The city council will soon be examining the nuisance ordinances. Last Tuesday, the council got to see the new language, and I think everyone should look at. The language was drafted by staff in response to complaints that they have received about other properties.
No one wants to live to next to an ugly property, but remember, when it come to the law, what goes around, comes around.
Below is a section of the proposed language. The complete language can be found here. Ask yourself a few questions as you read it:
Do you think the language describes a true “nuisance”?
Could the language apply to something that isn’t a nuisance?
Can you live by the standards imposed?
Your opinion is really important here. I am sure council members will definitely want to hear from you if you have compliments or concerns.
6.20.040 Types of nuisances.
The actions and conditions enumerated as public nuisances pursuant to Chapter 7.48 RCW are hereby designated as public nuisances for purposes of this chapter. Each of the following actions and conditions, unless otherwise permitted by law, is additionally declared to constitute a public nuisance:
A. Any junk, trash, litter, boxes, salvage materials or lumber not neatly stacked in any front yard, side yard, rear yard or vacant lot.
B. Any attractive nuisances dangerous to children, including but not limited to the following items when located outside of a fully enclosed building:
1. Abandoned, broken or neglected equipment;
2. Rusted, jagged, sharp or otherwise potentially dangerous machinery;
3. Household or commercial appliances, including but not limited to refrigerators, freezers, washers, dryers, dishwashers, ovens, hot water tanks or toilets;
4. Unpermitted excavations; and/or
5. Unprotected or open wells or shafts.
C. Any broken, soiled or discarded furniture, household equipment or furnishings.
D. Any graffiti on the exterior of any building, fence or other structure in any front yard, side yard, rear yard or on any object in a vacant lot.
E. Any vehicle parts or other articles of personal property which are stored, discarded or left in a state of partial construction or repair in any front yard, side yard, rear yard or vacant lot.
F. Any hazardous trees, or any other vegetation which is dangerous to the general public health, safety and welfare, located in any front yard, side yard, rear yard, or vacant lot.
G. Any structure or other constructed object not governed by the International Building Code that is decayed, damaged, or in disrepair and poses a substantial threat of collapse, structural failure or falling.
H. Any accumulation, stack or pile of building, landscaping or construction materials which are exposed to the elements or are in disarray and which are not directly associated with a project on the premises for which a current building permit has been obtained; or, with respect to a project which does not require a permit, that is in progress or which is scheduled to begin within ten (10) business days. Construction materials include but are not limited to metal, wood, wire, drywall, electrical components, and any supplies, equipment or other items utilized for painting, landscaping, logging, roofing, masonry or plumbing.
I. Any stacks or accumulations of newspapers, cardboard, or other paper, cloth, plastic, or rubber left or stored in a manner which poses a substantial risk of combustion, a threat of fire, or that may harbor, serve as an attraction for or promote the infestation of mold, insects and/or vermin.
J. Any storage or keeping of any toxic, flammable, or caustic substance or material except in compliance with applicable requirements of state or federal law.
K. Any accumulations of perishable matter, including but not limited to food stuffs, that may harbor or attract the infestation of mold, insects and/or vermin.
L. Any stagnant, pooled water in which mosquitoes, flies or other insects may reproduce.
M. Any garbage stored outdoors that is not kept in a fully contained receptacle with a tight-fitting lid.
N. Any recyclable materials which are stored outside and which are not regularly disposed of on a scheduled disposal cycle not to exceed thirty (30) days.
O. Any compost kept in a manner which attracts infestations of insects or which emits foul odors detectable at or beyond the boundary of the underlying property.
P. Any shopping carts located in any front yard, side yard, rear yard, vacant lot, or rights-of-way, except where such shopping carts are owned and/or utilized for their designated purpose upon the underlying premises.
Q. Any uncultivated berry vines and Class B or Class C Noxious weeds (as classified by the Washington State Noxious Weed Control Board) which exceed an average of three feet in height within five feet of an adjacent property.
R. Any violation of the noxious weed regulations contained in Chapter 6.30 ECC.
S. Any unpermitted obstruction of any street, alley, crossing or sidewalk, and any unpermitted excavation therein or thereunder.
T. Any garbage receptacle, recycling bin or compost container located within the front yard setback unless screened from view.
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1 comment:
Interesting. I used to live in Edmonds and noted that there are quite a number of senior citizens living there. These seniors are going to have trouble if they have to store their garbage cans and recycling cans in the rear of their property because they cannot afford to build something to screen them in the front of their property. They're going to have to haul them all the way around to the front on pickup day. What a pain. Can most people just agree that garbage cans are a normal part of owning a house and that it makes sense to have them in front of the house? Yes, keep them tidy and pick up anything that falls out of them, or anything that is hanging out of them. But forcing people to screen them is just silly.
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