Loading...
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. • v c•-,-e6040 * /8 �0 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. &- ( /85c- 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. • • 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