Chapter 8.20
OBNOXIOUS VEGETATION/FIRE HAZARD
Sections:
8.20.010 Brush, grass, and weed control.
8.20.020 Notice to cut and service.
8.20.030 Noncompliance and authority for work to be done.
8.20.040 Cost of work and assessment.
8.20.050 Notice of intent to lien.
8.20.060 Declaration of correctness of lien.
8.20.010 Brush, grass, and weed control.
The owner, occupant, or possessor of each lot or parcel of land within the city shall during the months of May, June, July, August and September of each year cut and remove, and keep cut and removed, all noxious vegetation from (A) the owner, occupant, or possessor’s lot or parcel, (B) any sidewalks abutting the owner’s, occupant’s, or possessor’s lot or parcel, and (C) any street abutting the owner’s, occupant’s, or possessor’s lot or parcel (up to the middle point of the street on the side of the street closest to the lot or parcel). Notwithstanding the foregoing, the code compliance officer may require cutting and removal of noxious vegetation at any time of the year as necessary to control noxious vegetation growth that may be deemed a fire hazard or a nuisance. Owners, occupants, or possessors of large parcels of fallow land within the city will be required to cut or till a fire break of at least 30 feet along property lines as approved by the code compliance officer. For purposes of this section, noxious vegetation includes the following: weeds listed under any weed category in the Oregon State Noxious Weed List maintained by the Oregon State Weed Board that are more than 10 inches in height; burdock, thistle, brush, grasses, and ferns that are more than 10 inches in height; and any vegetation more than 10 inches in height that is a fire hazard including dead or dying trees, dead bushes, stumps, or any other combustible material likely to cause a fire. Noxious vegetation does not include agricultural crops unless such crops are deemed a fire hazard. [Ord. 2918 § 2 (Exh. A), 2023.]
Penalty: Violation of this section is punishable as a Class 4 civil violation. See NMC 1.05.200.
8.20.020 Notice to cut and service.
If the owner, occupant, or possessor of any lot or parcel of land within the city shall fail to cut and remove any noxious vegetation as required in NMC 8.20.010, the code compliance officer or the code compliance officer’s representative shall have cause to give notice to said person, firm, or corporation to cut and remove such noxious vegetation within five days or the city may, after the fifth day, issue a citation of up to $100.00 per day as long as the violation exists. If said noxious vegetation is not cut and removed and compliance not gained within 10 days of the notice, the city may cause the same to be done and charge the cost of the removal as a lien against the property. Such notice shall be served upon such owner, occupant, or possessor by mailing such notice by certified mail to the last known address of such owner, occupant, or possessor as shown by the records of the Yamhill County tax assessor’s office. In lieu of mailing notice to said owner, occupant, or possessor, the city may serve such notice upon said owner, occupant, or possessor. In the event the said owner, occupant, or possessor cannot be located or refuses service of said certified mail, such notice shall be posted in a conspicuous place upon said premises and a copy of the notice mailed to the last known address of the owner, occupant, or possessor. [Ord. 2918 § 2 (Exh. A), 2023.]
8.20.030 Noncompliance and authority for work to be done.
If the owner, occupant, or possessor of a lot or parcel of land within the city shall fail or neglect to cut noxious vegetation within 10 days of the notice described in NMC 8.20.020, the code compliance officer may go upon such lots or parcels of land, with such assistance as the code compliance officer may deem necessary, and destroy and eradicate said noxious vegetation in such manner as shall be most effective in the code compliance officer’s judgment. [Ord. 2918 § 2 (Exh. A), 2023.]
8.20.040 Cost of work and assessment.
Upon completion of the work described in NMC 8.20.030, the code compliance officer shall file with the finance department an itemized statement of the cost of the work, plus 25 percent to cover the expense of the inspection, overhead and enforcement of this chapter, and the posting or service of the notice described in NMC 8.20.020; but the minimum charge for any lot or parcel of land shall be $50.00. [Ord. 2918 § 2 (Exh. A), 2023.]
8.20.050 Notice of intent to lien.
The city council, after receiving an itemized statement, shall notify the property owner by certified mail of its intent to declare the correctness of said statement and create a lien upon the property involved to be enforceable against said property in the same manner as provided for the enforcement of liens for street improvements. Said notice to property owner shall be sent not later than 10 days prior to the matter appearing on the agenda for the regularly scheduled city council meeting. [Ord. 2918 § 2 (Exh. A), 2023.]
8.20.060 Declaration of correctness of lien.
After the matter has been before the city council at a regularly scheduled city council meeting, the city council may declare the correctness of the statement and order the amount to be placed in the lien docket of the city against the property and for it to be enforced in the same manner as enforcement of liens for street improvements. [Ord. 2643, 5-1-06; Ord. 2232, 6-6-88. Code 2001 § 97.06.]