2263ORDINANCE NO. 2263
AN ORDINANCE AMENDING CHAPTER 8.14 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "NUISANCES"
THE CITY COUNCIL 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:
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 Compliance Officer determines
that any of these conditions exist upon any premises or in any 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 or overflowing 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 other noxious things
in a street or alley, or on public or private property to an extent injurious to the public health
as determined by the Health Officer.
E.All other acts, failure to act, occupations, or use of property which is determined by the Health
Officer to be a menace to the health of the public.
F.All limbs 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 portions thereof 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 Uniform Fire Code.
I.The keeping or harboring of any dog, fowl, or other animal which by frequent or habitual
howling, yelping, barking, crowing, or in the making of other noises, annoys or disturbs the
public, or the habitual allowing of dogs kept at any one address to 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 Chapters 8.28 of the Moses Lake Municipal Code entitled "Noise Control".
K.The frequent, repetitive, or continuous sound made by any secured, unsecured, or
deteriorated 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, leaving or causing or permitting to be dumped, thrown, placed
or left, any filth, paper, cans, glass, rubbish, trash garbage, grass trimmings, shrub trimming,
and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch, or public or private
property of another in the city.
ORDINANCE NO. 2263
PAGE 2 July 11, 2006
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 in or 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:
1.Any putrid, unhealthy or unwholesome bones, 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 temporary retention 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.Any filthy, littered or trash-covered dwellings, cellars, house yards, barnyards, stable
yards, factory yards, vacant areas in the 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 in approved 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 or other packing material, lumber not
neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which
flies or rats may breed or multiply or 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.
0. 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 any other animals, domestic or wild, in any manner contrary to law, or which affect the
safety of the 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.
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ORDINANCE NO. 2263
PAGE 3 July 11, 2006
T.The existence of any vine, shrub, or plant growing on, around, or in front of any fire hydrant,
utility pole, utility box, or any other appliance or facility provided for fire protection, public or
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
agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and
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
Compliance Officer if he determines such action is necessary to protect the safety of
persons or adjoining property.
2.All maintenance shall be done in a manner so that soil stability will not be disrupte
disturbed. Grass, weed, or vegetation control shall not include plowing, discin
scraping the soil to eliminate the grasses, weeds, or other vegetation unless
stabilization plan, which will minimize blowing dust and maintain soil stability an
shall be approved by the city prior to any plowing, discing, or scraping, is impl
immediately.
d or
g, or
a soil
d which
emented
V. The existence of any dead, diseased, infected, or dying tree, shrub, or other vege ation which
may pose a danger to vegetation, crops, property, or persons.
hen the same W. The existence of any accumulation of materials or objects in a location w
endangers property, safety or constitutes a fire hazard. •et, alley, sidewalk,
per, wood, boards,
X.The depositing or burning or causing to be deposited or burned in any stre
parkway or other public place which is open to travel, of any hay, straw, pa
boxes, leaves, manure or other rubbish or material.
Y.The storage or keeping on any premises for more than thirty days of any used or unused
building materials as defined in Section 8.14.010 (B), whose retail cost new would exceed one
hundred dollars, without a special permit from the building official; provided, that nothing
herein shall:
1. Prohibit such storage without a permit when done in conj
project for which a building permit has been issued and
diligently to completion.
nction with a construction
which is being prosecuted
2. Prohibit such storage without a permit upon the premis
dealer in building materials or other commercial enterp
under the zoning ordinance and other applicable laws.
es of a bona fide lumber yard,
ise when the same is permitted
3. Make lawful any such storage or keeping when it is
laws.
prohibited by other ordinances or
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AA.
Z. The existence on any premises of any unused and ab
bile, boat or other vehicle or major parts thereof.
The keeping or maintenance in any area on privat
public street, sidewalk, park or other public area an
of any of the following: old appliances or parts
metal; inoperable vehicles, vehicle parts, mac
clothing, rags or cloth; straw, packing material
glass, cans, barrels, bins, boxes, container
determination shall not apply to conditions c
so as not to be visible from public property.
ndoned trailer, house trailer, automo-
e property which is clearly visible from a
y accumulation, collection or untidy storage
thereof; old iron, steel, aluminum or other
hinery or equipment; mattresses, bedding,
s, cardboard or paper, tin cans, wire, bottles,
, ashes, plaster or cement; or wood. This
ompletely enclosed within a building or fencing
Adopted by the City Council and signed by its May
Ronald C. Covey, Mayor (
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nald R. Cone, Finance Director
James A. W itaker, City Attorney
ORDINANCE NO. 2263
PAGE 4 July 11, 2006
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 in the 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 other
vehicles, 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 building the existence of any broken glass in windows or doors for more than thirty
(30) days.
II. Buildings or portions thereof that have faulty weather protection, such as openings in walls
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.
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.
ATTEST:
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