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ORD 2520 ORDINANCE NO . AN ORDINANCE amending Chapter 8 . 06 of the Camas Municipal Code by revising definitions , adding provisions relating to nuisance determinations and proscribing a revised penalty . Section I Section 8 . 06 . 030 of the Camas Municipal Code is hereby amended to delete in total the definition of " civil violation " and the definition of "junk vehicle " . Section II Section 8 . 06 . 040 (b ) (2 ) is hereby amended to provide as follows : 2 . Commercial , industrial , military , civic or institutional property which has a solid material or chain link fence no less than six feet in height may be topped with barbed wire . Section III Section 8 . 06 . 040 H is hereby amended to provide as follows : H . Maintenance of swimming and landscape pools . All swimming pools , landscape pools/ponds and spas shall be properly maintained so as not to create a safety hazard or harbor insect infestation , or create visibly deteriorated or blighted appearance . All landscape pools/ponds shall be maintained at a depth not to exceed two feet . All landscape . pools/ponds of a depth greater than two feet shall be secured by a barrier as provided in this subsection . All swimming pools and spas shall provide protection against potential drownings and near drownings by restricting access in compliance with the 2006 International Residential Code , Appendix G , as adopted pursuant to CMC 15 . 04 . 010 , as amended . Failure to properly maintain or provide appropriate barriers of any swimming pool , landscape pool/pond subject to the provisions of this subsection , and/or spa, is declared to be a public nuisance . All water utilized in any landscape pool/pond shall be confined on site and barriers shall be erected sufficient to prevent any off site flow to present substantial damage to adjoining properties . Section IV Section 8 . 06 . 040 J is hereby amended to provide as follows : J . Open and Abandoned Ground Cavities : With the exception of facilities that have been permitted for the detention/storage of storm water , open holes which may endanger public safety shall be abated , filled or sealed . Holes wider than 12 " and deeper than 24 " , with a Ordinance No . Page - 2 slope of 2 (horizontal ) : l (vertical ) or greater and that have the capability of retaining water , are presumptively dangerous to public safety . Holes which may endanger the public safety include , but are not limited to , wells , cisterns , open cesspools , septic tanks , excavations , in- ground swimming pools no longer in use , or open foundations . Failure to abate an open hole pursuant to this subsection is deemed to be a public nuisance . Section V A new subsection 8 . 06 . 040 O is hereby adopted as follows : O . Insect Breeding and Infestation . Items that remain outside the confines of a structure or building such as buckets , barrels , flower pots , wheelbarrows , wading pools , bottles , cans , bird baths and other items that routinely hold water shall be maintained to prevent any water accumulation from becoming stagnant and providing a place for mosquitoes or other insects to breed . Failure to comply with the provisions of this subsection is hereby deemed a public nuisance . Section VI Section 8 . 06 . 060 C is hereby amended to provide as follows : C . Trash Covered Premises . 1 . All premises and vacant land , whether improved or unimproved , shall be maintained free from any accumulation of garbage , household trash , litter , rubble , debris , etc . The causing , maintaining or permitting of trash- covered premises is declared to be a public nuisance . This section does not apply to that portion of the property that cannot be seen from the street , sidewalk , or a neighbor ' s property . 2 . If there is a presence of a threat to public health or safety, this subsection may be deemed to constitute a public health , safety and welfare nuisance under CMC 8 . 06 . 04 . Section VII A new subsection 8 . 06 . 060 D 5 and 6 is hereby adopted as follows : 5 . No property zoned RI or MF may be used for the purpose of storing any commercial vehicle ( as defined by WSDOT) unless such vehicle is stored within a building or is otherwise screened so as not to be visible from another property or from any public right- of- way . 6 . All parking of vehicles and vehicle accessories in properties zoned RI or MF Ordinance No . Page - 3 will be maintained in compliance with any applicable conditions delineated on the face of the plat . Section VIII A new subsection 8 . 06 . 060 E , F , G , H , I , J and K is hereby adopted as follows : E . Weeds , Trees and Other Vegetation . 1 . Premises shall be maintained free from uncontrolled or uncultivated Class A , B and C noxious weeds as defined by the State Noxious Weed Control Board , brush , berry vines , poison oak/ivy , and dead , diseased , infested or dying trees . 2 . Premises occupied by a dwelling or building shall maintain all grass and plant growth to avoid visual blight upon the area, prevent the harboring of insects or rodent infestations , and/or prevent fire hazard . With the exception of cultivated shrubs , bushes , grasses , trees , flowers and other cultivated plants and crops , all grasses and plant growth shall not exceed eight inches in height . 3 . Premises of one acre or less upon which is located no occupied building or structure shall not allow grasses and other plant growth in excess of 12 " . 4 . Undeveloped properties that are one acre or larger in size shall be mowed a minimum of fifty feet from all structures and dwellings , surface improvements and property lines so as to maintain grass and other plant growth at a maximum height of 12 " or less . F . Accumulation of plant trimmings . Accumulation on premises of any plant trimmings including trimmings from any lawn , hedge , weeds , flowers or trees , is not permitted and is deemed to be a public nuisance . The provisions of this subsection do not apply to any portion of premises maintained as part of any open space designation . The provisions of said subsection further do not apply to any properly maintained compost pile , with the following requirements : 1 . Acceptable compost materials : fruit and vegetable scraps , coffee grounds and egg shells may be composted . Yard waste may be composted so long as yard waste does not include grass clippings or hedge or tree trimmings greater than 1/4 " in diameter . All composted materials must be generated from the site at which the compost is located . ilable ingredients specifically designed to speed or Individuals may add commercially ava Ordinance No . Page - 4 enhance decomposition . 