Chapter 12.20
RIGHT-OF-WAY CLEANUP
Sections:
12.20.020 Failure to perform work.
12.20.010 Cleanup required.
All site developers, contractors and utility companies or others operating within the city shall maintain and clean all debris and surplus material from the public right-of-way during construction. Upon completion of the project the developers, contractors, companies or others shall clean all such debris from the street and shall restore the ground to its original or better condition than when construction began. (Ord. 924 § 1, 1983).
12.20.020 Failure to perform work.
A. Upon the failure of the developers, contractors, utility companies or others to clean up as required, a notice of the failure shall be issued by the clerk.
B. In the event the public right-of-way has not been so cleared and restored within a maximum time of two days from the date of the issuance of the notice, the city shall proceed to do the necessary work and the developer, contractor, utility company or others failing to clean up as required shall be billed for the cleanup and restoration expense. The bill shall include labor, equipment, materials, and/or other expenses involved.
C. Failure to pay the bill will affect future approval of the developer, contractor, utility company, or others to do work in the city. (Ord. 924 § 2, 1983).
12.20.030 Overhanging or obstructing vegetation or debris – Notice – Charge and lien where city takes corrective action.
A. Determination of Condition Requiring Correction. Upon council referral or upon his/her owner initiative, the public works director or designee shall have the authority to document in writing and refer to the city council for council action the following conditions:
1. Any condition where trees, plants, shrubs or vegetation or parts thereof which overhang any public right-of-way, street or sidewalk, or which are growing thereon in such a manner as to obstruct or impair the free and full use of the right-of-way, street or sidewalk by the public, including the reasonable use of such areas unimpaired by obstruction to vision where the obstruction is in violation of the provisions of any state, federal or local law or regulation.
2. Any condition where the right-of-way, street or sidewalk has upon it grass, weeds, shrubs, bushes, hedges, trees or vegetation, growing or dead, which are a fire hazard or menace to public health, safety, or welfare.
3. The public works director/designee shall document the condition requiring correction in a report to the city council which report shall include a description of the condition(s) with optional photographic or diagrammatic depiction; a conclusion as to the effect of the condition(s) on the free and unobstructed use of the right-of-way, street or sidewalk; the specific recommended remedial action for the property owner to take; and the name(s) and address(es) of the affected property owners.
B. Council Action. Upon receipt of the report and recommendation from the public works director/designee, the city council shall determine whether or not to initiate notice and enforcement action. If the council elects to consider enforcement action, it shall first give notice to the affected property owner(s) that it will consider adoption of a resolution authorizing the public works director/designee to initiate the enforcement actions specified in the director’s/designee’s report at a specific meeting, the date of which shall be not less than five days from notice to the owner(s). Notice shall be considered completed as follows: the date the owner is personally served; or eight days after mailing notice to any owner whose last known residential address is in the state of Washington; or 10 days after mailing notice to any owner whose last known address is outside the state of Washington. Notice by mail shall be by certified or registered mail. The owner’s last known address shall be the address listed with the county assessor’s office unless the owner has provided a different current address to the city or the city has independent knowledge of a different current address for the owner.
C. The notice provisions set forth above at subsection B shall include a provision informing the owner(s) that if the condition is not corrected, as required by a date specified, which date shall be no less than 15 days from the date of the notice of in-state owners and no less than 20 days for out-of-state owners, that the city, through the public works director/designee, may elect, without further notice to the owner, to correct the condition with the option of charging the owner for the reasonable costs and expenses incurred by the city. Reasonable costs and expenses shall include the costs of any of the city’s labor and materials, including overhead. If the city elects to obtain a survey of the right-of-way area, all or part of the costs of said survey may be charged to the owner; provided, that the conditions requiring remediation are determined to be on or over the right-of-way, including any visual obstruction of the right-of-way. The total of said costs and expenses shall become a charge against the owner of the property and may be secured by a lien against the property. Where title to the property is held by more than one owner, the city may, in its discretion, elect to seek correction and cost recovery from all or any of the title owners.
D. Notice of the lien provided for herein shall conform substantially and as relevant to the lien notice and filing provision of Chapter 60.04 RCW including RCW 60.04.031, 60.04.051 and 60.04.061. (Ord. 1282 § 1, 1995).