Chapter 6.08
NUISANCE VEGETATION
Sections:
6.08.060 HEARING BY CITY COUNCIL.
6.08.090 FAILURE TO REMOVE - PENALTY.
6.08.100 ALTERNATIVE ENFORCEMENT.
6.08.010 PURPOSE.
This chapter is an exercise of the City’s police power to protect the public health, safety and welfare and to provide enforcement, abatement and collection of abatement expenses by the City. This chapter shall be enforced for the benefit of the general public, not for the benefit of any particular person or class of persons.
It is the intent of this chapter to place the obligation of complying with its requirements upon the owner or occupant or other person in control of the property within the scope of this chapter and not to impose any duty upon the City or any of its officers, officials or employees which would subject them to damages in a civil action. (Ord. 5147 §4 (in part), 2011: Ord. 4822, Amended, 11/15/2002; Ord. 4584, Added, 02/28/1997. Formerly 9.14.005)
6.08.020 NUISANCE DECLARED.
(a) The owner or occupant or other person in control of any property within the City shall remove or destroy all trees, plants, shrubs or vegetation, or any parts thereof, which overhang any sidewalk at a clearance height of less than eight (8) feet or street at a clearance height of less than sixteen (16) feet or which are situated on the property or on the portion of the street or sidewalk 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, or interfering with sidewalks, streets, poles, wires, pipes, fixtures or any other part of any public utility situate in the street.
(b) It is unlawful and a nuisance for the owner or occupant or other person in control of real property, including any unimproved planting strips, right-of-way or similar area abutting and adjacent to such real property, to allow, continue or maintain the following vegetation:
(1) Grass and weeds exceeding twelve (12) inches in height except in areas maintained for domestic livestock.
(2) Shrubs, brush, vines, trees or other vegetation growing or which has grown and died, cut vegetation, blackberry vines, and organic debris, which constitutes a fire hazard, or provides a harborage for rats, rodents or horticultural pests or otherwise constitutes a health hazard.
(3) Noxious and poisonous plants, including poison ivy, poison oak, poison hemlock, poison sumac, nettles and nightshade.
(4) Dead, decayed, diseased or hazardous trees. (Ord. 5147 §4 (in part), 2011: Ord. 4822, Amended, 11/15/2002; Ord. 4584, Amended, 02/28/1997; Ord. 2364 §1, 1959. Formerly 9.14.010)
6.08.030 EXEMPTIONS.
The following are exempt from the application of BMC 6.08.020(b):
(1) Undeveloped publicly owned watershed lands.
(2) Private property designated as open space land, farm and agricultural land and timberland under Chapter 84.34 RCW and taxed at current use assessment.
(3) Wetlands and critical areas designated for protection under the Growth Management Act, Chapter 36.70A RCW.
(4) Parcels of land greater than thirteen thousand (13,000) square feet, provided the perimeter fifty (50) feet of these parcels must be maintained in compliance with BMC 6.08.020. (Ord. 5147 §4 (in part), 2011: Ord. 4584, Added, 02/28/1997. Formerly 9.14.018)
6.08.040 NOTICE TO REMOVE.
Whenever in the opinion of the code enforcement officer any trees, plants, shrubs or vegetation or parts thereof should be removed or destroyed for any of the reasons set forth in BMC 6.08.020, he or she shall cause a notice to be served on the owner or occupant or other person in control 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 or occupant or other person in control of the property cause the condition to be corrected within such period of time as shall be designated in the notice. The notice shall further provide that if the condition is not corrected within the time specified, that after the termination of such period of time and on a date specified in the notice, a resolution will be presented to the City Council to provide for the removal or destruction of the trees, plants, shrubs, vegetation or parts thereof, and the cost of that removal or destruction become a charge against the owner and a lien against the property. Additionally, when enforcement of this chapter is pursued pursuant to Chapter 1.04 BMC, the owner or occupant or other person in control of the property are subject to the enforcement provisions and remedies set forth therein. (Ord. 5147 §4 (in part), 2011: Ord. 4822, Amended, 11/15/2002; Ord. 4584, Amended, 02/28/1997; Ord. 2364 §2, 1959. Formerly 9.14.020)
6.08.050 SERVICE OF NOTICE.
The notice provided for in BMC 6.08.040 shall be served by delivering the notice pursuant to requirements for service of notice set forth in Chapter 1.04 BMC. (Ord. 5147 §4 (in part), 2011: Ord. 4822, Amended, 11/15/2002; Ord. 4584, Amended, 02/28/1997; Ord. 2364 §3, 1959. Formerly 9.14.030)
6.08.060 HEARING BY CITY COUNCIL.
If the conditions described in the notice have not been corrected prior to the time specified therein, as authorized by RCW 35.21.310, a resolution shall be presented to the City Council on the date designated in the notice therefor, which resolution shall provide that the department of the City named therein shall after the date set therein forthwith cause the removal or destruction 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 or destroyed. 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 the same is a nuisance and the owner has appeared at the hearing thereon, the owner may in the discretion of the Council be given such additional time as may be specified by the Council to abate the nuisance. (Ord. 5147 §4 (in part), 2011: Ord. 4584, Amended, 02/28/1997; Ord. 2364 §4, 1959. Formerly 9.14.040)
6.08.070 COST OF REMOVAL.
Whenever, after authorization by resolution of the City Council, any trees, plants, shrubs or vegetation, or parts thereof, are removed or destroyed, the department causing the removal or destruction thereof shall keep an accurate record of the necessary costs, including administrative charge, and shall become a charge against the owner and a lien against the property as authorized by RCW 35.21.310, as now or hereafter amended. (Ord. 5147 §4 (in part), 2011: Ord. 4627, Amended, 07/02/1998; Ord. 4584, Amended, 02/28/1997; Ord. 2364 §5, 1959. Formerly 9.14.050)
6.08.080 LIEN.
Notice of the lien herein authorized shall as nearly as practicable be in substantially the same form, filed with the same officer within the same time and manner and enforced and foreclosed as is provided by law for liens for labor and material. (Ord. 5147 §4 (in part), 2011: Ord. 4584, Amended, 02/28/1997; Ord. 2364 §6, 1959. Formerly 9.14.060)
6.08.090 FAILURE TO REMOVE - PENALTY.
The owning or maintaining of any trees, plants, shrubs, vegetation or parts thereof, in the manner described in BMC 6.08.020 is hereby declared to be a public nuisance. Anyone violating the provisions of this chapter by failing to abate such nuisance within the time specified in the notice herein before described or within the time set by resolution of the City Council, whichever time may be later, shall upon conviction thereof be guilty of a misdemeanor and subject to the provisions of BMC 1.12.020(2). (Ord. 5147 §4 (in part), 2011: Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 4584, Amended, 02/28/1997; Ord. 2364 §7, 1959. Formerly 9.14.070)
6.08.100 ALTERNATIVE ENFORCEMENT.
(a) In lieu of conducting a hearing, the City Council may, by resolution, forward any violation of this chapter to Chapter 1.04 BMC for enforcement.
(b) In lieu of and as an alternative to a hearing and Council resolution as provided for in this chapter, any violation of any provision of this chapter may be enforced as a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein.
(c) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 5147 §4 (in part), 2011: Ord. 4822, Added, 11/15/2002. Formerly 9.14.080)