Chapter 8.16


8.16.010    Privies – Unlawful where.

8.16.020    Privies – Removal.

8.16.030    Privies – Lawful when.

8.16.040    Privies – Responsibility for unlawful maintenance.

8.16.050    Maintenance of filth prohibited.

8.16.060    Maintenance of receptacles for noisome substances.

8.16.070    Disposal of animal wastes.

8.16.080    Deposits of manure prohibited.

8.16.090    Privies – Abatement of nuisance by City.

8.16.095    Depredating birds.

8.16.100    Nuisance declared for violations of chapter – Abatement.

8.16.110    Enforcement.

8.16.010 Privies – Unlawful where.

It is unlawful to build, own, maintain or use on any premises within the limits of the City any privy (outdoor toilet) if the nearest point of the premises upon which the same is located is less than 200 feet from the nearest City water pipeline. All such areas within the limits of the City must be serviced by septic tanks if sewer service is not available. [1956 Code § 8-301, § 1.]

8.16.020 Privies – Removal.

All existing privies within the City located on premises less than 200 feet distance from the nearest City water line must be removed on or before the date specified for removal by written notice from the City. [1956 Code § 8-301, § 2.]

8.16.030 Privies – Lawful when.

It is lawful to have, use and maintain privies within the City limits of the City under certain express circumstances and conditions, as follows:

A. If the nearest point of the premises is more than 200 feet from the nearest City water supply line.

B. If the privy is out of tight construction, as determined by an inspector acting for the City, well-banked around the base with earth and with tight covers over seat openings so designed and built that covers will be self-closing by gravity.

C. If vault contents of such lawful privy are well covered with lime once a week from April 1st to November 1st during each year. [1956 Code § 8-301, § 3.]

8.16.040 Privies – Responsibility for unlawful maintenance.

The liability for the presence and existence of any unlawful privy within the limits of the City shall be chargeable to the owner of the property and/or to the occupants or party in possession thereof. The liability for the use, maintenance and care of any unlawful privy within the limits of the City shall be chargeable to the party or parties occupying the premises. [1956 Code § 8-301, § 4.]

8.16.050 Maintenance of filth prohibited.

It is unlawful for any person, whether as owner, lessee or otherwise, to make, cause or permit any deposit of manure, offal, garbage, kitchen refuse, slops, vegetable waste, trash, litter, rags, refuse of any kind, nature or description, or other rubbish within the limits of any street, park, alley, public place or highway, or upon private property leased, owned or controlled by said person, or upon any other private or public property, in such a way, or in such quantity as to breed flies, produce offensive odors, or otherwise to affect or endanger the public health or comfort, or that of any private person within the City. [1956 Code § 8-401, § 1.]

8.16.060 Maintenance of receptacles for noisome substances.

A. The owner, lessee or person having in control, either as agent, employee or otherwise, any private dwelling, hotel, lodging house, lunch counter or other place where offal, garbage and offensive nauseous substances may accumulate shall provide suitable convenient metallic or other efficient receptacles for receiving and into which shall be placed and kept garbage, slops, offal, kitchen refuse, cinders, ashes, rubbish or other offensive nauseous substances, accumulating in and about any such dwelling, hotel, restaurant, lodging house, lunch counter, or other place where any such offensive matter, refuse or nauseous substances may accumulate, which receptacles shall be emptied and cleaned at such frequent intervals as will prevent the same and the contents thereof from becoming offensive or dangerous to the public health.

B. Receptacles and all openings in privy stools and seats shall at all times be kept covered with a lid or top, fitting tightly over the same so as to prevent, as far as possible, the emission of odors therefrom, and to completely prevent the entrance or egress of flies thereto and therefrom. [1956 Code § 8-401, § 2.]

8.16.070 Disposal of animal wastes.

Every person owning, operating or having charge of, whether as owner, agent or employee, or otherwise, any barn, stable, corral, pen or other place where horses, mules, cows or other livestock are kept, shall at all times maintain the same in a proper and clean condition so as to prevent the breeding of flies or production of offensive odors, and the manure and offal from the same, during the period from April 15th through October 15th of each year, shall be removed from any and all such premises and deposited at a public dumping ground or such other place as may be designated or approved by the City Manager or his designee, at least once a month and more often if found necessary during said period of time each year; provided, that such manure may be used within the City for actual and necessary fertilizing purposes or may be buried as to prevent breeding of flies or the producing of offensive odors. [Ord. 1980, § 9, 1999; 1956 Code § 8-401, § 3.]

