2299ORDINANCE NO. 2299
AN ORDINANCE AMENDING CHAPTER 8.14 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "NUISANCES"
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 "Nuisances" is amended as follows:
8.14.010 Definitions. The words and phrases used in this chapter, unless the context otherwise indicates,
shall have the following meanings:
A."Boarded Up Building" means any building, with at least twenty-five percent (25%) of exterior
openings closed by extrinsic devices or some other manner designed or calculated to be
permanent, giving the building the appearance of non-occupancy or non-use for an indefinite
period of time.
B."Correct" means to abate, repair, replace, remove, destroy or otherwise remedy the condition
in question by such means and in such a manner and to such extent as the enforcement
officer, in his judgment, determines is necessary in the interest of the general health, safety
and welfare of the community.
C."Code Enforcement 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 control of any premises.
F."Building materials" means and includes lumber, plumbing materials, wallboard, sheet metal,
plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar
materials.
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, or other sheeting, made of cloth, plastic, vinyl,
paper or other similar material.
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 or in any stream, drainage way or wetlands, the officer
may require or provide for the abatement thereof pursuant to this chapter.
•ORDINANCE NO. 2299
AN ORDINANCE AMENDING CHAPTER 8.14 OF THE MOSES LAKE MUNICIPAL
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
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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.
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
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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.
weeds in approved covered receptacles.
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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.
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.
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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. immeelately.
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.
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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 or causing to be deposited or burned in any street, alley, sidewalk,
parkway or other public place 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 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 conjunction with a construction project
for which a building permit has been issued and which is being prosecuted diligently to
completion.
2.Prohibit such storage without a permit upon 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 or keeping when it is prohibited by other 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 a
public street, sidewalk, park or other public area any accumulation, collection or untidy storage
of any of the 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 to conditions completely enclosed within a building or fencing 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 or business.
CC. The depositing of any debris, vegetation, lawn clippings, lumber piles, wood piles, auto parts
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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 or causing to be deposited or burned in any street, alley, sidewalk,
GG. The existence on any premise any unsecured, unused, or abandoned building or structures.
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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.
8.14.050 Notice of Violation and Order to Correct or Cease Activity. The Code Enforcement Officer, to be
designated by the City Manager, having determined that a public nuisance exists, shall issue a
Notice of Violation and Order to Correct or Cease Activity as provided in Chapter 1.20.
8.14.060 Correction by Owner or Other Responsible Person: If and when an owner or other responsible
person shall undertake action to correct any condition described in this chapter whether by order
of the Code Enforcement Officer, or otherwise, all necessary and legal conditions pertinent to the
correction may be imposed by the Code Enforcement Officer. It is unlawful for the owner or other
responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any
owner or other responsible person of the obligation of obtaining any required permits or approvals
to do any work incidental to the correction.
8.14.070 Abatement by the City:
A.In all cases where the Code Enforcement Officer has determined to proceed with issuance of
a Notice of Violation and Order to Correct, then ten (10) days after issuance of such Notice,
the city shall have the ability, in addition to any other remedy provided in this chapter and not
as an alternative means of abatement to the exclusion of others, to abate the nuisance
identified by the Code Enforcement Officer in the Notice of Violation and Order to Correct as
provided herein.
B.A violation of this chapter may be subject to abatement by the following means:
1.Summarily, by a restraining order or injunction issued by a court of competent jurisdiction;
or
2.Following issuance of a Notice of Violation and Order to Correct, and following the
expiration of the time to correct the condition or cease the activity constituting a nuisance
as identified in the Notice and Order, a written notice of the Code Enforcement Officer sent
by return receipt mail to the owner, as such appears on the rolls of the county assessor,
which notice shall state that the City Council will consider for adoption, after not less than
ten (10) days from the date of that notice, a resolution which shall describe the property
involved by street address or parcel number and the condition in violation of this chapter
and require the owner to make the removal or destruction of such condition. Such notice
shall state the owner may appear before the City Council at the time it considers such
resolution and that will be the owner's only opportunity to protest the proposed action of
the City Council to abate the nuisance as provided in this section. Such notice shall further
provide that should the City Council adopt such resolution it may direct therein that the
destruction or removal of the condition in violation of this chapter is to be accomplished by
city forces or contractors and that all costs, direct and indirect, of such work shall be
charged to the owner. If such removal or destruction is not made by the owner after the
notice is given, the City Council may by resolution passed not less than ten (10) days from
the date of the notice, cause the city to make the removal or destruction thereof as
provided herein and provide that the cost thereof shall become a charge against the owner
Adopted by the City Council and signed by its Mayor on March 27
Ronald C. Covey, Mayor
ATTEST:
APPROVED AS TO FORM:•
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of the property. This debt shall be collectible in the same manner as other debts owing to
the city.
8.14.080 Immediate Danger - Summary Correction: Whenever any condition on or use of property causes
or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to
the health or safety of the public or significant portion thereof, the Code Enforcement Officer shall
have the authority to summarily and without first giving notice correct the same. The expense of
such correction shall become a civil debt against the owner or other responsible party and be
collectible in the same manner as any civil debt owing to the city.
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.
Ronald R. Cone, Finance Director
ames A. Whitaker, City Attorney
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