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HomeMy WebLinkAbout2017-025 Hazardous Vegetation; YMC Amendment 11.10.060ORDINANCE NO. 2017-025 AN ORDINANCE amending the City of Yakima Municipal Code Chapter 11.10.060 Definitions to add a definition of Hazardous Vegetation and amend the definition of Nuisance to include hazardous vegetation. WHEREAS, dry, combustible vegetation is hazardous and can cause significant damage to property and residents of Yakima; and WHEREAS, Chapter 11.10 allows the City to take immediate actions when there is an imminent danger; and WHEREAS, the City, through code enforcement under Chapter 11.10, strives to work with property owners to abate nuisances rather than pursue other legal remedies; and WHEREAS, there is currently no established height of vegetation that automatically triggers a nuisance finding; and WHEREAS, an established height that qualifies as a nuisance will aid in code enforcement by providing residents with a standard and specific height at which combustible vegetation becomes a nuisance which must be addressed; and WHEREAS, not all vegetation is hazardous and a definition of hazardous vegetation, which constitutes a nuisance, should be added to the code; and WHEREAS, these changes will enhance the public's health and safety because hazardous vegetation that is combustible is a threat to people and property; and WHEREAS, the City Council finds that it is in the best interests of the residents and the City of Yakima to amend Chapter 11.10 to add a definition of hazardous vegetation that specifies a height limitation, and to amend the definition of nuisance to include specifically hazardous vegetation; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 11.10.060 of the Yakima Municipal Code is hereby amended to read as follows: 11.10.060 Definitions. Unless specifically defined below or unless context clearly requires a different meaning, terms used in this chapter shall have the meaning given them by the currently adopted edition of the International Building Code. Gender and number shall be interchangeable. Defined terms or concepts from Titles 11, 12, 14, and 15 of this code shall apply generally to this chapter. (1) "Abandoned" refers to any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which reasonably appears not to be presently possessed by any person. Examples of real or personal property that may reasonably appear abandoned include, without limitation, dwellings, buildings, structures, and other premises where utilities are disconnected, debris is accumulated, uncleanness or disrepair is evident, or where items of personal property are located in places where such items are not normally kept or used. (2) "Abatement" means the correction or elimination of conditions that render dwellings unfit for human habitation, or that render buildings, structures, and premises, or portions thereof, unfit for other uses, or are otherwise in violation of this chapter. (3) "Appeal decision -maker" means the hearing examiner. (4) "Board" means the community review board established under this chapter, particularly under YMC 11.10.400 and 11.10.410. (5) "Boarded -up building" means any unoccupied building the exterior openings of which are closed by extrinsic materials or devices installed on a long-term, rather than brief temporary basis, giving to the building the appearance of nonoccupancy or nonuse for an indefinite period of time. YMC 11.10.230 provides criteria that regulate how dwellings, buildings, and structures may be properly secured against unlawful entry, and otherwise maintained consistent with public health, safety and welfare and the provisions and purposes of this chapter. (6) "Building" means any building, dwelling, structure, or mobile home, factory - built house, or part thereof, built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind. (7) "City council" means the city council of the city of Yakima. (8) "Costs" means the city's actual expenses incurred to correct illegal conditions pursuant to the provisions of this chapter plus the administrative fee provided herein. (9) "Director" means the director of community development, or his/her designee. (10) "Hazardous vegetation" means vegetation that is dry and combustible exceeding twelve (12) inches in height which may cause a fire hazard to the immediate and surrounding areas. Hazardous vegetation includes, but is not limited to, trees, shrubs, grass, weeds, bushes, vines and other plant materials, including but not limited to clippings, fallen leaves or branches. (11) "Health officer" means the head of the Yakima district health department, or his/her authorized deputies or representatives. (12) "Illegal conditions" means those conditions at a property, dwelling, structure or premises that violate this chapter. (13) "Imminent danger" means an immediate exposure or liability to injury, harm or loss. (14) "Interested person" or "interested party" means any person entitled to notice or a notice and order issued by the director under YMC 11.10.320. (15) "Nuisance" includes: (a) a nuisance defined by statute or ordinance; (b) a nuisance at common law, either public or private; (c) an attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them, including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris; (d) hazardous vegetation; (e) uncleanness or whatever is dangerous to human life or detrimental to health; (f) overcrowding; or (g) abandonment or vacancy. (16) "Owner" means the owner of the real property on which any illegal condition is occurring, as listed in the real property records of the Yakima County auditor's office, or who establishes his/her ownership interest before the director, board, or hearing examiner. For the purpose of giving notice, the term "owner" also includes any person in physical possession of the real property on which any illegal condition is occurring. (17) "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. (18) "Repeat violation" means a violation by the same person of the same regulation in any location for which voluntary compliance has been sought within two years, or for which a notice and order has been issued within two years. (19) "Subject property" means the real property, dwelling, building, structure and/or premises that are the subject of investigation or an enforcement action pursuant to this chapter. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 19th da of September, 2017. ATTEST: /Sonya Claar Tee, City Clerk Publication Date: September 22, 2017 Effective Date: October 22, 2017 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.D. For Meeting of: September 19, 2017 Ordinance amending YMC 11.10.060 to add a definition of Hazardous Vegetation and amend the definition of Nuisance to include hazardous vegetation Joe Caruso, Code Administration Manager Sara Watkins, Assistant Senior City Attorney SUMMARY EXPLANATION: The Yakima Municipal Code allows the code enforcement officers to address weeds and other attractive nuisances in Yakima. Over the past summer, there has been an increased threat of fire due to the growth of vegetation after a wet winter and subsequent drying of said vegetation during the hot summer. The Codes division received hundreds of calls complaining of dry vegetation on properties throughout the City of Yakima. The Yakima Municipal Code, however, does not provide a definition of "hazardous vegetation" or a length at which vegetation becomes a nuisance. The proposed ordinance adds a definition of hazardous vegetation, noting that vegetation in excess of 12 inches in height which may cause a fire hazard to the immediate and surrounding areas is considered hazardous. The ordinance also adds hazardous vegetation to the list of property conditions constituting a nuisance under Chapter 11.10. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass ordinance. BOARD/COMMITTEE RECOMMENDATION: 2 The City Council held a study session on this matter on August 22, 2017 and recommended that the amendment be brought to the Council for approval at its next business meeting. ATTACHMENTS: Description Upload Date Type • memo ha/cartes wgrialed 417;2017 Odor Memo D ordnance Jwarecus %/rig Thgehghter1 97/2017 Ordnance D ordnance oh -acacia's dy _clean d17/2017 Ordnance. 3 Memorandum August 22, 2017 TO: Honorable Mayor and Council FROM: Joe Caruso, Code Administration Manager/Fire Marshal SUBJECT: Fire Hazardous Vegetation The devastating fires in Yakima County and throughout the State of Washington have caused significant damages to land and property. With an extremely wet winter and spring, and weeks of high summer temperatures, complaints of excessive overgrown vegetation have risen dramatically. Code Compliance Officers within the Code Administration Division are responsible for enforcement of overgrown vegetation complaints. Enforcement options do already include the writing of a civil infraction due to Limited Commissions for code compliance officers and the manager under Title 6, Title 11 and Title 15 of the Yakima Municipal Code if all other means do not work. Currently, the following Yakima Municipal Codes are in place: Overgrown Excessive Vegetation. • 2015 International Fire Code Section 304 Combustible Waste Material Chapter 304.1.2 Vegetation Vegetation...Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban-wildland interface areas shall be in accordance with the International Wildland-Urban Interface Code. • YMC Chapter 11.10 Neighborhood Conservation Section 11.10.060 "Nuisance" "Nuisance" includes (a) a nuisance defined by statute or ordinance; (b) a nuisance at common law, either public or private; (c) an attractive nuisance, whether in or on a building, a building premises or an unoccupied lot. Abandoned or inoperative vehicles or other equipment, lumber, fencing; vegetation or other debris • YMC Chapter 11.10 Neighborhood Conservation Section 11.10.020 "Emergencies" The provision of this chapter shall not prevent the Director or any other officer of the City Of Yakima or other governmental unit from taking any other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property. 