There’s Always The Spigot

WAITSBURG - Rick Smith claims he started his non-stop yard sale a few months ago, after he found work as a logger in upper Michigan and decided to get rid of some surplus household goods before moving there.

What better way to sell them than in the yard in front of his trailer situated at the very visible corner of Warren and Second (Highway 124). The stuffed animals were in the front row this weekend, seated together on a bench not far from a variety of shop tools flanked by furniture, books, clothes, toys and so on. A boat on a trailer marked the corner of the lot.

Not everyone has appreciated Smith's sprawling display of down home and near-downtown commerce, which several residents say is an eye soar on the way into town. City officials said this is the second summer they've heard complaints about it.

But how do you get rid of something neighboring residents and city officials consider a nuisance?

"It used to be easier when Waitsburg had its own marshall and court," city clerk Randy Hinchliffe said. "They would just write a ticket on the spot."

But the Walla Walla County Sheriff's Office doesn't actively enforce Waitsburg's city code, so the town is left writing threatening letters to abate nuisances or writing tickets that go to Walla Walla District Court and "just sit there," Hinchliffe said.

Most people who receive a notice comply right away, but a few, like Smith, don't, he said. The trailer owner once put a tarp over his items as an overnight fig leaf, but continued selling from his yard the following day.

Ignoring the city in the future, however, may not be so easy if Hinchliffe, Mayor Walt Gobel and the council have their way. They are exploring the possibility of shutting off water service to chronic offenders and not just in the area of nuisance.

"It would apply to anything that's a violation of city," Hinchliffe said. "It's harsh and drastic move, but it gets people's attention."

City Attorney Chris Hedine has checked on the legality of this proposed new code enforcement tool and has blessed its use, noting other communities use similar measures. Hinchliffe is expected to draft a new ordinance for presentation to the council at its next regular meeting on Wednesday, Sept. 21.

" This will put some teeth into it (code enforcement)," Gobel said at this month's council meeting last week.

In the proposed new city law, the enforcement procedure would start with a friendly letter alerting or reminding residents of their obligation to, say, get a tag for their dog, keep their lawns mowed five inches or lower, or get rid of their abandoned vehicles.

If the issue isn't corrected within seven days, a letter threatening water shutoff within two weeks follows via certified mail and if that doesn't do the trick, the spigot gets turned off the next day.

Hinchliffe doubts it will go that far in the majority of compliance requests. Most people just aren't well informed about city code or need a friendly nudge. He and Deputy City Clerk Kelly Steinhoff expect to get some flack over the proposal, but neighbors of nuisance code violators will appreciate the move as will other residents and visitors, they predicted.

"Right now, some people driving through town (on Highway 124) and see that yard sale might say 'what a crappy town,'" Steinhoff said.

Hinchliffe and Steinhoff said even though any violation of city code may trigger the three-week shutoff process, most of the enforcement actions using the scepter of dry pipes will come in nuisance abatement cases. The city does not actively search for violations. It only investigates complaints like the ones they received about Smith's perennial roadside sale .

With more than 30 nuisance sections, city code covers a wide range of potential violations. They include everything from dead trees threatening damage or injury to operating a bulldozer on evenings, weekends or holidays.

Some sections of the nuisance code hanker back to Waitsburg's earlier years, such as this one banning the inappropriate discharge of saliva.

"Spitting or expectorating on any walk, crosswalk, or upon the floor of any church, school house, city hall, theater, opera house, hall, store, office, motel, or boarding house within the city of Waitsburg."

Smith, who has received several letters from the city to close down his yard sale, said he doesn't argue with the city's objection to his ongoing effort "to get rid of things." But he feels local residents should have the right to have a garage or yard sale every weekend instead of just once a month.

And, he takes exception to the city's use of a home owner's water supply to get collaboration.

"I think that would be dirty pool," said Smith, who moved to town in 1997 and is now turning the trailer over to his daughter. "I don't think they can legally do that."

But the city's actions, born from a frustration with Smith's lack of compliance and resistance from other home owners in the past, may end up being more preventative.

On Sunday, Smith said in an interview that it would be his last day to reduce his household inventory before he leaves town on Wednesday.

"I figured this is the last day for it," he said. "If it doesn't sell today, it gets hauled off. It will all disappear after today."

What A Nuisance

Waitsburg's Nuisance Code

Dead or diseased trees threatening injury.

Climbing plants covering streets, utility poles or fire hydrants.

Poison weeds.

Lawns or grasses over 5 inches.

Unattended accumulation of yard waste.

Animal, fish or fowl carcasses except trophies or displays.

Accumulation of trash for more than seven days.

Pits, holes, wells, cisterns or storage tanks without cap or cover.

Abandoned appliances

Combustible materials causing a fire hazard

Sagging, leaning, decaying or falling structures adjacent to streets or sidewalks.

Abandoned or wrecked trailers, mobile homes, boats, machinery or parts thereof.

Sale of residential goods for longer than two consecutive days in a 30-day period.

Privies, vaults, cesspools, pits and the like except chemical toilets maintained by a licensed dealer.

Drainage onto any public right of way.

Keeping of more than three dogs or three cats, except litters under four months.

Keeping of animals, insects or reptile that can cause damage or injury to neighbors.

Conditions or activities causing excessive dust except construction.

Premises unfit for habitation.

Operating a bulldozer evenings, early mornings, Sundays and holidays.

Obstructing streets, alleys, crosswalks or sidewalks unless permitted.

Noise disturbance.

Personal conduct disturbance.

Discharging of manure, filth or decaying matter into any body of water.

Discharging any rifle, gun, pistol, firecracker, magazine, skyrocket or explosive.

Making a false emergency report.

Littering.

Use of open or leaking non-conforming garbage receptacles.

Breaking fencing around city property.

Swimming or bathing nude in any body of water, including public swimming pool.

Spitting or expectorating on any walk, crosswalk, or upon the floor of any church, school house, city hall, theater, opera house, hall, store, office, motel or boarding house.

Jumping or diving from any bridge into the Touchet or Coppei

Burning in a manner that issues ashes, soot or cinders to fall into neighboring properties.

Burning of refuse, chemicals or other matters prohibited by the city or the state's Department of Ecology.