be placed at one location and charged as one business establishment. Failure to place carts or bins at one location will result in classification of each unit as a dwelling and pickups at each unit will be charged as individual dwellings.

E. In the event any person shall make an unreasonable or unusually large use of the refuse collection and disposal facilities, the person shall contact the solid waste provider and pay the stipulated rate for excess solid waste.

F. Residents subject to garbage and recycling collection charges shall enroll for the desired level of service by applying to the contracted solid waste provider in the form and manner provided by their office. Fees are payable regardless of whether or not garbage is actually set out for collection. Where no service level has been designated by the current owner it shall be assumed that service level will be at the base rate of a 64-gallon cart.

G. There shall be no credit given for fees charged to residences or other buildings on the basis that such residence or building is, has been, or may be vacant. No credit will be granted for after-the-fact notification. (Ord. 1539 § 1, 2004; Ord. 1507 § 1, 2002; Ord. 1493 § 6, 2002; Ord. 1346 § 22, 1997).

8.04.180 Disposal or accumulation prohibited when.

It is unlawful for any person to dispose of garbage or refuse on any public place or to allow garbage or refuse to collect or be stored in an unsanitary manner within the city. (Ord. 1539 § 1, 2004; Ord. 1346 § 23, 1997).

8.04.185 Damages.

The city is not responsible for damages to buildings and other objects during the handling of garbage bins by a contracted private solid waste collector. (Ord. 1539 § 1, 2004; Ord. 1496 § 1, 2002; Ord. 1493 § 7, 2002).

8.04.190 Violation – Penalty.

Any person(s) violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished according to the provisions of chapter 1.24 BMC. (Ord. 1539 § 1, 2004; Ord. 1346 § 24, 1997).

Chapter 8.06
SPECIAL GARBAGE COLLECTION SERVICES AND CHARGES FOR CERTAIN PERSONS

Sections:

8.06.010 Purpose – Special residential collection services.

8.06.020 Discounts.

8.06.030 Application requirements.

8.06.040 City clerk-treasurer – Duties pertaining to affidavits and application forms.

8.06.050 Violation – Penalty.

8.06.010 Purpose – Special residential collection services.

Special pickup service will be provided, as requested by the city public works director, to those single-family residences where there are handicapped or elderly people who cannot move their garbage carts to the curbside. Single-family residences that are geographically located so as to make moving containers to the curbside an unreasonable physical hardship must apply to the city for the special collection services and submit documentation to justify their application. Single-family residences that qualify for this service will be determined solely by the city, based on submitted documentation.

Collection from single-family residences with elderly or handicapped persons who have received a waiver from the city will receive collection services from a location of their convenience as approved by the city and the contractor without additional cost. (Ord. 1540 § 1, 2004).

8.06.020 Discounts.

Discounts for services provided to residents 62 years of age or older and permanently disabled persons must be applied for at the city. Sufficient documentation must be submitted to justify the application. Single-family residences that qualify for this service will be determined solely by the city, based on submitted documentation. (Ord. 1540 § 1, 2004).

8.06.030 Application requirements.

A. No person, however qualified, shall be entitled to reduced garbage collection rates provided in this chapter until such person has made official application for the same with the clerk-treasurer of the city.

B. Reductions of rates made pursuant to this chapter shall be effective only for the billing period during which application is made in accordance with this chapter, and for those billing periods occurring thereafter during which time the applicant remains eligible to receive reduced garbage collection rates. (Ord. 1540 § 1, 2004; Ord. 978 § 3, 1981).

8.06.040 City clerk-treasurer – Duties pertaining to affidavits and application forms.

The city clerk-treasurer is directed to maintain a supply of affidavits and application forms establishing qualifications of applicants for reduced collection rates, in a form to be approved by the city council. (Ord. 1540 § 1, 2004; Ord. 978 § 4, 1981).

8.06.050 Violation – Penalty.

Any person making false representations in order to secure reduced garbage collection rates pursuant to this chapter shall be guilty of a misdemeanor and shall be punished by a fine of up to $500.00 or 30 days in jail, or both. (Ord. 1540 § 1, 2004; Ord. 978 § 5, 1981).

Chapter 8.08
WEED CONTROL

Sections:

8.08.010 Undesirable growth prohibited.

8.08.020 Repealed.

8.08.030 Exemptions to chapter applicability.

8.08.040 Violations.

8.08.050 Duty to enforce.

8.08.060 Investigation and notice of violation.

8.08.070 Time to comply.

8.08.080 Extension of compliance date.

8.08.100 Emergency order.

8.08.110 Summary abatement.

8.08.115 Abatement by owner or other responsible person.

8.08.120 Civil penalty.

8.08.140 Additional relief.

8.08.010 Undesirable growth prohibited.

A. It is a misdemeanor, punishable upon conviction by a fine not to exceed $500.00, for any person to commit any of the following acts:

1. Having ownership and/or control of any parcel of real property upon which grasses, trees, plants, shrubs or vegetation, or parts thereof, are located and overhang any sidewalk or which are growing thereon in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public.

