2196_00001ORDINANCE NO.2196
AN ORDINANCE AMENDINGCHAPTER 8.14 OF THE MOSES LAKEMUNICIPAL
CODE ENTITLED"NUISANCES"
THE CITYCOUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Chapter 8.14 of the Moses Lake Municipal Code entitled "Nuisances"is amended as follows:
O 8.14.010 Definitions.The words and phrases used in thischapter,unless thecontext otherwise indicates,
shall have the followingmeanings:
A."Boarded Up Building"means any building,with at least twenty-fivepercent (25%)of exterioropeningsclosedbyextrinsicdevicesorsorneothermannerdesignedorcalculatedtobe
permanent,givingthe building the appearance of non-occupancy or non-use for an indefinite
period of time.
B."Correct"means to abate,repair,replace,remove,destroyor otherwise remedy the conditioninquestionbysuchmeansandinsuchamannerandtosuchextentasthecomplianceofficer,
in his judgment,determines is necessary in the interest of the general health,safety and
welfare of the community.
C."Code Compliance Officer"means the City Manager's designee.
D."Health Officer"means the Director of the Grant County Health District or his designee.
E."Responsible Person"means any agent,lessee,or other person occupying or having charge
or controlofany premises.
F."Buildingmaterials"means and includes lumber,plumbing materials,wallboard,sheet metal,plaster,brick,cement,asphalt,concrete block,roofingmaterials,cans of paint and similarmaterials.
G."Premises"means any building,lot,parcel,real estate,or land,or portion of land,whether
improved or unimproved,including adjacent sidewalks and parking lanes.
H."Membrane"means a tarpaulin,banner,fabric,orothersheeting,made ofcloth,plastic,vinyl,
paper or other similar material.
8.14.030 Nuisance Defined.Each ofthefollowingconditions,unless otherwise permitted by law,is declaredtoconstituteapublicnuisance,and whenever the Code Compliance Officer determines that anyoftheseconditionsexistuponanypremisesorinanystream,drainage wayor wetlands,theofficer
may require or provide for the abatement thereof pursuant to thischapter.
A.The existence ofany trash,dirt,filth,and carcass of any animal,waste shrubs,accumulationoflawnoryardtrimmingsorotheroffensivematter.
B.Defective or overflowing septic or sewage systems,and the existence of any noxious,foul,orputridliquidorsubstancewhichposesahealthhazardorcreatesanoxiousodor.
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 other noxious thingsinastreetoralley,or on public orprivate property toan extent injurious tothe public health asdeterminedbytheHealthOfficer.
E.Allother acts,failure to act,occupations,oruse of property which is determined bythe HealthOfficertobeamenacetothehealthofthepublic.
F.AIIlimbs of treeswhich are less than seven feet (7')above the surface ofany public sidewalk,
or twelvefeet (12')above the surface of anystreet.
G.AIIbuildings,other structures,or portions thereofwhich have been damaged by fire,decay,neglect,or have otherwise deteriorated or become dilapidated so as to endanger the safetyofthepublic.
H.AII explosives,flammable liquids,and other dangerous substances stored or used in anymannerinviolationoftheUniformFireCode.
I.The keeping or harboring of any dog,fowl,or other animal which by frequent or habitualhowling,yelping,barking,crowing,or in the making of other noises,annoys or disturbs thepublic,or the habitual allowingof dogs kept at any one address to run at large in violation ofChapter6.05 of the Moses Lake Municipal Code entitled "Animal Control".
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J.Making or causing to be made by any means whatsoever any noise of any kind which is aviolationofChapters8.28 of the Moses Lake Municipal Code entitled "Noise Control".
K.The frequent,repetitive,orcontinuoussound made by any secured,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,leavingor causing or permitting tobe dumped,thrown,placed orleft,any filth,paper,cans,glass,rubbish,trash garbage,grass trimmings,shrub trimming,and
shrubberyofany kind,inor upon any street,alley,sidewalk,ditch,orpublic or private property
of another in the city.
M.The erecting,maintaining,using,placing,depositing,leaving or permitting to be or remain in
or upon any private lot,building,structure or premises,or inor upon any street,alley,sidewalk,
park,parkway or other public or private place in the city,any one or more of the following
disorderly,disturbing,unsanitary,fly-producing,rat-harboring,disease-causing places,
conditions or things:
L Any putrid,unhealthy or unwholesomebones,meat,hides,skins,or whole or any part of
any dead animal,fish or fowl,or waste parts of fish,vegetable or animal matter in any
quantity;but nothing herein shall prevent the temporaryretention of waste in approved
covered receptacles.
2.Any privies,vaults,cesspools,sumps,pits or like places which are not securely protected
from flies and rats,or which are foul or malodorous.
3.Anyfilthy,littered ortrash-covered dwellings,cellars,house yards,barnyards,stable yards,
factory yards,vacant areas intherearofstores,vacant lots,houses,buildings orpremises.
4.Any animalmanure in any quantity which is not securelyprotected from flies or weather
conditions,or which is kept or handled in violation of any ordinance ofthe city.
5.Any poison oak or poison ivy,Russian thistleor other noxious weeds,as defined by
Chapter 8.22 of the Moses Lake MunicipalCode entitled "Noxious Weed Control"whether
growing or otherwise;but nothing herein shall prevent the temporary retention of such
weeds in approved covered receptacles.
6.Any bottles,cans,glass,ashes,smallpieces 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 orgalvanized iron receptacles.
