Chapter 6.56
NUISANCES
Sections:
6.56.010 Remnants of dead animals.
6.56.011 Trees—Injury to pavements, etc.
6.56.012 Trees—Interfering with travel.
6.56.013 Trees—Interfering with wires.
6.56.014 Placing of unprotected articles on windowsills.
6.56.040 Unlawful obstructions and excavations.
6.56.050 Depositing or burning material.
6.56.060 Offensive confinement of animals.
6.56.110 Greasing street car rails.
6.56.120 Excavations and/or holes.
6.56.130 Abandoning, discarding refrigeration equipment.
6.56.160 Places used for disorderly conduct.
6.56.170 Buildings used for handling of intoxicating liquor.
6.56.200 Liability of owner and agent.
6.56.210 Abatement by court—Saving clause.
6.56.220 Duty of chief of police to summarily abate.
6.56.230 Duty to use care in abatement.
6.56.240 Liability for costs of abatement.
6.56.010 Remnants of dead animals.
The keeping or allowing to be and remain in any building, yard, enclosure, alley, street, avenue, park, public place, or in any place within the limits of the city of Yakima, any unsound, putrid or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal or fish, or any unsound, putrid or unwholesome substance, or the offal, garbage, or other offensive parts of any animal is declared to be a nuisance. (Ord. B-86 § 1(a), 1935).
6.56.011 Trees—Injury to pavements, etc.
It is unlawful for the owner or occupant of any property in the city of Yakima to maintain or permit any tree or shrub, either on or in front of said property, the roots of which in any manner interfere with or cause the surface of the street or sidewalk to be upheaved or otherwise disturbed, or the roots of which in any manner interfere with, break, damage or destroy any water pipeline or sewer line. (Ord. 2015-021 § 12, 2015; Ord. B-1595, 1954; Ord. A-236 § 22, 1917. Formerly 6.04.515).
6.56.012 Trees—Interfering with travel.
It is unlawful for the owner or occupant of any property in the city of Yakima to maintain or permit any tree or shrub, either on or in front of the said property, the lower limbs or any part of which project or are above the sidewalk or street at an elevation of less than eight feet. (Ord. 2015-021 § 13, 2015; Ord. A-236 § 23, 1917. Formerly 6.04.520).
6.56.013 Trees—Interfering with wires.
It is unlawful for the owner or occupant of any property in the city of Yakima to maintain or permit any tree or shrub, either on or in front of the said property, in such manner as to interfere with any of the wires or conduits or other property of the city of Yakima. (Ord. 2015-021 § 14, 2015; Ord. A-236 § 24, 1917. Formerly 6.04.525).
6.56.014 Placing of unprotected articles on windowsills.
The placing or keeping, on any windowsill, porch, or other projection above the first story of any building abutting on any sidewalk in the city of Yakima, any flowerpot, wooden box, pitcher or any other vessel or article which might do injury in falling on any person on the sidewalk in front of said building, unless the same is securely fastened or protected by screens or otherwise, in such manner as to prevent falling on the street, is declared to be a nuisance. (Ord. 2015-021 § 8, 2015: Ord. A-236 § 1(60), 1917. Formerly 6.04.310).
6.56.020 Offensive odors.
The suffering or permitting of any cellar, vaults, drain, sewer, yard, grounds or premises, or any street, alley or other public place adjacent thereto to become, from any cause, nauseous, foul, offensive or injurious to public health or unpleasant or disagreeable to adjacent residents or persons is declared to be a nuisance. (Ord. B-86 § 1(b), 1935).
6.56.030 Foul liquids.
The causing or permitting of any nauseous, foul or putrid liquor or substance, or any liquid or substance likely to become nauseous, foul, offensive or putrid, to be discharged, placed or thrown or to flow from or out of any premises onto or upon any adjacent premises or any public street or alley, or to stand, remain or be upon any premises is declared to be a nuisance. (Ord. B-86 § 1(c), 1935).
6.56.040 Unlawful obstructions and excavations.
All obstructions to streets, alleys, crossings or sidewalks of the city of Yakima, and all excavations in or under the same which are by ordinance prohibited, or which may be made without lawful permission, or which, having been made by lawful permission, are kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time are declared to be nuisances. (Ord. B-86 § 1(d), 1935).
6.56.050 Depositing or burning material.
The depositing or burning or causing to be deposited or burned in any street, alley or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, manure, leaves, grass, or other rubbish or material is declared to be a nuisance. (Ord. B-86 § 1(e), 1935).
6.56.060 Offensive confinement of animals.
The keeping, using or maintaining of any pen, stable, lot, place or premises in which any hog, cattle or fowl may be confined or kept, in such manner as to be nauseous, foul or offensive, or from any cause to be an annoyance to any community, family or person is declared to be a nuisance. (Ord. B-86 § 1(f), 1935).
6.56.080 Disorderly house.
All houses, rooms, booths or other structures used as a place of resort where women are employed to draw customers, and are guilty of lewd and lascivious behavior, or used as a place of resort for dancing where women or girls solicit for salary or commission the sale of intoxicating liquors, or used as a place or resort for dancing where drunkenness is carried on or permitted are declared to be nuisances. (Ord. B-86 § 1(h), 1935).
6.56.090 Steam whistle.
The blowing or sounding or causing to be blown or sounded for a longer period than fifteen seconds, of any steam whistle, or the letting off or causing to be let off of any unnecessary steam from any locomotive at or within one hundred feet of any street, alley or avenue or any crossing over the same is declared to be a nuisance. (Ord. B-86 § 1(i), 1935).
