1948 - Ordinance - Repealing Ordinance 1907 Types of NuisanceORDINANCE NO. 1948
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING ORDINANCE NO. 1907 AND AMENDING PORT ORCHARD
MUNICIPAL CODE SECTION 9.30.020 REGARDING TYPES OF
NUISANCE
WHEREAS, in July 2003 the City Council adopted Ordinance No. 1907, which was
intended to repeal then Port Orchard Municipal Code section 9.30.020(19) regarding drainage over a
sidewalk or public pedestrian way; and
WHEREAS, a typographical error in Ordinance No. 1907 resulted in the repeal of
then POMC section 9.30.020(18) regarding the existence of large appliances in places accessible to
children; and
WHEREAS, drainage onto or over sidewalks or public pedestrian ways, now codified
in POMC section 9.30.020(18), is not considered a public nuisance but the existence of large
appliances in places accessible to children is in fact deemed to be a public nuisance; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. Ordinance No. 1907 is repealed in itsentirety.
SECTION 2. Port Orchard Municipal Code subsection 9.30.020(18) is hereby deleted in its
entirety and a new subsection 9.30.020(18) is added to read as follows:
9.30.020 Types of Nuisance
Each of the following conditions, unless otherwise permitted by law, is
declared to constitute a public nuisance and whenever the enforcement officer
determinates that any of these conditions exist upon any premises or in any lake,
river, stream, drainageway, or wetlands, the officer may requireor provide for the
abatement thereof pursuant to this chapter:
(1) The existence or any weeds, trash, dirt, filth, the carcass of any
animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive
matter;
(2) The existence of any dead, diseased, infestEd or dying tree that may
constitute a danger to street trees, streets or portions thereof;
(3) The existence of any tree, shrub or foliage, unless by consent of the
city, which is apt to destroy, impair, interfere or restrict:
(a) Streets, sidewalks, sewer, utilities or the public improvements,
(b) Visibility on, or free use of, or access to such improvements;
Ordinance No. 1948
Page 2 of 4
(4) The existence of any vines or climbing plants growing into or over any
street tree, or any public hydrant, pole or electrolier, or the existenceof any
shrub, vine or plant growing on, around or in front of any hydrant, standpipe,
sprinkler system connection or any other appliance of facility provided for fire
protection purposes in such a way as to obscure the view thereof or impair the
access thereto;
(5) The existence of grass or weeds exceeding 12 inches in height except
for the following:
(a) Areas maintained for domestic livestock,
(b) Public right-of-way,
(c) Undeveloped publicly owned watershed lands,
(d) Private property designated as openspace land, farm and
agricultural land and timberland under Chapter 84.34 RCW and taxed at current
use assessment,
(e) Wetlands and critical areas designated for protection under the
Growth Management Act, Chapter 36.07A RCW,
(f) Natural vegetation buffers designated on a plats or a city of Port
Orchard land use condition;
(6) The existence of any accumulation of materials or objects in a location
when the same endangers property, safety or constitutes a fire hazard;
(7) The existence of a sidewalk or a portion of a sidewalk adjacent to any
premises which is out of repair, and in a condition to endanger persons or
property, or in a condition to interfere with the public convenience in the use of
such sidewalk;
(8) The existence of caterpillar infestation;
(9) The burning or disposal of refuse, sawdust or any other material
without a permit;
(10) The existence of any obstruction to a street, alley, crossing or
sidewalk, and any excavation in or under any street, alley, crossing or sidewalk,
which is by ordinance prohibited, or which is made without lawful permission or
which, having been made by lawful permission is kept and maintained after the
purpose thereof has been accomplished, or for an unreasonable length of time;
(11) 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 followingdisorderly, disease -
causing places, conditions or things:
(a) Any putrid, unhealthy or unwholesome bones, meat, hides, skins,
the whole or any part of any dead animal, fish or fowl, or waste parts of fish,
vegetable or animal matter in any quantity; but rothing herein shall prevent the
temporary retention of waste in approved covered receptacles,
(b) Any privies, vaults, cesspools, sumps, pits or like places which are
not securely protected from flies and rats, or which are foul or malodorous,
Ordinance No. 1948
Page 3 of 4
(c) 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,
(d) 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,
(e) Any poison oak or poison ivy, Russian thistle, tansy ragwort or
other noxious weeds, whether growing or otherwise; but nothing herein shall
prevent the temporary retention of such weeds in approved covered receptacles,
(f) Any bottles, cans, glass, ashes, small pieces of scrap iron, wire,
metal articles, bric-a-brac, broken stone or cement, broken crockery, broken
glass, broken plaster and all such trath, or abandoned material, unless it is kept
in approved covered bins or galvanized iron receptacles, barrels, barrels,
(g) Any trash litter, rags, accumulations of empty
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;
(12) The depositing or burning or causing to be deposited orburned in
any er
ublic
open to
travel, of any hay, Ist awlkpaper, wood, boards, hbo x s, leaves, ace which s
es, manure or other
rubbish or material;
(13) The existence of any fence or other structure or thing on private
property abutting or fronting upon any public street, sidewalk or place which is in
a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition;
(14) The existence on any premises of any unused or abandoned trailer,
house trailer, automobile, boat or other vehicle which is not currently registered
statewith the and does not have a
on tab on
vehicle's I cense p atehwhichnis attached tot at vehicle, ewith the folnt llowing threee
exceptions:
(a) An unregistered vehicle or trailer may be stored in a garage if that
garage is secured with a door which can be closed,
(b) One unregistered vehicle or trailer per residential lot can be stored
under a tarp if the tarp is well maintained and secured to that vehict;
(c) Any of the above listed items, which are usable but not required to
be registered by the state of Washington or the state of residence of the legal
owner(s); (15) The existence on any premises of any major parts of a trailer, house
trailer, automobile, boat or other vehicle, to include batteries, tires, and wheels;
(16) The storage or placement of household garbage, litter, construction
debris or other trash in any trailer, house trailer, automobile, boat or other vehicle
for more than 24 hours;
Ordinance No. 1948
Page 4 of 4
(17) The existence on any premises of any abandoned or unused well,
cistern or storage tank without first demolishing or removing from the city such
storage tank or securely closing and barring any entrance or trapdoor thereto or
without filling any well or cistern or capping the same with sufficient security to
prevent access thereto by children;
(18)The existence on any premises in a place accessible to children, of
any unattended and/or discarded icebox, refrigerator, or other largeappliance;
(19) The existence of any goods, merchandise, or property of any kind on
any streets, alleys or sidewalk of the city, which unreasonably obstructs
pedestrian or vehicular traffic.
SECTION 3. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passagethis 12th day of July 2004.
v F. A4A
KIM E. ABEL, MAYOR
ATTEST:
Michelle Merlino, Deputy City Clerk
APPROVED AS TO FORM: Sponsored by:
Z�TAA,ust- city Attorney ;
Councilmember Rick Wyatt
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held July 12, 2004.
ORDINANCE NO. 1948
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
REPEALING ORDINANCE NO. 1907 AND AMENDING PORT
ORCHARD MUNICIPAL CODE SECTION 9.30 020 REGARDING TYPES
OF NUISANCES.
Copies of Ordinance No. 1948 are
Orchard. Upon written request
interested person without charge.
provided at a nominal charge.
City of Port Orchard ^ `
Michelle Merlino
Deputy Clerk
available for review at the office of the City Clerk of the City of Port
statement of the full text of the Ordinance will be mailed to any
Thirty days after publication, copies of Ordinance No. 1948 will be
Publish: Port Orchard Independent
July 21, 2004
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