Chapter 8.08
WEED CONTROL
Sections:
8.08.010 Undesirable growth prohibited.
8.08.020 Repealed.
8.08.030 Exemptions to chapter applicability.
8.08.040 Violations.
8.08.050 Duty to enforce.
8.08.060 Investigation and notice of violation.
8.08.070 Time to comply.
8.08.080 Extension of compliance date.
8.08.100 Emergency order.
8.08.110 Summary abatement.
8.08.115 Abatement by owner or other responsible person.
8.08.120 Civil penalty.
8.08.140 Additional relief.
8.08.010 Undesirable growth prohibited.
A. It is a misdemeanor, punishable upon conviction by a fine not to exceed $500.00, for any person to commit any of the following acts:
1. Having ownership and/or control of any parcel of real property upon which grasses, trees, plants, shrubs or vegetation, or parts thereof, are located and overhang any sidewalk or which are growing thereon in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public.
2. Having possession and/or control of any parcel of real property upon which grass, weeds, shrubs, noxious weeds, bushes, trees or vegetation growing or which has grown and died which are a fire hazard, a harborage for rats, animals, pests and a menace to public health, safety or welfare.
3. Having possession and/or control of any parcel of real property upon which grass, weeds, or other similar vegetation, excepting trees and shrubs, exceed an average height of 12 inches.
B. Notwithstanding subsection A of this section, any parcel of land or contiguous segregated parcels of land which, when combined, represent a parcel larger than one acre in size, may comply with these requirements by providing a firebreak along that portion of the perimeter of the parcel which abuts developed property or an improved street. The firebreak shall be a minimum of 20 feet in width, within which all weeds and vegetation, except established trees, shall not exceed 12 inches in height measured above the ground.
C. Notwithstanding subsection A of this section, any designated public parkland, natural area, or environmentally sensitive area, or any parcels of land not immediately adjacent to developed areas or which are used for agricultural purposes are exempt from the provisions of subsection A of this section. (Ord. 1626 § 1, 2007; Ord. 1321 § 1, 1996; Ord. 533 § 1, 1955).
8.08.020 Removal – City to perform work when – Costs.
Repealed by Ord. 1321. (Ord. 533 § 2, 1955).
8.08.030 Exemptions to chapter applicability.
This chapter shall not apply to any property in the city which is in an agriculture zone in said city, according to the zoning ordinance of the city. (Ord. 533 § 3, 1955).
8.08.040 Violations.
A. It is unlawful for any person to create, maintain, carry on or do any of the acts or things declared by this chapter to be a public nuisance.
B. It is a violation of this chapter for anyone to fail to comply with any notice, complaint or order issued in accordance with this chapter. (Ord. 1321 § 3, 1996).
8.08.050 Duty to enforce.
A. It shall be the duty of the enforcement officer to enforce this chapter. The enforcement officer may call upon the police, fire, health or other appropriate city departments to assist in enforcement.
B. Upon presentation of proper credentials, the enforcement officer or duly authorized representative of the officer may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by the weed control code.
C. The weed control code shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
D. It is the intent of this weed control code to place the obligation of complying with its requirements upon the owner or responsible person for the condition of the land and buildings within the scope of this code.
E. No provisions of or term used in this code is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in civil action.
F. It is unlawful for any person to create, maintain, carry on or do any of the acts or things declared by this chapter to be a public nuisance. (Ord. 1321 § 4, 1996).
8.08.060 Investigation and notice of violation.
A. The enforcement officer shall investigate any premises, structure or use which the officer reasonably believes does not comply with the standards and requirements of the weed control code.
B. If after investigation the enforcement officer determines that the standards or requirements have been violated, the officer may have a notice of violation served upon the owner or responsible person for the condition. The notice of violation shall state separately each standard or requirement violated, shall state what corrective action is necessary to comply with the standards or requirements, and shall set a reasonable time for compliance.
