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Home My WebLink About2980 OrdinanceORDINANCE NO. 2qi:10 AN ORDINANCE concerning public nuisances, and amendmg Chapter 9 60 of the Pasco Murucipal Code WHEREAS, amendments are necessary to Chapter 960 concerning public nuisances to provide greater clarity of meaning and to incorporate specifically certain commonly occunng nuisance problems m the City not previously specifically addressed, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: §1. Chapter 9 60 of the Pasco Municipal Code for purposes of promoting the public health, safety and welfare is hereby amended to read as follows (additions shown by underlining and deletions shown by interdelmeation) CHAPTER 960 PUBLIC NUISANCES Sections 9 60 010 Person defined 9 60 015 Unlawful Conduct 9 60 020 Nuisance defined 9 60 030 Specific nuisances 9 60 040 Secure closing of unoccupied buildings 9 60 050 Entenng unoccupied buildings 9 60 060 Failure to abate continuing nuisance 9 60 070 Causing or maintaining nuisance 9 60 080 Penalty for violation 9 60 090 Abatement of nuisances 9 60 095 Enforcement authority 9 60 100 Money collected for abatement purposes 9 60 110 Provisions of chapter cujulative 9 60 120 Each day as separate offense 9 60 010 PERSON DEFINED For the purposes of this chapter the word "person" wherever used m this chapter, means and includes natural persons of either sex, firms, co-partnerships and corporations, and all associations of natural persons, whether acting by themselves or by a servant or employee (Prior code Sec 10-4 04) 9 60 015 UNLAWFUL CONDUCT It is unlawful for any person to perform any act or fail to perform any act the performance or non performance of which constitutes a nuisance as defined in Section 9 60 020 or 9 60 030 of this Chapter Any person found guilty of comittmg a nuisance shall be penalized as set forth in Section 9 60 080 of this Chapter 9 60 020 NUISANCE DEFINED A nuisance consists in doing an unlawful act, or omitting to perform a duty, or suffenng or permitting any condition or thing to be or exist, which act, omission, condition or thing either (1) Unreasonably annoys, injures or endangers the comfort, repose, health or safety of others, or - -(2) -Offerids-deeency, or - (-3) (2) Is unreasonably offensive to the senses, or - (4) (3) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any stream, public park, parkway, square, street, highway, or sidewalk, in the city, or - (5) (4) In any way renders other persons insecure in life or the use of property, or -(6) (5) Obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life and property (Pnor code Sec 10-4 08) (6) Creates or permits the existence or continuance of any of the specific nuisances identified in Section 9 60 030 of this Chapter 9 60 030 SPECIFIC NUISANCES The following specific acts, omissions, places, conditions, and things are declared to be nuisances The erecting, mamtammg, using, placing, depositing, leaving or permitting to be or remain in or upon any pnvate lot, building, structure or premises, or in or upon any sidewalk, street, avenue, alley, park, parkway, or other public or pnvate place m the city, of any one or more of the following disordered, disturbing, unsanitary, fly and/or mosquito producing, rat-harboring, disease-causing places, conditions or things, that is to say (1) The keeping or harboring of any dog or cat which by frequent or habitual howling, yelping or barking annoys or disturbs the comfort or repose of any person or persons m the vicinity, (2) The keeping of rabbits, chickens, goats, pigs, bees, mules, horses, mink, dogs, cats, muskrats, or any other animals within the city limits of the city that are of such nature as to create offensive smells, noises and conditions in the vicinity in which they are kept, (3) Unnecessary tooting of automobile horns, unnecessarily loud playing radios in automobiles, or radios, phonographs, televisions or other sound equipment in other places so as to obstruct the reasonable and comfortable use of the adjoining property within the corporation limits of the city, (4) Any putnd, unsound, or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish, or fowl, (5) Pnvies, vaults, cesspools dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous, - 2 - (6) Filthy, littered or trash-covered cellars, house yards, barnyards, stable yards, factory yards, vacant areas in rear of stores, vacant lots, houses, buildings, alleyways, or