10.75.070 Commencement of action – Enforcement.
(1) The enforcement official may refer a chronic nuisance property to the prosecuting attorney if:
(a) The owner and/or person in charge of the property fails to timely respond to the notice described in SCC 10.75.050;
(b) The owner and/or person in charge of the property fails to enter into an abatement agreement as described in SCC 10.75.060;
(c) After entering into an abatement agreement as described in SCC 10.75.060, the owner and/or person in charge fails to abide by the terms of the abatement agreement and the nuisance activities persist on the property; or
(d) Regardless of whether the nuisance activities were previously abated pursuant to an abatement agreement, nuisance activities resume at the property within six months of service of the notice described in SCC 10.75.050.
(2) The prosecuting attorney may initiate an action in the superior court to abate a chronic nuisance property, to impose penalties pursuant to this chapter, to seek alternative remedies under state or local laws, and to seek any other relief authorized by law. The prosecuting attorney shall file a formal lis pendens notice when an action for abatement is filed.
(3) In any action filed, the county shall have the initial burden of proving by a preponderance of evidence that the property is a chronic nuisance property. Law enforcement reports, reports of other county departments, and affidavits may be offered as evidence of chronic nuisance activity. The fact no one has been prosecuted or convicted of a crime constituting nuisance activity is not a defense to a chronic nuisance action.
(4) The enforcement official shall convene a task force to review compliance under this chapter and to provide a quarterly report to the county council. The task force shall include the enforcement official and a representative each from the sheriff’s office, prosecuting attorney’s office, and the department of planning and development services. (Added by Amended Ord. 18-013, Mar. 28, 2018, Eff date Apr. 9, 2018).