2771ORDINANCE NO.2771
(J AN ORDINANCE AMENDING CHAPTER 8.14 OF THE MOSES LAKE MUNICIPAL
^^CODE ENTITLED "NUISANCE DEFINED"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 8.14 of the Moses Lake Municipal Code entitled "Nuisance Defined" is amended as
follows:
8.14.030 Nuisance Defined. Each of the following conditions,unless otherwise permitted by law,is declared
to constitute a public nuisance,and whenever the Code Enforcement Officer determines that any
of these conditions exist upon any premises orinany stream,drainage way or wetlands,the officer
may require or provide for the abatement thereof pursuant to this chapter.
A.The existence of any trash,dirt,filth,and carcass of any animal,waste shrubs,accumulation
of lawn or yard trimmings or other offensive matter.
B.Defective oroverflowing septic or sewage systems,and the existence of any noxious,foul,or
putrid liquid or substance which poses a health hazard or creates a noxious odor.
C. Any man-caused pool of standing or stagnant water,except storm drainage systems,which
serves as a breeding area for insects.
D.Accumulation of garbage,decaying vegetation,manure,dead animals, or othernoxious things
ina streetoralley,oron publicor privatepropertyto an extent injuriousto the publichealth as
determined by the Health Officer.
E. Allother acts,failure to act,occupations,or use of propertywhich is determined bythe Health
M Officer to be a menace to the health of the public.
F. Alllimbs of trees which are less than seven (7) feet above the surface of any public sidewalk,
or twelve (12)feet above the surface of any street.
G. All buildings,other structures, or portionsthereof which have been damaged by fire,decay,
neglect, or have otherwise deteriorated or become dilapidated so as to endanger the safety
of the 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 or disturbsthe
public,orthe habitual allowing of dogs kept at any one address to runat large inviolation of
Chapter 6.14 of the Moses Lake Municipal Code entitled "Miscellaneous Provisions".
J.Making or causing to be made by any means whatsoever any noise of any kindwhich is a
violation of Chapters 8.28 of the Moses Lake Municipal Code entitled "Noise Control".
K.The frequent,repetitive,orcontinuoussound made byanysecured, unsecured, ordeteriorated
membrane or sheet metal, being moved by the wind or other source, which unreasonably
interferes with the peace,comfort and repose of adjacent property owners or possessors.
L. Dumping,throwing,placing,leavingorcausing or permittingto be dumped,thrown, placed or
left,any filth,paper,cans, glass,rubbish,trashgarbage,grasstrimmings,shrubtrimming,and
shrubberyof any kind,inorupon any street, alley,sidewalk,ditch,orpublicor private property
^J of another in the city.
M.The erecting,maintaining,using,placing,depositing, leavingor permitting to be orremain in
orupon any privatelot,building,structureor premises,orinorupon any street, alley,sidewalk,
park, parkway or other public or private place in the city, any one or more of the following
ORDINANCE NO.2771
PAGE 2 June 9,2015
disorderly, disturbing, unsanitary, fly-producing, rat-harboring,disease-causing places,
conditions or things:f^*)
1.Any putrid,unhealthy or unwholesome bones,meat, hides, skins, orwhole orany partof any
dead animal,fish or fowl, orwaste parts offish,vegetableor animal matter in any quantity; but
nothinghereinshallpreventthe temporary retentionofwaste inapproved covered receptacles.
2. Any privies,vaults,cesspools,sumps,pitsorlikeplaces whichare not securely protected from
flies and rats,or which are foul or malodorous.
3. Any filthy,littered or trash-covered dwellings, cellars,house yards, barnyards,stable yards,
factory yards,vacant areas inthe rear of stores,vacant lots,houses,buildings or premises.
4. Any animal manure in any quantity which is not securely protected from flies or weather
conditions,or which is kept or handled in violation of any ordinance of the city.
5. Any poison oak or poison ivy,Russian thistle or other noxious weeds,as defined by Chapter
8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control"whether growing or
otherwise; but nothing herein shall prevent the temporary retention of such weeds inapproved
covered receptacles.
6. Any bottles, cans, glass,ashes,small pieces of scrap iron,wire, metal articles,bric-a-brac,
broken crockery,broken glass,broken plaster and all such trash, or abandoned material,
unless it is kept in approved covered bins or galvanized iron receptacles.
7. Any trash,litter,rags,accumulations or empty barrels,boxes,crates,packing cases,
mattresses,bedding,excelsior,packing hay, straw orother packing material,lumbernot neatly
piled,scrap iron,tinor other metal not neatly piled,oranything whatsoever inwhich fliesorrats
may breed or multiply or which may be a fire hazard.(/"s\
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, lid or 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 repair or 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,
or anyotheranimals,domestic orwild, in any mannercontraryto law, orwhich affectthe safety
ofthe public.