premises, or placing, dropping, disposing, throwing away, or otherwise discarding litter, garbage, refuse, cans, bottles, paper or paper matenal, metal, orgamc or inorganic matenal, upon property other than in receptacles or areas as designated in Chapter 604, (7) Animal manure m any quantity which is not securely protected from flies and the elements, or which is kept or handled m violation of any ordinance of the city, (8) Poison oak, poison ivy, or poison sumac (whether growing or otherwise), liquid household waste, human excreta, garbage, butchers' trimmings and offal, parts of fish or any waste vegetable or animal matter m any quantity, provided nothing herein contamed shall prevent the temporary retention of waste in receptacles m the manner approved by the health officer of the city nor the dumping of nonputrifying waste in a place and manner approved by the health officer, (9) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bnc a brac, broken stone or cement, broken crockery, broken glass, broken plaster, automobile bodies and/or parts, and all such trash or abandoned matenal, unless the same be kept m covered bins or galvanized iron receptacles approved by the health officer, (10) Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packmg hay, straw, or other packing matenal, lumber not neatly piled, scrap iron, tin and other metal not neatly piled or anything which may be a fire danger, (11) Any unsightly building, billboard, fence, excavation, or other structure, or any abandoned or partially destroyed building, fence, excavation or structure, or any building, fence, excavation or structure commenced and left unfinished, (12) All places used or maintained as junkyards, or dumping grounds, or for the wrecking or dissembling of automobiles, trucks, tractors, or machinery of any kind, or for the stonng or leaving of wornout, wrecked or abandoned automobiles, trucks, tractors,or machinery of any kind, or of any of the parts thereof, or for the stonng or leaving of any machinery or equipment used by contractors or builders or by other persons, which places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, (13) The act of slaughteFing -or butchenng of any animal or fowl unless such act is performed within a building or other enclosure which prohibits view or sound of such act from other private or public property, or to brmg any live animal or live fowl to any lot, parcel, or tract of land in any residential distnct for the purpose of slau liting or butcherm the animal or fowl or to en a e in the act of slaughtenng or butchering any such live animal in a residential district, or to dry any meat of any animal or fowl unless such act is - 3 - performed within a building or enclosure which prohibits the view of such act from other public or pnvate property (Ord 2274 Sec 1, 1981 Ord 1972 Sec 8, 1978 Ord 1806 Sec 1, 1976 pnor code Sec 10-4 12) (14) The dryingofi_cl othing, sheets, towels, or other laundry m any yard area of any property m any residential district of the City on any structure, vegetation or foliage, except on clotheslines specifically erected for that purpose in the rear yard area of the property as defined PMC 22 12 860 (15) Lawns, shrubs, trees or other plantings that have been dead for more than three frost free months, and any front or rear yard areas on any lot, parcel or tract of land m a residential district of this City that has become populated with weeds to the extent that it subjects tieighbonng residential properties to weed growth (16) Weeds, noxious weeds, grass, and other vegetation which constitutes a fire hazard, encroaches on sidewalks or neighboring properties, is damaging public improvements, impairing the vision of traffic signs or agnals, and/or has reached a height of twelve inches 9 60 040 SECURE CLOSING OF UNOCCUPIED BUILDINGS Every agent or owner of any unoccupied building in the city shall keep the same securely closed at all times against persons who may enter and commit a nuisance or other crime therein and to keep out pigeons, vermin or other animals or birds from entering therein Any operungs or damaged windows or doors closed with other than one-half inch exterior grade plywood or other material approved by the Building Inspector and painted a solid black or other solid color approved by the Director of Community Development that will match the buildin exterior color or an such covenn that is not cut and