Chapter 8.45 REMOVAL OF VEGETATION AND LITTER

Chapter 8.45
REMOVAL OF VEGETATION AND LITTER

Sections:

8.45.020 Duty to remove vegetation and litter.

8.45.040 City abatement and cost recovery.

8.45.010 Purpose and definitions.

(1) This chapter is intended to protect the public health safety and welfare and to prevent damage to persons and property from the hazards created by rampant vegetation growth and the accumulation of litter that could obstruct clear vision and passage along the public right-of-way, or create a fire hazard or other hazardous or unhealthy condition. This chapter is intended to implement the authority of RCW 35.21.310 and may be applied in addition to, or as an alternative to, the city’s civil enforcement procedures in Chapter 2.15 LCMC and the nuisance prohibitions in Chapter 8.55 LCMC, or any other lawful available remedy.

(2) The following definitions shall apply to the interpretation and application of this chapter. Where a term is not specifically defined, its ordinary dictionary definition shall apply:

(a) “City official” means the director of public works, chief of police, fire chief or any city official authorized by the mayor to enforce the provisions of this chapter.

(b) “Litter” includes cans, bottles, glass, packaging of any kind, plastic bags or containers, ashes, garbage, wastepaper, packing material, scrap iron, wire, metal articles, junk, chemicals in solid or liquid form, discarded building materials, exposed dirt, soil, silt, soil laden surface water, cement, rags, boxes, mattresses, furniture, electronics, tires, and all other trash, including abandoned inflammable materials that are or could present a fire hazard, mosquito breeding site, source of contamination of waters of the state, obstruction of the public right-of-way, or menace to the public health, safety or welfare.

(c) “Respondent” means any individual, corporation, partnership, unincorporated association or other entity alleged with a recorded ownership interest in property that is deemed to be in violation of this chapter and any user of such property. In any particular action under this chapter there may be more than one respondent. All respondents shall be jointly and severally liable for any penalties imposed under this chapter.

(d) “Vegetation” includes all plant material, grass, weeds, shrubs, bushes, trees or parts thereof, whether growing or not, that constitute or could present a fire hazard, mosquito breeding site, source of contamination of waters of the state, obstruction of the public right-of-way, or menace to the public health, safety or welfare. [Ord. 2008-09 § 2, 2008.]

8.45.020 Duty to remove vegetation and litter.

No owner or user of property in the city shall allow the growth or accumulation of vegetation or litter on property where such growth or accumulation presents, or could present, a fire hazard, mosquito breeding site, source of contamination of waters of the state, obstruction of the public right-of-way, or menace to the public health, safety or welfare. Any violation of this prohibition shall be a nuisance and a civil infraction that may be processed as such under this chapter or Chapter 2.15 LCMC. [Ord. 2008-09 § 2, 2008.]

8.45.030 Abatement action.

Upon a determination by the city official that any property within the city is the site of litter or vegetation in violation of this chapter, the city official shall take the following actions:

(1) The city official shall issue an order of abatement to the owner and the user of the property requiring the removal of the litter or vegetation within 10 days of issuance of the order. The order shall include the following information:

(a) The identity or location of the property involved by street address, legal description or other commonly used means of identifying property.

(b) A detailed description of the conditions that, in the opinion of the city official, constitute a violation of this chapter.

(d) A date certain by which the remedy shall be completed.

(e) A statement of the monetary or other penalties possible in the event that the order is not complied with.

(2) The city official shall cause the order of abatement to be served on the respondent(s) by personal delivery or certified U.S. mail and the property posted with a copy of the abatement order. For purposes of service on the property’s owner, the city official shall use the name and address from most recent records of the Clark County property tax assessor. For purposes of service on a non-owner user of the property, the city official shall use the street address of the property.

(3) Upon failure of the respondent(s) to timely comply with the abatement order, the city official shall present for city council consideration a proposed resolution that authorizes the city official to eliminate the litter and/or vegetation deemed to violate this chapter. The resolution shall include the following information:

(a) The identity or location of the property(ies) involved by street address, legal description or other commonly used means of identifying property.

(b) A detailed description of the conditions that, in the opinion of the city official, constitute a violation of this chapter.

(d) A statement of the monetary or other penalties possible in the event that the resolution is not complied with, including the city’s right to abate the alleged violations on the property and to charge the respondent with all of the city’s costs incurred in the abatement action.

(4) The resolution may specifically provide for city abatement of the litter and/or vegetation deemed to be a violation of this chapter, to charge all of the city’s direct and indirect costs of the abatement action against the respondent(s), which may be collected in the same manner as any other lawful debt and/or recorded as a lien on the property.

(5) The resolution shall be considered by the city council at a regular or special public meeting. Notice of the meeting and proposed resolution shall be provided to the respondent(s) by certified mail or personal delivery no less than seven calendar days prior to the public meeting at which the resolution will be considered. The city council shall allow public testimony at the meeting, including a statement by, or on behalf of, the respondent(s).

(6) Upon passage of the resolution, the city official shall promptly give notice in writing, including a copy of the resolution, to the respondent(s). [Ord. 2008-09 § 2, 2008.]

8.45.040 City abatement and cost recovery.

If, after the expiration of 10 days from the date of city council approval of the resolution, the litter and/or vegetation has not been removed, destroyed or otherwise remedied as specified in the resolution, the city official shall without further notice or process remove, destroy or otherwise abate the litter and/or vegetation. In this event, the city official shall produce an itemized statement of the city’s direct and indirect costs of the abatement action, including administrative costs, investigation costs, professional fees, labor, equipment, and disposal costs. Without further notice or process, the city shall present a certified copy of the itemized statement to the respondent(s) for full payment within 30 days of presentment. This debt shall be collectable by the city in the same manner as any other legal debt, including recordation as a lien on the property. The city may foreclose such a lien in the same manner as for any other municipal lien. [Ord. 2008-09 § 2, 2008.]