Chapter 8.40
VEGETATION, WEED AND DEBRIS ABATEMENT
Sections:
8.40.030 Prohibited conditions designated.
8.40.040 Prohibited conditions unlawful.
8.40.010 Authority.
The city adopts the ordinance codified in this chapter, pursuant to RCW 35.21.310. (Ord. 397 § 2 (part), 1991)
8.40.020 Definitions.
Unless the context in which they are used otherwise requires, the following definitions shall govern the construction of the terms found in this chapter:
A. “Abate” means to destroy, remove, correct or terminate.
B. “Continue” means failure to destroy, remove, correct or terminate.
C. “Debris” means garbage, junk, broken or destroyed materials, and dead vegetation of any kind.
D. “Owner” means the person in actual control of real property, or his agent, whether such control is based on legal or equitable title or any other interest entitling the holder to enjoyment, possession or use of the property, and for purposes of liability for payment pursuant to the provisions of this chapter, means the possessor of legal or equitable title.
E. “Person” means any individual, partnership, corporation, unincorporated association, firm, the state, or any department, agency, or subdivision thereof, or any other entity.
F. “Weed” includes but is not limited to, any noxious plant which has been determined by the State Noxious Weed Control Board to be injurious to crops, livestock, or other property, and thistles, nettles or other plants that are a nuisance, hazard, tend to overgrow or choke out more desirable plants, or cause injury to man, animal or a desired crop, flower, garden plant or lawn cover. (Ord. 427 § 1, 1993; Ord. 397 § 2 (part), 1991)
8.40.030 Prohibited conditions designated.
The following hazardous conditions are prohibited:
A. Trees, plants, shrubs, or vegetation, or parts thereof, which overhang any sidewalk, alley, street, or fire hydrant or which are growing thereon in such a manner as to obstruct or impair the free and full use of the sidewalk, alley, street, or fire hydrant by the public;
B. Grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died, which constitute a fire hazard or a menace to public health, safety or welfare;
C. Debris which is a fire hazard or a menace to public health, safety or welfare.
1. The accumulation of debris in public stormwater disposal systems or private stormwater disposal systems designed to discharge into the City’s stormsewer system are a menace to the public health, safety and welfare. (Ord. 427 § 2, 1993; Ord. 397 § 2 (part), 1991)
8.40.040 Prohibited conditions unlawful.
It is unlawful and a nuisance for the owner or occupant of real property within the corporate limits of the city to allow, continue or maintain a prohibited condition as set forth in Section 8.40.030. (Ord. 397 § 2 (part), 1991)
8.40.050 Entry upon property.
The city superintendent, or his designee, in the performance of his duties under this chapter may go upon any real property located within the city at any reasonable time for any reason necessary to effectuate the purposes of this chapter, including but not limited to taking of specimens of weeds or other materials, general inspection, and the performance of eradication or control work. (Ord. 397 § 2 (part), 1991)
8.40.060 Removal—Notice—Lien.
A. If it appears to the city superintendent or his designee that any provision of this chapter is being or has been violated, the superintendent shall serve written notice either personally or by certified mail, with a five-day return receipt requested, upon the owner, or if the owner cannot be located, the person having the care or control of the premises upon which the violation exists.
B. The notice required by subsection (A) of this section shall state:
1. The description of the property on which the alleged violation has occurred;
2. The prohibited condition that exists;
3. The prohibited condition violates the city ordinance codified in this chapter;
4. The date by which the prohibited condition is to be abated, which date shall not be less than ten days after receipt of such notice by the alleged offender;
5. That if abatement of the prohibited condition or a written request for a hearing before the Bridgeport municipal court made to the city clerk-treasurer is not made by the owner, or the person having the care or control of the premises upon which the violation exists, within ten days after receipt of such notice, then the city superintendent will bring this matter before the city council, the date, time and place thereof to be specified in the notice, and request the city council to pass a resolution authorizing the city superintendent to cause the abatement of the prohibited condition.
C. Should the city superintendent cause the abatement of the prohibited condition, the cost thereof incurred by the city shall become a charge against the owner of the property and a lien against the property as provided for in RCW 35.21.310, as the same now exists or may hereafter be amended.
D. Upon receipt of a request for a hearing provided for in this section, the Bridgeport municipal court shall set a date for the hearing on the question of abatement of the prohibited condition. The city clerk-treasurer shall provide twenty days advance written notice of the time, location and date of such hearing to the person requesting the hearing and the owner of the property.
E. Notice of lien set forth in this section shall be in substantially the same form, filed with the same officer, completed within the same time and manner, and enforced and foreclosed as is provided by law for liens for labor and materials. (Ord. 397 § 2 (part), 1991)
8.40.070 Civil penalty.
In the event any owner, or person having the care or control of the premises upon which a violation of this chapter exists, to whom notice has been given, does not do or cause to be done the abatement of the prohibited condition, as described in the notice, within the time provided in the notice, such person shall be deemed to have committed a civil infraction and, upon a finding by the court that the infraction has been committed, shall be subject to a civil penalty of up to two hundred fifty dollars. The initiation of a civil penalty infraction proceeding pursuant to this section shall not affect the right of the city to continue the civil abatement and lien process set forth in this chapter. (Ord. 604 § 1, 2009: Ord. 397 § 2 (part), 1991)