ORDINANCE 522

AN ORDINANCE OF THE TOWN OF LONG BEACH, WASHINGTON regulating the control of noxious vegetation.

BE IT ORDAINED by the Town Council of the Town of Long Beach, Washington as follows:

SECTION 1. Definitions. As used in this chapter, “noxious vegetation” means: A. Gorse, wild scotchbroom and wild blackberries; B. Any vegetation that is: 1. A health hazard, 2. A fire hazard, 3. A traffic hazard because it impairs the view of a public street or otherwise makes use of the street hazardous. (Ord. 522 51, 1984)

SECTION 2. Nuisance declaration. The city council finds, declares and determines that the existence of noxious vegetation upon any lot or parcel of land is a detriment or menace to neighboring property and to the health, safety and welfare of the residents in the vicinity and as such, a public nuisance and shall be abated in the amount provided by this chapter. (Ord. 522 §2, 1984)

SECTION 3. Prohibited on property. No owner or person in charge of property in the city shall allow noxious vegetation to be on the property or in the right-of-way of a street abutting on the property. Violation of this section is an infraction. (Ord. 522 §3, 1984)

SECTION 4. Abatement — Notice. The city clerk-treasurer shall cause to be published twice in a newspaper of general circulation in the city a copy of the ordinance codified in this chapter as a notice to all owners and persons, in charge of property of their duty to keep their property free of noxious vegetation. The notice shall state that the city is willing to abate such a nuisance on any particular parcel of property at the request of the owner or person in charge of the property, for a fee sufficient to cover the city’s costs of the abatement. The notice shall also state that, in the absence of such requests, the city shall abate all such nuisances ten or more days after the final publication of the notice, and to charge the cost of doing so on any particular parcel or property to the owner thereof, the person in charge thereof, or the property itself. The notice may also direct the removal of fallen trees, tree limbs, tree trunks or other debris existing on the property found necessary to be removed and abated to effectively carry out the provisions of this chapter. (Ord. 522 §4, 1984)

SECTION 5. Abatement — Private. A. Within ten days after the final publication of the notice for which this chapter provides, or as soon thereafter as a nuisance occurs, the owner or person in charge of the property where such a nuisance occurs shall abate the nuisance, except as subsection B of this section provides to the contrary. B. The owner or person in charge of property who is apprehensive that vegetation on the property is likely to be allegedly in violation of this chapter, or who denies that a nuisance as defined in this section exists on the property, may file with the council a written protest denying that such a nuisance exists on the property. The council shall then determine whether the nuisance does so exist. That determination shall be final. If it is affirmative, the owner or person in charge shall cause the nuisance to be abated within ten days after the determination. (Ord. 522 §5, 1984)

SECTION 6. Abatement — City. A. If any person shall fail or neglect to cut or remove or destroy the noxious vegetation within ten days after the notice provided for in this chapter, the city utility crew may go upon such lots or parcels with such assistance as necessary, cut and remove or destroy such noxious vegetation in such manner as shall be most effective in his judgment. B. The person authorized to cause, or retained to do the abating may enter upon the property at reasonable times for purposes of investigating and abating the nuisance. (Ord. 522 §6, 1984)

SECTION 7. Billing and lien procedures. Upon completion of the work under this chapter, the city clerk-treasurer will file an itemized statement of the Costs thereof which includes the cost of receiving complaints, mapping, staking mowing, travel time and inspection, plus ten percent to cover overhead, enforcement of this chapter and publication of notice required by it, but the minimum charge for any lot or parcel of land shall be fifty dollars. The clerk—treasurer shall notify by mail each property owner affected thereby of the sum of money due to the city. If the costs are not paid within thirty days of the billing date, the clerk-treasurer shall thereafter file with the council the aforesaid mentioned itemized statement of cost including the ten percent overhead plus an additional charge of five percent to cover assessment procedure expense. After a reasonable opportunity to be heard in objection thereto, the council shall then declare the correctness of such statement and declare the same to be lien upon the property involved, to be entered in the minor lien docket and enforced against the property. (Ord. 522 §7, 1984).

Published May 29 and June 5, 2013

Legal No. 191-13

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