Chapter 12.44
OVERHANGING VEGETATION*
Sections:
12.44.010 Removal – Required when.
12.44.020 Removal – Notice required – City arborist authority.
12.44.030 Notice – Method of service.
12.44.040 Failure to remove – Hearing required – City council authority.
12.44.050 Removal – Costs become lien on property.
12.44.060 Lien for costs – Notice required.
12.44.070 Violations deemed nuisance.
* For statutory provisions regarding the power of cities to require the removal of overhanging or obstructing vegetation, see RCW 35.21.310; for provisions giving to code cities all of the powers of any city of any class, see RCW 35A.21.160.
12.44.010 Removal – Required when.
The owner of any property within the city shall remove all trees, plants, shrubs or vegetation, or any parts thereof, which overhang any sidewalk or street and which are situated on the property, in the planting strip, or on the portion of the street abutting thereon, in such manner as to obstruct or impair the free and full use of the sidewalk or street, including the interruption or interference with the clear vision of pedestrians or persons operating vehicles thereon, and including interference with traffic signs, poles, wires, pipes, fixtures or any other part of any public utility situated in the street. Such vegetation shall be removed or trimmed to maintain a minimum clearance of eight feet over sidewalks and fourteen feet over streets. The owner of any property shall remove all trees, plants, shrubs or vegetation, or any parts thereof, situated on the property, the planting strip, or the street abutting thereon which are a fire hazard or a menace to public health, safety or welfare. Removal of any tree within the public right-of-way requires a permit in accordance with Chapter 12.49. (Ord. 2017-45 § 20, 2017: Ord. 99-27 § 44, 1999: prior code § 6.78.010).
12.44.020 Removal – Notice required – City arborist authority.
Whenever in the opinion of the city arborist any trees, plants, shrubs or vegetation or parts thereof should be removed for any of the reasons set forth in Section 12.44.010, the arborist shall cause a notice in writing to be served on the owner of the property, in the manner hereinafter set forth. Such notice shall describe the property involved and the condition to be corrected and shall require that the owner cause the condition to be corrected within such period of time as shall be designated in the notice which shall in no event be less than five days. The notice shall further provide that if the condition is not corrected within the time specified, that after the termination of the period of time and on a date specified in such notice, a resolution will be presented to the city council to provide for the removal of trees, plants, shrubs, vegetation or parts thereof, and the cost of removal to become a charge against the owner and a lien against the property. (Ord. 2017-45 § 21, 2017: Ord. 99-27 § 45, 1999: prior code § 6.78.020).
12.44.030 Notice – Method of service.
The notice provided for in Section 12.44.020 shall be served upon the owner either personally, or by leaving it at the owner’s place of residence with a person of suitable age or discretion or by mailing it by certified mail with return receipt requested, or if service cannot be made by such methods, then by posting a copy of the notice in a conspicuous place on the premises involved and mailing a copy thereof to the owner at his last known place of residence, if any. (Ord. 99-27 § 46, 1999: prior code § 6.78.030).
12.44.040 Failure to remove – Hearing required – City council authority.
If the conditions described in the notice have not been corrected prior to the time specified therein, a resolution shall be presented to the city council on the date designated in the notice therefor, which resolution shall provide that the city arborist shall, after the date set therein, forthwith cause the removal of the vegetation, or any part thereof, as specified or complained of in the notice. Upon introduction of the resolution, the owner shall be entitled to be heard and to show cause, if any, why the vegetation or such part thereof should not be removed. The finding of the city council determining that the vegetation described in the notice is or is not a nuisance shall be conclusive. If the city council finds that it is a nuisance and the owner has appeared at the hearing thereon, the owner may in the discretion of the city council be given such additional time as may be specified by the city council to abate the nuisance. Nothing herein provided shall be construed to prohibit the joining together in the same resolution of various owners and/or parcels of property upon which are located trees, plants, shrubs or vegetation or parts thereof in violation of this chapter. (Ord. 2017-45 § 22, 2017: Ord. 99-27 § 47, 1999: prior code § 6.78.040).
12.44.050 Removal – Costs become lien on property.
Whenever, after authorization by resolution of the city council, any trees, plants, shrubs or vegetation, or parts thereof, are removed, the city arborist causing the removal thereof shall keep an accurate record of the necessary costs thereof and the costs shall become a charge against the owner and a lien against the property as authorized by RCW 35.21.310. (Ord. 2017-45 § 23, 2017: Ord. 99-27 § 48, 1999: prior code § 6.78.050).
12.44.060 Lien for costs – Notice required.
Notice of the lien herein authorized shall as nearly as practicable be in substantially the same form, filed with the same officer within the time and manner and enforced and foreclosed as is provided by law for liens for labor and material. (Prior code § 6.78.060).
12.44.070 Violations deemed nuisance.
Any violation of this chapter is defined as a public nuisance under Section 8.05.030, and shall be subject to the inspection, enforcement and penalty provisions set forth in Chapters 8.05 and 8.07. (Ord. 2017-45 § 24, 2017: prior code § 6.78.070).