HomeMy WebLinkAbout4822ORDINANCE NO. ~,~k
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 9.14 of the Bremerton
Municipal Code relating to removal of nuisance vegetation and the
enforcement of code violations relating to the same including
enforcement pursuant to Chapter 1.04 BMC.
WHEREAS, the current provisions of Chapter 9.14 of the Bremerton Municipal
Code relating to vegetation result in ineffective enforcement of nuisance violations; and
WHEREAS, the City Council desires to update the Chapter 9.14 of the Bremerton
Municipal Code in order to provide more effective enforcement of nuisance violations, including
enforcement pursuant to Chapter 1.04 BMC; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.14 of the Bremerton Municipal Code entitled
"Vegetation" is hereby amended to read as follows:
Chapter 9.14
NUISANCE VEGETATION
9.14.005 PURPOSE.
This chapter is an exercise of the City's police power to protect the 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 ~ occupant or other person in control of the property 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.
Nuisance Vegetation
9.14.010 NUISANCE DECLARED.
(a) The owner or occupant or other person in control of any property within thc city
shall remove or destroy all trees, plants, shmbs or vegetation, or any parts thereof, which
overhang any sidewalk at a clearance height of less than eight (8) feet or street at a clearance
height of less than sixteen (16) feet or which are situate on the property or on the portion of the
street or sidewalk abutting thereon, in such manner as to obstmcl 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 or other person in control
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, cut vegetation, blackberry vines, and organic debris, which constitutes a fire
hazard, or provides a harborage for rats, rodents or horticultural pests or otherwise constitutes a
health hazard.
(3) Noxious and poisonous plants, including poison ivy, poison oak, poison
hemlock, poison sumac, nettles and nightshade.
(4) Dead, decayed, diseased or hazardous trees.
9.14.018 EXEMPTIONS.
The following are exempt from the application of Section 9.14.010(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.
(3) Wetlands and critical areas designated fbr protection under the Growth
Management Act, Chapter 36.07A RCW.
(4) Parcels of land greater than 13,000 square feet, provided the perimeter 50
feet of these parcels must be maintained in compliance with section 9.14.010.
Nuisance Vegetation
9.14.020 NOTICE TO REMOVE.
Whenever in the opinion of the c,~; v.~ ....... ode enforcement officer, any tree~, plants,
shrubs or vegetation or parts thereof, should be removed or destroyed for any of the reasons set
forth in Section 9.14.010 he or she shall cause a notice to be served on the owner or occupant or
other person in control of the property in the manner hereinafter set forth. Such notice shall
describe the property involved and the condition to be corrected and shall require that the owner
or occupant or other person in control of the property cause the condition to be corrected within
such period of time as shall be designated in the notice. The notice shall further provide that il'
the condition is not corrected within the time specified, that after the termination of such period
of time and on a date specified in the notice, a resolution will be presented to the city council to
provide for the removal or destruction of the trees, plants, shrubs, vegetation or parts thereof, and
the cost of that removal or destruction become a charge against the owner and a lien against the
property. Additionally, when enforcement of tiffs Chapter is pursued pursuant to Chapter 1.04
BMC, the owner or occupant or other person in control of the property are subiect to the
enforcement provisions and remedies set forth therein.
9.14.030 SERVICE OF NOTICE.
The notice provided for in Section 9.14.020 shall be served by delivering the notice
1.04 BMC.or
pursuant to requirements for service of notice set forth in Chapter
9.14.040 HEARING BY CITY COUNCIL.
if the conditions described in the notice have not been corrected prior to the time
specified therein, a resolution shall be presented to the city council on the date designated in the
notice therefor, which resolution shall provide that the department of the city, named therein
shall after the date set therein forthwith cause the removal or destruction of the vegetation, or any
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Nuisance Vegetation
part thereof, as specified or complained of in the notice. Upon introduction of the resolution, the
owner shall be entitled to be heard and to show cause, if any, why the vegetation or such part
thereof should not be removed or destroyed. The finding of the city council determining that the
vegetation 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 appeared at the hearing thereon, the owner
may in the discretion of the council be given such additional time as may be specified by the
council to abate the nuisance.
9.14.050 COST OF REMOVAL.
That whenever, after authorization by resolution of the city council, any trees, plants,
shrubs or vegetation, or parts thereof, are removed or destroyed, the department causing the
removal or destruction thereof shall keep an accurate record of the necessary costs, including
administrative charge, and shall become a charge against the owner and a lien against the
property as authorized by RCW 35.21.310, as now or hereafter amended.
9.14.060 LIEN.
Notice of the lien herein authorized shall as nearly as practicable be in substantially the
same form, filed with the same officer within the same time and manner and enforced and
foreclosed as is provided by law for liens for labor and material.
9.14.070 FAILURE TO REMOVE - PENALTY.
The owning or ~naintaining of any trees, plants, shrubs, vegetation or parts thereof, in the
manner described in Section 9.14.010 is hereby declared to be a public nuisance. Anyone
violating the provisions of this chapter by failing to abate such nuisance within the time specified
in the notice herein before described or within the time set by resolution of the city council,
whichever time may be later, shall upon conviction thereof be guilty of a misdemeanor and
subject to the provisions of BMC Chapter 1.12.
9.14.080 ALTERNATIVE ENFORCEMENT.
(a) In lieu of conducting a hearing, the City Council ma,/, b,/ resolution, forward any
violation of tiffs chapter to Chapter 1..04 BMC for enforcement.
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Nuisance Vegetation
(b) In lieu of and as an alternative to a hearing and Council resolution as provided lbr
in this chapter, any violation of any provision of this chapter may be enforced as a civil violation
under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be
required as provided therein.
(c) In addition to or as an alternative to an,/other penalty provided in this chapter or
by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor
pursuant to Section 1.12.020(2) BMC.
SECTION 2. Severabilitv. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the~d.~ day of (t~.e~ · ,2002
PASSED by the City Council the~.~12~ day of 5~--~_~'A ) ,2002
CAROL ARENDS, Council President
Approved this ~ day of ~~ ,2002
CARY BOZEMAN, Mayor
ATTEST:
ATHLEEN MCCLUSKISY, City Clerk
APPROVED AS TO FORM:
RO~ER A. LUBOVICH, City Attonm5)
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Nuisance Vegetation
PUBLISHED the~q.,~e~_ day of
EFFECTIVE the_Z~4.R~day of
ORDINANCE NO. '~'~,R
R:~LEGAL\Ordinances\Code Enforcement\Vegetation.doc
,2002
,2002
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Nuisance Vegetation
'.
AFFIDAVIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100032025
I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of
the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually
as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time,
was printed in an office maintained in the aforesaid place of publication of said newspaper; that the
following is a true text of a legal advertisement as it was published in regular issues (and not in
supplement form) of said newspaper on the following dates, to wit: November 5,2002; and that such
newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum of 43.71 amount has not een paid in full.
(Signature of Principal Clerk)
~_ 1"
6iUlti
Subscribed and sworn to before me this day of November 9,2002
Notary Public in and for the State of Washington, Kitsap County.
SUMMARY OF
ORDINANCE NO. 4822'
AN ORDINANCE of the City Council ofthe City of Bremerton, Washington, amending Chapter 9.14 of
the Bremerton Municipal Code relating to removal of nuisance vegetation and the enforcement of code
violations relating to the same including enforcement pursuant to Chapter 1.04 BMC.-
APPROVED by the City Council the 23rd day of October, 2002-
PASSED by the City Council the 30th day of October, 200T
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton,
WA 98337.-
November 5, 2002- - #100032025-