Chapter 12.40
ALLEY CARE

Sections:

12.40.010    Alleys required to be free of accumulations of matter.

12.40.020    Private use of alleys.

12.40.030    Violation – Penalty.

12.40.040    Removal of accumulations by city – Assessment of costs.

12.40.050    Removal of unauthorized vehicles, redemption rights and hearing procedures.

12.40.010 Alleys required to be free of accumulations of matter.

Every owner or occupant of any house or other building, and the owner or proprietor, lessee, or person entitled to the possession of any vacant lot or block within the corporate limits of the town shall keep the alley adjacent to the house, building, church, public hall or public building and the premises on which the same are located, or such vacant lot or block, free from accumulation of any and all obstructions, including, but not limited to, dirt, trash, weeds, parked vehicles, abandoned or junk vehicles as defined in WMC 10.28.030, vegetation, either alive or dead, appliances, firewood, recreational vehicles, and garbage, refuse, rubbish or swill as defined in WMC 8.04.030 whenever necessary and when same tend to obstruct or render difficult the safe and convenient use of said alley by the public. (Ord. 653 § 1, 2005).

12.40.020 Private use of alleys.

Every owner or occupant of any house or other building, and the owner or proprietor, lessee, or person entitled to the possession of any vacant lot or block within the corporate limits of the town shall keep the alley adjacent to the house, building, church, public hall or public building and the premises on which the same are located, or such vacant lot or block, free from obstructions and at no time will the private use of the alley prevent access to other private or commercial property and at no time will the alley be used as a parking area for vehicles or equipment. Exempted from this prohibition are emergency vehicles or construction equipment performing maintenance, repair or construction. (Ord. 653 § 1, 2005).

12.40.030 Violation – Penalty.

Every person mentioned in WMC 12.40.010 who permits an unauthorized accumulation for more than 36 hours after the same shall have accumulated on said alley, or every person mentioned in WMC 12.40.010 who causes an obstruction or encroachment on public alleys preventing public use, shall, upon conviction, be punishable by a fine of $50.00 for the first offense, $100.00 for a second offense, and $200.00 for each subsequent offense. (Ord. 653 § 1, 2005).

12.40.040 Removal of accumulations by city – Assessment of costs.

Whenever any person shall neglect or refuse to comply with this chapter, the town may after five days’ prior notice to owner require the owner to remove such obstruction from said alley. If said removal is not made by owner after five days’ notice, the town may cause the matter to be removed from the alley and shall report the same, together with verified vouchers of the cost of said removal, to the clerk/treasurer of the town and to the town council. The town clerk/treasurer shall thereupon give notice of the amount of such cost to such person or his agent, with demand of payment within 10 days after delivery of such notice, which notice shall be served by delivering a copy thereof to such person or his agent or the owner or reputed owner of any such lot or block or building, or by leaving a copy thereof at the usual place of abode of such person in the town with a person of suitable age and discretion residing therein, or in case such person is a nonresident of the town and his place of residence is known, a copy of such notice shall be mailed to such owner addressed to his last known place of residence, or in case the place of residence of such person is unknown then such notice shall be served by publication in two weekly issues of a newspaper of general circulation and published within the town. Said notice shall also state that if payment is not made according to demand that said costs, together with all costs of proceedings, will be charged and assessed against the property involved as a lien, and that the property will be subject to sale therefor. In case payment is not made in the time and according to the demand, the council shall assess said costs and the costs of said proceedings against the property affected hereby in the manner provided by RCW 35.21.310, and the costs of removing said accumulation and the costs of proceedings shall be a lien on said property, which shall be collected and enforced as provided by said statute. (Ord. 653 § 1, 2005).

12.40.050 Removal of unauthorized vehicles, redemption rights and hearing procedures.

The provisions of RCW 46.55.070 through 46.55.140, inclusive, pertaining to impounding unauthorized vehicles, redemption rights, and hearing procedures are hereby adopted by reference, and incorporated herein and made part of the Waterville Municipal Code as if fully set forth. (Ord. 653 § 1, 2005).