2. Having possession and/or control of any parcel of real property upon which grass, weeds, shrubs, noxious weeds, bushes, trees or vegetation growing or which has grown and died which are a fire hazard, a harborage for rats, animals, pests and a menace to public health, safety or welfare.

3. Having possession and/or control of any parcel of real property upon which grass, weeds, or other similar vegetation, excepting trees and shrubs, exceed an average height of 12 inches.

B. Notwithstanding subsection A of this section, any parcel of land or contiguous segregated parcels of land which, when combined, represent a parcel larger than one acre in size, may comply with these requirements by providing a firebreak along that portion of the perimeter of the parcel which abuts developed property or an improved street. The firebreak shall be a minimum of 20 feet in width, within which all weeds and vegetation, except established trees, shall not exceed 12 inches in height measured above the ground.

C. Notwithstanding subsection A of this section, any designated public parkland, natural area, or environmentally sensitive area, or any parcels of land not immediately adjacent to developed areas or which are used for agricultural purposes are exempt from the provisions of subsection A of this section. (Ord. 1626 § 1, 2007; Ord. 1321 § 1, 1996; Ord. 533 § 1, 1955).

8.08.020 Removal – City to perform work when – Costs.

Repealed by Ord. 1321. (Ord. 533 § 2, 1955).

8.08.030 Exemptions to chapter applicability.

This chapter shall not apply to any property in the city which is in an agriculture zone in said city, according to the zoning ordinance of the city. (Ord. 533 § 3, 1955).

8.08.040 Violations.

A. It is unlawful for any person to create, maintain, carry on or do any of the acts or things declared by this chapter to be a public nuisance.

B. It is a violation of this chapter for anyone to fail to comply with any notice, complaint or order issued in accordance with this chapter. (Ord. 1321 § 3, 1996).

8.08.050 Duty to enforce.

A. It shall be the duty of the enforcement officer to enforce this chapter. The enforcement officer may call upon the police, fire, health or other appropriate city departments to assist in enforcement.

B. Upon presentation of proper credentials, the enforcement officer or duly authorized representative of the officer may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by the weed control code.

C. The weed control code shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.

D. It is the intent of this weed control code to place the obligation of complying with its requirements upon the owner or responsible person for the condition of the land and buildings within the scope of this code.

E. No provisions of or term used in this code is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in civil action.

F. It is unlawful for any person to create, maintain, carry on or do any of the acts or things declared by this chapter to be a public nuisance. (Ord. 1321 § 4, 1996).

8.08.060 Investigation and notice of violation.

A. The enforcement officer shall investigate any premises, structure or use which the officer reasonably believes does not comply with the standards and requirements of the weed control code.

B. If after investigation the enforcement officer determines that the standards or requirements have been violated, the officer may have a notice of violation served upon the owner or responsible person for the condition. The notice of violation shall state separately each standard or requirement violated, shall state what corrective action is necessary to comply with the standards or requirements, and shall set a reasonable time for compliance.

C. The notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person or persons is unknown or service cannot be accomplished and the enforcement officer makes an affidavit to that effect, then service of the notice upon such person or persons may be made by:

1. Publishing the notice once each week for two consecutive weeks in the city official newspaper; and

2. Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known, or, if unknown, to the address of the property involved in the proceedings.

D. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.

E. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to BMC 8.08.090¹ or 8.08.100.

F. The enforcement officer may mail, or cause to be delivered to all residential and/or nonresidential rental units in the structure or post at a conspicuous place on the property, a notice which informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.

G. A notice or an order may be amended at any time in order to:

1. Correct clerical errors; or

2. Cite additional authority for a stated violation.

H. The notice of violation shall not be amended by the enforcement officer to include additional violations as a result of any reinspection for compliance or other purpose except upon a clear showing that the amendment is necessary for the protection of public safety, health and general welfare and that the additional violation did not exist or could not reasonably have been discovered at the time of original inspection. (Ord. 1321 § 5, 1996).

