Chapter 5.20


5.20.010    Definitions.

5.20.020    Prohibited conditions—Generally.

5.20.030    Prohibited conditions—Designated.

5.20.035    Agriculture.

5.20.040    Liability.

5.20.050    Abatement.

5.20.060    Violation—Infraction.

5.20.010 Definitions.

In this chapter, unless a different meaning is plainly required, the terms designated in this section will be defined as follows:

(a)    “Abate” means to do away with or nullify or put an end to.

(b)    “Continue” means not to remove or terminate.

(c)    “Owner” and “occupier” includes any natural person, corporation, or unincorporated association having by deed, contract, assignment, lease or by permission of the same the right to enjoy and use the premises, the right to dispose of the property or the person occupying or cultivating it.

(d)    “Weeds” include 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.

(e)    “Improved real property” means any real property which has been enhanced or upon which the value has been increased through the expenditure of labor or money. (Ord. 659 (part), 1982; Ord. 576 § 1, 1978).

5.20.020 Prohibited conditions—Generally.

It is unlawful for the owner or occupier of a lot, parcel or tract of land within the city limits to make, continue, allow or cause to be made, continued or allowed on the premises, a fire hazard, an unsanitary condition or other condition injurious to the public health by vegetation, rubbish or other debris. It is not permitted to create or maintain of any condition or situation where the soil has been disrupted, disturbed, or destabilized so as to allow blowing dust to exist. (Ord. 1130 § 1 (part), 2002; Ord. 576 § 2, 1978).

5.20.030 Prohibited conditions—Designated.

The following conditions, among others, are in violation of this chapter, but said enumeration shall not be exclusive:

(a)    Grass or weeds growing or which have grown and died exceeding the height of twelve inches;

(b)    Trees, plants, shrubs or vegetation of any kind or parts thereof which overhang on 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;

(c)    The presence of a substantial amount of paper, rubbish or other debris on, over or entangled in vegetation on the premises;

(d)    The presence of noxious weeds not controlled in accordance with RCW 17.10.140. Noxious weeds are listed in WAC 16-750-005, 16-750-011, and 16-750-015. The uncontrolled presence of noxious weeds is prohibited, whether dead or alive, even if they are less than twelve inches in height. (Ord. 1475 § 1, 2016: Ord. 576 § 3, 1978).

5.20.035 Agriculture.

Any parcel, lot or tract of real property which is currently being used for agriculture production or primarily supports sagebrush and other desirable grasses, shall not be in violation of this chapter. (Ord. 1130 § 1 (part), 2002; Ord. 659 § 4, 1982: Ord. 576 (part), 1978).

5.20.040 Liability.

(a)    A corporation is in violation of this chapter when the conduct constituting the offense is engaged in, authorized, requested, commanded, or tolerated by the board of directors, or by an officer or director of the corporation acting within the scope of his employment and on behalf of the corporation.

(b)    A person is criminally liable for conduct constituting a violation of this chapter which he performs or causes to be performed in the name of or on behalf of the corporation to the same extent as if such conduct were performed in his own name or behalf. (Ord. 576 § 4, 1978).

5.20.050 Abatement.

As additional remedies, the violation of any provision of this chapter is a nuisance and may be subject to abatement pursuant to Chapter 1.20 et seq. (Ord. 1465 § 3, 2016: Ord. 576 § 6, 1978).

5.20.060 Violation—Infraction.

Any person violating any of the provisions of this chapter is guilty of an infraction and upon conviction thereof shall be penalized in an amount no lower than one hundred dollars but not exceeding two hundred fifty dollars. Each such infraction committed or permitted to continue seven days following the issuance date of a citation or complaint therefor shall constitute a separate infraction and shall be punished as an infraction under this section. (Ord. 670 § 1, 1983: Ord. 576 § 5, 1978).