Moses Lake may change hedge ordinance

MOSES LAKE - Moses Lake may allow people to grow hedges taller than 4 feet in their front yard.

The city council discussed changing an ordinance prohibiting hedges planted in the front yard on the property line to grow above four feet. The discussion came after Bruce Bailey requested permission to allow the hedges in his front yard to stay the same height.

Community Development Director Gilbert Alvarado explained the couple's neighbor, Nick Mount, contacted the city about the hedge, pointing out it was taller than 4 feet.

"The way that these sit, they are out compliance," he said. "So we initiated the enforcement process ... Once we initiated the enforcement matter, they asked for relief. What is it that they could do?"

Alvarado said the only thing they could do is ask the council to change the code. The department suspended enforcement until a decision was made.

City Manager Joe Gavinski said it's a common problem across the city. A lot of property owners have the same type of hedges in their front yard along their property line.

Gavinski showed a series of photos including several homes with hedges planted along the property line, all taller than 4 feet. In the last photo, it showed hedges blocking a gravel-covered parking area.

"It shows why landowners kind of want to do this and that is to shield or provide some cover for their property against a neighboring land owner, who is using their property as they see fit," Gavinski said.

Councilmember Richard Pearce asked if collisions occurred when people pulled out of their driveways with hedges blocking the view.

Gavinski and Police Chief Dean Mitchell indicated they weren't aware of any collisions caused by them.

When Pearce suggested changing the ordinance, Gavinski said enforcing the present ordinance would be a problem.

"We haven't had any problems. It seems to be pretty much working, so the solution is to change the ordinance to allow that, which would then make all of the other possibilities compliant," Gavinski said.

Councilmember Karen Liebrecht said she appreciates the trees her neighbors have planted along the property line, and agreed with changing the ordinance.

Mount disagreed with the councilmembers, saying the ordinance is meant to protect the public. He said the shrubs on the edge of his property create a hazard when he pulls out of his driveway.

"You can have your chief of police over here say that it doesn't occur, but this particular intersection is four lanes, you've got Hill Avenue. When you come up the hill, they come around those corners sometimes on two wheels," he said. "We have very little time to get out of that driveway."

His neighbors shrubs are thick and he can't see through them, Mount said, adding the shrubs also aren't going to look good if they aren't limited to 4 feet.

Councilmember Dick Deane pointed out the city recently allowed vehicles to park next to the sidewalk.

"You could park (your truck) back to the edge of the sidewalk," he said to Mount. "It's much higher than the shrubs are. Is that not a trade-off?"

Mount said they voluntarily stopped using the driveway near the road because of safety concerns.

"I'm sure that this ordinance was written with the intention to prevent these kinds of occurrences from happening now, not in the past," he said. "The pictures that Mr. Gavinski showed were cul-de-sacs and areas that aren't this kind of situation. This is a bad place."

When Pearce questioned whether the height would make a difference, Mount explained at night he can't tell whether a person is on the sidewalk or not.

"You have to actually walk out to the end of the driveway and really look and make sure it's OK," Mount said. "If you haven't been by the actual location, I would ask that you go by and take a look and see for yourself."

Mount also requested the city look at state law to see if it allows the change.

Liebrecht said she is in a similar situation with the same type of shrub next to her driveway and she is careful when pulling out.

"That's just the way it is for us," she said. "We triple check."

Pearce said if it causes a traffic hazard then something should be in the ordinance to deal with it, but if it means someone needs to use caution pulling out of their driveway it isn't a reason to restrict it.