8.08.070 Time to comply.

A. When calculating a reasonable time for compliance, the enforcement officer shall consider the following criteria:

1. The type and degree of violation cited in the notice;

2. The stated intent, if any, of a responsible person or owner to take steps to comply;

3. The procedural requirements for obtaining a permit to carry out corrective action;

4. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and

5. Any other circumstances beyond the control of the responsible person or owner.

B. Unless a request for extension of compliance date is made in accordance with BMC 8.08.080 the notice of violation shall become the final order of the enforcement officer. A copy of the notice shall be filed with the Skagit County auditor. The enforcement officer may choose not to file a copy of the notice or order if the notice or order is directed only to a responsible person other than the owner of the property.

C. Failure to comply with a notice from the enforcement officer shall constitute a public nuisance. (Ord. 1321 § 6, 1996).

8.08.080 Extension of compliance date.

An extension of time for compliance with a notice of violation may be granted in writing by the enforcement officer upon receipt of a written request therefor. The enforcement officer may without a written request grant an extension of time after finding that required actions have been started and that the work is progressing at a satisfactory rate. (Ord. 1321 § 7, 1996).

8.08.100 Emergency order.

A. Whenever any use or activity in violation of this code threatens the health and safety of the occupants of the premises or any member of the public, the enforcement officer may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an emergency order shall constitute a violation of this weed control code.

B. Any condition described in the emergency order which is not corrected within the time specified is declared to be a public nuisance and the enforcement officer is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or responsible person or both in the manner provided by law. (Ord. 1321 § 8, 1996).

8.08.110 Summary abatement.

A. The city council may, after a report has been filed by the enforcement officer and the property owner or other responsible person for the condition has had an opportunity to be heard, by resolution require such person to abate a nuisance by removal and proper disposal of weeds from the property at such person’s cost and expense within a time specified in the resolution; and if the removal and disposal is not accomplished within the time specified, the enforcement officer may abate the nuisance and recover the cost and expense thereof plus 15 percent in a civil action in municipal court. Costs shall include any and all court costs and attorney’s fees occasioned in gaining access to the property for purposes of abatement.

B. The enforcement officer may also seek relief in superior court to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this chapter when the civil or criminal remedies provided in this chapter are inadequate to effect compliance. (Ord. 1321 § 9, 1996).

8.08.115 Abatement by owner or other responsible person.

If and when an owner or other responsible person shall undertake to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the enforcement officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to the abatement. (Ord. 1321 § 10, 1996).

8.08.120 Civil penalty.

A. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of this chapter shall be subject to a cumulative penalty in the amount of $75.00 per day for each violation from the date set for compliance until the order is complied with.

B. The penalty imposed by this section shall be collected by civil action brought in the name of the city. The enforcement officer shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall, with the assistance of the enforcement officer, take appropriate action to collect the penalty.

C. The violator may show as full or partial mitigation of liability:

1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or

2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant. (Ord. 1321 § 11, 1996).

8.08.140 Additional relief.

The enforcement officer may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this weed control code when civil or criminal penalties are inadequate to effect compliance. (Ord. 1321 § 12, 1996).

Chapter 8.12
NUISANCES

Sections:

8.12.010 Definitions.

8.12.020 Types of nuisances.

8.12.030 Violations.

8.12.040 Duty to enforce.

8.12.050 Disposal of diseased animal carcass.

8.12.055 Graffiti removal fund and graffiti removal.

8.12.060 Investigation and notice of violation.

8.12.070 Time to comply.

8.12.080 Extension of compliance date.

8.12.090 Stop work order.

8.12.100 Emergency order.

8.12.110 Summary abatement.

8.12.115 Abatement by owner or other responsible person.

8.12.120 Civil penalty.

8.12.130 Criminal penalties.

8.12.140 Additional relief.

8.12.010 Definitions.

A. “Abate” means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such manner and to such an extent as the enforcement officer, in his or her judgment, determines is necessary in the interest of the general health, safety and welfare of the community.

B. “Building materials” means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.

C. “Enforcement officer” means the code enforcement officer in the Burlington police department or any alternate designated by the chief of police.

D. “Garbage” means all discarded putrescible waste matter, including small dead animals weighing not over 15 pounds, but not including sewage or human or animal excrement.

E. “Graffiti” means the defacing, damaging or destroying by spraying of paint or marking of ink, chalk, dye or other similar substances on public or private buildings, structures, vehicles and places.

F. “Graffiti abatement” means the abatement procedure which identifies graffiti, issues notices to the property owner to abate the graffiti, and cures in the absence of response.

G. “Litter” means refuse such as, but not limited to, disposable packages and containers susceptible of being dropped, discarded or otherwise disposed of upon any property.

H. “Premises” means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips.

I. “Refuse” means either garbage or rubbish or both garbage and rubbish, and includes litter.

J. “Responsible person” means any agent, lessee or other person occupying or having charge or control of any premises, except the owner.

