Chapter 8.20
VEGETATION

Sections:

8.20.010    Vegetation as a nuisance.

8.20.020    Uncontrolled weeds and vegetation on business property.

8.20.030    Violation – Penalty.

8.20.040    Removal – City action.

8.20.050    Removal – Cost – Payment.

8.20.010 Vegetation as a nuisance.

Vegetation left uncut and/or in an unkempt stage may cause safety hazards, fire hazards, and/or pest harborages, and may interfere with, annoy, injure or endanger the comfort, repose, health or safety of others, or unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, street or highway; or in any way render other persons insecure in life, or in the use and enjoyment of property, thus constituting a public nuisance.

A. Trees, plants, bushes, shrubs, vines, other vegetation or parts thereof which overhang any sidewalk, street, alley or other public way which are growing in such a manner as to cause a sight distance hazard or to obstruct or impair the full use of the sidewalk, street, alley or other public way are declare to be a public nuisance.

B. Trees, plants, bushes, shrubs, grasses, vines, other vegetation or parts thereof that are growing and/or grown and died and are now causing a fire hazard or menace to public health and safety, or are degrading or causing a decline of the character of the neighborhood are also declared to be a public nuisance.

C. Grasses (lawn) within the yards of occupied residential properties which are not maintained at a height of six inches or less are also declared to be a public nuisance; provided, that property within the R-R rural residential zone shall be exempt from the provisions of this paragraph.

D. Grasses, ground cover, and/or vines on vacant lots that are within or adjacent to developed areas which are not used for agricultural purposes, and are not part of a wetland or other sensitive environmental system, which are not maintained at a height of 12 inches or less are also declared to be a public nuisance; provided, that property within the R-R rural residential zone shall be exempt from the provisions of this paragraph.

E. Failure to maintain the trees, shrubs, ground cover, or grass of any landscaped area (that was required by the city to be planted) in a healthy, living condition shall be a public nuisance. Failure to replace any tree or shrub that has died is a public nuisance. It is also a public nuisance if landscaped areas are overgrown with weeds or un-maintained grass.

F. Any pruning of trees or shrubs (that were required by the city to be planted) shall be for the purpose of maintaining the tree or shrub in a healthy growing condition and/or to enhance its natural growing form. Excessive pruning of trees or shrubs that adversely affects the healthy living condition of the plant or excessively damages the natural growing form of the plant shall be a public nuisance; unless such pruning is done to alleviate documented public health and safety concerns. (Ord. 5747 § 3, 2003; Ord. 4504 § 9, 1991; Ord. 2981 § 2, 1976.)

8.20.020 Uncontrolled weeds and vegetation on business property.

It is unlawful for any person to permit or allow weeds or vegetation to become uncontrolled on any business property within the city over which he or she has ownership, occupancy or control. “Uncontrolled weeds or vegetation” shall be defined as follows:

A. Any undesired, uncultivated and unsightly plants growing in profusion so as to crowd out desired plant growth or disfigure a lawn; or

B. Any vegetation growth, including but not limited to weeds, grasses, bushes, hedges and trees or tree branches, which obstructs the vision of people in vehicles or on sidewalks or rights-of-way so as to interfere with the safe, full and free use of any street, sidewalk or right-of-way within the city; or

C. Any vegetation growth that creates a fire or other safety hazard. (Ord. 5747 § 3, 2003; Ord. 5654 § 1, 2002; Ord. 4040 § 7, 1985.)

8.20.030 Violation – Penalty.

The code enforcement official, or his designee, pursuant to the provisions of Chapter 1.25 ACC, is authorized and empowered to notify the owner of any open or vacant private property within the city or the agent of such owner to properly cut and remove all grass, weeds and brush growing in violation of ACC 8.20.010 and 8.20.020 which is dangerous to public health, safety and welfare. A violation of any of the provisions of this chapter by any person, firm or corporation shall be a civil infraction or subject to a civil penalty, punishable in accordance with Chapter 1.25 ACC, except where the violation is designated as a misdemeanor as provided in ACC 1.25.050. (Ord. 6328 § 3, 2010; Ord. 5837 § 7, 2004; Ord. 5747 § 3, 2003; Ord. 4504 § 10, 1991; Ord. 4040 § 2, 1985.)

8.20.040 Removal – City action.

Upon the failure, neglect or refusal of any owner or agent so notified to properly cut and dispose of grass, weeds and brush dangerous to the public health, safety or welfare within the time specified in the notice provided in ACC 8.20.030, the code enforcement official is authorized and empowered to pay for the disposing of such grass, weeds and brush and to order its disposal by the city. (Ord. 5747 § 3, 2003; Ord. 4504 § 11, 1991; Ord. 4040 § 3, 1985.)

8.20.050 Removal – Cost – Payment.

When the city has effected the removal of said grass, weeds or brush, any penalty assessed pursuant to Chapter 1.25 ACC shall include the city’s actual costs. (Ord. 5747 § 3, 2003; Ord. 4504 § 12, 1991; Ord. 4040 § 4, 1985.)