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Chapter 7.08
NOXIOUS WEEDS*Sections:
7.08.010 Owner defined.
7.08.020 Noxious weeds and vegetation—Removal.
7.08.030 Failure to abate—Penalty.
7.08.040 Council resolution—City action and lien.
7.08.050 Abatement.
7.08.060 Immediate danger—Summary abatement.
7.08.070 Enforcement authority.
7.08.080 Provisions of chapter cumulative.
7.08.090 Each day as separate offense.
*Prior ordinance history: Ord. 98.
7.08.010 Owner defined.
The term “owner” as used in this chapter shall be and include the owner of record according to the records of the office of auditor of Franklin County, Washington. (Ord. 534 § 1 (part), 1987).
7.08.020 Noxious weeds and vegetation— Removal.
Each and every owner of property situated in the city shall remove or destroy:
(a) All trees, plants, shrubs or vegetation or parts thereof, either living or dead, which overhang any sidewalk or street or which are growing on the property in such a manner so as to obstruct or impair the free, full and safe use of the sidewalk or street by the public; provided, however, this provision shall not apply to those trees planted on Columbia Avenue with the permission of the City Council;
(b) All grass, weeds, shrubs, bushes, trees or vegetation which is growing or which has died and which is upon the property and which is a fire hazard or a menace to public health, safety and welfare; and
(c) All noxious weeds, including, but not limited to poison oak, poison ivy, poison sumac, kochia, morning glory, Canada thistle, rush skeletonweed, dalmation toadflax, diffuse knapweed, Scotch thistle, yellow starthistle and jointed goatgrass, whether alive or dead. (Ord. 568 § 1, 1990: Ord. 534 § 1 (part), 1987).
7.08.030 Failure to abate—Penalty.
It is unlawful for any owner of property within the city to suffer, allow, continue or maintain property which has trees, plants, shrubs or vegetation or parts thereof on said property, contrary to the provisions of Section 7.08.020. Every person who violates any of the provisions of this chapter has committed a code infraction and shall pay a civil penalty not to exceed five hundred dollars. (Ord. 534 § 1 (part), 1987).
7.08.040 Council resolution—City action and lien.
(a) The city council of the city is authorized to initiate a resolution requiring the owner to remove and destroy all trees, plants, shrubs and vegetation upon the property owned by him which is on the property contrary to the provisions of Section 7.08.020.
(b) Notice of the proposed adoption of the resolution shall:
(1) Describe the property involved;
(2) Describe the condition which exists which must be abated;
(3) State that the city council will consider adopting a resolution requiring the property owner, in addition to the penalties described by Section 7.08.030, to abate the condition at his cost and expense, and within a time specified in the resolution, and if the abatement of the condition is not made by the owner within the time specified, the city may abate the same as provided in this chapter and charge the cost of abatement against the owner of the property and file a lien against the property for such costs if the owner fails to pay the same;
(4) State the date, time and place the city council is to consider the resolution;
(5) Be served on the owner at least five days prior to the date the city council is to consider the resolution, and be served by mailing a copy thereof by regular, first-class mail, postage prepaid and by certified mail, return receipt requested, to the owner of record at his last known address as shown by the records in the office of the Franklin County treasurer, and by posting an additional copy thereof on the bulletin board at the Connell City Hall.
As an alternative to mailing, the owner may be personally served with the notice.
(c) The city council, after notice as provided in subsection (b), above, may initiate by resolution abatement proceedings requiring the owner to abate the condition. The resolution shall:
(1) Describe the property involved;
(2) Describe the condition which exists which must be abated;
(3) Require the owner to abate or remove such condition and provide that if such removal or abatement of the condition is not made by the owner to the satisfaction of the chief of police or his designee on a date specified in the resolution, which shall not be less than twenty days from the date the resolution is adopted, the city will cause the removal or abatement of the condition and the cost of removal or abatement to the city shall become a charge against the owner of the property and a lien against the property;
(4) Provide that in the event the removal or abatement of the condition is not made by the owner or occupant before the time specified therein, the city shall, under the direction of the chief of police, provide for and remove or abate the condition with the work done by city force or under contract;
(5) Provide that the city shall maintain accurate records of all costs associated with the removal and abatement and that if city personnel and equipment are used in the abatement and removal work, the work shall be charged to the owner at the rate of forty-five dollars per hour for the use of city equipment and one equipment operator, and at the rate of fifteen dollars per hour for each city employee working without equipment;
(6) Provide that the costs to the city for such work shall be and become a charge to the owner of the property and a lien against the property.
(d) Notice of the lien herein authorized shall, as nearly as practical, be in substantially the same form, filed with the same officer within the same time and manner, and enforced and foreclosed on as provided for liens for labor and materials. (Ord. 534 § 1 (part), 1987).
7.08.050 Abatement.
Whenever any condition exists as defined in Section 7.08.020 which is not removed or destroyed by the owner, the city may, in addition to procedures herein-above set forth, pursue in the superior court of Franklin County a suit in equity to enjoin and abate the same in the manner provided by law. (Ord. 534 § 1 (part), 1987).
7.08.060 Immediate danger—Summary abatement.
Whenever any condition or use of the property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof, the enforcement officer shall have the authority to summarily and without notice, abate the same. The expenses of such abatement shall become a civil debt against the owner or other responsible person and shall be collected as provided in Section 7.08.050. (Ord. 534 § 1 (part), 1987).
7.08.070 Enforcement authority.
It is the duty of the chief of police or his designee to enforce the provisions of this chapter, and it is his duty to make the proper citations for the prosecution of any person or persons violating this chapter. The chief of police is further authorized and directed to bill the property owner or occupant for the cost to the city for removal of any material as provided in this chapter. (Ord. 534 § 1 (part), 1987).
7.08.080 Provisions of chapter cumulative.
The provisions of this chapter shall be cumulative and in addition to the provisions of any now existing or hereafter enacted ordinances of the city. (Ord. 534 § 1 (part), 1987).
7.08.090 Each day as separate offense.
Each day or part of a day’s continuance of anything prohibited by this chapter shall be a separate offense hereunder. (Ord. 534 § 1 (part), 1987).
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