K. “Rubbish” means all discarded nonputrescible waste matter. (Ord. 1352 § 1, 1997; Ord. 1207 § 1, 1992; Ord. 1148 § 2, 1989).

8.12.020 Types of nuisances.

Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the enforcement officer determines that any of these conditions exist upon any premises, whether residential, commercial or industrial, or in any lake, river, stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter:

A. The existence of any weeds, trash, dirt, filth, the carcass of any animal, waste, shrubs, accumulation of lawn or yard trimmings or other offensive matter.

B. The existence of any dead, diseased, infested or dying tree that may constitute a danger to street trees, streets or portions thereof.

C. The existence of any tree, shrub or foliage, unless by consent of the city, which is apt to destroy, impair, interfere or restrict:

1. Streets, sidewalks, sewers, utilities or other public improvements; and

2. Visibility on or free use of, or access to such improvements.

D. The planting, setting, placing or installation of any shrub, bush or tree in any public parking strip or other public place except on approval of the city supervisor. The following trees are prohibited in any public parking strip: Poplar, willow, cottonwood, fruit woods (except ornamental type), nut trees, ailanthus, mountain ash and Oregon or big leaf maple.

E. The existence of any vines or climbing plants growing into or over any street tree, or any public hydrant, pole or transformer, or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto.

F. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard.

G. The existence of a sidewalk or portion of a sidewalk adjacent to any premises which is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience in the use of such sidewalk.

H. The burning or disposal of refuse, sawdust or any other material without a permit.

I. The existence of any obstruction to a street, alley, crossing or sidewalk, and any excavation in or under any street, alley, crossing or sidewalk, which is by ordinance prohibited, or which is made without lawful permission, or which, having been made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, and for an unreasonable length of time.

J. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things:

1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing in this chapter shall prevent the temporary retention of waste in approved covered receptacles;

2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodorous;

3. Any filthy, littered or trash-covered dwellings, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or premises;

4. Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the city;

5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, whether growing or otherwise; but nothing in this chapter shall prevent the temporary retention of such weeds in approved covered receptacles;

6. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or galvanized iron receptacles;

7. Any trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw or other packing materials, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire hazard;

8. Any litter, refuse, rubbish or garbage.

K. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, park, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material.

L. The storage or keeping on any premises for more than 30 days of any used or unused building materials as defined in BMC 8.12.010, whose retail cost new would exceed $100.00, without a special permit from the building official; provided, that nothing herein shall:

1. Prohibit such storage without a permit when done in conjunction with a construction project for which a building permit has been issued and which is being prosecuted diligently to completion;

2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard, dealer in building materials or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable laws; and

3. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws.

M. The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition.

N. The existence or maintenance on any premises of a storage area, junkyard or dumping ground for the wrecking or disassembling of automobiles, trucks, trailers, house trailers, boats, tractors or other vehicle or machinery of any kind, or for the storing or leaving of worn out, wrecked, inoperative or abandoned automobiles, trucks, trailers, house trailers, boats, tractors or other vehicle or machinery or any major parts thereof.

O. The existence on any premises of any abandoned or unused well, cistern or storage tank without first demolishing or removing from the city such storage tank or securely closing and barring any entrance or trapdoor thereto or without filling any well or cistern or capping the same with sufficient security to prevent access thereto by children.

P. The existence on any premises, in a place accessible to children, of any unattended and/or discarded icebox, refrigerator or other large appliance.

Q. The existence of any drainage onto or over any sidewalk or public pedestrian way.

R. The existence or maintenance of graffiti, and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates, vehicles, signs, road surfaces and other structures, trees, and all other real and personal property within the city.

S. The existence of any strong or offensive odor at the property line, including but not limited to rotting or decaying fish or other dead animals, rotting garbage, animal manure, strong chemical smells, and other strong or offensive odors.

T. Any other activity which has been declared a public nuisance by ordinances of the city as they currently exist or may hereafter be amended. (Ord. 1352 § 1, 1997; Ord. 1207 § 2, 1992; Ord. 1148 § 3, 1989).

8.12.030 Violations.

A. It is a violation of this chapter for any responsible person or owner to permit, maintain, suffer, carry on or allow, upon any premises or in any lake, river, stream, drainage way or wetlands, any of the acts or things declared by this chapter to be a public nuisance.

B. It is unlawful for any person to create, maintain, carry on or do any of the acts or things declared by this chapter to be a public nuisance.

C. It is a violation of this chapter for anyone to fail to comply with any notice, complaint or order issued in accordance this chapter.