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,tinor other metal not neatly piled,or anything whatsoever inwhich
flies or rats may breed or multiplyor which 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,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 maintainedcontrary to
statutes,ordinances,or regulations.
P.Anywell or storage tank permitted to remain on any public or private property without being
securely closed or barring anyentrance or trapdoor thereto,or withoutfillingor capping any
well.
Q.The repair or abandonment of any automobile,truck,or other motor vehicle ofany kind upon
the public streets or alleys of the city.
R.The keeping or permitting the existence of any bees orother insects,reptiles,rodents,fowl,
or any otheranimals,domestic orwild,inany manner contrary tolaw,or which affect the safety
of the public.
S.The existence of any fence,other structure,or thingon private or public propertyabutting or
fronting uponany public street,sidewalk,orplace,which is sagging,leaning,fallen,decayed
or is otherwise dilapidated and creating an unsafe condition.
T.The existence of any vine,shrub,or plant growing on,around,or in front ofanyfire hydrant,
utilitypole,utilitybox,or any other appliance or facilityprovided for fire protection,public or
private utilitypurposes in such a way as to obscure from view or impair access thereto.
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U.Except for any designated publicpark land,natural area,or environmentally sensitive area,oranyundevelopedparcelsoflandnotadjacenttodevelopedareasorwhichareusedfor
agricultural purposes,allgrasses,weeds,or other vegetation growing orwhich has grown anddied,which is determined to be a fire or safety hazard or a nuisance to persons,shall notexceedtwelveinches(12")in height measured above the ground.
1.The above exceptionmay be waived and additional maintenance required by the Code
Compliance Officer if he determines such action is necessary to protect the safety of
persons or adjoining property.
O 2.Allmaintenance shall be done in a manner so that soil stability willnot be disrupted ordisturbed.Grass,weed,or vegetation control shall not include plowing,discing,orscrapingthesoiltoeliminatethegrasses,weeds,or other vegetation unless a soil
stabilization plan,which willminimize blowing dust and maintain soil stability and which
shall be approved by the city prior to any plowing,discing,or scraping,is implemented
immediately.
V.The existence of any dead,diseased,infected,or dying tree,shrub,or other 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 sameendangersproperty,safety or constitutes a fire hazard.
X.The depositing orburning orcausingto be deposited or burned in any street,alley,sidewalk,parkway or other public place which is open to travel,of anyhay,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 unusedbuildingmaterialsasdefinedinSection8.14.010(B),whoseretailcost new would exceed onehundreddollars,without a special permit from the building official;provided,that nothing herein
shall:
1.Prohibit such storage without a permit when done inconjunction with a construction projectforwhichabuildingpermithasbeenissuedandwhichisbeingprosecuteddiligentlytocompletion.
O 2.Prohibit such storage without a permitupon the premises of a bona fide lumber yard,
dealer in building materials or other commercialenterprisewhen the same is permitted
under the zoning ordinance and other applicable laws.
3.Make lawfulany such storage or keeping when it is prohibited byother ordinances 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 property which is clearly visible from apublicstreet,sidewalk,park or other public area any accumulation,collection or untidy storageofanyofthefollowing:old appliances or parts thereof;old iron,steel,aluminum or othermetal;inoperable vehicles,vehicle parts,machinery or equipment;mattresses,bedding,clothing,rags or cloth;straw,packing materials,cardboard or paper,tincans,wire,bottles,
glass,cans,barrels,bins,boxes,containers,ashes,plaster or cement;or wood.Thisdeterminationshallnotapplytoconditionscompletelyenclosedwithinabuildingorfencingsoasnottobevisiblefrompub)ic property.
BB.The keeping,permitting or harboring of anyfowl,rabbits,hoofed or cloven footed animals.
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 inresidentialtonesthatshallincludegarbagecansorrefusecontainersinthealleysofthecity,except on garbage pickup day.
DD.The existence of graffiti,which is defined as a defacing,damaging,or destructive inscription,O figure ordesign painted,drawn or the like,on theexteriorofany building,fence,gate,or other
structures oron rocks,bridges,trees,or other real or personal property.
EE.The locating ofautomobiles,trucks,recreational vehicles,trailers,boats,or anyother vehicles,vessels,orthe likeforthe purpose of advertising itssale on property located in any commercial
or industrial zone not ownedby the seller.
FF.The permitting of any condition or situation where the soil has been disrupted,disturbed,ordestabilizedsoastoallowblowingdusttoexist.
GG.The existence on any premise any unsecured,unused,or abandoned building or structures.
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HH.For any buildingthe existence ofany broken glass inwindows ordoors formorethan thirty(30)days.
II.Buildings or portions thereofthathave faulty weather protection,such as openings inwalls and
roofs.Faulty weather protection shall include temporaryweather 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 complimentthe
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.
8.14.090 Penalty:Failure to comply with any provision of thischapter shall subject the responsible person
to the following penalties as they are defined in Chapter 1.08 of this code.Each violation shall
constitute a separate violation.Each day a violation exists constitutes a separate violation:
First offense C-17
Second offense within any twelve month period C-13
Third offense within any twelvemonthperiod or for failure to abate
a particular nuisance afterbeing found guiltyof a first offense.C-6
Fourth offense within any twelvemonth period orforfailure to abate
a particular nuisance after being found guiltyof a second or subsequerit
offense.C-2
Section 2.This ordinance shall take effect and be in force five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the CityCouncil and signed by its Mayor o ruary22,.
ATTEST Ronald C.Covey,Mayo
Wonald R.Cone,Finance Director
VED
es A.\Ñh ker,CityAttorney
O