Chapter 8.04
PLANT NUISANCE

Sections:

8.04.010    Duty to maintain trees or shrubs – Nuisance.

8.04.020    Notice to trim or remove.

8.04.030    Council hearing – Order.

8.04.040    Nuisance abatement – Lien.

8.04.050    Allowing noxious plants, uncut weeds, etc. – Nuisance.

8.04.060    Nuisance abatement order.

8.04.070    Liability for costs of abatement.

8.04.080    Penalty for violation.

8.04.010 Duty to maintain trees or shrubs – Nuisance.

All persons owning or maintaining shade or ornamental trees or shrubs upon or in front of the premises owned or occupied by them shall keep the same trimmed and in such condition so as not to interrupt a clear vision of both vehicles and foot traffic, or interfere with the wire, poles or fixtures maintained or owned by any department of the city, or permit the same to come in contact therewith or so obstruct or interfere with any lamp standard as to prevent the proper diffusion of light therefrom. Such owning or maintaining of trees or shrubs is declared to be a public nuisance. (Ord. 100 § 1, 1967).

8.04.020 Notice to trim or remove.

Whenever any such shade or ornamental trees or shrubs interrupt a clear vision of either vehicles or foot traffic or interfere with or come in contact with wires, poles or fixtures maintained or belonging to the city the owner or occupant of the premises to which the same shall appertain may be notified in writing to trim or remove the same. Said notice shall be signed by the street superintendent of the city and such owner or occupant so notified shall within 10 days after the receipt of such notice trim, prune or remove said trees and shrubs as required. Should the owner of such premises be unknown or a nonresident of Gig Harbor, or should personal service not be obtained upon the owner or occupant of such premises after reasonable diligence, such notice shall be posted in a conspicuous place upon said premises. (Ord. 100 § 2, 1967).

8.04.030 Council hearing – Order.

If the owner or occupant aforesaid fails, neglects or refuses to trim or remove any such shade or ornamental trees or shrubs within 10 days after the receipt or posting of such notice as provided in GHMC 8.04.020, further notice may be served or posted as provided in GHMC 8.04.020 requiring such owner or occupant to appear before the city council of the city in the council chamber upon a day stated to show cause, if any there be, why such trees or shrubs should not be pruned, trimmed or removed in accordance with such notice, and at which time such owner or occupant shall be entitled to be represented by counsel and introduce evidence supporting his position relative thereto and if the council shall find that such trees or shrubs should be pruned, trimmed or removed and are a public nuisance it shall make a finding to that effect in its minutes. The city council of the city may thereupon order the pruning, trimming or removal of such trees or shrubs and the abatement of such nuisance in such manner as may to the council seem proper and reasonable, and either by the owner or by the city. The provisions of this section shall not be considered an exclusive procedure, but may be exercised either separately or in conjunction with any other remedy or procedure authorized by any other ordinance, law or statute. (Ord. 100 § 3, 1967).

8.04.040 Nuisance abatement – Lien.

If the nuisance is not abated or removed by the property owner within the time fixed by the city council pursuant to GHMC 8.04.030, the city’s street superintendent may abate the same, and he shall render a bill covering the cost to the city of such abatement, including the street superintendent’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 he cannot be found, the city clerk, in the name of the city, may file a lien therefor against the property, which lien shall be in the same form, filed with the same officer, and within the same time and manner and enforced and foreclosed as is provided by law for liens for labor and material. (Ord. 100 § 5, 1967).

8.04.050 Allowing noxious plants, uncut weeds, etc. – Nuisance.

The following specific acts, omissions, places, conditions, and things are declared to be a nuisance:

The maintaining, using, placing, depositing, causing, allowing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises or in or upon any street, avenue, alley, park, parkway or other public or private place in the city of any one or more of the following places, conditions, things or acts to the prejudice, danger or annoyance of others: Poison oak, poison ivy, deadly nightshade, or any noxious or toxic weed or uncultivated plant (whether growing or otherwise), weeds, tall grass, uncultivated shrubs or growth higher than two feet, or grass clippings, cut brush, cut weeds. (Ord. 132 § 1, 1970).

8.04.060 Nuisance abatement order.

When judgment shall be rendered against any person, firm or corporation finding them guilty of creating, keeping or maintaining a nuisance, as herein provided, it shall be the duty of the court before whom the conviction is had, in addition to imposing the penalty or penalties herein provided, to order the defendant or defendants in such action to forthwith abate and remove such nuisance, and if the same is not done by such offender within 24 hours the same shall be abated and removed under the direction of the chief of police of the city or any other officer authorized by the order of said court, which said order of abatement shall be entered upon the docket of said court and made a part of the judgment in said action. (Ord. 132 § 2, 1970).

8.04.070 Liability for costs of abatement.

Any person, firm or corporation found guilty of keeping or maintaining a nuisance, as herein provided, shall be liable for all costs and expenses of abating the same when said nuisance has been abated by any officer of the city which said costs and expenses shall be taxed as part of the costs of said prosecution against the party liable, to be recovered as other costs are recovered; provided, that in such cases the city shall be liable in the first instance to pay the same, and in all cases where the chief of police or other officer shall abate any such nuisance he shall keep an account of all expenses attending such abatement and in addition to other powers herein given to collect such costs and expenses, the city may bring suit for the same in any court of competent jurisdiction against the person, firm or corporation creating, keeping or maintaining the nuisance so abated. (Ord. 132 § 3, 1970).

8.04.080 Penalty for violation.

Violation of any portion of this chapter is an infraction and subject to a penalty of $500.00 as provided in GHMC 1.16.010D. (Ord. 460 § 3, 1985; Ord. 184 § 2, 1974; Ord. 132 § 4, 1970; Ord. 100 § 4, 1967).