D. It shall be unlawful for any person to write, paint, or draw upon any wall, rock, bridge, building, fence, gate, vehicle, sign, road surface or other structure, tree, or other real or personal property, either publicly or privately owned, any drawing, inscription, figure or mark of the type which is commonly known and referred to as “graffiti” within the city. Violation of this section shall be considered a misdemeanor and shall be punishable as set forth in chapter 1.24 BMC. (Ord. 1352 § 3, 1997; Ord. 1207 § 3, 1992; Ord. 1148 § 4, 1989).

8.12.040 Duty to enforce.

A. It shall be the duty of the enforcement officer to enforce this chapter. The enforcement officer may call upon the police, fire, health or other appropriate city departments to assist in enforcement.

B. Upon presentation of proper credentials, the enforcement officer or duly authorized representative of the officer may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by the nuisance code.

C. The nuisance code shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.

D. It is the intent of this nuisance code to place the obligation of complying with its requirements upon the owner or responsible person for the condition of the land and buildings within the scope of this code.

E. No provisions of or term used in this code is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in civil action.

F. It is unlawful for any responsible person or owner to permit, maintain, suffer, carry on or allow, upon any premises or in any lake, river, stream, drainage way or wetlands, any of the acts or things declared by this chapter to be a public nuisance.

G. It is unlawful for any person to create, maintain, carry on or do any of the acts or things declared by this chapter to be a public nuisance.

H. It is unlawful for anyone to deposit, throw, keep or place any garbage, rubbish, refuse or litter on any property, public or private, or in any public place except in garbage cans, or detachable containers where authorized, placed on private property or placed on the street or alley for collection when necessary, authorized or required. The owner or responsible person who is responsible for the condition of private property shall be responsible for removing any unlawful garbage, rubbish, refuse and litter. (Ord. 1207 § 4, 1992).

8.12.050 Disposal of diseased animal carcass.

Every person owning or having in charge any animal that has died or been killed on account of disease shall immediately bury the carcass thereof at least three feet underground at a place approved by the city health officer, or cause the same to be consumed by fire. No person shall sell or offer to sell or give away the carcass of any animal which died or was killed on account of disease. (Ord. 1207 § 5, 1992; Ord. 1148 § 5, 1989).

8.12.055 Graffiti removal fund and graffiti removal.

A. The city hereby creates a graffiti removal fund which will accept donations or fines levied for violations of the graffiti provisions of this code. The funds shall be for supplies for the removal of graffiti.

B. Whenever the enforcement officer determines that graffiti exists on any public or private buildings, structures, vehicles and places which are visible to any person utilizing any public road, parkway, alley, sidewalk or other right-of-way within the city, and when seasonable temperatures permit the painting of exterior surfaces, the enforcement officer shall cause a notice to be issued that there is graffiti and that the graffiti must be removed within 10 days of the notice, or the city will remove the graffiti using funds donated for that purpose.

C. Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter as enforcement officer approves, the enforcement officer is authorized and directed to cause the graffiti to be abated by the city or by private contract, and the city or its private contractor is expressly authorized to enter upon the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate or cover graffiti shall be as close as practicable to the background color(s). If the enforcement officer provides for the removal of the graffiti, the city shall not authorize nor undertake to provide for the painting or repair of any more extensive area than the area where the graffiti is located.

D. Property owners may consent in advance to city entry onto private property for graffiti removal purposes. (Ord. 1352 § 4, 1997).

8.12.060 Investigation and notice of violation.

A. The enforcement officer shall investigate any premises, structure or use which the officer reasonably believes does not comply with the standards and requirements of the nuisance code.

B. If after investigation the enforcement officer determines that the standards or requirements have been violated, they may have a notice of violation served upon the owner or responsible person for the condition. The notice of violation shall state separately each standard or requirement violated, shall state what corrective action is necessary to comply with the standards or requirements; and shall set a reasonable time for compliance.

C. The notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person or persons is unknown or service cannot be accomplished and the enforcement officer makes an affidavit to that effect, then service of the notice upon such person or persons may be made by:

1. Publishing the notice once each week for two consecutive weeks in the city official newspaper; and

2. Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known, or if unknown, to the address of the property involved in the proceedings.

D. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.

E. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to BMC 8.12.090 or 8.12.100.

F. The enforcement officer may mail, or cause to be delivered to all residential and/or nonresidential rental units in the structure or post at a conspicuous place on the property, a notice which informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.

