Chapter 8.24
WEEDS AND GRASS
Sections:
8.24.010 Certain weeds and vegetation declared a public nuisance.
8.24.020 Duty of property owner.
8.24.030 Public works director to enforce.
8.24.040 City may abate nuisance and charge property owner.
8.24.010 Certain weeds and vegetation declared a public nuisance.
A. Trees, plants, shrubs or vegetation, or parts thereof, which overhang any sidewalk or street, or which are growing thereon in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public are hereby declared public nuisances, and subject to abatement.
B. Grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died and all debris upon any property which constitutes a fire hazard or a danger to public health are hereby declared public nuisances, and subject to abatement. (Ord. 601 § 2, 1988).
8.24.020 Duty of property owner.
It is the duty of the owner of the property wherein or whereon any such public nuisance as declared in this chapter exists to abate the nuisance by destroying, removing or trimming any such growth, or by removing and destroying any such debris. (Ord. 601 § 2, 1988).
8.24.030 Public works director to enforce.
The public works director, or his designee, shall enforce the provisions of this chapter by giving written notice to the property owner to abate the public nuisance within such time period as he shall deem reasonable. (Ord. 601 § 2, 1988).
8.24.040 City may abate nuisance and charge property owner.
A. In the event any property owner fails to comply with the written notice of the public works director or his designee to abate any condition declared to be a public nuisance in this chapter, the city council on receiving a written staff report from the public works director or his designee may by resolution require the owner to abate the public nuisance by removal or destruction within a time fixed in the resolution, at the sole cost and expense of the property owner.
B. The resolution referred to in subsection A of this section shall not be passed until the property owner has been given at least five days notice of pendency of the proposed resolution. The notice shall describe the property involved and the nature of the condition constituting the public nuisance. The notice shall be given by the public works director or his designee by certified mail, return receipt requested, to the address of the owner as shown on the records of the King County treasurer or assessor, and if no owner or address is shown thereof, then the notice shall be published once in the legal newspaper of the city and posted upon the property. Proof of such notice shall be made by affidavit of the public works director or his designee, filed with the city administrator.
C. If the property owner shall fail or refuse to abate the public nuisance within the time fixed by city council, the public works director or his designee may abate the same, and shall render a bill to the property owner for the actual costs incurred by the city, including all labor, materials and the reasonable value of city equipment employed. (Ord. 601 § 2, 1988).
8.24.050 Lien authorized.
The city shall have a lien for the actual costs of abating the public nuisance as provided in the preceding section. In the event the bill for abatement shall not be paid forthwith, or in the event no bill is rendered because the owner cannot be found, the public works director shall record a notice of claim of lien in the name of the city. The notice of claim of lien shall be in the same form, and be recorded with the same filing officer, and be enforced and foreclosed as provided by law for liens for labor and materials as provided in Chapter 60.04 RCW, as the same now exists or may hereafter be amended. (Ord. 601 § 2, 1988).
8.24.060 Penalty.
A. Failure or refusal to comply with any of the provisions of this chapter shall constitute a misdemeanor, and be subject to a fine of not less than $100.00 nor more than $500.00.
B. The penalty so provided shall be in addition to the civil liability for the costs of abatement as provided in this chapter. (Ord. 601 § 2, 1988).
8.24.070 Appeal.
Any person aggrieved by the adoption by the city council of a resolution declaring a public nuisance to exist and ordering its abatement may have the action reviewed in the King County Superior Court, provided, any such petition for review shall be filed within 30 days after adoption of such resolution. Such proceedings in the superior court shall be heard de novo. (Ord. 601 § 2, 1988).