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Burien, WA Property Maintenance: Vacant Lot Maintenance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Attractive nuisance
Hazards to children left on an unoccupied lot are a nuisance
Named hazards
Abandoned appliances, unsecured pits, wells, cisterns, storage tanks and shafts
Illegal dumping
Banned on public or private property not registered as a legal dump site
Vegetation
Nonnative herbaceous plants over 12 inches, noxious weeds, fire-hazard grass
Default penalty
$125.00 first violation; $250.00 second or continuing violation
Service on absentee owners
Posting on the property completes service on the fourteenth day

Summary

In the City of Burien, Washington, Burien Municipal Code § 8.45.020(5)(c)(v) makes attractive nuisances left upon an unoccupied lot, such as abandoned appliances, open pits, wells and tanks, a nuisance, and clause (viii) bans illegal dumping on public or private property. Vegetation over 12 inches is covered by clause (vii).

(v) Attractive Nuisances. Any attractive nuisance which may prove detrimental to children, whether in or on a building, on the premises of a building, or upon an unoccupied lot, which is left in any place exposed or accessible to children. This includes unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; and any lumber, trash, debris or vegetation which may prove a hazard for minors; ... (viii) Illegal Dumping. Dumping of any type by any person on public or private property not registered as a legal dump site; and

Full Breakdown

The City of Burien reaches vacant and unoccupied land through named nuisance conditions in § 8.45.020(5)(c). The clause most tied to empty lots is (v), attractive nuisances. It covers any attractive nuisance that could prove detrimental to children, whether in or on a building, on the premises of a building, or upon an unoccupied lot, that is left exposed or accessible to children. The printed examples are unused or abandoned refrigerators, freezers or other large appliances, abandoned motor vehicles, structurally unsound or unsafe fences or edifices, unsecured or abandoned excavations, pits, wells, cisterns, storage tanks or shafts, and any lumber, trash, debris or vegetation that could prove a hazard for minors.

Clause (viii), illegal dumping, prohibits dumping of any type by any person on public or private property not registered as a legal dump site. Clause (i) reaches premises containing trash or abandoned materials, and clause (vii) covers noxious or toxic weeds, tall grass that can be a fire hazard, and nonnative herbaceous plants over 12 inches in height. The vegetation clause does not exempt private land, but it does exempt Burien-owned property, critical areas and stormwater facilities.

Owner liability is the key point for vacant land. Section 1.15.020 defines the person responsible for a violation to include the titled owner or anyone with legal control of the property, an occupant, a mortgagee that has filed a foreclosure action until title transfers, and a mortgagee of property not occupied by the owner, the owner's tenant or a permitted occupant for at least 90 days. Responsibility is joint and several under § 1.15.040.

Because an absentee owner might not see the notice, § 1.15.070 allows service by posting a copy in a conspicuous place on the property, and posted service is complete on the fourteenth day after posting. The city can then abate under § 1.15.210, enter under § 1.15.220, bill costs due 30 days after the bill, and place unpaid amounts on the tax rolls as an assessment lien.

Violations & Fines

Vacant lot violations carry the default Chapter 1.15 penalty of $125.00 for a first violation and $250.00 for a second or continuing violation, accruing for each day past the date in the notice. The city can file civil infractions at $125.00 and $250.00 or charge a misdemeanor of up to 90 days in jail and a $1,000 fine. Abatement costs are billed to the responsible person or the lot and can become an assessment lien.

Frequently Asked Questions

Is an empty lot in the City of Burien covered by the nuisance code?
Yes. Section 8.45.020(5)(c)(v) expressly reaches an attractive nuisance upon an unoccupied lot that is left exposed or accessible to children, and clause (viii) bans illegal dumping on public or private property not registered as a legal dump site. The weeds and trash clauses apply to any property, with no vacancy exemption printed.
What hazards on a vacant lot count as attractive nuisances?
The code lists unused or abandoned refrigerators, freezers and other large appliances, abandoned motor vehicles, structurally unsound or unsafe fences, unsecured or abandoned excavations, pits, wells, cisterns, storage tanks and shafts, and any lumber, trash, debris or vegetation that could prove a hazard for minors. The list is introduced by the word includes, so it is not closed.
Who is liable if the lot owner lives elsewhere?
The owner. Section 1.15.020 names the titled owner or person with legal control as a person responsible, and § 1.15.040 makes responsibility joint and several. A notice can be served by posting on the property, and service by posting is complete on the fourteenth day after the notice is posted, under § 1.15.070(2).
Does the 12-inch weed limit apply to vacant lots?
Section 8.45.020(5)(c)(vii) applies to nonnative herbaceous plants growing over 12 inches in height from the ground surface, and it makes noxious or toxic weeds and fire-hazard tall grass nuisances. It does not exempt private land. It exempts only Burien-owned or maintained property, critical areas and stormwater facilities.

Sources & Official References

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