placed such that it's corners are square and it evenly covers and secures the opening (Pnor code Sec 10-4 16) 9 60 050 ENTERING UNOCCUPIED BUILDING It is unlawful for any person to enter any unoccupied building and commit a nuisance therein (Pnor code Sec 10-4 20) 9 60 060 FAILURE TO ABATE CONTINUING NUISANCE Every successive owner of property who neglects to abate a continuing nuisance upon or m the use of such property caused by a former owner, is liable therefor m the same manner as the owner who created it (Prior code Sec 10-4 24) 9 60 070 CAUSING OR MAINTAINING NUISANCE It is unlawful for any person to erect, contrive, cause, continue, or maintain a nuisance as herein defined or prohibited (Prior code Sec 10-4 28) - 4 - 9 60 080 PENALTY FOR VIOLATION Every person who violates any of the provisions of this chapter has committed a code infraction and shall pay a penalty not to exceed four hundred fifty dollars Any person who violates the provisions of this chapter and permits weeds, noxious weeds, rubbish, debns, or decomposing animal or vegetable matter to accumulate or remain upon any real property owned or occupied by him or her in the city so that it shall become a fire hazard or cause or create an unsanitary or unsightly condition or become injurious or detnmental to the public health or welfare, or who permits weeds, noxious weeds, grass or other vegetation to reach a height in excess of one foot withm an area of twenty feet of any existing buildmg or a height of two feet m any other location, shall, in addition to the other civil penalties provided for in this section, after being notified by the code enforcement officer or his designee to remove the matenal within a penod of time specified in the notice as herein provided, shall have committed a code infraction and shall be punished by payment of a penalty not to exceed four hundred fifty dollars, and each day that such fire hazard or unsanitary or unsightly condition is maintained upon the premises shall constitute a separate code infraction under this chapter Any owner or occupant of such property who refuses or fails for any reason to pay the amount billed to them for the city's cleaning, leveling, removal, or destruction of the nuisance within thirty days from the billmg date, shall have committed a code infraction and shall be punished by payment of a civil penalty not to exceed four hundred fifty dollars Any person not bemg the owner or occupant of such property, who places or causes to be placed rubbish or debns upon any real property in the city in violation of the provisions of this chapter, shall be guilty of a code infraction and shall be punished by a civil penalty m an amount not to exceed four hundred fifty dollars and the placing or causing to be placed of each article of rubbish or debns shall constitute a separate code infraction under this chapter (Ord 2450 Sec 2, 1983 Ord 1894 Sec 1, 1977 pnor code Sec 10-4 32) 9 60 090 ABATEMENT OF NUISANCES (a) Whenever a nuisance exists as defined in this chapter, the city may pursue by a suit m equity of the superior court of Franklin County to enjoin and abate the same m the manner provided by law, or it may elect to enforce the provisions of this chapter by uniform citation and/or complaint filed in the Pasco municipal court, or it may elect to abate the nuisance by following the provisions set forth below (b) It is the duty of the director of community development for the city or his designee to notify in wntmg, the owner or occupant of any lot, parcel or tract of land within the city upon which weeds, grass, vegetation, rubbish, debns or decomposing animal or vegetable matter has accumulated so as to become a fire hazard or mjunous or detrimental to the public health or welfare and to create an unsightly or unsanitary - 5 - condition, requesting the owner or occupant to remove the weeds, noxious weeds, grass, vegetation, rubbish, debris or decomposing animal or vegetable matter withm the penod of time specified in the notice In case the owner of the premises, or the occupant thereof, or any other person or persons creating, causing or committing, or maintaining the same, should fail to remove the weeds, noxious weeds, grass, vegetation, rubbish, debris, or decomposing animal or vegetable matter or any other substance causing any fire hazard or creating an unsightly or unsanitary condition or condition injurious to the public health or welfare, within the