HomeMy WebLinkAbout05/05/2026 07.J. Ordinance amend YMC 11.45 chronic nuisance properties re animal control ord r 'V
ii
.....#0
S _�ii
i i l
• i
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.J.
For Meeting of: May 5, 2026
ITEM TITLE: Ordinance amending Yakima Municipal Code 11.45, Chronic
Nuisance Properties (No Budgetary Impact)
SUBMITTED BY: Brooke Hargreaves, Senior Assistant City Attorney
SUMMARY EXPLANATION:
This is a housekeeping item to amend the definition of"nuisance activity"within the Chronic Nuisance
ordinance, Yakima Municipal Code 11.45.010(6)(f), to align with the recently amended animal control
ordinance. The definition of"nuisance activity" in the Chronic Nuisance ordinance currently includes
"Control of dogs violation involving level 2 or level 3 behavior as defined in YMC 6.20.130." The
behavior is still described in YMC 6.20.130 but the use of the term "levels" was removed from the animal
control ordinance when it was amended in 2023 and 2025.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION: Pass Ordinance.
ATTACHMENTS:
Ord-YMC 11.45.010_redline.pdf
Ord-YMC 11.45.010.doc
86
ORDINANCE NO. 2026-
AN ORDINANCE amending City of Yakima Municipal Code Section 11.45.010,
Chronic Nuisance Properties Definitions, to reflect changes to the
recently amended animal control ordinance.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 11.45.010(6)(F), Chronic Nuisance Properties Definitions, of the
City of Yakima Municipal Code is hereby amended to read as follows:
11.45.010 Definitions
For purposes of this chapter, the following words or phrases shall have the meaning
prescribed below:
(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 unauthorized individuals.
(2) "Abate" means to repair, replace, remove, destroy, or otherwise remedy a
condition which constitutes a violation of this chapter by such means and in such a
manner and to such an extent as the chief of police determines is necessary in the
interest of the general health, safety and welfare of the community.
(3) "Chief of police" means the chief of the Yakima police department or his or her
designees.
(4) "Control" means the power or ability to direct or determine conditions, conduct, or
events occurring on a property.
(5) "Chronic nuisance property" means:
A. A property on which two or more nuisance activities exist or have occurred
during any sixty-day period or five or more nuisance activities have occurred
during any twelve-month period, or
B. A 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 twelve-
month period that probable cause exists that illegal possession, manufacture
or delivery of a controlled substance or related offenses as defined in RCW
Chapter 69.50 has occurred on the property, or
C. An abandoned property where two nuisance activities occurred during any
twelve-month period.
(6) "Nuisance activity" includes:
A. A "most serious offense" as defined in RCW Chapter 9.94A;
B. A "drug-related activity" as defined in RCW 59.18.130;
1
87
C. Any of the following activities, behaviors or criminal conduct:
Assault, fighting, harassment or reckless endangerment, as defined in YMC
Title 6 or RCW Chapter 9A.36;
Promoting, advancing or profiting from prostitution as defined in RCW
Chapter 9A.88;
Prostitution, as defined in YMC Title 6;
Permitting prostitution, as defined in YMC Title 6;
Obstructing pedestrian or vehicular traffic, as defined in YMC Title 6;
Public disturbance noise, as defined in YMC Title 6;
Weapons violations, as defined in YMC Title 6 or the Revised Code of
Washington;
Drug traffic loitering and/or loitering for purposes of prostitution, as defined in
YMC Title 6;
Criminal-street-gang-related offense and/or pattern of criminal street gang
activity, as defined in YMC Title 6.
D. Any arrest pursuant to a warrant of arrest where a person in charge of the
property had prior knowledge of the warrant;
E. A fire not contained within an approved fuel burning appliance that causes
damage to any property;
F. Control of dogs violation involving any of the level 2 or level 3 behavior
defined describe( in YMC 6.20.130(2) through (5);
G. Alcohol beverage control violations, as defined in RCW Chapter 66.44;
H. Trespass crimes, as defined in YMC Chapter 6.47 or RCW Chapter 9A.52, on
abandoned property.
(7) "Owner" means any person who, alone or with others, has title or interest in any
property.
(8) "Person" means an individual, group of individuals, corporation, partnership,
association, club, company, business trust, joint venture, organization, or any other
legal or commercial entity or the manager, lessee, agent, officer or employee of
any of them.
(9) "Person in charge" of a property means the owner and, if different than the owner,
any other person in actual or constructive possession of a property, including but
not limited to a lessee, tenant, occupant, agent, or manager of a property under his
or her control.
