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HomeMy WebLinkAbout4584 ORDINANCE VJE7~z AN ORDINANCE declaring certain vegetation a public nuisance as a fire hazard and a menace to public health, safety and welfare and requiring its abatement; and amending Bremerton Municipal Code chapter 11.16. WHEREAS, RCW 35.21.310 allows the City to abate vegetation which is a fire hazard or public nuisance and assess abatement costs as a lien against private property; now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Recodification. Chapter 11.16 of the Bremerton Municipal Code shall be recodified as chapter 9. 14. with section references in chapter 1 1.16 corrected to reflect the same section in section 9.14 unless otherwise amended by this ordinance. Section 2. New Section. A new section 9.14.005 is added to the Municipal Code to read as follows: .005 PURPOSE This chapter is an exercise of the City's police power to protect he public health, safety and welfare; and to provide enforcement, abatement and collection of abatement expenses by the City. This chapter shall be enforced for the benefit of the general public, not for the benefit of any particular person or class of persons. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner or occupier of land within the scope of this chapter and not to impose any duty upon the City or any of its officers, officials or employees which would subject them to damages in a civil action. Section 3. Amendment. Section 11.16.010 is recodified as 9.14.010 and further amended to read as follows: 010 REMOVAL ...... AND .................... SIDEWALK NUISANCE DECLARED. ~ The owner of any property within the City shall remove or destroy all trees, plants, 1 WEEDS.ORD - Ordinance Disk 2 - 2/5/97 shrubs or vegetation, or any parts thereof, which overhang any sidewalk or street or which are situate on the property or on the portion of the street or sidewalk abutting thereon, in such manner as to obstruct or impair the free and full use of the sidewalk or street, including the interruption or interference with the clear vision of pedestrians or persons operating vehicles thereon, or interfering with sidewalks, streets, poles, wires, pipes, fixtures or any other part of any public utility situate in the street. (b) It is unlawful and a nuisance for the owner or occupant of real property, including any unimproved planting strips, right-of- way or similar area abutting and adjacent to such real property to allow, continue or maintain the following vegetation: (1) Grass and weeds exceeding twelve inches in height except in areas maintained for domestic livestock. (2) Shrubs. brush, vines, trees or other vegetation growing or which has grown and died, and organic debris, which constitutes a fire hazar0, or provides a harborage for rats. rodents or horticultural pests. (3) Noxious and poisonous plants, including poison ivy, poison oak, poison hemlock, poison sumac, rtettles and nightshade. Section 4. New Section. A new section 9.14.018 is added to the Municipal Code to read as follows: .018 EXEMPTIONS. The following are exempt from the application of Section .010(b): 1) Undeveloped publicly owned watershed lands. 2) Private property designated as open space land, farm and agricultural land and timberland under Chapter 84.34 RCW and taxed at current use assessment. 2 WEEDS.ORD - Ordinance Disk 2 - 2/5/97 3) Wetlands and critical areas designated for protection under the Growth Management Act, Chapter 36.07A RCW. 4) Parcels of land greater than 13000 square feet, provided the perimeter 50 feet of these parcels must be maintained in compliance with section .010. Section 5. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this ~ day of ~~z./~, 1997. PASSED by the City Council of the City of Bremerton this ./,:,? :/~ ) day of ~?'~,~_~xa~ 1997. DAVID D. FARR, Council President APPROVEDthis [~3~ dayof,-¢~~ ,1997. L~N HORTON, Mayor AT'FEST: KATHLEEN McCLUSKEY, City Clerk