specified period of time, then the city may proceed upon the premises and clean and level the premises and remove the weeds, noxious weeds, grass, vegetation, rubbish, debris or decomposing animal or vegetable matter, and the cost to the city for such cleaning, leveling, removal or destruction shall be at the expense of the owner or occupant of the property or against any other person or persons creating, causing or committing or mamtaimng the same, and such amount, together with the reasonable legal and administrative cost incurred by the city m relation thereto and for collection, shall be paid within thirty days of the billing date, and if not paid withm such time period, to levy a special assessment on the land or premises where the nuisance is situated to defray the cost or to reimburse the city for the cost of abating the same Notice of the lien shall be filed with the Franklin County auditor (c) Whenever m any action brought in the Pasco municipal court, it is established that a nuisance exists as defined m this chapter, the court shall, together with the fine imposed, if any, enter an order of abatement as part of the judgment in the case, which order shall direct either (1) That such nuisance be abated or removed by the defendant within a time limited by the court, and not exceeding thirty days, or (2) That the nuisance may be abated by the city at the cost of the defendant (Ord 2519 Sec 1, 1984 Ord 2459 Sec 1, 1983 Ord 2450 Sec 1, 1983 Ord 1894 Sec 2, 1977 prior code Sec 10-4 36) 9 60 095 ENFORCEMENT AUTHORITY It is the duty of the code enforcement officer or his designee to enforce the provisions of this chapter, and it is his duty to make the proper citations for the prosecution of any person or persons violating this chapter The code enforcement officer is further authorized and directed to bill the property owner or occupant for the cost to the city for removal of any material as provided m this chapter (Ord 2450 Sec 3, 1983) 960 100 MONEY COLLECTED FOR ABATEMENT PURPOSES All moneys collected for abatement purposes, as provided m this chapter, shall be separately stated and itemized by the clerk of the police court in his report to the city treasurer and shall be credited by the city treasurer - 6 - to the department or division of the city government which shall be actually employed m the abatement of such nuisance (Prior code Sec 10-4 40) 960 110 PROVISIONS OF CHAPTER CUMULATIVE The provisions of this chapter shall be cumulative and in addition to the provisions of the now existing ordinances of the city (Pnor code Sec 10-4 44) 960 120 EACH DAY AS SEPARATE OFFENSE Each day's, or part of a day's continuance of anything prohibited by this chapter shall be a separate offense hereunder (Prior code Sec 10-4 48) §2. This ordinance shall take effect five (5) days after passage and publication Passed by the City Council of the City of Pasco, at its regular meeting on this 18 ay of January, 1994 // Mayor FPO ATTEST APP OVE AS TO A IRINED RUB STELLO Deputy City Clerk rney -7 CITY OF PASCO SUMMARY OF ORDINANCE NO1D.I0 ORDINANCE NO a9.1.0 is an ordinance relating to nuisances and amending PMC Chapter 9 60 dealing with specific definitions of nuisances and defining unlawful conduct as it relates to nuisances Section 1 Contains existing Chapter 9 60 Public Nuisances in its entirety and the following amendments A 9 60 015 is a new section stating that the performance or non performance of certain acts constitutes a nuisance B Section 9 60 020 includes a new subsection 6 that adds specific nuisances to the general nuisance definition C Section 9 60 030 has been amended to include three new sections dealing with weeds, unkepted yards and the hanging of laundry to dry on items other clothes lines This Section has also been amended to prohibit the slaughtering animals in residential districts D Section 9 60 040 has been amended to specify how building should be secured so as not to become a nuisance Section 2 Requires the ordinance or this summary herein to be published before is in effect The full text of Ordinance No acno is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 54 -3402 P 0, Box 293, Pasco, Washington 99301 Catherine D Seaman, Deputy City Clerk C SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF , Notary Mc in and for the State of Wash- ington, residing at Pasco WA COMMISSION EXPIRES 7-- Attz.V> exitsq, Too P 0 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LLLz1LL