2716ORDINANCE NO.2716
AN ORDINANCE AMENDING CHAPTER 8.14 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "NUISANCES"
THE CITY COUNCILOF THE CITY OF MOSES UKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter8.14 of the Moses Lake Municipal Code entitled"Nuisances"is amended as follows:
8.14.030 Nuisance Defined.Each ofthe following conditions,unlessotherwise permitted bylaw,isdeclared
to constitute a public nuisance,andwhenevertheCodeEnforcement Officer determines thatany
ofthese conditions existupon anypremisesorinanystream,drainage wayorwetlands,theofficer
may require or provide for the abatement thereof pursuantto thischapter.
A. The existence ofany trash,dirt,filth,andcarcass ofany animal,waste shrubs,accumulation
of lawn or yard trimmings or other offensive matter.
B. Defectiveor overflowing septicorsewage systems, andthe existence ofany noxious,foul,or
putrid liquid or substance which poses a health hazard or creates a noxious odor.
C. Any man-caused pool of standingorstagnant water,except storm drainage systems,which
serves as a breeding area for insects.
D.Accumulation ofgarbage, decaying vegetation,manure, dead animals, orother noxious things
ina street oralley,oron publicor private propertyto an extent injuriousto the publichealth as
determined by the Health Officer.
E. All otheracts,failureto act,occupations,or use of property which is determined by the Health
Officer to be a menace to the health ofthe public.
F. All limbs of trees which are less than seven (7)feet above the surface ofany public sidewalk,
or twelve (12)feet above the surface of any street.
G. All buildings,other structures,or portions thereof which have been damaged by fire,decay,
neglect,or have otherwise deteriorated or become dilapidated so as to endanger the safety
ofthe public.
H.All explosives,flammable liquids,and other dangerous substances stored or used in any
manner in violation of the State Fire Code.
I.The keeping or harboring of any dog,fowl,or other animal which by frequent or habitual
howling, yelping,barking,crowing,or inthe making of other noises, annoys ordisturbsthe
public,orthe habitual allowing of dogs kept atanyone addressto run at large in violation of
Chapter 6.05 of the Moses Lake Municipal Code entitled"Animal Control".
J.Making or causing to be made by any means whatsoever any noise of any kind which is a
violation of Chapters8.28ofthe Moses Lake Municipal Code entitled "Noise Control".
K.The frequent,repetitive,orcontinuous soundmadebyanysecured,unsecured,ordeteriorated
membrane or sheet metal,being moved by the windor othersource,which unreasonably
interfereswiththe peace, comfortand repose of adjacent property owners or possessors.
L.Dumping,throwing,placing,leaving orcausing orpermitting tobe dumped,thrown,placed or
left,anyfilth,paper,cans,glass,rubbish,trash garbage,grass trimmings, shrub trimming,and
shrubbery ofanykind,in oruponanystreet,alley,sidewalk,ditch,orpublic orprivate property
of another in the city.
ORDINANCE NO.2716PAGE2 April 8,2014
M.The erecting,maintaining,using,placing,depositing,leaving or permitting tobeor remain in
orupon any private lot,building,structure orpremises,orin orupon any street,alley,sidewalk,
park,parkway or other public or private place in the city,any one or more ofthe following
disorderly,disturbing,unsanitary,fly-producing,rat-harboring,disease-causing places,
conditions or things:
1.Any putrid,unhealthy orunwholesome bones,meat,hides,skins,orwhole orany part of
any dead animal,fish or fowl,orwaste parts of fish,vegetable oranimal matter in any
quantity;but nothing herein shall prevent the temporary retention of waste in approved
covered receptacles.
2. Anyprivies,vaults,cesspools,sumps,pits orlike places which are notsecurely protected
from flies and rats, or which are foul or malodorous.
3.Any filthy,littered ortrash-covered dwellings,cellars,houseyards,barnyards,stable yards,
factory yards,vacant areas in the rear of stores,vacant lots,houses,buildings or
premises.
4. Anyanimal manure in anyquantity which isnotsecurely protected from flies orweather
conditions,orwhichis kept orhandledinviolation of any ordinance ofthe city.
