1835 - Ordinance - Amending Chapter 9.30.020 Relating to Types of NuisancesNOTICE 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 October 22, 2001,
ORDINANCE NO. 1835
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE 9.30.020 (Ordinance
No. 1724 59.30.020) RELATING TO TYPES OF NUISANCES.
Copies of Ordinance No. 1835 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days afler publication, copies of Ordinance No. 1835 will be
provided at a nominal charge.
Michelle Merlin0
Deputy Clerk
Publish: Port Orchard Independent
October 31, 2001
KitsapleRals@soundpublishing.com
ORDINANCE NO. 1835
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING PORT ORCHARD MUNICIPAL CODE 9.30.020 (Ordinance
NO. 1724 59.30.020) RELATING TO TYPES OF NUISANCES,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9.30.020 is hereby amended to read as follows:
9.30.020 Types of Nuisances - Each of the following conditions. unless otherwise permitted by law is
declared to constitute a public nuisance and whenever the enforcement officer determines that any of these
conditions exist upon any premises or in any lake, river, stream drainage way, or wetlands, the officer may
require or 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)
(b)
The existence of any vines or climbing plants growing into or over any street tree, or any
public hydrant, pole or electrolier, or the existence of 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;
Streets, sidewalks, sewer, utilities or the public improvements,
Visibility on, or free use of, or access to such improvements;
(4)
(5) The existence of grass or weeds exceeding twelve 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 open space 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. (9 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)
(9)
The existence of caterpillar infestation;
The burning or disposal of refuse, sawdust or any other material without a permit;
Ordinance No.1835
Page 2 of 3
(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;
(1 1) 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, and one or more of the following disorderly, disease-causing
places, conditions or things:
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 nothing herein shall prevent the temporary retention of
waste in approved covered receptacles,
Any privies, vaults, cesspools, sumps, pits or like places which are not securely
protected from flies and rats, or which are foul or malodorous,
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,
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,
Any poison oak or poison ivy, russian thistle, tansy ragwort or other noxious
weeds, whether growing or othemise; but nothing herein shall prevent the
temporary retention of such weeds in approved covered receptacles,
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 trash, or abandoned material, unless it is kept in approved covered bins or
galvanized iron receptacles,
Any trash litter, rags, accumulations of empty barrels, 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;
(12) The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk,
park, 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;
(13) The existence of any fence or other structure or thing on private property abutting or fronts
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, housetrailer.
automobile, boat or other vehicle which is not currently registered with the State of Washington and does not
have a current registration tab on the vehicle's license plate which is attached to that vehicle, with the
following three exceptions:
(a)
(b)
An unregistered vehicle or trailer may be stored in a garage if that garage is secured
with a door, which can be closed,
One unregistered vehicle or trailer per residential lot can be stored under a tarp if
the tarp is well maintained and secured to that vehicle;
Ordinance No.1835
Page 3 of 3
(c) Any of the above listed items, which are useable but not required to be registered by
the State of Washington or the state of residence of the legal owner(s).
The existence on any premises of any major parts of a trailer. house trailer, automobile, boat (15) 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;
(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;
The existence on any premises in a place accessible to children, of any unattended andlor
discarded icebox, refrigerator, or other large appliance;
(18)
(19)
(20)
The existence of any drainage onto or over any sidewalk or public pedestrian way;
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. I
SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or
effectiveness of the remaining portions of this ordinance.
SECTION 3 This Ordinance shall be in full force and effect five (5) days after posting
and publication as required by law. A summaly 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 0 ,hard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 22& d&f October 2001.
Patricia Parks, City Clerk
y- -
LESLIE J. WEATHERILL, MAYOR