Chapter 8.10
VEGETATION, LITTER AND JUNK
Sections:
8.10.030 Notice to property owner.
8.10.040 Town may remove/destroy vegetation, litter and junk.
Prior legislation: Ord. 192.
8.10.010 Definitions.
For the purpose of this chapter, certain words used herein are defined as follows:
“Litter and junk” shall include debris in the form of cans, bottles, glass, ashes, garbage, waste paper, packing material, wire, old or scrap copper, brass, rope, batteries, paper, rubber debris, broken stone or cement, broken crockery, discarded building material, rags, boxes, crates, packing cases, mattresses, bedding, tree and vegetation trimmings, dismantled, disabled, abandoned or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous materials and all other trash or waste, including abandoned inflammable materials, which are a fire hazard or a menace to the public health, safety, or welfare.
“Town official” means the director of public works or fire chief or their authorized representatives.
“Vegetation” shall include all grass, weeds, plants, shrubs, bushes, trees, or other vegetation growing, or which has grown and died, or parts thereof, which constitute a fire hazard or which menace public health, safety, or welfare, or which overhang any sidewalk or street or obstruct or impair the free and full use of any sidewalk or street by the public. [Ord. 321 § 1, 1990.]
8.10.020 Abatement action.
Upon determination that any real property within the town is the site of vegetation, litter or junk in violation of this chapter, the town official shall take the following action:
A. The town official shall issue an order of abatement to the property owner, directing the destruction or removal of the vegetation, litter or junk within 20 days of the date of issuance of the order of abatement. Such order of abatement shall be dated and identify the real property on which the vegetation, litter or junk is situated by street address and by legal description and shall describe the conditions thereon which violate this chapter. The order of abatement shall be personally served upon the property owner or shall be mailed by certified mail to the address of the property owner as shown by the records of the county assessor and posted on the real property where the vegetation, litter or junk is found.
B. Upon failure of the property owner to comply with the order of abatement, the town official shall present for town council consideration a resolution which instructs the property owner to remove or destroy the vegetation, litter, or junk within 20 days following adoption of the resolution. Such resolution shall contain the street address and legal description of the real property on which the vegetation, litter, or junk is found, shall describe the violation thereon, and shall notify the property owner that failure to comply with the abatement directions therein shall result in abatement action by the town, with the costs thereof to become a charge against the property owner. If the order of abatement requires the removal of any trees, plants, shrubs, grass, weeds, or vegetation, or parts thereof, and if the owner fails to remove or destroy them, the town will cause the removal or destruction thereof and the cost shall become a charge against the owner of the property and a lien against the property in accordance with RCW 35.21.310. The owner of the property shall be given not less than five days’ written notice of presentation of the proposed resolution to the town council, and shall be given an opportunity to speak at the town council meeting regarding the resolution.
C. Upon passage of the resolution, the town council shall promptly give notice in writing thereof to the property owner. [Ord. 365, 1996; Ord. 321 § 2, 1990.]
8.10.030 Notice to property owner.
Notice to the property owner required in YMC 8.10.020(B) and (C) shall be given by personal service upon the property owner; provided, that personal service shall not be required where the property owner is not a resident of or cannot be found in the town of Yacolt. In all cases where personal service of the notice is not made upon a property owner, then notice shall be given by publication for one day in a local newspaper, and by certified mail at the property owner’s address as shown in the records of the county assessor, and by posting a copy of the resolution upon the real property. [Ord. 321 § 3, 1990.]
8.10.040 Town may remove/destroy vegetation, litter and junk.
If, after the expiration of 20 days from the adoption of the resolution referred to in YMC 8.10.020(B), the vegetation, litter, or junk has not been removed or destroyed in accordance with the direction in the resolution, the town official shall remove or destroy the vegetation, litter or junk and the cost of removal or destruction, along with the town’s reasonable costs of enforcement under this chapter, shall become a charge against the property owner. If the town is required to remove any trees, plants, shrubs, grass, weeds, or vegetation, or parts thereof, the cost shall become a charge against the property owner and a lien against the property in accordance with RCW 35.21.310. The lien shall be in a similar form and shall be filed, enforced and foreclosed in the same time and manner as provided by law for liens for labor and material. [Ord. 365, 1996; Ord. 321 § 4, 1990.]