5. Any poison oak or poison ivy,Russian thistle orother noxious weeds, as defined by
Chapter 8.22ofthe MosesLake Municipal Codeentitled "Noxious Weed Control"whether
growing or otherwise;but nothing herein shall prevent the temporary retention of such
weeds in approved covered receptacles.
6. Anybottles,cans,glass,ashes, smallpiecesofscrap iron,wire,metalarticles,bric-a-brac,
broken crockery,broken glass, broken plasterand all such trash,orabandoned material,
unless itis kept inapproved covered bins or galvanized ironreceptacles.
7. Any trash,litter,rags, accumulations or empty barrels,boxes, crates, packing cases,
mattresses,bedding,excelsior,packing hay, straw or other packing material,lumber not
neatly piled,scrap iron,tinorothermetalnotneatly piled,oranything whatsoever inwhich
flies or rats may breed or multiplyorwhich may be a fire hazard.
N.The permitting to remain outside any dwelling, building, or other structure, or within any
unoccupied or abandoned building, dwelling, or other structure,in a place accessible to
children, any abandoned,unattended,or discarded ice chest,refrigerator or other airtight
contained,which does not have the door, lidor other locking device removed.
O.Any pit, hole, basin or excavation which is unguarded or dangerous to life or has been
abandoned,or is no longer used for the purpose constructed,or is maintained contrary to
statutes,ordinances,or regulations.
P.Any well or storage tank permitted to remain on any public or private property without being
securely closed or barring any entrance or trap door thereto,or without filling or capping any
well.
Q.The repairor abandonment of any automobile, truck, or other motor vehicle of any kind upon
the public streets or alleys of the city.
R.The keeping or permitting the existence of any bees or other insects,reptiles,rodents,fowl,
oranyotheranimals,domestic orwild,inanymannercontraryto law,orwhichaffectthe safety
of the public.
ORDINANCE NO.2716
PAGE 3 _April 8,2014
S. The existence ofany fence,other structure,orthing on private orpublic property abutting or
fronting upon anypublic street,sidewalk,orplace,which is sagging,leaning,fallen,decayed
or is otherwise dilapidatedand creating an unsafe condition.
T.Theexistenceofanyvine,shrub,or plant growing on,around,or in front ofanyfire hydrant,
utility pole,utility box,orany other appliance or facility provided for fire protection,public or
private utility purposesinsuch a wayas to obscure from viewor impair access thereto.
U.Except for anydesignated public park land,natural area,orenvironmentally sensitive area,or
any undeveloped parcels of land not adjacentto developed areas or which are used for
agricultural purposes,all grasses,weeds,orother vegetation growing orwhich hasgrown and
died,which is determined to be a fire or safety hazard ora nuisanceto persons,shall not
exceed twelveinches (12")inheightmeasured above the ground.
a. The above exceptionmay be waivedand additional maintenance required bythe Code
Enforcement Officer ifhe determinessuch action is necessary to protect the safety of
persons or adjoining property.
b.All maintenance shall be done ina mannerso that soil stability will not be disrupted or
disturbed.Grass,weed, or vegetation control shall not include plowing,discing,or
scraping the soil to eliminate the grasses,weeds,or other vegetation unless a soil
stabilization plan,which will minimize blowing dust and maintain soil stability and which
shall be approved bythe city prior to any plowing,discing,or scraping,is implemented
immediately.
Compliance shall be required as follows:
a. Property with no sidewalks/activity trail or residential dwelling on the property shall be
exempt.
b. Property with sidewalks/activity trailbut no residential dwelling shall be required to control
vegetation ten feet (10')from the back of the sidewalks/activity trail.
c. Property with sidewalks/activity trailand a residential dwelling shall be required to control
vegetation on the entire piece of property.
V.The existence of any dead,diseased,infected, ordyingtree, shrub, orother vegetation which
may pose a danger to vegetation,crops,property, or persons.
W.The existence of any accumulation of materials or objects in a location when the same
endangers property,safety or constitutes a fire hazard.
X. The depositing or burning orcausingtobe depositedorburnedinanystreet,alley,sidewalk,
parkway orotherpublic placewhich isopentotravel,ofany hay,straw,paper,wood,boards,
boxes,leaves,manure or other rubbish or material.
