10.75.020 Definitions.
For purposes of this chapter:
(1) "Abandoned property" means a property over which the person in charge no longer asserts control due to death, incarceration, or any other reason, and which is either unsecured or subject to occupation by an unauthorized person.
(2) "Abate" means to remedy a condition or resolve an activity which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the enforcement official determines is necessary to the interest of the general health, safety, and welfare of the community.
(3) "Chronic nuisance property" means:
(a) Any property which, upon a request for execution of a search warrant, has been the subject of a determination by a court two or more times within a 12-month period that probable cause exists that illegal possession, manufacture or delivery of a controlled substance or related offenses as defined in chapter 69.50 RCW has occurred on the property.
(b) Any abandoned property where nuisance activity exists.
(c) A single-family residential property, a single-unit non-residential property, a single unit in a multi-family residential property, or a single unit within a multi-tenant property for which:
(i) Four or more nuisance activities exist or have occurred on the property during any 90-day period, or
(ii) Eight or more nuisance activities exist or have occurred on the property during any 365-day period.
(4) "Control" means the ability to direct, determine, allow, and/or restrain the conditions and/or activities located on or occurring on a property, and/or the authority to direct, determine, allow, and/or restrain other people that are present or otherwise occupy a property.
(5) "Enforcement official" means the Snohomish County sheriff or her/his designee.
(6) "Nuisance activity" means:
(a) Any activity, behavior, or conduct constituting:
(i) Criminal mischief as defined in RCW 9A.84.010;
(ii) Disorderly conduct as defined in RCW 9A.84.030;
(iii) Gang related activity as defined by RCW 59.18.030;
(iv) Indecent exposure and prostitution offenses as defined in chapter 9A.88 RCW;
(v) Animal cruelty as defined in chapter 16.52 RCW;
(vi) Drug-related offenses as defined in chapter 69.50 RCW;
(vii) Precursor drug-related offenses as defined in chapter 69.43 RCW;
(viii) Unlawful inhalation of toxic fumes as defined in chapter 9.47A RCW;
(ix) Violation of an off-limits order as defined in chapter 10.66 RCW;
(x) Firearm and dangerous weapon offenses as defined in chapter 9.41 RCW;
(xi) Possession of stolen property offenses as defined in chapter 9A.56 RCW;
(xii) Warrant arrests conducted under authority of a warrant per RCW 10.31.030;
(xiii) Vehicle wrecking offenses as defined in RCW 46.80.020;
(b) Multiple nuisance activities contained in a single law enforcement incident report are not counted as separate nuisance activities.
(c) Law enforcement response generated by calls for service to aid victims on the property shall not be counted as nuisance activity.
(7) "Owner" means one or more persons, jointly or severally, in whom is vested all or any part of the legal title to property, or all or part of the beneficial ownership and a right to present use and enjoyment of the property, including any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building or land.
(8) "Person" means an individual, group of individuals, corporation, government or governmental agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(9) "Person in charge" means any person in actual or constructive possession of the property, including but not limited to an owner, lessee, tenant or occupant with control of the property.
(10) "Property" means any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, grounds, vacant lots, abandoned property, facilities, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent.
(11) "RCW" means the Revised Code of Washington, as in effect at the date of enactment of the ordinance codified in this chapter or as thereafter amended. (Added by Amended Ord. 18-013, Mar. 28, 2018, Eff date Apr. 9, 2018; Amended by Ord. 21-015, Apr. 14, 2021, Eff date May 1, 2021).