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HomeMy WebLinkAbout6515 ORDINANCE NO. 6 5 1 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 8.20.010 OF THE AUBURN CITY CODE RELATING TO VEGETATION AS A NUISANCE WHEREAS, the current provisions of the Auburn City Code (ACC) include provisions dealing with a variety of vegetation related code enforcement issues, but do so in ways that distinguish different types of parcel configurations - tracks, lots, etc.; and WHEREAS, in order to fully empower the City's code enforcement officers the ability to address instances where vegetation is a nuisance, the distinction of how a parcel is described in a plat should not be a barrier to enforcement; and WHEREAS, the proposed amendment to section 8.20.010 of the City Code clarifies the description of land so that its description in the plat - how a parcel is described - does not prevent enforcement of vegetation nuisances. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Section 8.20.010 of the Auburn City Code be, and the same hereby is, amended to read as follows: 8.20.010 Vegetation as a nuisance. Vegetation left uncut and/or in an unkempt stage may cause safety hazards, fire hazards, and/or pest harborages, and may interfere with, annoy, injure or endanger the comfort, repose, health or safety of others, or unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, street or highway; or in any way render other persons insecure in life, or in the use and enjoyment of property, thus constituting a public nuisance. A. Trees, plants, bushes, shrubs, vines, other vegetation or parts thereof which overhang any sidewalk, street, alley or other public way which are growing in such a manner as to cause a sight distance hazard or to obstruct or impair the full use of the sidewalk, street, alley or other public way are declare to be a public nuisance. - - - - - - - - - - - - - - - - Ordinance No. 6515 June 10, 2014 Page 1 of 3 B. Trees, plants, bushes, shrubs, grasses, vines, other vegetation or parts thereof that are growing and/or grown and died and are now causing a fire hazard or menace to public health and safety, or are degrading or causing a decline of the character of the neighborhood are also declared to be a public nuisance. C. Grasses (lawn) within the yards of occupied residential properties which are not maintained at a height of six inches or less are also declared to be a public nuisance; provided, that property within the R R rural residential RC Residential Conservancy zone shall be exempt from the provisions of this paragraph. D. Grasses, ground cover, and/or vines on vaEant lots, parcels, tracts or other property divisions, whether or not they are buildable, that are within or adjacent to developed areas which are not used for agricultural purposes, and are not part of a wetland or other sensitive environmental system, which are not maintained at a height of 12 inches or less are also declared to be a public nuisance; provided, that property within the R R n,ral residential RC Residential Conservancy zone shall be exempt from the provisions of this paragraph. E. Failure to maintain the trees, shrubs, ground cover, or grass of any landscaped area (that was required by the city to be planted) in a healthy, living condition shall be a public nuisance. Failure to replace any tree or shrub that has died is a public nuisance. It is also a public nuisance if landscaped areas are overgrown with weeds or un-maintained grass. F. Any pruning of trees or shrubs (that were required by the city to be planted) shall be for the purpose of maintaining the tree or shrub in a healthy growing condition and/or to enhance its natural growing form. Excessive pruning of trees or shrubs that adversely affects the healthy living condition of the plant or excessively damages the natural growing form of the plant shall be a public nuisance; unless such pruning is done to alleviate documented public health and safety concerns. (Ord. 5747 § 3, 2003, Ord. 4504 § 9, 1991; Ord. 2981 § 2, 1976.) G. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application - - - - - - - - - - - - - - - - Ordinance No. 6515 June 10, 2014 Page 2 of 3 thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: JUN 16 2014 PASSED: JUN 16 2014 APPROVED: JUN 16 2014 CITY OF AUBURN NANC CKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APP ED TO FORM: Daniel B. Heid, City Attorney Published:=,,, - - - - - - - - - - - - - - - - Ordinance No. 6515 June 10, 2014 Page 3 of 3