8.16.080 Deposits of manure prohibited.

No manure or other such offensive matter shall be dumped and left on any street, sidewalk, lot, alley, open area or other place within the limits of the City; nor shall any manure be used in whole or in part to grade any sidewalk, street, alley, open area or lot; and any site used as a public dump for the same shall not be less than 300 feet from any building used, in whole or in part, for residence or dwelling purposes. [1956 Code § 8-401, § 4.]

8.16.090 Privies – Abatement of nuisance by City.

It is unlawful for any person, whether as owner, agent or employee, to have or maintain any privy, privy vault, cesspool, pit or like place which is not securely protected from flies, and it is made the duty of such person to keep clean any privy vault, cesspool and sinks on any property owned, occupied or controlled by them and to clean such privy vault, cesspool, sink or other such place within 24 hours after being notified to do so by the Property Maintenance Facilitator. If the same is not so cleaned within said 24 hours, the Property Maintenance Facilitator, upon prior approval by the City Council, may cause the same to be properly cleaned, and the expense thereby incurred shall be paid by the owner of such property, the occupant thereof, lessee or agent of the owner controlling the same, and all disputes between such owners, lessees, agents or occupiers as to their respective duties relative thereto shall be settled among and between themselves, and each, all or any of them shall be liable to the City for any expense incurred by reason of such cleaning in addition to the penalties provided which may be collected by a civil suit or other lawfully provided method. [Ord. 1980 § 9, 1999; 1956 Code § 8-401, § 5.]

8.16.095 Depredating birds.

Blackbirds, cowbirds, grackles, crows and magpies, and any other species of bird identified and listed in appropriate depredation orders of the United States Fish and Wildlife Service, Department of the Interior, and other species of bird constituting a nuisance or health hazard as described below, are hereby declared to constitute a public nuisance when found committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, wildlife, or public or private property within the City of Sunnyside, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance. The City Manager, or his designee, including the Chief of Police and those designated and authorized by the Chief of Police, are hereby authorized to abate such nuisance by any and all appropriate and lawful means, including but not limited to the use of firearms, air guns, or other means within areas designated from time to time by the City Manager or his designee as areas wherein such discharge is authorized and permitted for the purpose of abating such nuisance. Reasonable efforts to notify residents and businesses within such designated areas regarding the nature and timing of the abatement will be made. The above abatement authorization is subject to the following:

A. None of the birds killed pursuant to this section, nor their plumage, shall be sold or offered for sale, but may be possessed, transported, and otherwise disposed of or utilized.

B. Any person exercising any of the privileges granted by this section shall permit at all reasonable times, including during actual operations, any federal or State game or deputy game agent, warden, protector, or other game law enforcement officer, free and unrestricted access over the premises on which the operations have been or are being conducted, and shall furnish promptly to such officer whatever information he may require concerning said operations.

C. Nothing in this section shall be construed to authorize the killing of such birds contrary to any State laws or regulations, and that none of the privileges granted under this section shall be exercised unless the person possesses whatever permits may be required for such activities by agencies with jurisdiction. [Ord. 2073 § 1, 2004.]

8.16.100 Nuisance declared for violations of chapter – Abatement.

Every act or thing done, made, permitted or allowed or continued (or omissions made or suffered) in violation of this chapter shall be deemed and is declared to be a nuisance, and in all cases where a nuisance may be found in any building or upon any ground or other premises within the City limits, 24 hours’ notice may be given by the Property Maintenance Facilitator, in writing, to the owner, occupants, lessee or agents of any such building or premises to remove and abate such nuisance, and, in accordance with the notice, the owner, occupant, lessee or agent having been so notified shall be chargeable with the expenses which may be incurred in the removal thereof by the City, which shall be collected by suit or otherwise, in addition to the fines and penalties provided for; provided, however, that the failure to give such notice shall not relieve any person from the obligations to prevent or abate such nuisances, or from the penalties provided for the creation or maintenance of same. [Ord. 1980 § 9, 1999; 1956 Code § 8-401, § 6.]

8.16.110 Enforcement.

It is the duty of the City Manager, or his designee, including but not limited to the Property Maintenance Facilitator and all law enforcement officers vested with police powers, to enforce the provisions of this chapter. In addition to the remedies stated above pertaining to abatement of nuisance, any person violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and assessed the monetary penalty or penalties authorized by SMC 1.16.010, including restitution as deemed appropriate by the court. [Ord. 2018 § 9, 2000; Ord. 1980 § 9, 1999; 1956 Code § 8-401, § 7.]