Chapter 5.16
VEGETATION CONTROL
Sections:
5.16.010 Authority of chapter.
5.16.020 Nuisance when—Owner’s duty to abate.
5.16.040 Abatement by city—Resolution of council.
5.16.050 Abatement by city—Notice to owner.
5.16.060 Abatement by city—Cost to owner.
5.16.010 Authority of chapter.
This chapter is enacted pursuant to the authority granted by Chapter 113, Laws of Washington, 1949. (Ord. 742 § 6, 1976)
5.16.015 Prohibited conduct.
It shall be unlawful for any person(s) to create, permit, maintain, suffer, carry on or allow, upon their premises, any of the acts or things declared by this chapter to be a public nuisance. (Ord. 1307 § 1, 2000)
5.16.020 Nuisance when—Owner’s duty to abate.
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 are public nuisances. All grass and/or weeds which exceed twelve inches in height or length in a nonagricultural use are public nuisances. Premises overgrown with blackberry vines are public nuisances. Grass, weeds, shrubs, bushes, or trees or vegetation growing or which have grown and died upon any property and are a fire hazard or are a menace to public health, safety or welfare are likewise public nuisances. It is the duty of the owner of the property wherein or whereon any such nuisances exist to abate the nuisance by destroying, removing or trimming the growth. (Ord. 1307 § 2, 2000: Ord. 742 § 1, 1976)
5.16.025 Enforcement officer.
Unless the context otherwise indicates, the words “enforcement officer” as used in this chapter shall mean the city utility superintendent, the city police chief or other city employee designated by the mayor. (Ord. 1307 § 3, 2000)
5.16.031 Violation—Penalty.
In addition to the cost of abatement, any persons violating any portions of this chapter shall be deemed to have committed a civil infraction and shall be fined not less than two hundred fifty dollars nor more than one thousand dollars per violation.
Every person violating this chapter three or more times within a five-year period shall be guilty of a gross misdemeanor and accordingly punished as such.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1307 § 4, 2000)
5.16.040 Abatement by city—Resolution of council.
The enforcement officer shall enforce this chapter; and if any property owner fails or refuses to abate any such nuisances as contemplated by Section 5.16.020, the city council may, after report filed by the enforcement officer, by resolution require such property owner, in addition or alternative to the penalties prescribed by Section 5.16.031, to abate the nuisance by removal or destruction, at his cost and expense within a time specified in the resolution, and if the removal or destruction is not made by such owner within the specified time, the enforcement officer may abate the same as provide in this chapter. (Ord. 1307 § 5, 2000: Ord. 742 § 3, 1976)
5.16.050 Abatement by city—Notice to owner.
The resolution mentioned in Section 5.16.040 shall not be passed until the property owner is given at least ten days’ notice of the pendency of the proposed resolution. Such notice shall be given by the enforcement officer by mailing a copy of the notice to the owner as shown upon the records of the county treasurer and at the address shown thereof, and if no owner and address is 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. The mailing, posting and publication shall be made at least ten days before the resolution is adopted and proof shall be made by affidavit of the enforcement officer filed with the city clerk-treasurer. The notice shall include the resolution number and both shall describe the property involved and the nature of the condition constituting the nuisance. (Ord. 1307 § 6, 2000: Ord. 742 § 4, 1976)
5.16.060 Abatement by city—Cost to owner.
If the nuisance is not abated by removal or destruction by the property owner within the time fixed in the resolution, the city council shall direct the city utility superintendent to abate the same and the city utility superintendent shall render a bill covering the cost to the city of such abatement, which bill shall be paid by the property owner. (Ord. 1307 § 7, 2000: Ord. 742 § 5, 1976)