Chapter 14.04
Vegetation
Sections:
14.04.010 Maintenance of property.
14.04.050 City removal/destruction of vegetation.
14.04.070 Hazardous conditions--Overhanging streets and sidewalks.
14.04.080 Hazardous conditions--Fire hazards.
14.04.090 Hazardous conditions--Removal.
14.04.100 Hazardous conditions--City action.
14.04.010 Maintenance of property.
Every property owner shall be required to maintain his or her property adjoining public property free from vegetation as hereinafter defined, in order that such property shall not become a nuisance or endanger the safety, health, or welfare of the general public. (Ord. 434 § 1, June 12th, 1991).
14.04.020 Definition.
For the purpose of this chapter “vegetation” shall include all grass, weeds, shrubs, bushes, trees, growing or which have grown and died, which constitute a fire hazard as determined by the Fire Chief or which menace public health, safety or welfare. (Ord. 434 § 2, June 12th, 1991).
14.04.030 Nuisance declared.
Vegetation as defined in Section 14.04.020 is hereby declared to be a public nuisance, and shall be abated as herein provided. In the case of adjoining undeveloped parcels of property, the total area of which is more than one acre, elimination of the fire hazard presented by vegetation may be accomplished by removing the vegetation from the area within twenty feet of abutting, improved, properties. (Ord. 434 § 3, June 12th, 1991).
14.04.040 Abatement action.
Upon determination that any real property within the City is the site of vegetation in violation of this chapter, the City Administrator shall be notified, and he or the Fire Chief, Maintenance Supervisor or their authorized representative shall take the following actions:
(a) Contact the property owner and inform the owner of the determination and the need to remove the vegetation within twenty days.
(b) Upon failure of the property owner to comply with the informal notification, the City Administrator shall issue written notice by certified mail to the property owner as shown by the records of the County Assessor directing the removal of the vegetation within twenty days of the issuance of the notification.
(c) Upon failure of the property owner to comply with the written notification, the City Attorney shall present for City Council consideration a resolution which instructs the property owner to remove the vegetation within twenty days following adoption of the resolution. Such resolution shall contain the street address and legal description of the real property, shall describe the violations thereon, and shall notify the property owner that failure to comply with the abatement directions therein will result in abatement by the City, with the costs thereof to become a charge against said property owner and a lien upon the real property. The owner of the property shall be given not less than five days’ written notice of presentation of the proposed resolution to the City Council and shall be given an opportunity to speak at the Council meeting regarding the resolution. In addition to written notice the City shall also post a copy of the notification of Council consideration upon the real property. Upon passage of the resolution, the City shall promptly give notice in writing thereof to the property owner. (Ord. 434 § 4, June 12th, 1991).
14.04.050 City removal/destruction of vegetation.
If, after the expiration of twenty days from the adoption of the resolution referred to in Section 14.04.040(C), the vegetation has not been removed or destroyed in accordance with the direction therein, the Maintenance Supervisor shall remove or destroy said vegetation, and the cost thereof, along with the City’s reasonable costs of enforcement hereunder, shall become a charge against the owner of the real property and a lien against said real property, in accordance with the provisions of RCW 35.21.310. (Ord. 434 § 5, June 12th, 1991).
14.04.060 Appeal.
Any person having an interest in the property described in the written notice may, within the time fixed for abatement set out in the notice, appeal to the City Council by filing a written notice of appeal, setting forth the grounds therefor, with the City Clerk, and the City Council shall set a date for the hearing of such appeal. The City Clerk shall notify the appellant, and all persons having an interest in said property, by mail of the time and place of hearing of said appeal. After the hearing thereon, the City Council may affirm, modify, or overrule the abatement order. The order of the City Council shall be in writing, and in the event it determines that abatement is required, shall require that the condition be abated within ten (10) days of issuance of its findings. Filing of the notice of appeal shall stay the abatement notice as to all persons affected thereby. (Ord. 434 § 6, June 12th, 1991).
14.04.070 Hazardous conditions--Overhanging streets and sidewalks.
The owner or occupier of any property in the City of DuPont shall remove or destroy all trees, plants, shrubs or vegetation, or parts thereof, which overhang any sidewalk or street or which are growing thereon in such manner as to impair the free and full use of the sidewalk or street by the public. (Ord. 492 § 4, Nov. 9th, 1993).
14.04.080 Hazardous conditions--Fire hazards.
The owner or occupier of any property in the City of Dupont shall remove or destroy all grass, weeds, shrubs, bushes, trees or vegetation growing or which have grown and died, and remove all debris, which are a fire hazard or a menace to public health, safety or welfare. (Ord. 492 § 4, Nov. 9th, 1993).
14.04.090 Hazardous conditions--Removal.
In the event that vegetation or debris is not removed or destroyed in compliance with Sections 14.04.070 or 14.04.080, the Clerk/Treasurer shall give not less than five (5) days’ written notice thereof to the owner or occupier, which notice shall describe the property involved and the hazardous condition, and shall require the owner or occupier to make such removal or destruction within five (5) days after receipt of such notice. Such notice shall further provide that if such removal or destruction is not then made, the Council may by resolution cause the City to remove or destroy such vegetation and debris, and that the cost thereof shall become a charge against the owner or occupier of the property and a lien against the property, which lien shall be recorded and foreclosed as nearly as practicable in the manner provided by law for liens for labor and materials. (Ord. 492 § 4, Nov. 9th, 1993).
14.04.100 Hazardous conditions--City action.
In the event that, following receipt of the notice provided for in Section 14.04.090, such vegetation or debris is not removed or destroyed, the Council may by resolution cause the same to be removed or destroyed by the City, and the cost thereof shall become a charge against the owner or occupier of the property and a lien against the property, which lien shall be recorded and foreclosed as nearly as practicable in the manner provided by law for liens for labor and materials. (Ord. 492 § 4, Nov. 9th, 1993).