Chapter 7.28
WEEDS
Sections:
7.28.020 Public nuisance declared.
7.28.030 Maintenance prohibited.
7.28.040 Successive property owners.
7.28.010 Statutory authority.
This chapter is enacted pursuant to the authority granted by Chapter 7, Laws of Washington, 1965, RCW 35.24.230, and by Chapter 7, Laws of Washington, 1965, as amended by Chapter 315, Laws of Washington, 1977, RCW 35.24.290(12), and outlined in RCW 35.21.310. (Ord. 1073 § 1, 2013; Ord. 559 § 11, 1982).
7.28.020 Public nuisance declared.
Vegetation which includes, but is not limited to, grass and weeds over 12 inches in height, or shrubs, bushes, vines or trees growing or which have grown and died, upon any property, which is liable to be fired and is determined to be a fire hazard or a menace to public health, safety or welfare, as provided for in this chapter, is a public nuisance. (Ord. 559 § 4, 1982).
7.28.030 Maintenance prohibited.
It is unlawful for any person to erect, contrive, cause, continue or maintain a nuisance as defined or prohibited in this chapter. (Ord. 559 § 2, 1982).
7.28.040 Successive property owners.
Every successive owner of property who refuses, fails or neglects to abate a continuing nuisance upon or in the use of such property caused by a former owner is liable therefor in the same manner as the former owner who created it. (Ord. 559 § 3, 1982).
7.28.050 Enforcement.
The city fire chief with the assistance of the city maintenance superintendent shall enforce this chapter. If any property owner fails or refuses to abate any such nuisance as contemplated in DMC 7.28.020, the city council may, after report filed by the city fire chief, by resolution, require such property owner, in addition or alternatively to the penalty described in DMC 1.04.010, to abate the nuisance by removal or destruction at his cost and expense within a time specified in the resolution. If removal or destruction is not made by such owner within the time specified, the city’s maintenance superintendent may abate the same as provided in DMC 7.28.070. (Ord. 1073 § 1, 2013; Ord. 997 § 1, 2007; Ord. 559 § 5, 1982).
7.28.060 Notice to remove.
The resolution mentioned in DMC 7.28.050 shall not be passed until the property owner is given at least seven calendar days’ notice of the pendency of the proposed resolution. The notice shall be given by the city fire chief by mailing a copy of the notice to the owner as shown upon the records of the county treasurer, and at the address shown thereon. If no owner or address is shown on such records, a copy of the notice shall be posted upon the property. That notice shall describe the property involved, and the nature of the conditions constituting the nuisance, in the same language as that contained in the proposed resolution. The mailing or posting shall be made at least seven calendar days before the resolution is adopted and proof shall be made by affidavit of the city fire chief, filed with the city clerk-treasurer. (Ord. 1073 § 1, 2013; Ord. 997 § 1, 2007; Ord. 559 § 6, 1982).
7.28.070 Abatement by city.
If the nuisance is not abated by removal or destruction by the property owner within the time fixed in the resolution, the city maintenance superintendent may abate the same by either contract or by city staff depending on time and availability of staff. He shall render a bill covering the actual costs to the city of such abatement, including the city superintendent’s expenses and any surcharges and administrative fees, and mail the bill to the property owner. If the property owner fails or refuses to pay the bill within 20 days from date of postmark, or if no bill is rendered because the property owner cannot be found, the city superintendent in the name of the city may file a lien therefor against said property, which lien shall be in substantially the same form, filed with the same officer, and within the same time and manner, and be enforced and foreclosed as provided by law for liens for labor, materials and interest under Chapter 60.04 RCW. (Ord. 1073 § 1, 2013; Ord. 997 § 1, 2007; Ord. 559 § 7, 1982).
7.28.080 Violation – Penalty.
In addition to remedies provided in this chapter, any person found guilty of violating this chapter shall be punished pursuant to the provisions of DMC Title 19. (Ord. 1143 § 1, 2019; Ord. 559 § 10, 1982).