G. A notice or an order may be amended at any time in order to:

1. Correct clerical errors; or

2. Cite additional authority for a stated violation.

H. The notice of violation shall not be amended by the enforcement officer to include additional violations as a result of any reinspection for compliance or other purpose except upon a clear showing that the amendment is necessary for the protection of public safety, health and general welfare and that the additional violation did not exist or could not reasonably have been discovered at the time of original inspection. (Ord. 1207 § 6, 1992; Ord. 1148 § 6, 1989).

8.12.070 Time to comply.

A. When calculating a reasonable time for compliance, the enforcement officer shall consider the following criteria:

1. The type and degree of violation cited in the notice;

2. The stated intent, if any, of a responsible person or owner to take steps to comply;

3. The procedural requirements for obtaining a permit to carry out corrective action;

4. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and

5. Any other circumstances beyond the control of the responsible person or owner.

B. Unless a request for extension of compliance date is made in accordance with BMC 8.12.080 the notice of violation shall become the final order of the enforcement officer. A copy of the notice shall be filed with the Skagit County auditor. The enforcement officer may choose not to file a copy of the notice or order if the notice or order is directed only to a responsible person other than the owner of the property. (Ord. 1207 § 7, 1992).

8.12.080 Extension of compliance date.

An extension of time for compliance with a notice of violation may be granted in writing by the enforcement officer upon receipt of a written request therefor. The enforcement officer may without a written request grant an extension of time after finding that required actions have been started and that the work is progressing at a satisfactory rate. (Ord. 1207 § 8, 1992).

8.12.090 Stop work order.

Whenever a continuing violation of this code will materially impair the enforcement officer’s ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, the enforcement officer may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. A failure to comply with a stop work order shall constitute a violation of this nuisance code. (Ord. 1207 § 9, 1992).

8.12.100 Emergency order.

A. Whenever any use or activity in violation of this code threatens the health and safety of the occupants of the premises or any member of the public, the enforcement officer may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall

specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an emergency order shall constitute a violation of this nuisance code.

B. Any condition described in the emergency order which is not corrected within the time specified is declared to be a public nuisance and the enforcement officer is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or responsible person or both in the manner provided by law. (Ord. 1207 § 10, 1992).

8.12.110 Summary abatement.

A. The city council may, after a report has been filed by the enforcement officer and the property owner or other responsible person for the condition has had an opportunity to be heard, by ordinance require such person to abate a nuisance by removal and proper disposal of the refuse, or other nuisance listed in BMC 8.12.020, from the property at such person’s cost and expense within a time specified in the ordinance; and if the removal and disposal is not accomplished within the time specified, the enforcement officer may abate the nuisance and recover the cost and expense thereof plus 15 percent in a civil action in municipal court.

B. The enforcement officer may also seek relief in superior court to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this chapter when the civil or criminal remedies provided in this chapter are inadequate to effect compliance. (Ord. 1207 § 11, 1992; Ord. 1148 § 7, 1989).

8.12.115 Abatement by owner or other responsible person.

If and when an owner or other responsible person shall undertake to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the enforcement officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to the abatement. (Ord. 1207 § 12, 1992; Ord. 1148 § 8, 1989).

8.12.120 Civil penalty.

A. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of this chapter shall be subject to a cumulative penalty in the amount of $75.00 per day for each violation from the date set for compliance until the order is complied with.

B. The penalty imposed by this section shall be collected by civil action brought in the name of the city. The enforcement officer shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall, with the assistance of the enforcement officer, take appropriate action to collect the penalty.

C. The violator may show as full or partial mitigation of liability:

1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or

2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant. (Ord. 1207 § 13, 1992; Ord. 1148 § 10, 1989).

8.12.130 Criminal penalties.

A. Any person violating or failing to comply with any of the provisions of this nuisance code and who has had a judgment entered against him or her pursuant to BMC 8.12.020 within the past five years shall be subject to criminal prosecution and upon conviction of a subsequent violation shall be fined in a sum not exceeding $5,000 or be imprisoned in the city jail for a term not exceeding one year or be both fined and imprisoned. Each day of noncompliance with any of the provisions of this nuisance code shall constitute a separate offense.

B. A criminal penalty, not to exceed $5,000 per occurrence, may be imposed:

1. For violations of BMC 8.12.050;

2. For any other violation of this code for which corrective action is not possible;

3. For any willful, intentional, or bad faith failure or refusal to comply with the standards or requirements of this code. (Ord. 1207 § 14, 1992).

8.12.140 Additional relief.

The enforcement officer may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this nuisance code when civil or criminal penalties are inadequate to effect compliance. (Ord. 1207 § 15, 1992).

