Chapter 12.16
DEAD AND OVERHANGING VEGETATION
Sections:
12.16.020 Removal of overhanging vegetation required.
12.16.030 Removal of hazardous vegetation required.
12.16.040 Enforcement – Removal by town.
12.16.050 Notice required before resolution passage.
12.16.060 Removal by town – Lien filing.
12.16.010 Owner defined.
“Owner” as used in this chapter, means and includes the owner of record according to the records of the office of the auditor of Douglas County. (Ord. 291 § 1, 1958).
12.16.020 Removal of overhanging vegetation required.
Each and every owner of property situated in the town shall remove or destroy all trees, plants, shrubs or vegetation or parts thereof which overhang the sidewalk or street or which are growing thereon in such manner as to obstruct or impair the free and full use of a sidewalk or street by the public. (Ord. 291 § 2, 1958).
12.16.030 Removal of hazardous vegetation required.
Each and every owner of property situated in the town shall remove or destroy all grass, weeds, shrubs, bushes, trees or vegetation growing, or which have grown and died, upon the property owned or occupied by such owner, and which are a fire hazard or a menace to public health, safety and welfare. (Ord. 291 § 3, 1958).
12.16.040 Enforcement – Removal by town.
The superintendent, or such officer or employee of the town as the town council may hereafter designate, and who is hereinafter referred to as the enforcing officer, shall enforce this chapter, and if any property owner fails or refuses to remove or destroy the trees, plants, shrubs, grass, weeds, bushes or vegetation, as described in WMC 12.16.020 and 12.16.030, the town council may, after notice filed by the enforcing officer with the town clerk/treasurer by resolution require such property owner to remove or destroy the trees, plants, shrubs, grass, weeds, bushes or vegetation at his cost and expense within a time specified in the resolution; and if the removal or destruction is not made by the owner within the time specified, the enforcing officer may remove or destroy the same as provided in WMC 12.16.060. (Ord. 291 § 4, 1958).
12.16.050 Notice required before resolution passage.
The resolution mentioned in WMC 12.16.040 shall not be passed until at least five days’ notice of its pendency is given to the owner. (Ord. 291 § 5, 1958).
12.16.060 Removal by town – Lien filing.
In the event the owner shall fail to remove or destroy said condition or hazard within the time fixed in the resolution therefor, the enforcing officer shall cause the same to be removed or destroyed. The town clerk/treasurer shall render a bill covering the cost to the town of such removal or destruction, including any necessary cost of supervision and mail the same to the owner at the address mentioned in this chapter. If the property owner fails or refuses to pay the bill within 10 days of such mailing or if no bill is mailed because the identity or address of the owner cannot be ascertained, the enforcing officer, in the name of the town, shall file a statement of lien therefor with the county auditor against the property, which lien, as nearly as may be, shall be in the same form, filed within the same time and manner and enforced and foreclosed in the same manner as provided by laws for liens for labor and material. (Ord. 291 § 6, 1958).