2
88
(10) "Property" means any land and that which is affixed, incidental or appurtenant to
land, including but not limited to any business or residence, parking area, loading
area, landscaping, building or structure or any separate part, unit or portion thereof.
(11) "RCW' means the Revised Code of Washington.
(12) "YMC" means the Yakima Municipal Code. (Ord. 2020-014 § 1 (part), 2020: Ord.
2010-18 § 1 (part), 2010).
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 5th day of May, 2026.
Matt Brown, Mayor
ATTEST:
Rosalinda Ibarra, CMC, City Clerk
Publication Date:
Effective Date:
3
89
ORDINANCE NO. 2026-
AN ORDINANCE amending City of Yakima Municipal Code Section 11.45.010,
Chronic Nuisance Properties Definitions, to reflect changes to the
recently amended animal control ordinance.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 11.45.010(6)(F), Chronic Nuisance Properties Definitions, of the
City of Yakima Municipal Code is hereby amended to read as follows:
11.45.010 Definitions
For purposes of this chapter, the following words or phrases shall have the meaning
prescribed below:
(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 unauthorized individuals.
(2) "Abate" means to repair, replace, remove, destroy, or otherwise remedy a
condition which constitutes a violation of this chapter by such means and in such a
manner and to such an extent as the chief of police determines is necessary in the
interest of the general health, safety and welfare of the community.
(3) "Chief of police" means the chief of the Yakima police department or his or her
designees.
(4) "Control" means the power or ability to direct or determine conditions, conduct, or
events occurring on a property.
(5) "Chronic nuisance property" means:
A. A property on which two or more nuisance activities exist or have occurred
during any sixty-day period or five or more nuisance activities have occurred
during any twelve-month period, or
B. A 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 twelve-
month period that probable cause exists that illegal possession, manufacture
or delivery of a controlled substance or related offenses as defined in RCW
Chapter 69.50 has occurred on the property, or
C. An abandoned property where two nuisance activities occurred during any
twelve-month period.
(6) "Nuisance activity" includes:
A. A "most serious offense" as defined in RCW Chapter 9.94A;
B. A "drug-related activity" as defined in RCW 59.18.130;
1
90
C. Any of the following activities, behaviors or criminal conduct:
Assault, fighting, harassment or reckless endangerment, as defined in YMC
Title 6 or RCW Chapter 9A.36;
Promoting, advancing or profiting from prostitution as defined in RCW
Chapter 9A.88;
Prostitution, as defined in YMC Title 6;
Permitting prostitution, as defined in YMC Title 6;
Obstructing pedestrian or vehicular traffic, as defined in YMC Title 6;
Public disturbance noise, as defined in YMC Title 6;
Weapons violations, as defined in YMC Title 6 or the Revised Code of
Washington;
Drug traffic loitering and/or loitering for purposes of prostitution, as defined in
YMC Title 6;
Criminal-street-gang-related offense and/or pattern of criminal street gang
activity, as defined in YMC Title 6.
D. Any arrest pursuant to a warrant of arrest where a person in charge of the
property had prior knowledge of the warrant;
E. A fire not contained within an approved fuel burning appliance that causes
damage to any property;
F. Control of dogs violation involving any of the behavior described in YMC
6.20.130(2) through (5);
G. Alcohol beverage control violations, as defined in RCW Chapter 66.44;
H. Trespass crimes, as defined in YMC Chapter 6.47 or RCW Chapter 9A.52,
on abandoned property.
(7) "Owner" means any person who, alone or with others, has title or interest in any
property.
(8) "Person" means an individual, group of individuals, corporation, partnership,
association, club, company, business trust, joint venture, organization, or any other
legal or commercial entity or the manager, lessee, agent, officer or employee of
any of them.
(9) "Person in charge" of a property means the owner and, if different than the owner,
any other person in actual or constructive possession of a property, including but
not limited to a lessee, tenant, occupant, agent, or manager of a property under
his or her control.
2
91
(10) "Property" means any land and that which is affixed, incidental or appurtenant to
land, including but not limited to any business or residence, parking area, loading
area, landscaping, building or structure or any separate part, unit or portion
thereof.
(11) "ROW" means the Revised Code of Washington.
(12) "YMC" means the Yakima Municipal Code. (Ord. 2020-014 § 1 (part), 2020: Ord.
2010-18 § 1 (part), 2010).
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 5th day of May, 2026.
Matt Brown, Mayor
ATTEST:
Rosalinda Ibarra, CMC, City Clerk
Publication Date:
Effective Date:
3
92