Chapter 8.08
WEEDS
Sections:
Article I. Dry Weeds
8.08.020 Dry weeds – Nuisance.
8.08.030 Dry weeds – Maintenance unlawful.
8.08.040 Dry weeds – Removal required.
8.08.050 Dry weeds – Burning approval required – Fine.
8.08.070 Violation – Person subject to penalty.
Article II. Vegetation
8.08.100 Trees, plants and shrubs – Nuisance when.
8.08.110 Violation – Penalty – Notice to abate without penalty.
Article III. Abatement by City
8.08.120 Violation – Abatement.
8.08.130 Violation – Abatement costs – Lien on property.
Article I. Dry Weeds
8.08.010 Dry weeds – Defined.
“Dry weeds” means any weeds, grass or soil growth which attains a height of six inches or more and which is permitted to dry sufficiently that the same is inflammable or combustible. (Ord. 267 § 1, 1978)
8.08.020 Dry weeds – Nuisance.
Dry weeds in excess of six inches in height, growing or standing upon any property within the limits of the city are declared to be a nuisance, a fire hazard and a menace to property and to the public health, safety and general welfare of residents of the city. (Ord. 267 § 2, 1978)
8.08.030 Dry weeds – Maintenance unlawful.
It is unlawful for any person, firm or corporation, as owner or tenant in possession, either actual or constructive, to allow or permit any grass, dry weeds, or soil growth in excess of six inches in height to grow or remain upon any property within the corporate limits of the city after the same becomes dry, inflammable or combustible. (Ord. 267 § 3, 1978)
8.08.040 Dry weeds – Removal required.
Any person, firm or corporation in actual or constructive possession of any real property within the corporate limits of the city is required to remove any such growth from the land so occupied before or at the time that the same becomes dry, inflammable and or combustible and to remove from such lands the cuttings if the same are mown. (Ord. 267 § 4, 1978)
8.08.050 Dry weeds – Burning approval required – Fine.
The burning of dry or combustible weeds or grass upon any property within the city is expressly prohibited until and after the chief of the fire department has given approval and consent to the owner and any violation of this section shall subject the violator to a fine not in excess of $100.00 in the municipal court of the city. (Ord. 267 § 9, 1978)
8.08.060 Weed control funds.
Weed control funds which shall be paid voluntary, recovery fines and penalties shall be and become a part of the general fund (current expense) of the city. (Ord. 272, 1979; Ord. 267 § 8, 1978)
8.08.070 Violation – Person subject to penalty.
In the event of corporate ownership or tenancy, the officer of the corporation shall be individually subject to the penalties provided in this chapter. (Ord. 06-682 § 1, 2006; Ord. 267 § 5, 1978)
8.08.080 Violation – Penalty.
Each and every violation of any of the provisions of this article shall be a civil infraction. The failure or refusal to comply with any of the provisions of this article shall subject the offender to a fine of $200.00, together with costs of abatement as provided in this chapter and costs of prosecution; provided, however, that every day upon which any person, firm, or corporation shall allow such nuisance and hazardous condition as defined in this chapter to exist shall constitute a separate offense. (Ord. 06-682 § 1, 2006; Ord. 267 § 6, 1978)
Article II. Vegetation
8.08.100 Trees, plants and shrubs – Nuisance when.
Trees, plants, shrubs or vegetation or parts thereof which so overhang any sidewalk or street or alley, or which are growing thereon in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public are public nuisances. Grass and weeds which have grown to a height in excess of 12 inches, including but not limited to the weeds on the Asotin County noxious weed list, are declared a public nuisance. It is the duty of the owner of the property wherein or whereon any such nuisance exists to abate the nuisance by destroying, removing or trimming any such growth and removing or destroying any such debris. (Ord. 323 § 1, 1983)
8.08.110 Violation – Penalty – Notice to abate without penalty.
Each and every violation of any of the provisions of this article shall be a civil infraction. The failure or refusal to comply with any of the provisions of this article shall subject the offender to a fine of $200.00, together with costs of abatement as provided in this chapter and costs of prosecution; provided, however, that every day upon which any person, firm, or corporation shall allow such nuisance and hazardous condition as defined in this chapter to exist shall constitute a separate offense. Prior to citation issuing, the person in control of the premises shall be given a warning notice providing a three-day period to abate the nuisance without penalty. If the property in violation is not under local control, notice shall be sent to the last known address of owner and five days from date of mailing shall be allowed prior to issuance of citation. (Ord. 06-682 § 2, 2006; Ord. 323 § 2, 1983)
Article III. Abatement by City
8.08.120 Violation – Abatement.
In addition to citation for violation of this chapter issued to the person in control of the offending premises and penalty as provided in this chapter, upon resolution duly passed by the council that an existing nuisance as defined in this chapter endangers the health and/or public safety of the inhabitants of the city, such nuisance shall be abated forthwith at the cost of the person in control of the property involved. (Ord. 06-682 § 2, 2006; Ord. 323 § 3, 1983)
8.08.130 Violation – Abatement costs – Lien on property.
If the nuisance is not abated by removal or destruction by the property owner within the time fixed by AMC 8.08.040 or in the notice provided in AMC 8.08.110, the designated city employee may abate the same, and he shall render a bill covering the cost to the city of such abatement and mail the bill to the property owner. The cost of abatement shall consist of labor billed at an hourly rate set by resolution of the council, together with actual or reasonable costs for equipment, equipment use, hauling, composting, landfill fees, materials, or other consumable supplies generally attendant to such labor. If the property owner fails or refuses to pay the bill immediately, or if no bill is rendered because he cannot be found, the designated city employee 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. 06-682 § 2, 2006; Ord. 323 § 5, 1983)