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, drainageway, or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter:
(1) 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;
(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) Streets, sidewalks, sewer, utilities or public improvements,
(b) Visibility on, or free use of, or access to such improvements;
(4) 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 or facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto;
(5) The existence of grass or weeds exceeding 12 inches in height except for the following:
(a) Areas maintained for domestic livestock,
(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
36.70A RCW,
(f) Natural vegetation buffers designated on a plat 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) The existence of caterpillar infestation;
(9) The burning or disposal of refuse, sawdust or any other material without a permit;
(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;
(11) 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, any one or more of the following disorderly, disease-causing places, conditions or things:
(a) 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,
(b) Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodorous,
(c) 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,
(d) 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,
(e) Any poison oak or poison ivy, Russian thistle, tansy ragwort or other noxious weeds, whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles,
(f) 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,
(g) Any trash, litter, rags, accumulations of empty 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 fronting 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 one or more junk, wrecked, dismantled, partially dismantled, or apparently inoperable vehicles, or engines or drive-train parts, body parts, wheels, tires, or any other parts, assemblies or components of automobiles and other vehicles, except as specifically permitted by this chapter or any other city ordinance.
(a) For the purposes of this chapter, "apparently inoperable" means a vehicle that meets any of the following criteria:
(i) Has flat tires; is covered or partially covered by moss, leaves, needles or other vegetation; has grass or other vegetation growing up around the vehicle; or other conditions exist that support a reasonable belief that the vehicle has not been moved or maintained for 30 days or more;
(ii) Has any visibly damaged, missing, or broken major parts or components, including but not limited to any of the following: windows, windshield, headlights, taillights, mirrors, body panels, hood, doors, bumpers, trunk lid, seats, steering wheel, grill cover, radiator, or any major mechanical or electrical parts or equipment; or for any reason appears in such a condition as to not be legally operable on a public road.
(b) The following are exempt from the prohibitions of this chapter:
(i) Vehicles or parts thereof which are completely enclosed within a building in a lawful manner where they are not visible from the street or other public or private property; or
(ii) Vehicles or parts thereof which are stored or parked in a lawful manner on private property in connection with the business of a properly licensed wrecking yard, vehicle repair shop, or similar business, where such vehicles are an integral and typical part of such business and where the vehicles are properly stored and screened in accordance with the applicable regulations for such business and location; or
(iii) A vehicle that is an individual's or family's sole source of transportation; provided, that all the following shall apply:
(A) The vehicle exists and is maintained in such a condition as to be immediately legally operable on public roads and highways;
(B) The vehicle is currently registered to an occupant of the property it is located on; and
(C) The burden of proof that the vehicle meets these criteria shall be on the owner, occupant, or person with responsibility for or control of the property;
(15) 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;
(16) 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;
(17) The existence on any premises in a place accessible to children of any unattended and/or discarded icebox, refrigerator, or other large appliance;
(18) The existence of any goods, merchandise, or property of any kind on any streets, alleys or sidewalks of the city, which unreasonably obstructs pedestrian or vehicular traffic;
(19) The keeping of hives of honey bees or other stinging insects in or upon their property or premises that are: (a) defensive or exhibit objectionable behavior, including swarming, or which interfere with the normal use of property, or the enjoyment of persons, animals, or adjacent property; (b) abandoned hives; (c) diseased bees/hives; or (d) all other nests (colonies) of stinging insects such as yellow jackets, hornets, and wasps which exhibit objectionable behavior or interfere with normal use of property, or the enjoyment of persons, animals, or adjacent property.
(Ord. 1724 § 15, 1998; Ord. 1835 § 1, 2001; Ord. 1948 § 2, 2004; Ord. 014-19 § 1; Ord. 012-20 § 2)