Chapter 8.15
REMOVAL OF OBSTRUCTING, OVERHANGING, DEAD OR HAZARDOUS VEGETATION AND DEBRIS

Sections:

8.15.010    Purpose – Authority.

8.15.015    Definitions.

8.15.020    Landowner responsibility for removing and destroying obstructing, overhanging, dead or hazardous vegetation and debris.

8.15.030    Proceedings – Resolution.

8.15.040    Completion of work by city.

8.15.050    Cost recovery – Lien.

8.15.060    Remedies nonexclusive.

8.15.010 Purpose – Authority.

The provisions of this chapter are enacted pursuant to RCW 35.21.310 and other applicable state laws. The purpose of this chapter is to ensure that the condition and location of trees, shrubs and other vegetation or debris do not obstruct or impair the use of public streets or sidewalks by members of the public, or otherwise pose a hazard to the public health, safety or welfare. It is the further purpose and intent of this chapter that landowners should bear the primary responsibility for and cost of maintaining their own property, including without limitation all trees and vegetation growing thereupon, in a properly confined, compliant and nonhazardous manner. The provisions of this chapter shall be liberally construed in furtherance of said purposes and in accordance with RCW 35.21.310. (Ord. 1519 § 1 (Exh. A) (part), 2016).

8.15.015 Definitions.

Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter:

A. “Costs” means the costs incurred by the city enforcing an enforced code, including, without limitation, the issuance of a notice or order; the service of a notice or order; the enforcement of a notice or order; inspections to whether a violation exists and/or has been corrected; or abating a violation, all including costs of independent contractors and attorneys’ fees.

B. “Fire hazard” means materials which are dry and combustible, including but not limited to weeds, grass or clippings, dead bushes or trees or their parts, wood and other combustible materials.

C. “Landowner” means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including tenants, the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court, as well as a bankruptcy trustee.

D. “Weeds” includes but is not limited to any noxious plant which has been determined by the State Noxious Weed Control Board to be injurious to crops, livestock or other property and which is included for purpose of control on Chelan County’s noxious weed list; or thistles, nettles or other plants that are a nuisance, hazard, tend to overgrow or choke out more desirable plants, or cause injury to man, animal or a desired crop, flower, garden plant or lawn cover. (Ord. 1519 § 1 (Exh. A) (part), 2016).

8.15.020 Landowner responsibility for removing and destroying obstructing, overhanging, dead or hazardous vegetation and debris.

All landowners within the city shall maintain their property in a manner that does not pose a hazard to the public health, safety or welfare. Without prejudice to the foregoing, landowners shall be responsible for the following:

A. Removing or destroying all trees, plants, shrubs or vegetation, or parts thereof, located upon their property which overhang any public sidewalk or street 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.

B. Removing or destroying all grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died located upon their property which constitutes a fire hazard or a menace to public health, safety or welfare.

C. Removing or destroying all debris located upon their property which constitutes a fire hazard or a menace to public health, safety or welfare. (Ord. 1519 § 1 (Exh. A) (part), 2016).

8.15.030 Proceedings – Resolution.

Whenever a condition violating Section 8.15.020 exists upon property located within the city, the city council may initiate proceedings against the landowner by resolution, passage of which shall not occur until at least five days’ written notice has been provided to the landowner. The resolution shall describe the subject property and the hazardous condition(s), and shall require the landowner to remove or destroy the same by the deadline established therein, which shall be no less than ten days from the date of passage of the resolution. A copy of the resolution shall be provided to the landowner following passage. (Ord. 1519 § 1 (Exh. A) (part), 2016).

8.15.040 Completion of work by city.

If the landowner fails to remove or destroy the dangerous condition(s) identified in the city council resolution by the deadline established thereby, the city may cause the removal or destruction of such condition(s). (Ord. 1519 § 1 (Exh. A) (part), 2016).

8.15.050 Cost recovery – Lien.

The costs incurred by the city under this chapter shall become a charge to the landowner and a lien against the subject property. Notice of such lien shall be in substantially the same form, filed with the same officer, and within the same time and manner, and enforced and foreclosed as provided by law for liens for labor and materials. (Ord. 1519 § 1 (Exh. A) (part), 2016).

8.15.060 Remedies nonexclusive.

The provisions of this chapter are nonexclusive, cumulative, and without prejudice to any other remedy, penalty and/or procedure available to the city with respect to this subject matter. (Ord. 1519 § 1 (Exh. A) (part), 2016).