Chapter 8.18
PUBLIC NUISANCE OF ALLOWING BLOWING DUST AND DIRT PROHIBITED
Sections:
8.18.005 Purpose and findings.
8.18.020 Causing or maintaining a nuisance.
8.18.030 Each day as a separate offense.
8.18.050 Abatement – Emergency.
8.18.060 Abatement – Nonemergency.
8.18.070 Cost of abatement imposed on property owner.
8.18.080 Cost of abatement – Lien.
8.18.090 Cost of abatement – Liability of person creating nuisance.
8.18.100 Building permit – Plan of control.
8.18.005 Purpose and findings.
The city council of the city of West Richland finds that blowing and scattering of dust within the city poses a hazard to the public health, safety and welfare of the citizens of the city and also has adverse effects upon the value, utility and habitability of property within the city as a whole. This chapter is an exercise of the city’s police power and conveys to the city all proper powers to abate the nuisances caused by the blowing or scattering of dust as described herein or found to exist, and to charge the cost of its abatement to those responsible. This chapter is to be liberally construed to effect that purpose. [Ord. 32-93 § 1, 1993].
8.18.010 Nuisance declared.
Excavating, grading, plowing or disturbing the topsoil of any land area within the city of West Richland, or permitting the same, by any person, firm or corporation, without taking affirmative measures to suppress and minimize the blowing and scattering of dust whereby it affects the health, peace, comfort, or repose of two or more separately residing persons is hereby declared to be a nuisance, and within the police power of the city of West Richland to regulate. Examples of actions constituting reasonable affirmative measures to suppress and minimize the blowing and scattering of dust include, but are not limited to: periodic application of water or other suitable fluid to areas of disturbed soil; application of a chemical or physical soil binder or any other means of forming a crust on the surface of the soil; effective corrugation of the surface; or any other means that effectively suppress the creation of blowing dust. [Ord. 2-00 § 1, 2000; Ord. 32-93 § 1, 1993].
8.18.020 Causing or maintaining a nuisance.
Any person, firm or corporation who shall disturb, excavate, grade, plow, or remove the topsoil of any land area, or permit or direct the same, within the city of West Richland, for any purpose, without taking reasonable, affirmative measures to suppress and minimize the blowing and scattering of dust, shall be determined to have committed a misdemeanor. Enforcement of violations of this chapter may commence upon either: (A) the complaint of two or more separately residing persons, or (B) in the event the community development director, or designee, has reason to believe that a violation of this chapter has been committed in his/her presence. [Ord. 2-00 § 2, 2000; Ord. 32-93 § 1, 1993].
8.18.030 Each day as a separate offense.
Each day that said violation continues shall be deemed a distinct and separate offense, punishable as provided herein. [Ord. 32-93 § 1, 1993].
8.18.040 Abatement.
In addition to the civil sanctions herein provided, the city of West Richland may, without being obligated to do so, abate said nuisance by going upon said premises where the soil has been disturbed and take whatever steps are reasonably necessary to suppress the blowing and scattering of dust. [Ord. 32-93 § 1, 1993].
8.18.050 Abatement – Emergency.
In the event an aggravated dust-blowing condition exists, the city, under the direction of the mayor or the mayor’s designee, may, without notice to the owner or person in possession of said premises, suspend work on said premises or, if no work is in progress, cause the blowing dust to be suppressed by employees of the city of West Richland or by engaging a private contractor to take reasonable measures to suppress the blowing dust. [Ord. 11-02 § 5, 2002; Ord. 32-93 § 1, 1993].
8.18.060 Abatement – Nonemergency.
If no emergency exists, the mayor or the mayor’s designee shall direct that notice be given to the person, firm, or corporation to suppress the blowing dust, and if adequate measures are not taken within five days from the date of said notice to suppress said dust, the city may cause said dust nuisance to be abated by city employees or by contract labor aforesaid. [Ord. 11-02 § 6, 2002; Ord. 32-93 § 1, 1993].
8.18.070 Cost of abatement imposed on property owner.
If the city elects to cause said dust problem to be abated by city employees or by contract labor, the reasonable expense thereof, together with materials used, and reasonable rental value of any equipment used shall become a lien on said premises, or if the soil is disturbed in a street, alley, walk, or easement, or right-of-way, said reasonable expense of dust abatement shall be imposed as lien upon the abutting or appurtenant property. [Ord. 32-93 § 1, 1993].
8.18.080 Cost of abatement – Lien.
Said lien shall be filed with the Benton County auditor in the manner and form of a sewage lien and foreclosed in the manner provided by statute for the foreclosure thereof. [Ord. 32-93 § 1, 1993].
8.18.090 Cost of abatement – Liability of person creating nuisance.
As an alternative remedy, the city may collect said cost of abating said nuisance by action against the person creating said nuisance or against the owner of the offending property if the work is being performed under his direction or for and in his behalf. [Ord. 32-93 § 1, 1993].
8.18.100 Building permit – Plan of control.
The city building inspector shall, as a condition for issuing a permit or according permission to proceed with a project, obtain adequate written assurances from the applicant that the conditions of this chapter shall be complied with. This shall be done by filing a written plan providing for an acceptable program to control dust on the project which disturbs the soil and potentially provides a source of dust. While the plan may be determined by the ingenuity of the contractor, possible alternatives which may be acceptable include placement of water sprinklers in such a manner as to apply moisture to all disturbed soil, the application of chemical or physical soil binders or other means of forming a crust on the soil which shall control soil movement by wind, or by means of a physical cover, adequate fencing or by corrugation of the surface or any other means that will effectively suppress the blowing of dust from sites where the soil has been disturbed by human activity. In all cases, approval of the proposed plan by the city and implementation of the plan by the permittee does not relieve the permittee from the obligation to control the dust. [Ord. 32-93 § 1, 1993].
8.18.110 Severability.
If any provision of this chapter shall be deemed unconstitutional, it shall not affect any other provision of this chapter, the parts being separate. [Ord. 32-93 § 1, 1993].