6.56.110 Greasing street car rails.
The operating or permitting to be operated of any street car line without at all times during the operation thereof having the rails composing any curves thoroughly greased is declared to be a nuisance. (Ord. B-86 § 1(k), 1935).
6.56.120 Excavations and/or holes.
Any excavation or hole upon any lot, tract or parcel which is over one yard deep and has a volume of more than fifty cubic yards is declared to be a public nuisance. The section does not apply to holes and excavations within construction projects for which a building permit has been issued and which have been fenced to prevent entry or where such holes and excavations are otherwise lawful by ordinance, statute or regulation. (Ord. 3273 § 1, 1990: Ord. 3225 § 1, 1989).
6.56.130 Abandoning, discarding refrigeration equipment.
Any person who discards or abandons or leaves in any place accessible to children any refrigerator, icebox, or deep freeze locker having a capacity of one and one-half cubic feet or more, which is no longer in use, and which has not had the door removed or a portion of the latch mechanism removed to prevent latching or locking of the door, is guilty of a misdemeanor. (Ord. 99-14 § 2, 1999).
6.56.160 Places used for disorderly conduct.
All buildings, houses, rooms, structures or places used for the purpose of lewdness, assignation or prostitution are nuisances. (Ord. B-86 § 1(p), 1935).
6.56.170 Buildings used for handling of intoxicating liquor.
All premises, buildings and vehicles whereon or wherein intoxicating liquor is manufactured, sold, bartered, exchanged, given away, furnished, disposed of, consumed or permitted to be consumed, in violation of the laws of the state of Washington and the ordinances of the city of Yakima are nuisances. (Ord. B-86 § 1(q), 1935).
6.56.200 Liability of owner and agent.
It is unlawful for any person, firm or corporation, by themselves or by their agents or employees, or as the agent or employee of another person, firm or corporation, to do or permit to be done upon any premises over which they have control, or to maintain, carry on, suffer or allow, at any place or places mentioned in Sections 6.56.010 through 6.56.170, any of the acts or things therein declared to be nuisances, or to do or cause or permit or suffer to be done, or maintain any act or thing which shall be detrimental or injurious to public health or offensive to the senses or contrary to public decency or morality.
In case the owner or agent of any premises is found to have had actual or constructive knowledge of the maintenance on or in said premises of any nuisance as herein defined, he shall, for the purpose of this chapter, be deemed one of the persons in control of said premises. (Ord. B-86 § 2, 1935).
6.56.210 Abatement by court—Saving clause.
Nuisances defined in this chapter may be abated by the superior court in Yakima County. The provisions of this section relative to the abatement of nuisances are not exclusive, and all other rights or remedies of the city of Yakima and all other rights or remedies of the city of Yakima relative to nuisances are hereby declared to remain in full force and effect. (Ord. 3225 § 2, 1989: Ord. B-86 § 4, 1935).
6.56.215 Civil penalty.
In addition to any other penalty or remedy provided herein by law, a civil penalty in the amount of fifty dollars per day is hereby imposed upon any person, firm, or corporation which violates the provisions of this chapter. Violate shall mean to do or permit to be done upon any premises over which such person, firm, or corporation has control, or to maintain, carry on, suffer, or allow at any place or places mentioned in Sections 6.56.010 through 6.56.170, any of the acts or things therein to be nuisances.
The penalty shall constitute a personal obligation. The penalty shall accrue from the date set for correction by the code administration manager and shall continue until the violation is corrected. Notice of violation of this chapter shall be given in writing by the code administration manager to the person, firm, or corporation which maintains the nuisance set forth in this chapter. The notice shall contain a description of the nuisance and what action must be taken to abate it. The time afforded to correct the nuisance shall be sufficient within the estimation of the code administration manager to correct the violation and shall not be less than seven days unless the violation is of an emergent nature. Such notice shall be served upon the violator by personal service or by registered mail, return receipt requested, upon the violator at his last known address.
The city attorney is authorized to prosecute a civil action to collect the civil penalty. (Ord. 3225 § 3, 1989).
6.56.220 Duty of chief of police to summarily abate.
Whenever any nuisance is of such character and is so situated that the same can be abated without the invasion or destruction of private property, and the further continuance is likely to result in expense to the city of Yakima or injury to any person, it shall be the duty of the chief of police to abate and remove the same summarily, without waiting for the conviction of the author thereof. (Ord. B-86 § 6, 1935).
6.56.230 Duty to use care in abatement.
In any case where a nuisance is to be abated by the chief of police, or any other officer thereto lawfully authorized, it shall be the duty of such officer to proceed with due care and without unnecessary destruction of property, and he shall in all cases be authorized to employ such assistance and adopt such means as may be necessary to effect the entire abatement of such nuisance. (Ord. B-86 § 7, 1935).
6.56.240 Liability for costs of abatement.
Every person, firm or corporation found guilty of maintaining a nuisance or permitting, allowing, or suffering a nuisance to be maintained as herein provided, shall be liable for all costs and expenses for abating the same when such nuisance has been abated by any officer of the city of Yakima, which said costs and expenses shall be taxed as a part of any prosecution against the party liable, and to be recovered as other costs are recovered after the same shall have been assessed; provided, that in such cases, the city of Yakima shall be liable in the first instance to pay all costs of such abatement, and in all cases where the chief of police or other officer shall abate any such nuisance, he shall keep an account of all expenses attending such abatement, and in addition to other powers herein given to collect such other costs and expenses, may forthwith bring suit for the same in any court of competent jurisdiction in the name of the city of Yakima, against the person maintaining, keeping or creating, or permitting, allowing or suffering such nuisance to be so abated, and upon the collection of the same by such suit he shall pay the same to the city treasurer. (Ord. B-86 § 8, 1935).