Chapter 8.09
NOXIOUS WEEDS
Sections:
8.09.020 Owner to control noxious weeds.
8.09.030 Notice – Contents – Service.
8.09.040 Compliance – Required.
8.09.050 City forces authorized.
8.09.010 Definitions.
As used in this chapter, the following terms shall have the following meanings:
A. “Noxious weed” means a plant that, when established, is highly destructive, competitive, or difficult to control by horticultural or chemical practices, or any plant listed as a noxious weed on the State Noxious Weed List as defined by RCW 17.10.010(2), and Chapter 16-750 WAC.
B. “Owner” means any person or his agent owning and/or in actual control of real property in the city, whether as fee owner, tenant, or holder of other possessory interest.
C. “Person” means any individual, partnership, corporation, or other association, including municipal corporations, public utilities, private utilities, and governmental agencies. (Ord. 07-709 § 1, 2007)
8.09.020 Owner to control noxious weeds.
Owners shall take all necessary steps to prevent the growth and spread of any noxious weeds growing on their property within the city. (Ord. 07-709 § 1, 2007)
8.09.030 Notice – Contents – Service.
A. Whenever the city becomes aware that noxious weeds are present upon property within the city and that the owner is not taking sufficient steps to control the same, the city shall send a written notice to the owner as set forth herein.
B. The written notice shall contain the following:
1. The name of the noxious weeds growing on the property;
2. The location of the property;
3. The type of action necessary to control the noxious weeds;
4. The time within which such action must be completed. The time stated must be at least 10 days from the date of the notice;
5. Signed and dated by the mayor or designee.
C. The written notice shall be posted on the property and a copy sent by U.S. mail, postage prepaid, addressed to the owner at the address shown on the rolls of the county treasurer, and to the property address, if there is one. (Ord. 07-709 § 1, 2007)
8.09.040 Compliance – Required.
No owner shall fail or refuse to take the corrective action set forth on the written notice within the time limit set forth therein. (Ord. 07-709 § 1, 2007)
8.09.050 City forces authorized.
A. If the owner fails or refuses to take the corrective action set forth in the written notice within the specified time limit, corrective action may be taken by city forces.
B. In the event the corrective action is performed by city forces, the owner shall be liable for the full costs thereof, including fees for cost of service of the notice and for administrative overhead.
C. The remedy provided in this section shall be in addition to any other action authorized in this chapter or under state law, including institution of appropriate criminal and/or civil proceedings in courts of competent jurisdiction. (Ord. 07-709 § 1, 2007)
8.09.060 Penalty.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in AMC 1.12.010. (Ord. 07-709 § 1, 2007)