Y. The storageor keeping on any premises for morethan thirty days of anyused or unused
building materials as defined in Section 8.14.010 (F),whose retail costnewwould exceedone
hundred dollars,without aspecial permit from thebuilding official;provided,thatnothing herein
shall:
1.Prohibit such storage without a permitwhen done in conjunction with aconstruction project
for which a building permit hasbeen issued and which is being prosecuted diligently to
completion.
ORDINANCE NO.2716PAGE4 April 8,2014
2.Prohibit such storage without a permit upon the premises of a bona fide lumber yard,
dealer in building materials orother commercial enterprise when thesameis permitted
underthe zoning ordinanceand other applicable laws.
3.Make lawful any such storage orkeeping when it is prohibited byother ordinances orlaws.
Z.The existence on any premises of any unused and abandoned trailer,house trailer,
automobile,boatorothervehicleormajorpartsthereof.
AA.The keeping or maintenance in any area on private property which is clearly visible from a
public street,sidewalk,park or other public area any accumulation,collection or untidy storage
of any ofthe following:old appliances or parts thereof;old iron,steel,aluminum or other
metal;inoperable vehicles,vehicle parts,machinery or equipment;mattresses,bedding,
clothing,rags or cloth;straw,packing materials,cardboard or paper,tin cans,wire,bottles,
glass,cans,barrels,bins,boxes,containers,ashes,plaster or cement;or wood.This
determination shall not apply toconditions completely enclosed within a building orfencing so
as not to be visible from public property.
BB.The keeping,permitting or harboring of any fowl,pigeons,rabbits,hoofed or cloven footed
animals,except for caged birds kept within a residence orbusiness.
CC.The depositing ofany debris,vegetation,lawn clippings,lumber piles,wood piles,auto parts
or bodies,garbage and the like,or storing of any material of any kind,provided that in
residential zones that shall include garbage cansorrefuse containers in the alleys ofthe city,
except on garbage pickup day.
DD.Theexistence of graffiti,which isdefined asa defacing,damaging,ordestructive inscription,
figure or design painted,drawn or the like,on the exterior ofany building,fence,gate,or other
structuresoron rocks, bridges,trees, orother real or personal property.
EE.Thelocating ofautomobiles,trucks,recreational vehicles,trailers,boats,orany other vehicles,
vessels,orthe like for the purpose ofadvertising itssaleonproperty located in anycommercial
or industrial zone not owned by the seller.
FF.The permitting ofanycondition or situation wherethe soil has been disrupted,disturbed,or
destablized so as to allow blowing dust to exist.
GG. The existence on any premise any unsecured,unused, or abandoned building orstructures.
HH.For any building theexistence ofanybrokenglassinwindowsordoors for morethanthirty (30)
days.
II.Buildingsor portions thereofthat have faultyweather protection,such asopenings inwallsand
roofs. Faulty weather protection shall include temporary weather barriers,such as tarps,
plastic or similar material, left in place for more than thirty(30) days.
JJ. Any buildingwhich has a window, door, or other exterior opening closed by extrinsic devices
or some other manner,with material that has not been painted to match or compliment the
buildings exterior or remains boarded up for more than sixty (60)days.
KK.Any boarded up building that remains boarded up for more than ninety (90)days.
LL Permitting any violation of RCW 59.18.510 in any rental dwelling unit.
MM.Criminal street gangs and any pattern of criminalstreet gang activityare each declared to be
a public nuisance inviolation of thischapterandotherapplicable code provisions,including
but not limited to the Uniform Code for the Abatement of Dangerous Buildings and State
Housing Code,subject to abatement through all available means.In addition thereto and
without limitation,any patternof criminal street gang activityupon, and the presence and use
ORDINANCE NO.2716
PAGE 5 April 8,2014
of property by,a criminal street gang,with the owner's knowledgeorconsent, constitutesa
public nuisance and grounds for revocation ofany permit orlicense regulating orauthorizing
the use of such property.
Section 2.This ordinance shall takeeffectandbe in force five (5)days after its passage and publication of
its summary as provided by law.
Adopted bythe City Council and signed by its Mayor on April 8, 2014.
ATTEST:
Dick Deane,Mayor
APPROVED AS TO FORM:
'^t^?^
KaTherine L. Kenison, City Al