Chapter 8.32
NOXIOUS WEEDS
Sections:
8.32.020 Owner’s duty to control spread of noxious weeds.
8.32.040 Removal – Service of notice.
8.32.050 Procedure for abatement by city – Costs of abatement made lien.
8.32.060 Costs of abatement – Determination.
8.32.070 Complaint for noncompliance – Penalty for violation.
8.32.010 Definitions.
Unless a different meaning is plainly required by the context, the following words and phrases as used in this chapter shall have the meanings ascribed to them in this section:
A. “Agent” means any occupant or any other person acting for the owner and working, living upon, or in charge of the land.
B. “Lot” or “land” means public or private property and the paved or unpaved portion of a public right-of-way which abuts upon public or private property.
C. “Noxious weed” or “weed” means any plant growing in the city which is determined by the State Noxious Weed Control Board to be injurious to crops, livestock or other property and which is included for purposes of control on the Okanogan County noxious weed list; or, if not included on the Okanogan County noxious weed list, has been designated for control by resolution of the city council.
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 on any other interest entitling the holder to possession 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, firm, the state, or any department, agency or subdivision thereof, or any other entity.
F. Prevention and Control. As pertains to the duty of an owner, the word “control” and the term “prevent the spread of noxious weeds” means conforming to the standards of noxious weed control or prevention adopted by rule or regulation by the county noxious weed control board. (Ord. 663 § 1, 1985)
8.32.020 Owner’s duty to control spread of noxious weeds.
It is the duty of every owner and every owner shall perform or cause to be performed such acts as may be necessary to control and to prevent the spread of noxious weeds from his property; and the failure to do so is unlawful. It is further unlawful for any owner of a lot or land within the city to permit or maintain on any such lot or land living weeds included on the county noxious weed control list; or, which are included on the state noxious weed list and have been designated by resolution of the city council for control, although any such noxious weed may not have been included on the county noxious weed list. It shall be the duty of every owner of any lot or land to cut and remove or eradicate or cause to be cut and removed or eradicated from such property as often as may be necessary all prohibited weeds, in order to comply with the provisions of this chapter. (Ord. 663 § 2, 1985)
8.32.030 Entry upon property.
The director of public works, or his designee, in 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 the taking of specimens of weeds or other materials, general inspection, and the performance of eradication or control work pursuant to provisions of this chapter. (Ord. 663 § 6, 1985)
8.32.040 Removal – Service of notice.
If it appears to the satisfaction of the director of public works that any provision of this chapter is being or has been violated, the director of public works shall serve written notice either personally or by certified mail, return receipt requested, upon the owner, or if the owner cannot be located, the agent having the care or control of the premises upon which the violation exists. Notice as provided for in this section shall state:
A. The description of the property on which the alleged violation has occurred;
B. The specific nature of the violation;
C. The section or sections of this chapter alleged to be violated;
D. The date by which the violating condition is to be abated, which date shall not be less than 10 days after receipt of such notice by the alleged offender;
E. That if removal or destruction of the violating condition is not made by the owner within the time limit set forth in subsection D of this section, then the director of public works will bring this matter before the city council, the date thereof to be specified in the notice, and request of the city council the passage of a resolution authorizing the director of public works to cause the removal or destruction of the violation; and
F. That should the director of public works cause the removal or destruction of the violating 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 that section now exists or may hereafter be amended. (Ord. 663 § 3, 1985)
8.32.050 Procedure for abatement by city – Costs of abatement made lien.
In the event the director of public works provides notice as provided in OMC 8.32.040 and the removal or destruction of the violating condition is not made by the owner within the time limit set forth in the notice, the director of public works shall bring this matter before the city council at the date specified in the notice and request the city council to pass a resolution authorizing the director of public works to cause the removal or destruction of the violating condition. Upon passage of such resolution authorizing the director of public works to cause the removal or destruction of the violation, the director of public works shall cause the removal or destruction of the violating condition and 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 in RCW 35.21.310 as that section now exists or may hereafter be amended. (Ord. 663 § 4, 1985)
8.32.060 Costs of abatement – Determination.
The director of public works shall keep record of the costs and expenses to the city of abatement of noxious weeds pursuant to this chapter and shall present to the city council a statement of costs and expenses incurred by the city. The city council shall, by resolution, fix the costs of the abatement, including legal expenses, and the costs and charges shall become a charge against the owner and a lien against the property pursuant to RCW 35.21.310 and enforceable according to the terms of said statute. (Ord. 663 § 7, 1985)
8.32.070 Complaint for noncompliance – Penalty for violation.
In the event any owner or agent to whom notice has been given does not do or cause to be done the abatement of the violating condition as described in the notice within the time provided in the notice, in addition to other remedies provided in this chapter, the city attorney may file a complaint in a court of competent jurisdiction for failure to comply with such notice of violation, and any owner found guilty of violating any provision of this chapter is guilty of a misdemeanor. (Ord. 663 § 5, 1985)