ADVEC27M1102 INVOICE DATE 01/2/9 LEGAL NO #1 ..717 ACCOUNT NO 50550 DESCRIPTION LEGAL #17717/CITY OF PASCO TIMES 001 INCHES 4.70 SOLD TO PASCO, CITY OF LEGALS P.O. BOX 293 PASCO WA 99:301 TOTAL g 50.67 RIOTOCIE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFLIDLYN OF PUE3E8CAY1100 COUNTY OF BENTON • SS STATE OF WASHINGTON 1° -t1.4VtEtIVED JAN 27 1994 ANCE. DEPT Carole McKenzie , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a I FSA! q7 in I TY nF PASC11 as it was printed in the regular and entire issue of the Tn-City Herald itself and not in a supplement thereof, 1 time(s), commencing on ni /P -r,/ ;IL , and ending on ni/P7/q4 , and that said newspaper was regulary distributed to its subscribers during all of this period CITY OF PASCO r SUMMARY OF ORDINANCE NO 2980 ORDINANCE NO 2980 is an ordinance relating to nut sances and amending PMC Chapter 960 dealing with specific definitions of nui sances and defining unlawful conduct as it relates to nui sance Section 1 Contains existing Chapter 9 60 Public NUI sances in its entirety and the following amendments A 960 015 is a new section stating that the performance or non pert romance of certain acts constitutes a nuisance B Section 960 020 includes a new subsection 6 that adds specific nuisances to the gen- eral nuisance definition C Section 9 60 030 has been amended to include three new sections dealing with weeds unkepted yards and the hanging of laundry to dry on items other clothes lines This Section has also been amended to prohibit the slaughtering animals in resi- 'dental distncts D Section 960 040 has been amended to specify how building should be secured so as not to become a nuisance Section 2 Requires the ordi- nance or this summary here- in to be published before is in effect The full text of Ordinance No 2990 is available free of charge to any person who re- quests it from the City Clerk of the City of Pasco (509) 545 3402 P 0 Box 293 Pasco Washington 99301 s Cathenne D Seaman - Deputy City Clerk #197 1/23/94 i < TRANSACTION REPORT > 01-19-1994(4ED) 10 47 \ PG DURATION MODE RESULT 6 0°02 17 NORM E OK 6 0°02 17 C MRA NI S NI I 7- 3 NO DATE TIME DESTINATION STATION 2518 1-19 10 45 15095821453 "Alai riIiiIiiIIiI IiIIjJIII IIIIIiIhIIIiIl V FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 January 19, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 2991, and Summary of Ordinance(s) No 2980 and 2990 on the following date January 23, 1994 Please send two (2) Affidavits of Publication for each Thank you, Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included AGENDA REPORT NO 7 -1 FOR City Council I TO Gary Crutchfield, FROM Dave d, i SUBJECT CODE AMENDMENT - NUISANCES/TASK FORCE RECOMMENDATIONS I REFERENCE(S) A Proposed Ordinance Amending PMC Chapter 9 60 B Ordinance Summary II ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION(S) 1/18/94 MOTION I move to adopt No 2980 . amending PMC Chapter 9 60 dealing with nuisances and authorize publication by summary III FISCAL IMPACT None IV HISTORY AND FACTS BRIEF See agenda report for 1/10/94 V DISCUSSION The proposed ordinance would amend PMC Chapter 9 60 by defining the following acts as nuisances The proposed ordinance would amend PMC Chapter 9 60 by defining the following acts as nuisances 1) The drying of laundry in any yard area except on clothes lines in the rear yard 2) Residential yards that have been allowed to fall into a state of disrepair for more than three frost-free months 3) Weeds, noxious weeds, grass and other vegetation constituting fire hazards or encroaching on neighbors property or vegetation that impairs vision of traffic signals The proposed code amendment also redefines the general definition of nuisances and creates provisions for securing unoccupied buildings Ordinance No 2980 as originally tabled contained language dealing with the building code, sanitation regulations, and nuisance regulations To simplify the codification process, the language of this ordinance has been modified to include only provisions dealing with nuisances This matter has been reviewed by the City Attorney and it has been determined that as long as those changes have been noted, it would be acceptable to continue to use the original ordinance number (2980) assigned This avoids multiple motions and confusion associated with assignment of additional ordinance numbers anager WORKSHOP REGULAR 1/18/94 Community Development Director Date 1/11/94