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HomeMy WebLinkAbout1990-3273 Nuisances 1 ORDINANCE NO. ' : 7 :3 AN ORDINANCE relating to nuisances, declaring certain holes and excavations nuisances subject to abatement, and amending Section 6.56.120 of the City of Yakima Municipal Code. WHEREAS, the City Council passed Ordinance No. 3225 on December 12, 1989 which declared holes and excavations over three feet deep within ten feet of a street, sidewalk, alley or public place to be a nuisance subject to abatement, and WHEREAS, since passage of Ordinance No. 3225 the City Council has become aware that the distance limitations within that ordinance prevent abatement of holes and excavations which otherwise constitute a public nuisance, and WHEREAS, the City Council finds and declares that holes and excavations over three feet deep and in excess of fifty • cubic yards impair the health, safety, and aesthetics of the Cit. of Yakima and therefore constitute a public nuisance because such holes and excavations pose a hazard to the safety of children, afford concealment for illegal activity, do not afford adequate drainage, foster the growth and collection of no\ious and hazardous weeds and debris, generate dust, and endanger the physical support of adjacent public and private land and structures, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA; Section I. Section 6.56.120 of the City of Yakima Muni- cipal Code is hereby amended to read, as follows. "6.56.120 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 exca- vations 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." 0 1 - (ord'nuisance.2) Section 2. This ordinance shall be in full force and effect thirty days after its passage, approval and publication !IP as provided by law and the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 5 day of NO , 1990. (42 Mayor ATTEST fet---44D City Clerk E Publication Date JUN 8 GO - Effective Date: JUL 8 EGO 411 411 - 2 - (ord/nuisance.2) - _