Chapter 8.04
WEED CONTROL
Sections:
8.04.010 Removal of vegetation obstructing street or sidewalk.
8.04.020 Removal of hazardous vegetation.
8.04.040 Removal by city – Costs – Lien.
8.04.110 Nuisance abatement – Required.
8.04.120 Nuisance abatement – Notice to property owner of need to abate nuisance.
8.04.130 Nuisance abatement – Enforcement by resolution.
8.04.140 Nuisance abatement – Action by city – Costs to become lien on property.
Code reviser’s note: PMC 8.04.110 – 8.04.140, were adopted without reference to PMC 8.04.010 – 8.04.060. These sections expand and clarify the PMC 8.04.010 – 8.04.060, but did not repeal them, thus the previous sections remain.
8.04.010 Removal of vegetation obstructing street or sidewalk.
The city may require the owner of any property therein to remove or destroy all trees, plants, shrubs, or vegetation or parts thereof which overhang any sidewalk or street, or which grow thereon in such manner as to obstruct or impair the full and free use of the sidewalk or street by the public. (Ord. 496 §1, 1964).
8.04.020 Removal of hazardous vegetation.
The city may require the owner of any property therein to remove or destroy all grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died upon property owned or occupied by them and which are a fire hazard or a menace to the public health, safety or welfare. (Ord. 496 §2, 1964).
8.04.030 Notice procedure.
Proceedings which carry out PMC 8.04.010 and 8.04.020, shall be initiated by a resolution of the city council, adopted after not less than five days’ notice to the owner, which shall describe the property involved and the hazardous condition and require the owner to make such removal or destruction after notice is given as required herein. (Ord. 496 §3, 1964).
8.04.040 Removal by city – Costs – Lien.
If such removal or destruction is not made by the owner after notice as hereinbefore set forth, the city will cause a removal or destruction thereof and shall provide that the costs to the city shall become a charge against the owner of the property and a lien against the property. (Ord. 496 §4, 1964).
8.04.050 Lien notice.
Notice of the lien herein authorized shall as nearly as practicable be in substantially the same form, filed with the same office, within the same time and manner, and enforced and foreclosed, as is provided by law for liens for labor and material. (Ord. 496 §5, 1964).
8.04.060 Chapter authority.
The ordinance codified in this chapter is passed under the authority of and pursuant to RCW 35.21.310. (Ord. 496 §6, 1964).
8.04.110 Nuisance abatement – Required.
Trees, plants, shrubs, or vegetation or parts thereof which so overhang any 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, or which cause damage to the sidewalk or street, or which damage city sewer or water lines contained within the street or street right-of-way are public nuisances. Grass, weeds, shrubs, bushes, trees or vegetation growing or which have grown and died, and debris upon any property and which are a fire hazard or a menace to public health, safety or welfare, are likewise public nuisances. It is the duty of the owner of the property upon which any such nuisances exist to abate the nuisance by destroying, removing, or trimming any such growth, and removing any such debris. For the purpose of this chapter, the owner of property abutting upon a dedicated street or sidewalk shall be deemed the owner of that portion of such street or sidewalk to which he holds the ultimate title, even though subject to the easement and rights of the city under the dedication. (Ord. 852 §1, 2011; Ord. 673 §1, 1990).
8.04.120 Nuisance abatement – Notice to property owner of need to abate nuisance.
Upon becoming aware of such nuisance, the designated code officer shall give notice to the property owner that said nuisance needs to be removed and/or destroyed. (Ord. 852 §1, 2011; Ord. 673 §2, 1990).
8.04.130 Nuisance abatement – Enforcement by resolution.
If any property owner fails or refuses to abate any such nuisance within ten days after notice by the designated code officer, the city council may, after report filed by the designated code officer, by resolution require such property owner to abate the nuisance by removal or destruction at his cost and expense within a time specified by the resolution.
The resolution shall describe the property involved and the nuisance condition, and shall require the owner to make such removal or destruction as required, and shall specify the time limits for compliance.
Notice of the resolution shall be given by mailing by certified mail a copy of the resolution to the owner as shown upon the records of the county treasurer and at the address shown thereon; and, if no owner and address are shown on such records, a copy of the notice shall be posted upon the property, and shall also be published in one issue of the official newspaper. (Ord. 852 §1, 2011; Ord. 673 §3, 1990).
8.04.140 Nuisance abatement – Action by city – Costs to become lien on property.
If the nuisance is not abated by removal or destruction by the property owner within the time fixed in the resolution, the designated code officer may abate the same and he shall render a bill covering the city’s cost of such abatement, including the designated code officer expense, and mail the bill to the property owner. If the property owner fails or refuses to pay the bill immediately, or if no bill is rendered because the property owner cannot be found, the city may file a lien therefore against said property, which lien shall be filed in the manner as provided for by law. (Ord. 852 §1, 2011; Ord. 673 §4, 1990).