MARYSVILLE – NIMBY was taken to a whole new level at the City Council meeting this week.

Not In My Back Yard often refers to a person not wanting something located nearby.

But in the case of a potential city law discussed June 13, it literally meant not having trash in your back yard.

The debate was over what “trash” is. Who gets to decide?

City Attorney Jon Walker said “discretion” would be used, first by code enforcement officers and then by a judge.

“It’s difficult to define,” he said.

There’s a cable TV show all about whether something is valuable or junk, Councilman Jeff Vaughan said, referring to “Hoarders.”

“‘Junk’ depends on whose property it is,” he said.

The city already has a public nuisance law about garbage in a front yard. A potential expanded law is looking at back yards. Even if the items are screened from view from the public street, they may be offensive to neighbors, especially if they have multi-level homes or have a deck overlooking the area.

Councilman Jeff Siebert said he doesn’t think it’s appropriate for people to be looking in their neighbors’ back yards.

“It’s reasonable for people to expect more privacy in their back yards,” he said.

When looking closer at the potential law, Siebert found it hit close to home.

Siebert said he has a fire pit in his back yard, and sometimes burns salvage lumber in it. He wondered if the way the law was written would mean he would be in violation.

When told there are basically only two properties being targeted for the new law, he said the it could bring more problems than that.

“Why cast a net over the whole city for just two places?” he asked.

Councilman Stephen Muller added, “I’m all for solving problems, but I’m afraid this would open a Pandora’s Box.”

Vaughan said he was concerned the proposal was so specific in some areas that there would be “loopholes.”

Councilman Michael Stevens agreed.

“I have an uneasiness. Should it be more or less generic?” he asked.

Vaughan said any time the council looks at private property rights it needs to be careful.

“They can be slowly eroded away,” he said.

He told the story of a woman who received a yellow card from the city to clean up her yard or risk civil and/or criminal penalties. He said if her neighbors had found out why she couldn’t get the work done, maybe they wouldn’t have complained to the city.

“They got the city to do the dirty work instead of putting on gloves and helping a neighbor,” Vaughan said. “The city can’t solve all these problems.”

It was brought up that these situations are more of a private than public nuisance, so that individuals could take their neighbors to court, rather than getting government involved.

Siebert said he drove around the city recently and saw many instances where neighbors could complain but don’t. He said if neighbors get along and don’t care, why should the city get involved?

There was some discussion about the law looking at the amount of “junk” in a back yard, but Walker said that would be too hard to measure.

Councilman Rob Toyer thought the new code was fine and made a motion to approve it. That idea died when the motion was not seconded.

Chief Administrative Officer Gloria Hirashima said the city will take another look at the measure and bring it back to the council next month.

In other council news:

•Resident Ron Friesen applauded the trash ordinance. He said he has lived in the area 40 years and the problem keeps getting worse. He said officers need to be able to cite violators and not have to wait for neighbors to complain. He also said more resources need to target the problem.

•Resident Charles Smith complained about a disabled car being allowed to park in front of his house for 2 1/2 years. Normally, it could be towed after 24 hours, but since it has a handicapped sticker on it there is no such restriction. Hirashima said the city is working on a code to solve that issue.

•Public Works District director Kevin Nielsen said, responding to citizen complaints, that the city is fixing the traffic circles at 92nd because many motorists are not using them correctly. He also said public works is starting pavement overlays and paving disability ramps at places like 88th.

•Tom King and Robert Lovato were named to the salary commission.