2 . Prohibited compost materials : Unshredded branches or logs , meat , bone , fat , oil , whole eggs , dairy products , weeds heavily laden with seeds , plastics , synthetic fibers , human or pet waste , diseased plants or any other garbage or refuse shall not be composted . 3 . Composting method : Material shall be contained in a bin or composted in a manner which provides for rapid and odorless composting . 4 . Location of composting structures : Compost structures shall be placed in the rear yard of a property in such a location as to avoid impacts on neighboring properties such as odors , vermin , and insects . 5 . Compost management : Persons who compost according to the requirements of this subsection shall use standard compost practices , which shall include providing adequate air circulation to prevent combustion and objectionable odors to adjacent properties . Composting that results in objectionable odors or includes prohibited materials , or both, is prohibited . Any violation of the regulations concerning the maintenance of a compost pile as described herein is deemed to be a public nuisance . G . Unattended personal property . 1 . No household good , furniture , appliance or other tangible item of personal property shall be placed in any yard or driveway indicating by sign or notice that the item is " free " or otherwise for sale when said item is not attended to or monitored by the party providing or selling the item . To do so is declared to be a public nuisance . 2 . No household good , furniture , appliance or other item of personal property shall be on a sidewalk, street , or right- of--way indicating by sign or notice that the item is placed up " free " or otherwise for sale . To do so is declared to be a public nuisance . H . Excessive dust blowing : 1 . The maintenance of any premises in such a manner that permits dust or blowing soil or blowing sand to be deposited on other property or which is deposited upon or within any public street , public highway or public way , is deemed to be a public nuisance . I . Yard debris disbursal . 1 . The disbursal of yard debris by lawn blowers or other means into the city streets or Ordinance N0 . r. : Page - 5 rights - of-way including , but not limited to , any lawn clippings , leaves , tree limbs , and other vegetation is deemed to be a public nuisance . 2 . The disbursal of any yard debris as defined herein so as to fill in or obstruct any gutter or storm water outlet is deemed to be a threat to public health or safety and is hereby declared to be a public health , safety and welfare nuisance enforceable under CMC 8 . 06 . 040 . J . Rodent/insect infestations Premises shall be kept free from rodent , insect and vermin harborage and/or infestation as determined by the County health officer . Infestations shall be promptly exterminated by methods that ensure the public ' s health , safety and welfare . Owner shall take preventative measures to protect buildings and premises from future infestations . Failure to comply with the provisions of this subsection is deemed to be a public nuisance . K . Beekeeping Beekeeping , where permitted , is subject to the following requirements : 1 . No more than four hives per lot shall be allowed in areas zoned R1 or MF . 2 . Colonies shall be maintained in small , immoveable framed hives . 3 . Adequate space shall be maintained in the hives to prevent overcrowding and swarming . 4 . Colonies shall be re - queened with a young hybrid queen annually or as often as necessary to prevent any swarming or aggressive behavior . 5 . All colonies shall be registered with the Washington State Department of Agriculture in accordance with the apiary law, RCW 15 . 60 . 03 0 , as amended . 6 . A hive shall not be located within twenty- five feet of any property line , except under the following conditions : a . When situated eight feet or more above adjacent ground level ; or b . When there is a solid fence at least six feet high separating the hive from the property line , extending at least twenty feet from the hive along the property line in both directions . 7 . Bees living in trees , buildings or any other space ( except immoveable frame hives ) , abandoned colonies , or diseased bees , or any bees kept in violation of this subsection shall Ordinance No . fi Page - 6 constitute a public nuisance . Section IX Section 8 . 06 . 070 B 3 is hereby amended to provide as follows : 3 . Owners , agents and/or tenants failing to comply will be subject to the following penalties : a . For violation of CMC 8 . 06 . 040 , a monetary penalty in the amount of four hundred fifty dollars shall be imposed . b . For a violation of CMC 8 . 06 . 060 , a monetary penalty of three hundred dollars shall be imposed . Section X Section 8 . 06 . 070 F 1 is hereby amended to provide as follows : F . Enforcement- - Failure to Abate Nuisance . . 1 . In the event that any person is issued a citation pursuant to subsection B herein , and fails within fifteen days of the Notice of Infraction to abate the nuisance , then the City may file a complaint with the Camas Municipal Court alleging the maintenance of a public nuisance in violation of this chapter . Upon filing of the complaint , the municipal court shall issue a show cause order directing the defendant to appear at a time and place certain and then show cause , if there be any , why an order should not be entered directing abatement of the public nuisance . A copy of the show cause order shall be served upon the defendant not less than five days prior to the show cause hearing . 10 . Section 8 . 06 . 070 His hereby amended to provide as follows : H . Abatement by the City . In the event any person fails to comply with an order of abatement issued under the provisions of this chapter , then the city may abate such nuisance . The cost of abatement incurred by the city shall be assessed against the person failing to comply with the order of abatement , and shall , in addition , upon petition to the Clark County Superior Court, be assessed as a lien for recovery against the subject real property . Penalties provided herein shall be in addition to any other penalty or fine assessed for failure to comply with the order of abatement . Ordinance No . - 7 Page - 7 Section XI This ordinance shall take force and be in effect five ( 5 ) days from and after its publication according to law . PASSED BY the Council and APPROVED by y the Mayor this y �`� `da of 2000 . SIGNED : Mayor ATTEST : if Clerk 4� APPROVED as to form : SL City Attorney