Chapter 8.20
WEEDS AND VEGETATION

Sections:

8.20.010  Definitions.

8.20.020  Unlawful to maintain public nuisance.

8.20.030  Prohibited conditions designated.

8.20.040  Enforcement.

8.20.050  Notice requirements.

8.20.060  Abatement action by town.

8.20.070  Violation – Penalty.

8.20.010 Definitions.

In this chapter, unless a different meaning is plainly required, the terms designated in this section will be defined as follows:

(1) "Abate" means to do away with or nullify or put an end to.

(2) "Continue" means not to remove or terminate.

(3) "Owner" and "occupier" includes any natural person, corporation, or unincorporated association having by deed, contract, assignment, lease or by permission of the same the right to enjoy and use the premises, the right to dispose of the property or the person occupying or cultivating it.

(4) "Weeds" include plants that are a nuisance, hazard, tend to overgrow or choke out more desirable plants, or cause injury to man, animal, or a desired crop, flower, garden plant or lawn cover. (Ord. 350 § 1, 1993)

8.20.020 Unlawful to maintain public nuisance.

It is unlawful for the owner or occupier of a lot, parcel, or tract of land within the corporate limits of the town of Cathlamet to make, continue, allow or cause to be made, continued or allowed on such premises any of the conditions declared to be public nuisances by CMC 8.20.030. (Ord. 350 § 2, 1993)

8.20.030 Prohibited conditions designated.

Each of the following conditions is in violation of this chapter and each of said conditions is hereby declared to be a public nuisance:

(1) Grass or weeds growing or which have grown and died exceeding the height of 12 inches;

(2) Trees, plants, shrubs, or vegetation of any kind or parts thereof which overhang any sidewalk or street, or which are growing thereon in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public;

(3) The presence of a substantial amount of paper, rubbish or other debris, on, over or entangled in vegetation on the premises;

(4) Grass, weeds, shrubs, bushes, trees or vegetation growing, or which have grown and died, and which are a fire hazard or a menace to public health, safety, or welfare;

(5) The presence of any other debris, including inoperable vehicles or hulks, which is a fire hazard or a menace to public health, safety, or welfare. (Ord. 350 § 3, 1993)

8.20.040 Enforcement.

(1) The public works director shall enforce this chapter and if any property owner fails or refuses to abate any such nuisances as enumerated in CMC 8.20.030, the town council may, after a report filed by the public works director, by resolution, require any such property owner or occupier, in addition to or as an alternative to the penalties prescribed herein, to abate the nuisance by removal or destruction, at the owner’s and/or occupier’s cost and expense, within a time specified in the resolution; and if the removal and destruction are not made by such owner and/or occupier within the time specified, the public works director may abate the same as provided in CMC 8.20.060.

(2) Any person affected by the resolution issued by the town council, may within 10 days after the town council adopts such resolution, petition the superior court of Wahkiakum County for an injunction restraining the town from carrying out the provisions of the resolution. In all such proceedings, the superior court is authorized to affirm, reverse or modify the resolution. Such proceedings in the superior court shall be heard de novo. (Ord. 350 § 4, 1993)

8.20.050 Notice requirements.

The resolution mentioned in CMC 8.20.040 shall not be passed until the property owner is given at least five days’ notice of pendency of the proposed resolution; such notice shall be given by the public works director by mailing, by certified mail with return receipt requested, a copy of the notice to the owner as is shown upon the records of the Wahkiakum County treasurer or assessor at the address shown thereon; and if no owner or address is shown on such records, a copy of the notice shall be posted upon the property, and shall also be published in one issue of the official newspaper of the town of Cathlamet. Any such mailing, posting or publication shall be made at least five days before the resolution is adopted and proof shall be made by affidavit of the public works director and filed with the town clerk. The notice shall include the resolution number and both shall describe the property involved and the nature of the condition or conditions constituting the nuisance. If enforcement action is to be taken against an occupier of property, like notice shall be given to said occupier directed to him or her at his or her last known address. (Ord. 350 § 5, 1993)

8.20.060 Abatement action by town.

If the nuisance is not abated by removal or destruction by the property owner within the time fixed in the resolution, the public works director may abate the same and he shall render a bill covering the cost to the town of such abatement including the public works director’s expense, and mail the bill to the property owner. If the property owner fails or refuses to pay the bill immediately or if no bill is rendered because the owner cannot be found, the public works director, in the name of the town, may file a lien therefor against said property, which lien shall nearly as practicable be in the same form and filed with the same officer and within the same time and manner and enforced and foreclosed as provided by law for liens for labor and material as provided in the Revised Code of Washington. (Ord. 350 § 6, 1993)

8.20.070 Violation – Penalty.

Failure or refusal to comply with any of the provisions of this chapter or any abatement resolution issued hereunder shall be a civil infraction, Class 1, under Chapter 7.80 RCW. Each day of refusal or failure to comply shall be deemed a separate offense. The town marshal and the public works director may issue notices of infraction pursuant to RCW 7.80.070 which shall be enforced and prosecuted under the authority of Chapter 7.80 RCW. (Ord. 350 § 7, 1993)