Chapter 8.09
VEGETATION, WEED AND
DEBRIS ABATEMENT
Sections:
8.09.010 Authority.
8.09.020 Definitions.
8.09.030 Prohibited conditions designated.
8.09.040 Prohibitive conditions unlawful.
8.09.050 Entry upon property.
8.09.060 Removal – Notice – Lien.
8.09.070 Penalty.
8.09.010 Authority.
The city adopts the ordinance codified in this chapter, pursuant to RCW 35.21.310. (Ord. 887 § 2 (Exh. A (part)), 1990).
8.09.020 Definitions.
Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter:
A. “Abate” means to destroy, remove, correct or terminate.
B. “Continue” means failure to destroy, remove, correct or terminate.
C. “Owner” means the person in actual control of real property, or his agent, whether such control is based on legal or equitable title or any other interest entitling the holder to enjoyment, possession or use of the property, and for purposes of liability for payment pursuant to the provisions of this chapter, means the possessor of legal or equitable title.
D. “Person” means any individual, partnership, corporation, unincorporated association, firm, the state of Washington, or any department, agency or subdivision thereof, or any other entity.
E. “Weed” includes but is not limited to, any noxious plant which has been determined by the State Noxious Weed Control Board to be injurious to crops, livestock or other property and which is included for purpose of control on Chelan County’s noxious weed list; or, thistles, nettles or other 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. 887 § 2 (Exh. A (part)), 1990).
8.09.030 Prohibited conditions designated.
The following conditions are prohibited:
A. Trees, plants, shrubs, or vegetation, or parts thereof, which overhang any sidewalk, street or fire hydrant, or which are growing thereon in such a manner as to obstruct or impair the free and full use of the sidewalk, street or fire hydrant by the public.
B. Grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died which constitute a fire hazard or a menace to public health, safety or welfare.
C. Debris which is a fire hazard or a menace to public health, safety or welfare. (Ord. 1061 § 6, 1997; Ord. 887 § 2 (Exh. A (part)), 1990).
8.09.040 Prohibitive conditions unlawful.
It is unlawful and a nuisance for the owner or occupant of real property, including any unimproved right-of-way, parking strip, or similar area abutting and adjacent to said real property, within the corporate limits of the city to allow, continue or maintain a prohibited condition as set forth in Section 8.09.030. (Ord. 994 § 1, 1994: Ord. 887 § 2 (Exh. A (part)), 1990).
8.09.050 Entry upon property.
The city administrator, or his designee, in the performance of his duties under this chapter may go upon any real property located within the city at any reasonable time for any reason necessary to effectuate the purposes of this chapter, including but not limited to taking of specimens of weeds or other materials, general inspection, and performance of eradication or control work. (Ord. 887 § 2 (Exh. A (part)), 1990).
8.09.060 Removal – Notice – Lien.
A. If it appears to the city administrator or his designee that any provision of this chapter is being or has been violated, the administrator shall serve written notice either personally or by certified mail, with a five-day return receipt requested, upon the owner, or if the owner cannot be located, the agent having the care or control of the premises upon which the violation exists.
B. The notice required by subsection A of this section shall state:
1. The description of the property on which the alleged violation has occurred;
2. The prohibited condition which exists;
3. The section or sections of this chapter alleged to be violated;
4. The date by which the prohibited condition is to be abated, which date shall not be less than ten days after receipt of such notice by the alleged offender;
5. That if abatement of the prohibited condition or a written request for a hearing before the Chelan municipal court made to the city clerk is not made by the owner within ten days after receipt of such notice, then the city administrator will bring this matter before the city council, the date thereof to be specified in the notice, and request the city council to pass a resolution authorizing the city administrator to cause the abatement of the prohibited condition.
C. Should the city administrator cause the abatement of the prohibited condition, the cost thereof incurred by the city shall become a charge against the owner of the property and a lien against the property as provided for in RCW 35.21.310, as it now exists or may hereafter be amended.
D. Upon receipt of a request for a hearing provided for in this section, the Chelan municipal court shall set a date for the hearing on the question of abatement of the prohibited condition. The city clerk shall provide twenty days notice of the time, location and date of such hearing to the person requesting the hearing and the owner of the property.
E. Notice of the lien set forth in this section shall be in substantially the same form, filed with the same officer, completed within the same time and manner, and enforced and foreclosed as is provided by law for liens for labor and materials. Specifically, a lien for work on a specific parcel or lot shall be filed within ninety days of the last day of work performed on said parcel or lot. (Ord. 994 § 2, 1994; Ord. 887 § 2 (Exh. A (part)), 1990).
8.09.070 Penalty.
In the event any owner to whom notice has been given does not do or cause to be done the abatement of the prohibited condition, as described in the notice, within the time provided in the notice, such person shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars or by imprisonment in jail for a term not to exceed thirty days, or by both such fine and imprisonment. (Ord. 887 § 2 (Exh. A (part)), 1990).