Chapter 8.08
WEED CONTROL

Sections:

8.08.010    Undesirable growth prohibited.

8.08.020    Repealed.

8.08.030    Exemptions to chapter applicability.

8.08.040    Violations – Duties of owners and occupants.

8.08.050    Duty to enforce.

8.08.060    —

8.08.115    Repealed.

8.08.120    Civil penalty.

8.08.140    Repealed.

8.08.010 Undesirable growth prohibited.

A. Vegetation left uncut and/or in an unkempt stage may cause safety hazards, fire hazards, and/or pest harborages, and may interfere with, annoy, injure or endanger the comfort, repose, health or safety of others, or unlawfully interfere with, obstruct or tend to obstruct, or render dangerous for passage, street or highway; or in any way render other persons insecure in life, or in the use and enjoyment of property, thus constituting a public nuisance. The following conditions are hereby declared to be nuisances within the city of Burlington:

1. Vegetation, or parts thereof, which obscures or conceals any traffic control sign, signals or other device so as to interfere with the full and effective use and visibility of the same to the motoring or pedestrian public;

2. Vegetation, or parts thereof, which obscures the visibility of the motoring or pedestrian public as such persons approach a street intersection for a distance of greater than 50 feet in any direction from the intersecting existing rights-of-way lines upon which the property abuts;

3. Overhanging limbs, branches, or other vegetation that are less than eight feet above a public walkway or sidewalk, or less than 14 feet above a public street;

4. Grass, weeds, bushes, trees or vegetation which has died and which constitutes a fire hazard or a harborage for rats, vermin, and/or pests;

5. A dead, diseased, infested or dying tree or trees that constitute a danger to health or safety;

6. Any vines or climbing plants growing into or over utility pole or transformer, or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof or impair access thereto;

7. Grass, weeds, or other similar vegetation, exclusive of flowers or plants within a flower bed or container, trees and shrubs, exceeding an average height of 12 inches; and

8. Any poison oak or poison ivy, Russian thistle or other noxious weeds, whether growing or otherwise; however nothing in this chapter shall prevent the temporary retention of such weeds in approved covered receptacles.

B. Notwithstanding subsection (A)(7) of this section, any parcel of land or contiguous segregated parcels of land which, when combined, represents an area larger than one acre in size, may comply with these requirements by providing a firebreak along that portion of the perimeter of the parcel which abuts developed property or an improved street. The firebreak shall be a minimum of 20 feet in width, within which all weeds and vegetation, except established trees, shall not exceed 12 inches in height measured above the ground. (Ord. 1761 § 1, 2012; Ord. 1626 § 1, 2007; Ord. 1321 § 1, 1996; Ord. 533 § 1, 1955).

8.08.020 Removal – City to perform work when – Costs.

Repealed by Ord. 1321. (Ord. 533 § 2, 1955).

8.08.030 Exemptions to chapter applicability.

This chapter shall not apply to any property in the city which is characterized as a wetland, critical area, or natural resource lands designated or to be designated for protection under the Burlington Municipal Code pursuant to the Growth Management Act, chapter 36.70A RCW. (Ord. 1761 § 3, 2012; Ord. 533 § 3, 1955).

8.08.040 Violations – Duties of owners and occupants.

It is the duty of the owner of property and of any occupant of the property wherein or whereon any nuisance exists to abate the nuisance by destroying, removing or trimming vegetation, and removing or destroying any health, safety or fire hazard, and removing all shrubs, bushes, trees or vegetation growing or which has grown and died which is a fire hazard or is infested with caterpillars or other horticultural pests, or which otherwise constitutes a menace to the public health, safety or welfare. (Ord. 1761 § 4, 2012; Ord. 1321 § 3, 1996).

8.08.050 Duty to enforce.

A. The planning director shall enforce this chapter. The planning director or the planning director’s duly authorized representative may call upon the police, fire, health or other appropriate city departments to assist in enforcement.

B. Upon presentation of proper credentials, the planning director or duly authorized representative may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued warrant, enter any building or premises subject to the consent or warrant to perform the duties imposed by this chapter.

C. This chapter shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.

D. It is the intent of the Burlington city council to place the obligation of complying with the requirements of this chapter upon the owner and/or occupant of the land and buildings subject to the provisions of this chapter.

E. No provisions of or term used in this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in civil action.

F. It is unlawful for any person to create, maintain, carry on or do any of the acts or things declared by this chapter to be a public nuisance. (Ord. 1761 § 5, 2012; Ord. 1321 § 4, 1996).

8.08.060 Investigation and notice of violation.

Repealed by Ord. 1761. (Ord. 1321 § 5, 1996).

8.08.070 Time to comply.

Repealed by Ord. 1761. (Ord. 1321 § 6, 1996).

8.08.080 Extension of compliance date.

Repealed by Ord. 1761. (Ord. 1321 § 7, 1996).

8.08.100 Emergency order.

Repealed by Ord. 1761. (Ord. 1321 § 8, 1996).

8.08.110 Summary abatement.

Repealed by Ord. 1761. (Ord. 1321 § 9, 1996).

8.08.115 Abatement by owner or other responsible person.

Repealed by Ord. 1761. (Ord. 1321 § 10, 1996).

8.08.120 Civil penalty.

Violation of or failure to comply with any of the provisions of this chapter shall be subject to a civil penalty as set forth in chapter 1.34 BMC. Each day shall constitute a separate violation. (Ord. 1761 § 13, 2012; Ord. 1321 § 11, 1996).

8.08.140 Additional relief.

Repealed by Ord. 1761. (Ord. 1321 § 12, 1996).