Weed Ordinance

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Last Updated on Wednesday, 17 December 2014 15:16

Weed Ordinance

Weed Ordinance

Chapter 5.32
Weeds Sections:

5.32.010
Definitions.
5.32.020
Owner's duty to control spread of noxious weeds.
5.32.030
Permitting accumulation unlawful.
5.32.040
Removal
--
Duty of owner.
5.32.045
Removal
--
Notice.
5.32.050
Complaint for noncompliance
--
Penalty for violation.
5.32.060
Hearings on contested cases of liability.
5.32.070
Entry upon property.
5.32.080
Fees for performance of enforcement
.
5.32.010 Definitions
Unless a different meaning is plainly
required by the context, the following words and phrases as
hereinafter used in this Chapter shall have the following meanings:
(1) "Agent" means any occupant or any other person acting for
the owner and working, or in charge of, the land.
(2) "Lot" or "land" means public or private property and the
paved or unpaved portion of a public right
-
of
-
way which abuts upon public or private property.
(3) "Noxious weed" or "weed" means any plant growing
in the city which is determined by the state noxious weed
control board to be injurious to crops, livestock, or
other property and which is included for purpose of
control on Whitman County's noxious weed list; or, if not
included on Whitman County's noxious weed list has been
designated for control by resolution of the City Council.
(4) "Owner" means the person in actual control of real
property, or his agent, whether such control is based on
legal or equitable title or on any other interest
entitling the holder to possession and, for purposes of
liability for payment pursuant to the provisions of this
Chapter means the possessor of legal or equitable title
or the possessor of an easement; provided, that when the
possessor of an easement has the right
to control or limit the growth of vegetation within the boundaries of
an easement, only the possessor of such easement shall be
deemed, for the purpose of this Chapter, an owner of the
property within the boundaries of such easement.
(5) "Person" means any individual, partnership, corporation,
firm, the state, or any department, agency, or
subdivision thereof, or any other entity.
(6) As pertains to the duty of an owner, the word "control"
and the term "prevent the spread of noxious weeds" means
conforming to the standards of noxious weed control or
prevention adopted by rule or regulation by the Whitman
County noxious weed control board. (Ord. 82
-
25 § 2, 1982).
5.32.020 Owner's duty to control spread of noxious weeds
. It shall be the duty of every owner and every owner shall perform, or
cause to be performed such acts as may be necessary to control and
to prevent the spread of noxious weeds from his property; and, the
failure to do so is unlawful. (Ord. 82
-
25 § 3, 1982).
5.32.030 Permitting accumulation unlawful
. It is unlawful for any owner of a lot or land within the city to permit or
maintain on any such lot or land living weeds included on the
Whitman County noxious weed list; or, which are included on the
state of Washington noxious weed list and have been designated by
resolution of the City Council for control although any such
noxious weed may not have been included on the Whitman County
noxious weed list. (Ord. 83
-
7 § 1, 1983; Ord. 82
-
25 § 4, 1982).

5.32.040 Removal
--
Duty of owner
. It shall be the duty of
every owner of any lot or land to cut and remove or eradicate or
cause to be cut and removed or eradicated from such property as
often as may be necessary all prohibited weeds, in order to comply
with the provisions of Section 5.32.030. (Ord. 82-25 § 5, 1982).

5.32.045 Removal
--
Notice
. If it appears to the satisfaction
of the director of public services that any provision of this
Chapter is being or has been violated the director of public
services shall serve written notice either personally or by
certified mail, return receipt requested upon the owner, or if the
owner cannot be located, the agent having the care or control of
the premises upon which the violation exists, which notice shall
state:
(1) the description of the property on which the alleged
violation has occurred; and
(2) the specific nature of that violation; and
(3) the section or sections of this Chapter alleged to be
violated; and
(4) the date by which the violating condition is to be
abated, which date shall not be less than seven days
after receipt of such notice by the offender; and
(5) that if removal or destruction of the violating condition
is not made by the owner within the time limit set forth
as provided for in subsection (4) of this section, that
then the director of public services will bring this
matter before the City Council, the date thereof to be
specified in the notice, and request of the City Council
the passage of a resolution authorizing the director of
public services to cause the removal or destru
ction of the violation; and
(6) that should the director of public services cause the
removal or destruction of the violating condition, the
cost thereof incurred by the city shall become a charge
against the owner of the property and a lien against the
property as provided for in R.C.W. 35.21.310 as that
section now exists or may hereafter be amended. (Ord. 85-9 § 1, 1985; Ord. 82-25 § 6, 1982).

5.32.050 Complaint for noncompliance
--
Penalty for violation
.
In the event any owner or agent to whom notice h
as been given does not do or cause to be done the abatement of the violating condition
as described in the notice within the time provided in the notice,
the city attorney may file a complaint in a court of competent
jurisdiction for failure to comply with
such notice of violation
and any owner found guilty of violating any provision of this
Chapter is guilty of a misdemeanor. (Ord. 82-25 § 7, 1982).

5.32.060 Hearings on contested cases of liability
. Any owner
who wishes to dispute the cost of weed control which has been
carried out on his land may request a hearing before the director
of public services. The owner shall file, with the director of
public services, a request in writing for a hearing within twenty
days after the city has mailed the demand
for payment to the owner.
The hearing shall be conducted within thirty days after receipt of
the request for hearing. The hearing shall be conducted informally
and the formal rules of evidence shall not apply. The director of
public services shall listen to whatever witnesses the owner might
wish to call and the director of public services shall, at the
conclusion of the hearing, determine whether or not the costs
assessed were proper. Such determination shall be final unless
that determination is appealed to a court of competent jurisdiction
within ten calendar days of the rendition thereof. (Ord. 82-25 § 8, 1982).

5.32.070 Entry upon property
. The director of public
services, or his designees, in the performance of his duties under
this Chapter may go upon any real property located within the city
at any reasonable time for any reason necessary to effectuate the
purposes of this Chapter, including but not limited to the taking
of specimens of weeds or other materials, general inspection, and
the performance of eradication or control work. (Ord. 82-25 § 9, 1982).

5.32.080 Fees for performance of enforcement
. The City
Council shall by resolution fix the fee or fees to be charged by
the city to any owner in the event that the city performs any
eradication, destruction, or removal services pursuant to the
provisions of this Chapter. (Ord. 82-25 § 10, 1982).