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SubjectsLegalNuisances › Property Maintenance and Clean-Up Programs
Updated 08/2010

Property Maintenance and Clean-Up Programs

Contents

About Property Maintenance

The failure to maintain property directly impacts property values of adjacent property and, in the worst case, can provide an area that attracts criminal activities. To protect a neighborhood from deterioration, a number of local governments have established property maintenance standards. There is a limit, however, on how far a jurisdiction may go in regulating unsightly areas on private property. It is an open question in this state whether our courts would uphold a beautification ordinance or a property maintenance or appearance code if the regulation is based purely upon aesthetic grounds. Some cities wrap a general nuisance ordinance in language that addresses property standards, such as the example from SeaTac. The premise is that failure to provide minimum maintenance creates unsanitary and unsafe conditions, negatively impacts the aesthetic value of the community, and reduces property values.

Washington court cases, such as Lenci v. City of Seattle, 63 Wn.2d 664, 677-678 (1964), Polygon Corp. V. City of Seattle, 90 Wn.2d 59, 70 (1978), and Duckworth v. City of Bonney Lake, 91 Wn.2d 19, 30 (1978), indicate that municipal regulations may be based in part on aesthetic considerations. However, these cases suggest that there must also be public health, safety, or welfare issues present in order to justify a municipal regulation under the police power.

Local governments considering property standards need to work with legal counsel to make sure that the necessary procedural requirements are included in any public nuisance or property maintenance ordinance and that staff responsible for enforcement receive the necessary training.

Programs to Clean Up Property

Sample Property Maintenance Ordinance Provisions

  • Arlington Municipal Code Ch. 16.24 (Adobe Acrobat Document) - 2003 International Property Maintenance Code
  • Kennewick Municipal Code Ch. 9.44 (Adobe Acrobat Document) - Environmental Conservation Code
  • Lynnwood Municipal Code Ch. 16.08 - Regulation and Abatement of Unsafe and Unsanitary Structures
  • North Bend Municipal Code Ch. 19.24 - Historic District - Minimum Maintenance
  • SeaTac Municipal Code Ch. 7.15 - Property Maintenance
  • SeaTac Municipal Code Ch. 13.210 - Property Maintenance (International Property Maintenance Code)
  • Seattle Housing and Building Maintenance Code (Adobe Acrobat Document), effective 03/23/2003
  • Spokane Municipal Code Ch. 17F.070 - Existing Building and Property Conservation Code
  • Vancouver Municipal Code Ch. 17.14 - Minimum Property Maintenance Code