C. The notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person or persons is unknown or service cannot be accomplished and the enforcement officer makes an affidavit to that effect, then service of the notice upon such person or persons may be made by:
1. Publishing the notice once each week for two consecutive weeks in the city official newspaper; and
2. Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known, or, if unknown, to the address of the property involved in the proceedings.
D. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.
E. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to BMC 8.08.0901 or 8.08.100.
F. The enforcement officer may mail, or cause to be delivered to all residential and/or nonresidential rental units in the structure or post at a conspicuous place on the property, a notice which informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.
G. A notice or an order may be amended at any time in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation.
H. The notice of violation shall not be amended by the enforcement officer to include additional violations as a result of any reinspection for compliance or other purpose except upon a clear showing that the amendment is necessary for the protection of public safety, health and general welfare and that the additional violation did not exist or could not reasonably have been discovered at the time of original inspection. (Ord. 1321 § 5, 1996).
8.08.070 Time to comply.
A. When calculating a reasonable time for compliance, the enforcement officer shall consider the following criteria:
1. The type and degree of violation cited in the notice;
2. The stated intent, if any, of a responsible person or owner to take steps to comply;
3. The procedural requirements for obtaining a permit to carry out corrective action;
4. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and
5. Any other circumstances beyond the control of the responsible person or owner.
B. Unless a request for extension of compliance date is made in accordance with BMC 8.08.080 the notice of violation shall become the final order of the enforcement officer. A copy of the notice shall be filed with the Skagit County auditor. The enforcement officer may choose not to file a copy of the notice or order if the notice or order is directed only to a responsible person other than the owner of the property.
C. Failure to comply with a notice from the enforcement officer shall constitute a public nuisance. (Ord. 1321 § 6, 1996).
8.08.080 Extension of compliance date.
An extension of time for compliance with a notice of violation may be granted in writing by the enforcement officer upon receipt of a written request therefor. The enforcement officer may without a written request grant an extension of time after finding that required actions have been started and that the work is progressing at a satisfactory rate. (Ord. 1321 § 7, 1996).
8.08.100 Emergency order.
A. Whenever any use or activity in violation of this code threatens the health and safety of the occupants of the premises or any member of the public, the enforcement officer may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an emergency order shall constitute a violation of this weed control code.
B. Any condition described in the emergency order which is not corrected within the time specified is declared to be a public nuisance and the enforcement officer is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or responsible person or both in the manner provided by law. (Ord. 1321 § 8, 1996).
8.08.110 Summary abatement.
A. The city council may, after a report has been filed by the enforcement officer and the property owner or other responsible person for the condition has had an opportunity to be heard, by resolution require such person to abate a nuisance by removal and proper disposal of weeds from the property at such person’s cost and expense within a time specified in the resolution; and if the removal and disposal is not accomplished within the time specified, the enforcement officer may abate the nuisance and recover the cost and expense thereof plus 15 percent in a civil action in municipal court. Costs shall include any and all court costs and attorney’s fees occasioned in gaining access to the property for purposes of abatement.
B. The enforcement officer may also seek relief in superior court to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this chapter when the civil or criminal remedies provided in this chapter are inadequate to effect compliance. (Ord. 1321 § 9, 1996).
8.08.115 Abatement by owner or other responsible person.
If and when an owner or other responsible person shall undertake to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the enforcement officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to the abatement. (Ord. 1321 § 10, 1996).
8.08.120 Civil penalty.
A. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of this chapter shall be subject to a cumulative penalty in the amount of $75.00 per day for each violation from the date set for compliance until the order is complied with.
B. The penalty imposed by this section shall be collected by civil action brought in the name of the city. The enforcement officer shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall, with the assistance of the enforcement officer, take appropriate action to collect the penalty.
C. The violator may show as full or partial mitigation of liability:
1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or
2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant. (Ord. 1321 § 11, 1996).
8.08.140 Additional relief.
The enforcement officer may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this weed control code when civil or criminal penalties are inadequate to effect compliance. (Ord. 1321 § 12, 1996).
Code reviser’s note: There is no section numbered 8.08.090.