Chapter 8.16
FALSE ALARMS

Sections:

8.16.010 Purpose.

8.16.020 Definitions.

8.16.030 Emergency response card – Violation – Abatement.

8.16.040 Unlawful activation or report of alarm.

8.16.050 False alarms – Fees assessed.

8.16.060 Administrative decision – Notice.

8.16.070 Appeal from administrative decision – Finality.

8.16.080 Penalty.

8.16.010 Purpose.

The purpose of this chapter is to reduce the number of false alarms occurring within the city and the resultant waste of city resources and potential dangers to citizens and public safety officers, by providing for corrective administrative action, including fees, potential disconnection and criminal penalties for violations. (Ord. 1161 § 1, 1990).

8.16.020 Definitions.

The following definitions shall be applied in construing the provisions of this chapter:

A. “Chief of police” means the Burlington police chief or his designee.

B. “False alarm” means the activation of a burglary and/or robbery alarm by other than a forced entry, attempted forced entry, unlawful entry, robbery or attempted robbery on the premises and at a time when no robbery, burglary or other crime involving a foreseeable risk of grievous bodily harm is being committed or attempted on the premises.

C. “Owner” means the person in custody or control of a premises having a burglary and/or robbery alarm.

D. “Person” means any natural person, partnership, corporation, joint stock company, or unincorporated association or society.

E. “Response” shall be deemed to have occurred when the Burlington police department begins to proceed towards the premises as a result of the activation of the alarm. (Ord. 1161 § 2, 1990).

8.16.030 Emergency response card – Violation – Abatement.

A. It is unlawful to have or maintain on any premises within the city a burglary and/or robbery alarm unless there is on file, with the Burlington police department, an emergency response card containing the names of persons who have consented and are authorized and given the means to enter such premises and turn off any alarms and current telephone numbers at which such persons can be reached at all times. This prohibition shall not apply to anyone who did not know of the existence of this chapter, unless the city establishes that it provided actual notice of the chapter to the violator.

B. It is unlawful for any such authorized person to fail to appear and turn off any such alarm located on a nonresidential premises within one hour after being notified by the Burlington police department that their failure to do so could result in their being fined.

C. Any alarm audible upon abutting property for a period in excess of one hour is declared to be a public nuisance and may be summarily abated by the Burlington police department, provided one or more persons listed on an emergency response card on file with the Burlington police department, if any, has been requested to shut off the alarm and afforded a reasonable period of time not to exceed one hour to do so. (Ord. 1161 § 3, 1990).

8.16.040 Unlawful activation or report of alarm.

It is unlawful for anyone to activate any robbery or burglary alarm for the purpose of summoning police except in the event of an actual or attempted burglary or robbery in progress. It is unlawful for anyone notifying the police of an activated alarm and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system to fail at the same time to notify the police of such apparent malfunction. (Ord. 1161 § 4, 1990).

8.16.050 False alarms – Fees assessed.

For a police response to any false alarm the chief of police shall charge and collect from the person having or maintaining such burglary and/or robbery alarm on premises owned or occupied by him, and such person shall pay fees as follows:

A. For a response to premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” no fee shall be charged, but the person having or maintaining such a burglary and/or robbery alarm shall within three working days after notice to do so make a written report to the chief of police on forms prescribed by him setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person, and such other information as the chief of police may reasonably require to determine the cause of such false alarm and corrective action necessary.

B. For a second response to premises within six months after a first response no fee shall be charged, but a written report shall be required as in the case of a first response and the chief of police shall be authorized to inspect or cause to be inspected, at owner’s expense, the alarm system at such premises, prescribe necessary corrective action, and shall give notice to the person having or maintaining such alarm system of the conditions and requirements of this section.

C. For a third response to the premises within six months after a second response, and for all succeeding responses, a fee of $50.00 shall be charged and if such third false alarm, or any such succeeding false alarm, is as a result of failure to take necessary corrective action prescribed by the chief of police, said chief of police may order the disconnection of such alarm system and it shall be unlawful to reconnect such alarm system until after such corrective action is taken; provided, that no disconnection shall be ordered as to any premises required by law to have an alarm system in operation. (Ord. 1446 § 1, 2000; Ord. 1412 § 1, 1999; Ord. 1161 § 5, 1990).

8.16.060 Administrative decision – Notice.

A. Notice of imposition of any administrative sanction, including the imposition of a fee and/or order of disconnection under the provisions of this chapter shall be sent by mail or delivered personally to the owner; provided that with respect to business premises, mailing or personal delivery to the manager or chief administrative agent regularly assigned or employed at the premises at the time of occurrence of a false alarm shall be deemed to be mailing or personal delivery to the owner.

