Chapter 7.12
NOXIOUS WEEDS
Sections:
7.12.020 Owner’s duty to control spread of noxious weeds.
7.12.030 Permitting accumulation unlawful.
7.12.040 Removal – Duty of owner.
7.12.060 Complaint for noncompliance – Penalty for violation.
7.12.070 Hearings on contested cases of liability.
7.12.090 Fees for performance of enforcement.
7.12.010 Definitions.
Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:
(1) “Noxious weed” or “weed” means any plant growing in the city which is 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 Asotin County’s noxious weed list; or, if not included on Asotin County’s noxious weed list, has been designated for control by resolution of the city council.
(2) “Person” means any individual, partnership, corporation, firm, the state, or any department, agency or subdivision thereof, or any other entity.
(3) “Owner” means the person in actual control of real property, or his agent, whether such control is based on legal or equitable title or on any other interest entitling the holder to possession, and, for purposes of liability for payment pursuant to the provisions of this chapter, means the possessor of legal or equitable title or the possessor of an easement; provided, that when the possessor of an easement has the right to control or limit the growth of vegetation within the boundaries of an easement, only the possessor of such easement shall be deemed, for the purpose of this chapter, an “owner” of the property within the boundaries of such easement.
(4) As pertains to the duty of an owner, the word “control” and the term “prevent the spread of noxious weeds” mean conforming to the standards of noxious weed control or prevention adopted by rule or regulation by the Asotin County noxious weed control board.
(5) “Agent” means any occupant or any other person acting for the owner and working, or in charge of, the land.
(6) “Lot” or “land” means public or private property and the paved or unpaved portion of a public right-of-way which abuts upon public or private property. [Ord. 1029 § 1, 1987.]
7.12.020 Owner’s duty to control spread of noxious weeds.
It is the duty of every owner and every owner shall perform or cause to be performed such acts as may be necessary to control and to prevent the spread of noxious weeds from his property; and the failure to do so is unlawful. [Ord. 1029 § 2, 1987.]
7.12.030 Permitting accumulation unlawful.
It is unlawful for any owner of a lot or land within the city to permit or maintain on any such lot or land living weeds included on the Asotin County noxious weed list. [Ord. 1029 § 3, 1987.]
7.12.040 Removal – Duty of owner.
It is the duty of every owner of any lot or land to cut and remove or eradicate or cause to be cut and removed or eradicated from such property, as often as may be necessary, all prohibited weeds, in order to comply with the provisions of CMC 7.12.030. [Ord. 1029 § 4, 1987.]
7.12.050 Removal – Notice.
If it appears to the satisfaction of the city that any provision of this chapter is being or has been violated, the city shall serve written notice either personally or by certified mail, 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, which notice shall state:
(1) The description of the property on which the alleged violation has occurred;
(2) The specific nature of that violation;
(3) The section or sections of this chapter alleged to be violated;
(4) The date by which the violating condition is to be abated, which date shall not be less than 10 days after receipt of such notice by the alleged offender;
(5) That, if removal or destruction of the violating condition is not made by the owner within the time limit set forth as provided for in subsection (4) of this section, the city shall cause the removal or destruction of the violation; and
(6) That should the city cause the removal or destruction of the violating 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 that section now exists or may hereafter be amended. [Ord. 1029 § 5, 1987.]
7.12.060 Complaint for noncompliance – Penalty for violation.
In the event any owner or agent to whom notice has been given does not do or cause to be done the abatement of the violating condition as described in the notice within the time provided in the notice, the city attorney may file a complaint in a court of competent jurisdiction for failure to comply with such notice of violation, and any owner found guilty of violating any provision of this chapter is guilty of a misdemeanor. [Ord. 1029 § 6, 1987.]
7.12.070 Hearings on contested cases of liability.
Any owner who wishes to dispute the cost of weed control which has been carried out on his land may request a hearing before the city supervisor. The owner shall file, with the city supervisor, a request in writing for a hearing within 20 days after the city has mailed the demand for payment to the owner. The hearing shall be conducted within 30 days after receipt of said request for hearing. The hearing shall be conducted informally and the formal rules of evidence shall not apply. The city supervisor shall listen to whatever witnesses the owner might wish to call and the city supervisor shall, at the conclusion of the hearing, determine whether or not the costs assessed were proper. Such determination shall be final unless that determination is appealed to a court of competent jurisdiction within 10 calendar days of the rendition thereof. [Ord. 1029 § 7, 1987.]
7.12.080 Entry upon property.
The city supervisor or his designees, 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 the taking of specimens of weeds or other materials, general inspection, and the performance of eradication or control work. [Ord. 1029 § 8, 1987.]
7.12.090 Fees for performance of enforcement.
The city council shall by resolution fix the fee or fees to be charged by the city to any owner in the event that the city performs any eradication, destruction or removal services pursuant to the provisions of this chapter. [Ord. 1029 § 9, 1987.]