2500ORDINANCE NO. 2500
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:
8.14.030 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 deter-
mines 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 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 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:
ORDINANCE NO. 2500
PAGE 2 July 28, 2009
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.
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
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ORDINANCE NO. 2500
PAGE 3 July 28, 2009
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
Enforcement 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 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 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 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 (F) , 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,
automobile, 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
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.
Adopted by the City Council and signed by its Mayor on July 28, 200
Ronald C. Covey, M
ATTEST:
X/
VED AS TO FORM:
mes A. Whitaker, Ci y At orney
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ORDINANCE NO. 2500
PAGE 4 July 28, 2009
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.
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 in force five (5) days after its passage and publication
of its summary as provided by law.
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Ronald R. Cone, Finance Director