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HomeMy WebLinkAbout4159 ORDINANCE NO. ~1~ AN ORDINANCE relating to the control and ~.-~, ~~ eradication of Malacosoma Californicum (Western Tent Caterpillar) by the City of Bremerton or its designated agents; and declaring an emergency. WHEREAS, Malacosoma Californicum (Western Tent Caterpillar) infestation is deemed to be a public nuiisance requiring control by individual property owners within the City of Bremerton and by the City on public property and rights-of-way; now, therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1. A new Chapter 6.26 is added to the Bremerton Municipal Code as follows: CATERPILLARS .010 DUTY 'PO CONTROL. During periods of infestation of Malacosoma Californicum (Western Tent Caterpillar) within the City of Bremerton, all property owners shall take such steps as may be required to eradicate tent caterpillars found on plantings and trees within their property· · 020 ABATEMENT ON PUBLIC PROPERTIES AND STREETS. The City of Bremerton, using its employees or utilizing designated agents shall take all reasonable measures to eliminate infestations of tent caterpillars on public parks, rights-of-way, and other public property within the City except municipal watershed lands. · 030 NUISANCE DECLARED/ABATEMENT. Infestations of tent caterpillars upon private property is declared to be a public nuisance. If, after five days written notice from the building official, a property owner fails to satisfactorily eradicate infestations of tent caterpillars from plantings and trees on his property to a height of twelve feet (12'), the City may, without further notice, enter onto the said property and eradicate infestations either utilizing its own employees or designated agents· The cost of such eradication shall be a civil debt against the property owner and collected according to law. .040 PENALTY FOR VIOLATION. Any person failing to eradicate tent caterpillar infestation~after notice from all planting and trees to a height of twelve feet (12') on private property shall be guilty of a civil infraction and shall be subject to a fine and restitution for costs of abatement performed by the City. .050 EFFECTIVE DATE. An emergency exists affecting the public peace, safety, and welfare of the citizens of the City of Bremerton, and this ordinance shall take effect immediately following passage and publication. APPROVED by the City Council on this , 1988. HANK WAIBEL President, City Council APPROVED this \~ day of ~C~ , 1988. G~ LOBE, Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk ORDINANCE NO. 4159 PUBLISHED: MAY 21, 1988