9.64.020 Definitions.
For purposes of this chapter:
A. “Chief of police” means the city of Everett chief of police or the chief’s designee.
B. A “chronic nuisance property” is:
1. A property that, within any sixty-day period:
a. Has had three or more nuisance activities occur or exist upon the property; or
b. Has had three or more nuisance activities occur within two hundred feet of the property that involve the person in charge of the property and/or any person associated with the person in charge of the property; or
c. Has had nuisance activities either occur or exist upon the property or within two hundred feet of the property that involve the person in charge of the property and/or any person associated with the person in charge of the property for a combined total of three or more times.
2. A property that, within any three hundred sixty-five day period:
a. Has had seven or more nuisance activities occur or exist upon the property; or
b. Has had seven or more nuisance activities occur within two hundred feet of the property that involve the person in charge of the property and/or any person associated with the person in charge of the property; or
c. Has had nuisance activities either occur or exist upon the property or within two hundred feet of the property that involve the person in charge of the property and/or any person associated with the person in charge of the property for a combined total of seven or more times.
3. For the purposes of this section and Section 9.64.030(C), a person is associated with the person in charge of the property if he/she is on the property or within two hundred feet of the property as a guest or invitee of the person in charge of the property.
C. “City attorney” means the city of Everett city attorney or the city attorney’s designee.
D. “Control” means the power or ability to direct or determine conditions and/or activities located on or occurring on a property.
E. “EMC” means the Everett Municipal Code, as in effect at the date of enactment of the ordinance codified in this section or as thereafter amended.
F. “RCW” means the Revised Code of Washington, as in effect at the date of enactment of the ordinance codified in this section or as thereafter amended.
G. “Nuisance activity” means:
1. Any of the following activities, behaviors or conduct:
a. Harassment offenses as defined in Chapter 10.23 EMC.
b. Assault or reckless endangerment as defined in Chapter 10.16 EMC.
c. Disorderly conduct as defined in EMC 10.48.010.
d. Disorderly house as defined in EMC 10.52.010.
e. Indecent exposure and prostitution offenses as defined in Chapter 9A.88 RCW and Chapter 10.24 EMC.
f. Liquor-related offenses as defined in Chapters 66.28 and 66.44 RCW and in Chapters 10.42 and 10.74 EMC.
g. Offensive littering as defined in EMC 10.70.010.
h. Fraud-related offenses as defined in Chapter 9A.60 RCW.
i. Possession, manufacture, or delivery of a controlled substance or related offenses as defined in Chapter 69.50 RCW.
j. Precursor drug-related offenses as defined in Chapter 69.43 RCW and Chapter 10.39 EMC.
k. Marijuana and drug paraphernalia offenses as defined in Chapter 10.35 EMC.
l. Loitering for the purpose of engaging in drug-related activity as defined in Chapter 10.37 EMC.
m. Violation of felony drug off-limits orders as defined in Chapter 10.66 RCW and EMC 10.38.020, court order violations as defined in Chapter 10.13 EMC, and violation of stay out of areas of prostitution orders as defined in EMC 10.24.210.
n. Gambling-related offenses as defined in Chapters 9.46 and 9.47 RCW.
o. Firearms and dangerous weapons offenses as defined in Chapter 9.41 RCW and Chapter 10.78 EMC.
p. Public disturbance noises as defined in Chapter 20.08 EMC.
q. Possession of stolen property offenses as defined in Chapter 9A.56 RCW.
r. Any attempt, solicitation or conspiracy to commit any of the above activities, behaviors or conduct, as defined in Chapter 10.10 EMC.
2. Activities, behavior or conduct that is contrary to any of the following city of Everett regulatory codes:
a. License code (EMC Title 5).
b. Animal control code (EMC Title 6).
c. Health and safety code (EMC Title 8).
d. Zoning code (EMC Title 19).
e. Building and fire code (Chapters 16.005 through 16.09 EMC).
f. Noise control code (Chapter 20.08 EMC).
g. Washington State Clean Air Act violations.
3. Nuisance-related activities as defined in Chapters 7.48, 7.48A, 9.66 and 35.22 RCW.
4. Gang-related activity as defined in RCW 59.18.030 and/or in the EMC.
H. “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.
I. “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.
J. “Person in charge of the property” 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.
K. “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, 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. (Ord. 3332-13 § 1, 2013; Ord. 3091-08 § 2, 2008.)