HomeMy WebLinkAbout1225ORDINANCE NO.
AN ORDINANCE relating to weeds, vegetable and horticultural
1 growths upon private property obstructing streets, sidewalks and
sidewalk areas, and creating a menace to public health, safety and
welfare, providing for the compelling of the removal thereof by
`property owners, the removal thereof by the City of Port Angeles
at the expense of property owners, providing for the declaration
of nuisances, providing for the enforcement of this ordinance and
fixing penalties.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PORT
ANGELES as follows:
SECTION 1. From and after the effective date of this ordi-
nance, it shall be unlawful for the owner or occupant of any prop-
erty in the City of Port Angeles to grow, maintain, permit or allow
any weed, vegetable or horticultural growth which shall overhang,
encroach upon, obstruct or in any manner interfere with the full and
free use by the public of any street, sidewalk or sidewalk area up-
on which such property so owned or occupied shall abut, or to per-
mit any such weed, vegetable or horticultural growth which has
'grown and died upon any premises owned or occupied by them within
the City of Port Angeles and which constitute a menace to the pub-
lic health, safety or welfare, including but not limited to a fire
hazard, to remain upon such street, sidewalk, sidewalk area or
premises after notice from the City to correct such situation as
hereinafter provided.
SECTION 2. For the purposes of this ordinance the terms
°weed ", "vegetable growth" and "horticultural growth" shall include
but not be limited to trees, plants, shrubs, bushes, flowers, gar-
den vegetables and grasses and shall further include all growths of
every kind and character, whether domestic or wild, causing the ob-
struction or interference or menace hereby prohibited.
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SECTION 3. Upon the existence of any condition described
in Sections 1 and 2 hereof, the City Commission shall direct the
Chief of the Fire Department of the City to give written notice to
the owner or occupant of such premises that on a regular meeting
date of the Commission, not less than five (5) days subsequent to
the date of such notice, the Commission will adopt a resolution
declaring such condition to constitute a public nuisance,unless
such owner or occupant shall appear before the Commission on the
date fixed in such notice and show good cause why such resolution
should not be adopted. Such notice shall contain a description by
street address or legal description of the property involved and
shall briefly describe the condition complained of.
If at the time fixed in such notice or there-
after, the Commission shall determine that the condition complained
of should be corrected, it shall adopt a resolution declaring such '
condition to be a public nuisance, which resolution shall require ,
the owner or occupant of such premises to correct such condition,
by removing, destroying, changing or controling such weeds, vege-
table or horticultural growth, or by taking such other and further
steps as may be necessary to eliminate such nuisance, and shall
provide that in the event of the failure of the owner or occupant
of such premises to correct such condition within thirty (30) days
from the date of such resolution, the same will be corrected by
the City of Port Angeles at the expense of such owner or occupant,
and that the cost thereof shall be and remain a lien upon such
premises until paid. Such resolution shall describe the premises
involved by either street address or legal description and shall
briefly describe the condition found to be a nuisance.
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SECTION 4. That it shall lob the duty of the Chief of the
Fire Department of the City of Port Angeles to forthwith, upon the
passing of such resolution, mail by United States mail, addressed
' to the owner or occupant of such premises, at his last known post
office address, a copy of such resolution, which shall be due and
legal notice to such owner or occupant to correct such condition
as herein provided; that upon the failure of any such owner or
occupant to so correct such condition for a period of thirty (30)
days, the City of Port Angeles may proceed to correct such condi-
tion at the cost and expense of such owner or occupant, and such
cost and expense shall be and remain a lien in the amount thereof
!upon the premises described in such resolution in favor of the.City
of Port Angeles until paid.
SECTION 5. Notice that a lien is claimed by the City of
Port Angeles upon any such premises shall be filed with the Audi-
tor of Clallam County within ninety (90) days from and after the
completion by said City of the work necessary to correct such con-
dition, and in the event of non- payment, shall be foreclosed in
the manner provided by law for the foreclosure of liens for labor
and material.
SECTION 6. Any person violating this ordinance or any pro -
vision thereof or in any manner obstructing or interfering with the
City of Port Angeles or its officers or employees in enforcing any
of the provisions hereof shall be guilty of a misdemeanor, and up-
on conviction thereof shall be punished by a fine of not more than
One Hundred Dollars (0100.00) or imprisonment in the City jail for
not more than thirty (30) days, or by both such fine and imprison-
s
ment.
SECTION 7. All ordinances and parts of ordinances in con-
flict herewith are hereby repealed.
Section 8. This ordinance shall be in full force and effect
thirty (30) days after its passage and publication in the manner
provided by law.
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Passed first reading
Passed second reading
Passed third and final reading
ATTEST:
APPROVED AS TO FORM:
Ci y Attorney
, 1950.
, 1950.
1 1950.
rullished May 5 /75-a