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Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the compliance officer determines that any of these conditions exist upon any premises or in any stream, drainageway or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. The determination of the compliance officer shall be afforded great weight in the resolution of any contest over the enforcement of this Chapter. The determination of the compliance officer shall be sustained unless the court determines that the officer's application of this Chapter is contrary to law or the respondent establishes by a preponderance of the evidence that the factual basis for the issuance of the infraction or notice to correct unsafe or unlawful condition is unfounded. It is the policy of the City to establish a duty requiring each property owner within the city to maintain their premises in a neat, orderly and clean condition, to preserve property values, esthetics and quality of life.

A. VEGETATION.

1. 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.

2. All grasses, weeds, or other vegetation growing or which has grown and died, determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches in height measured above the ground except as follows:

a. Any parcel of land or contiguous segregated parcels of land which when combined represent a parcel larger than one acre in size, may comply with these requirements by providing a firebreak along that portion of the perimeter of the parcel which abuts developed property or an improved street. The firebreak shall be a minimum of twenty feet in width, within which all weeds and vegetation, except established trees, shall not exceed twelve inches in height measured above the ground.

b. Any designated public parkland, natural area, or environmentally sensitive area, or any large undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes.

c. Any of the above exceptions may be waived and additional maintenance required by the compliance officer if he determines such action is necessary to protect the safety of persons or adjoining property. All maintenance shall be done in a manner so as to minimize disruption of soil stability.

3. 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.

4. The keeping or permitting the existence of morning glory, tackweed, Russian thistle, or noxious weeds as listed by the Grant County Noxious Weed Control Board pursuant to RCW Chapter 17.10, growing or otherwise, which is a health or safety hazard to persons or property.

B. BUILDINGS, STRUCTURES, FENCES.

1. All buildings, other structures, or portions thereof which have been damaged by fire, decay, or have otherwise deteriorated so as to endanger the safety of the public.

2. 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.

C. PUBLIC WAYS; PRIVATE PROPERTY OF OTHERS.

1. All limbs of trees which are less than seven feet above the surface of any public sidewalk, or twelve feet above the surface of any street.

2. The repair or abandonment of any automobile, truck, or other motor vehicle of any kind upon the public streets or alleys of the city.

3. 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.

4. The depositing, storing, or burning or causing to be deposited, stored, or burned in any street, alley, sidewalk, parkway or other public place which is open to travel, of any debris, wood piles, auto parts or bodies, garbage, hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material.

5. 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 trimmings, and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch or public or private property of another in the city.

D. ACCUMULATIONS OF MATERIALS, GARBAGE, ETC.

1. The storage or keeping on any premises for more than thirty days of any used or unused building materials as defined in Section 6.30.040(b), whose retail cost new would exceed one hundred dollars, without a special permit from the building official; provided, that nothing herein shall:

a. 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;

b. Prohibit such storage without a permit upon the premises of a bona fide lumberyard, dealer in building materials or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable laws;

c. Make lawful any such storage or keeping when it is prohibited by other ordinances or laws.

2. 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 junk vehicles, vehicle parts, machinery or equipment; unused and abandoned trailer, house trailer, automobile, or other vehicle or major parts thereof; mattresses, bedding, clothing rags or cloth; straw, packing material, 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.

3. 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 public health as determined by the Grant County health district.

4. The existence of any weeds, trash, dirt, filth, the carcass of any animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter.

E. FIRE HAZARDS.

1. The existence of any accumulation of materials or objects in a location when the same endangers property, safety or constitutes a fire hazard.

2. All explosives, flammable liquids, and other dangerous substances stored or used in any manner in violation of the Uniform Fire Code.

F. TOXIC OR CAUSTIC SUBSTANCES.

1. 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.

2. Outside storage of containers with spent oil, solvents, or hazardous chemicals as defined by Washington State Department of Ecology.

G. HOLES, PITS, BODIES OF WATER, AND EXCAVATIONS.

1. 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.

2. 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.

3. Any man caused pool of standing or stagnant water, except storm drainage systems, which serves as a breeding area for insects.

H. ATTRACTIVE NUISANCES. 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 container, which does not have the door, lid or other locking device removed.

I. NOISE.

1. Any noise or sound that intrudes into the property of another person that exceeds the maximum permissible noise levels as established in WAC 173-60-010, as currently adopted and hereafter amended.

2. Sounds created by use of a radio, television set, musical instrument, sound amplifier or any other device capable of producing or reproducing sounds, which emanate frequently, repetitively or continuously from any building, structure or property located within a residential area, and which annoy or disturb the peace, comfort, or repose of a person of reasonable sensitivity.

3. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property.

4. Any other sound occurring frequently, repetitively, or continuously which annoys or disturbs the peace, comfort, or repose of a person of reasonable sensitivity.

J. DUST. The permitting of any condition or situation where the soil has been disrupted, disturbed, or destabilized so as to allow blowing dust to exist.

K. ANIMALS.

a. 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.

b. The killing and butchering of any animal on any residential lots within the city. Provided, game animals killed and gutted elsewhere may be skinned and cutup, and game birds may be plucked and cleaned so long as the skin, feathers and any other waste parts are promptly and properly disposed of so as to not produce an odor or attract insects or rodents.

c. 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 (more than four offenses in a twelve month period) in violation of Chapter 8.05, Animal Control.

L. PUBLIC HEALTH. 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.