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HomeMy WebLinkAbout5654 ORDINANCE NO. 5 6 5 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW SECTION 8.20.025 OF THE AUBURN CITY CODE, RELATING TO UNCONTROLLED WEEDS AND VEGETATION WHEREAS, the City code currently provides for certain responsibilities by property owners to maintain grass, weeds and brush growing around their property, which requires that the grass, weeds or brush not attain a height of over six (6) inches; and, WHEREAS, the City code also provides development regulations, requiring under certain circumstances, that developers install vegetation along the property subject of their development; and WHEREAS, in order to assure that the requirement for maintaining the vegetation that is required to be installed is adequately provided, it is appropriate that the City code be amended to include language addressing such provisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Purpose. That a new Section 8.20.025 is added to Chapter 8.20, Weeds to read as follows: Ordinance No. 5654 4/5/02 Page 1 Chapter 8.20 WEEDS Sections: 8.20.010 Cutting - Required. 8.20.020 Cutting frequency. 8.20.025 Uncontrolled weeds and vegetation on business properly. 8.20.030 Violation - Penalty. 8.20.040 Removal - City action. 8.20.050 Removal - Cost - Payment. 8.20.010 Cutting - Required. Every person owning, occupying or controlling any premises fronting on any street, alley or public place in the city limits shall cut or cause to be cut all grass, weeds and brush growing on such frontage, as often as the same may require cutting, to the end that such grass, weeds or brush shall not attain a height of over six inches. Every person who permits grass, weeds or brush to grow to a height exceeding six inches between the property line of such property and the street shall be in violation of this chapter. (Ord. 4504 § 9, 1991; Ord. 2981 § 2, 1976.) 8.20.020 Cutting frequency. Every person owning, occupying or controlling any lot or lots within the city limits shall cause all grass, weeds, brush and other noxious growths to be cut thereon as often as the same may require cutting to prevent the same from attaining the height of over six inches. (Ord. 4040 § 7, 1985.) 8.20.025 Uncontrolled weeds and veoetation on business property. It is unlawful for any person to permit or allow weeds or vegetation to become uncontrolled on any business property within the City over which he or she has ownership, occupancy or control. "Uncontrolled weeds or vegetation" shall be defined as follows: ^. Any undesired, uncultivated and unsightly plants growing in profusion so as to crowd out desired plant qrowth or disfigure a lawn; or B. Anyvegetation growth, including but not limited to weed, qrasses, bushes, hedges and trees or tree branches, which obstructs the vision of people in vehicles or on sidewalks or rights-of-way so as to interfere with the safe, full and free use of any street, sidewalk or right-of- way within the City; or C. Any vegetation growth that creates a fire or other safety hazard. 8.20.030 Violation - Penalty. The code enforcement official, or his designee, pursuant to the provisions of Chapter 1.25 ACC, is authorized and empowered to notify the owner of any open or vacant private property within the city or the agent of such owner to properly cut and remove all grass, weeds and brush growing in violation of ACC 8.20.010 and 8.20.020 which is dangerous to public health, safety and welfare. (Ord. 4504 § 10, 1991; Ord. 4040 § 2, 1985.) 8.20.040 Removal - City action. Ordinance No. 5654 4/5/02 Page 2 Upon the failure, neglect or refusal of any owner or agent so notified to properly cut and dispose of grass, weeds and brush dangerous to the public health, safety or welfare within the time specified in the notice provided in ACC 8.20.030, the code enforcement official is authorized and empowered to pay for the disposing of such grass, weeds and brush and to order its disposal by the city. (Ord. 4504 § 11, 1991; Ord. 4040 § 3, 1985.) 8.20.050 Removal - Cost - Payment. When the city has effected the removal of said grass, weeds or brush, any penalty assessed pursuant to Chapter 1.25 ACC shall include the city's actual costs. (Ord. 4504 § 12, 1991; Ord. 4040 § 4, 1985.) Section 2. Constitutionality or Invalidity. If any section, subsection clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as provided by law. INTRODUCED: April 15, 2002 PASSED: A~ril 15, 2002 APPROVED: April 15, 2002 PETER B. LEWIS MAYOR Ordinance No. 5654 4/5/02 Page 3 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Hei ,~-- ,- - v City Attorney Ordinance No. 5654 4/5/02 Page 4