S.The existence of any fence,other structure,or thing on private or public property abutting or
fronting upon any public street,sidewalk,or place, which is sagging,leaning, fallen,decayed
or is otherwise dilapidated and creating an unsafe condition.
T.The existence ofany vine,shrub,or plant growing on,around,or in front ofany fire hydrant,^^^
utility pole,utility box, or any other appliance or facility provided for fire protection, publicor ()
private utility purposes in such a way as to obscure from view or impair access thereto.
U.Except for any designated public park land, natural area,or environmentally sensitive area,or
any undeveloped parcels of land not adjacent to developed areas or which are used for
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PAGE3 June 9, 2015
agricultural purposes,allgrasses,weeds,or othervegetation growing orwhich has grown and
t)died, which is determined to be a fire or safety hazard or a nuisance to persons,shall not
exceed twelve inches (12") in height measured above the ground.
1.The above exception may be waived and additional maintenance required by the Code
EnforcementOfficer ifhe determines such action is necessary to protectthe safetyof persons
or adjoining property.
2. All maintenance shall be done in a manner so 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 blowingdust and maintain soilstabilityand which shall be approved bythe
city priorto any plowing, discing, or scraping, is implemented immediately.
Compliance shall be required as follows:
1.Propertywith no sidewalks/activity trail or residential dwelling on the property shall be exempt.
2.Property with sidewalks/activity trail but no residential dwelling shall be required to control
vegetation ten feet (10')from the back of the sidewalks/activity trail.
3. Property with sidewalks/activity trail and 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,safetyorconstitutesa fire hazard.
X. The depositing or burningorcausing to be deposited or burned inany street, alley, sidewalk,
parkwayorother publicplace which is open to travel,of any hay, straw, paper,wood, boards,
boxes,leaves,manure or other rubbish or material.
Y. The storage or keeping on any premises for more than thirtydays of any used or unused
building materials as defined inSection 8.14.010 (F),whose retail cost new would exceed one
hundred dollars,withouta special permitfromthe buildingofficial;provided,that nothing herein
shall:
1.Prohibit such storagewithouta permitwhen done inconjunction witha construction project for
which a building permit has been issued and which is being prosecuted diligently to
completion.
2.Prohibit such storage withouta permitupon the premises of a bona fide lumber yard,dealer
in building materials or other commercial enterprise when the same is permitted under the
zoning ordinance and other applicable laws.
3. Make lawful any such storage orkeeping when itis prohibited by otherordinances or laws.
Z. The existence on any premises of any unused and abandoned trailer,house trailer,automo
bile,boat or other vehicle or major parts thereof.
AA. The keeping or maintenance in any area on private propertywhich is clearlyvisible from a
public street, sidewalk, parkorother public areaanyaccumulation,collectionoruntidystorage
of any of the following:old appliances or partsthereof; old iron,steel, aluminum or other
^J metal;inoperable vehicles,vehicle parts,machinery or equipment;mattresses,bedding,
clothing,rags orcloth;straw, packingmaterials,cardboard or paper,tincans,wire,bottles,
glass, cans, barrels, bins, boxes, containers,ashes,plaster or cement; or wood. This
determination shall not applyto conditions completely enclosed withina buildingor fencing so
as not to be visible from public property.
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PAGE 4 June 9,2015
BB.The keeping,permitting or harboring of any fowl,pigeons,rabbits,hoofed or cloven footed
animals,except for caged birds kept within a residence or business.
CC.The depositing of any 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 cans or refuse containers inthe alleys of the city,
except on garbage pickup day.
DD.The existence of graffiti, which is defined as a defacing,damaging,or destructive inscription,
figure or design painted,drawn or the like, on the exterior of any building,fence,gate,or other
structures or on rocks,bridges,trees,or other real or personal property.
EE.The locating of automobiles,trucks,recreational vehicles,trailers,boats,or any othervehicles,
vessels,or the like for the purpose of advertising its sale on property located in any commercial
or industrial zone not owned by the seller.
FF.The permitting of any condition or situation where the 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 or structures.
HH. For any buildingthe existence ofany broken glass inwindows or doors for more than thirty(30)
days.
II.Buildings or portions thereofthat have faulty weatherprotection,such as openings inwalls and
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 building which 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 criminal street gang activity are each declared to be
a public nuisance in violation of this chapter and other applicable 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 pattern of criminal street gang activity upon,and the presence and use
of property by, a criminal street gang,with the owner's knowledge or consent,constitutes a
public nuisance and grounds for revocation of any permit or license regulating or authorizing
the use of such property.
Section 2.This ordinance shall take effect and be inforce five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on June 9,2015.
Dick Deane,Mayor
APPROVED AS TO FORM:
Scalheplne L.KenisonSCtfy-Aftorney