HomeMy WebLinkAbout2364 ORDINANCE NO. 2364
AN ORDINANCE relating to the removal of trees, shrubs, plants, weeds
and vegetation which interferes wit'h the free use of sidewalks and streets,
the expense of which to Se borne by the abutting owner and providing pen-
alties for violations.
THE CITY OF BREI,~ERTON WES ORDAIN:
Section 1. REMOVAL OF TREES AND SHRU~S O~STRU'CTING SIDEWALK OR
STREET. The owner of any property within the City of Bremerton shall
move or 5estroy all trees, plants, shrubs or vegetation, or any parts
thereof, wh.~ch overhang any sidewalk or street or which are situate on
said property or on the portion of 'the street or sidewalk abutting there-
on; in such a 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
part of any public utlllty situate in said street.
Section 2. NOTICE TO RE~,~OVE. That whenever in the opinion of the
0ity Engineer of 'the City of Bremerton, any trees, plants, shrubs or vege-
tation or parts thereof, should be removed or destroyed for any of the rea-
sons set for'th in Section 1 hereof he 'shall cause a notice to b e served on
the ow~,er of said property in the manner hereinafter set forth. Such not-
ice shall describe the property involved and the condition to be corrected
and shall require that the owner cause the condition to be corrected with-
in such oeriod of' time as shall 0e designated in said notice. The notice
shall further provide 'that ii' said condition is not corrected within the
time specified, that after the termination of said psriod of time and on a
date specified in such no~ice, a resolution will be presented to the City
Council to provide for the removal or destriction of said trees, plants,
shrubs, vegetation or parts thereof, and ohe cost of' said removal or des-
truction become a charge against the owner and a lien a~/ainst the property.
Section 3. SERVICE OF NOTICE. The notice provided for in Section 2
hereof' shall be served 0y delivering the notice or a copy ther=oI to the
owner personally or by leaving the same at his place of residence with a
person of suitable age or discretion or if said owner is not a resident of
the City of Bremerton ~y leaving the same with the agent handling said pro-
perty or the tenant in po~;session thereof, or if there be no such a~:;dent or
'tenant, by pos'~ing a copy of the notice in a conspicuous place on the pre-
mises involved and mailing a copy thereof to the owner at his last known
place of residence, if any.
Section 4. HEARING BY CITY COUNCIL. If the conditions described in
said notice have not been corrected [0riot to the time specified therein, a
resolution shall be presented to the City Council on the date designated
in the notice therefore, which resolution shall provide t~at the Department
of the City of Bremerton, nmmed therein shall after the date s.et th~:~rein
forthwith cause the removal or destruction of -the vegetation, ~r any part
thereof, as specified or complained of in said notice. Upon introduction
of 'the resolution, the owner shall be entitled to be heard and to showcause
if any, why the vegetation or such part thereof should not '~e removed or
destroyed. The finding of the City Council determining that the v e~jetation
described in the notice is or is not a nuisance shall be conclusive. If
the City Council finds that the same is a nuisance and the owner has appear-
ed at the hearing: thereon, the owner may in the discretion of the Council
be given such additional time as may be specified by theCouncil to abate the
nuisance.
Section ~. COSI' OF REd, OVAL. That whenever, after authoriza~ion by
resolution of the City Council, any trees, plants, shrubs or vegetation, or
parts thereof, are removed or dest~oyed, 'the department causing the removal
or destruction thereof shall keep an accurate record of the necessary costs
thereof and said shall become a charge a~,ainst the owner and a lien against
the property as authorized by Chapter 115 of the Laws of Washington, 1~.
Section ~. LIEN. '~'hat notice o~' the lien herein authorize~ shall as
nearly as practicable be in su~stantial!y the same form, filed with the
same officer within the same time and manner anm enforced and foreclosed as
is provided by law for liens ~'or labora~d material.
Section 7. FAILURE ~r0 REMOVE-PENALTY. That the ownin~ or maintaining
of any trees, plan~s, shrubs, vegetation or parts thereof, in the manner des-
cribed in Section 1 hereof ~s hereby declared to be a public nuisance. Any-
one violating ~he provisions of this Ordinance by failing to abate such nui-
sance within the time soecified in the ~otice hereinbefore descrdbed or with-
in ~ao time set by resolution of the City Council, whichever time may be
later, shall upon conviction thereof be guilty of a misdemeanor an~ s~all be
ORDINANCE NO. 2364 (Con't)
punished by a fine not exceeding Three Hundred Dollars (~300.00) or by im-
prisonment in the City Jail ['or a perio5 not exceeding ninety days, or by
both such fine and imprisornment.
APPROVED on first reading this 26th day of August, 1959.
PASSED on second reading by the City Council of the City of Bremerton
signed by the ~[ayor and attested by the City Clerk in authentication of
such passage this 2nd day of September, 1959.
ATTEST: 'H.O~. DOMSTAD, Mayor
E.H.T. McGowan, Cit~y Clerk