B. The notice shall specify the sanctions imposed and shall advise the owner that sanctions will be imposed unless he requests a hearing with the city supervisor by filing a written request with the city supervisor within 10 days of the date of the notice. (Ord. 1161 § 6, 1990).

8.16.070 Appeal from administrative decision – Finality.

A. Any person subject to the imposition of a fee, order of disconnection or other administrative sanction under the terms of this chapter shall have a right to a hearing before the city mayor or his designee upon filing a timely written request.

B. The request for a hearing must be made in writing and filed with the city mayor or his designee within 10 days of the date of notice of administrative decision required herein. Upon receipt of a timely written request, the city mayor or his designee shall schedule a hearing date and inform the owner of the date, time and place of the hearing. The city mayor or his designee shall consider the record of past false alarms, any corrective action taken and any inspection reports on the cause of the false alarm. If the city mayor or his designee determines that the false alarms are not caused by the owner or his employees or agents and that reasonable steps have been taken to correct the problem, the fee or other sanction may be suspended, in whole or in part. The city mayor or his designee shall keep a written report of the hearing including a statement of reasons for whatever action is taken.

C. Administrative sanctions imposed pursuant to this chapter shall become final upon expiration of the period for filing an appeal when no timely appeal is filed, or upon announcement of a decision on the appeal when a timely appeal has been filed. (Ord. 1161 § 7, 1990).

8.16.080 Penalty.

Unless otherwise provided, any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not more than $1,000. (Ord. 1161 § 8, 1990).

Chapter 8.20
CAMPING

Sections:

8.20.010 Camping defined.

8.20.020 Private camping prohibited.

8.20.030 Residential occupancy or use prohibited.

8.20.040 Public camping prohibited.

8.20.050 Penalty.

8.20.010 Camping defined.

A. “Camping” means the use of any public or private property for living accommodation purposes including but not limited to any of the following:

1. Erecting any tent, tarpaulin, shelter, or other structure that would permit one to sleep overnight;

2. Using a recreational vehicle for the purposes of sleeping.

B. Notwithstanding subsection A of this section, “camping” shall not include sleeping in a public or private place during daylight hours as long as no tent, tarpaulin, shelter, or other structure has been erected.

C. “Recreational vehicle” means a vehicle-type portable structure without permanent foundation designed and manufactured for recreational use, which can be towed, hauled or driven. This definition includes, but is not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes. Recreational vehicles designed as temporary living units are prohibited as permanent dwelling units. “Permanent” for the purpose of this section is defined as occupancy by a person(s) for more than a 30-day period in one consecutive 12-month period. (Ord. 1618 § 1, 2007).

8.20.020 Private camping prohibited.

A. It is unlawful for any person to engage in camping in the city of Burlington on any private property within the zoned areas designated as OSP, B-1, C-1, C-2, M-1 and the business park district except in camping or trailer parks approved by the city with necessary water, sanitary facilities and electrical connections.

B. Exception. The occupants of each single-family residence in the city, regardless of zoning district, may camp in no more than one recreational vehicle for up to seven days without a permit issued by the city, and for an extended period not to exceed 30 days upon issuance of a temporary use permit by the city planning director.

1. The permit issued must be affixed to the recreational vehicle in such a manner that it is prominently displayed and visible, to the extent possible, from the public right-of-way.

2. Recreational vehicles meeting the requirements of this subsection may be parked in a front yard, need not be sight-screened and need not comply with accessory structure setback requirements for the effective period of the permit.

3. Each residence will be limited to one temporary use permit within any six-month period. (Ord. 1618 § 1, 2007).

8.20.030 Residential occupancy or use prohibited.

A. Recreation vehicles as defined in BMC 8.20.010(C) shall not have connections to residential sewer systems or any permanent connections to other residential utilities. Recreational vehicles shall not be used as a residence and shall not be occupied for temporary use for more than 30 days in a consecutive 12-month period, except as may be provided in designated trailer and RV parks.

B. No recreational vehicle or manufactured home shall be used as an accessory structure to a residence, nor to accommodate a residential accessory use. (Ord. 1618 § 1, 2007).

8.20.040 Public camping prohibited.

It is unlawful for any person to engage in camping in any park or playfield owned by the city, or on any sidewalk, street, alley, lane, public right-of-way, or under any bridge or viaduct, or in any other public place to which the general public has access, except in park areas explicitly designated by the city director of parks and recreation. (Ord. 1618 § 1, 2007).

8.20.050 Penalty.

Violation of BMC 8.20.020, 8.20.030 or 8.20.040 shall be a misdemeanor. (Ord. 1618 § 1, 2007).

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Footnotes

1. Code reviser’s note: There is no section numbered 8.08.090.