9.24.010 Nuisances enumerated.

Each of the following conditions, unless otherwise expressly permitted by law, is declared to constitute a public nuisance:

(1)    On property with a rural zoning classification under Title 40, i.e., agricultural-wildlife district (AG-WL), resource (FR-80, FR-40, AG-20), rural (R-5, R-10, R-20), urban reserve (UR-10, UR-20), rural center residential (RC-1, RC-2.5), rural commercial (CR-1, CR-2):

(a)    The outside accumulation within the front and side yard of two (2) or more cubic yards of waste, rubbish and trash, including but not limited to bottles, cans, glass, wire, broken crockery, broken plaster and other similar abandoned, discarded or unused material, which is visible from an adjacent property or roadway, unless kept in covered waste receptacles; provided, that nothing herein shall prohibit the maintenance of a compost pile outside the front and side yard as long as the usage of the same is intended for the household’s use;

(b)    The outside storage within the front and side yard of abandoned, discarded or unused objects or equipment, excluding farm equipment; including but not limited to household furniture, stoves, refrigerators and freezers which are visible from an adjacent property or roadway;

(c)    The outside storage within the front and side yard for more than sixty (60) days of more than five (5) cubic yards of any used or unused building materials which are visible from an adjacent property or roadway; provided, that nothing herein shall:

(i)    Prohibit such storage when done in conjunction with a construction project for which a building permit has been issued and which is being pursued diligently to completion;

(ii)    Prohibit such storage 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;

(iii)    Make lawful any such storage when it is prohibited by other ordinances or laws;

(d)    The presence of any unattached vehicle or boat parts or three (3) or more abandoned or inoperable vehicles and/or boats that:

(i)    Have remained in the same location or on the same contiguously owned property for more than thirty (30) consecutive days;

(ii)    Are within the front, side or rear yard; that are visible from an adjacent property or roadway; and

(iii)    Meet any of the following criteria:

(A)    The vehicle is missing a major component such as the engine, transmission, battery, tire(s), u-joint, differential, front suspension; or

(B)    The vehicle cannot be started and set into motion both forward and reverse for a distance of one hundred (100) feet; or

(C)    The boat has holes or visible damage that would substantially impair the boat’s safe operation;

(e)    Vehicles/boats exempt from enforcement of the nuisance ordinance are limited to:

(i)    Any vehicle or its components to be used as evidence in litigation when stored under a tarp or cover;

(ii)    Any vehicle or boat screened within the side or rear yard which has a value over five hundred dollars ($500.00) and is currently being restored, provided a schedule is submitted and a continuous good faith effort is shown toward completion every thirty (30) days. A project vehicle must be stored on the property under a tarp or cover. Each parcel is limited to one project vehicle or boat;

(iii)    Any vehicle or boat which has been moved into an enclosed structure or that is moved to an area that is not visible from adjacent roads or properties; or

(iv)    Any farm machinery or equipment.

(2)    On property zoned in an urban classification under Title 40, i.e., all zoning classifications other than those provided for in subsection (1) of this section:

(a)    The outside accumulation of more than one (1) cubic yard of waste, rubbish and trash, including but not limited to bottles, cans, glass, wire, broken crockery, broken plaster and any other similar abandoned, discarded or unused material, which is visible from an adjacent property or road, unless kept in covered waste receptacles; PROVIDED, that nothing herein shall prohibit the maintenance of a compost pile outside of the front or side yards as long as the usage of the same is intended for the household’s use.

(b)    The outside storage of abandoned, discarded or unused objects or equipment, including but not limited to tires, household furniture, stoves, refrigerators and freezers, which are visible from an adjacent property or road.

(c)    The outside storage for more than sixty (60) consecutive days of more than five (5) cubic yards of any used or unused building materials which are visible from an adjacent property or road; PROVIDED, that nothing herein shall:

(i)    Prohibit such storage when done in conjunction with a construction project for which a building permit has been issued and which is being pursued diligently to completion;

(ii)    Prohibit such storage 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 law;

(iii)    Make lawful any such storage when it is prohibited by other ordinances or laws.

(d)    The presence of any unattached vehicle or boat parts or abandoned or inoperable vehicles and/or boats that:

(i)    Have remained in the same location or on the same contiguously owned property for more than thirty (30) consecutive days;

(ii)    Are within the front, side or rear yard; that are visible from an adjacent property or roadway; and

(iii)    Meet any of the following criteria:

(A)    The vehicle is missing a major component such as the engine, transmission, battery, tire(s), u-joint, differential, front suspension;

(B)    The vehicle cannot be started and set into motion both forward and reverse for a distance of one hundred (100) feet; or

(C)    The boat has holes or visible damage that would substantially impair the boat’s safe operation.

(e)    Not more than one (1) boat or one (1) trailer containing personal watercraft (as defined by state law) may be parked or stored within the required front or side yard zoning setback as established in Title 40. In all urban residential districts, the parking or storage of the second or subsequent boat or trailer containing personal watercraft is limited to the rear yard only. This restriction shall not apply to the storage of a boat in a fully enclosed building.

(f)    Vehicles/boats exempt from enforcement of the nuisance ordinance are limited to:

(i)    Any vehicle or its components to be used as evidence in litigation when stored under a tarp or cover;

(ii)    Any vehicle or boat screened within the side or rear yard which has a value over five hundred dollars ($500.00) and is currently being restored, provided a schedule is submitted and a continuous good faith effort is shown toward completion every thirty (30) days. A project vehicle or boat must be stored on the property under a tarp or cover. Each parcel is limited to one (1) unenclosed project vehicle or boat;

(iii)    Any vehicle or boat which has been moved into an enclosed structure or that is moved to an area that is not visible from adjacent roads or properties;

(iv)    Any farm machinery or equipment.

(g)    Motor and recreational vehicles parked in front yards on pervious surfaces.

(h)    Truck tractors and semi-trucks as defined by RCW 46.04.655 or 46.04.530 parked or stored in residentially zoned areas in front yards outside the driveway, connecting the street.

(i)    All grasses and nuisance weeds greater than twelve (12) inches on any property within the front, side, and rear yards, including vacant lots. Nothing herein shall prohibit the growth of berry vines or grass which are cultivated and used for agricultural purposes.

(3)    In all urban and rural zoning classifications:

(a)    With the exception of forty-eight (48) hours per week, all garbage containers with a capacity of thirty-two (32) gallons or more and all containers used to hold or recycle newspaper, glass or cans that are present on the travel portion of the roadway, public sidewalks, or within Clark County right-of-way.

(b)    Unattended basketball hoops stored on public sidewalks, on the travel portion of the roadway, or within Clark County’s right-of-way.

(4)    Any condition that exists due to an act or omission constituting a nuisance as defined in Section 32.04.010(6). (Sec. 1 of Ord. 1988-08-36; amended by Sec. 2 of Ord. 1991-11-09; amended by Sec. 7 of Ord. 1998-07-19; amended by Sec. 3 of Ord. 1998-11-02; amended by Sec. 5 of Ord. 2002-09-05; amended by Sec. 1 of Ord. 2007-11-13; amended by Sec. 1 of Ord. 2014-07-13; amended by Sec. 2 of Ord. 2017-08-08; amended by Sec. 29 of 2024-03-01)