4 Currently, staff has the authority to declare a parcel an "Imminent Danger" under the Emergencies Section in 11.10.020. If such a declaration is made and the property owner is notified, and there is no return communication with the property owner after 24 hours, an authorized contractor may be hired to abate the violation. In these cases, the costs are billed to the property owner. The parcel owner has thirty days to address the bill and, after thirty days, a Community Review Board hearing is scheduled as part of our process to capture any costs incurred by the City of Yakima to abate the violation under Chapter 11.10.410. After reviewing current code, staff has recognized that it would be advisable to add to the definition in Chapter 11.10.060 a height requirement of "12" inches under "Nuisance" to clearly identify the violation. In addition, or in the alternative, a provision in Chapter 6.56 to include vegetation as a violation along with a "12" inch requirement would provide another options to code enforcement officers to address these issues. These additions would help ensure that the enforcement of these code was done in a more consistent fashion as compliance officers would have a fixed standard to review complaints. This would improve our ability to abate dangerous situations that potentially put property and lives in danger. One other option would be to specify that only vegetation meeting the criteria of over "12" inches and dried out (white or yellow in color) and determined to be a fire load which could travel at a rapid speed if ignited, would rise to the level an "Imminent Danger." Code enforcement officers do not address aesthetic complaints from neighbors about grasses or weeds. Complaints dealing with possible fire hazards are addressed seriously by code enforcement officers. 5 ORDINANCE NO. 2017 - AN ORDINANCE amending the City of Yakima Municipal Code Chapter 11.10.060 Definitions to add a definition of Hazardous Vegetation and amend the definition of Nuisance to include hazardous vegetation. WHEREAS, dry, combustible vegetation is hazardous and can cause significant damage to property and residents of Yakima; and WHEREAS, Chapter 11.10 allows the City to take immediate actions when there is an imminent danger; and WHEREAS, the City, through code enforcement under Chapter 11.10, strives to work with property owners to abate nuisances rather than pursue other legal remedies; and WHEREAS, there is currently no established height of vegetation that automatically triggers a nuisance finding; and WHEREAS, an established height that qualifies as a nuisance will aid in code enforcement by providing residents with a standard and specific height at which combustible vegetation becomes a nuisance which must be addressed; and WHEREAS, not all vegetation is hazardous and a definition of hazardous vegetation, which constitutes a nuisance, should be added to the code; and WHEREAS, these changes will enhance the public's health and safety because hazardous vegetation that is combustible is a threat to people and property; and WHEREAS, the City Council finds that it is in the best interests of the residents and the City of Yakima to amend Chapter 11.10 to add a definition of hazardous vegetation that specifies a height limitation, and to amend the definition of nuisance to include specifically hazardous vegetation; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 11.10.060 of the Yakima Municipal Code is hereby amended to read as follows: 11.10.060 Definitions. Unless specifically defined below or unless context clearly requires a different meaning, terms used in this chapter shall have the meaning given them by the currently adopted edition of the International Building Code. Gender and number shall be interchangeable. Defined terms or concepts from Titles 11, 12, 14, and 15 of this code shall apply generally to this chapter. (1) "Abandoned" refers to any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which reasonably appears not to be presently possessed by any person. Examples of real or personal property that may reasonably appear abandoned include, without limitation, dwellings, 6 buildings, structures, and other premises where utilities are disconnected, debris is accumulated, uncleanness or disrepair is evident, or where items of personal property are located in places where such items are not normally kept or used. (2) "Abatement" means the correction or elimination of conditions that render dwellings unfit for human habitation, or that render buildings, structures, and premises, or portions thereof, unfit for other uses, or are otherwise in violation of this chapter. (3) "Appeal decision -maker" means the hearing examiner. (4) "Board" means the community review board established under this chapter, particularly under YMC 11.10.400 and 11.10.410. (5) "Boarded -up building" means any unoccupied building the exterior openings of which are closed by extrinsic materials or devices installed on a long-term, rather than brief temporary basis, giving to the building the appearance of nonoccupancy or nonuse for an indefinite period of time. YMC 11.10.230 provides criteria that regulate how dwellings, buildings, and structures may be properly secured against unlawful entry, and otherwise maintained consistent with public health, safety and welfare and the provisions and purposes of this chapter. (6) "Building" means any building, dwelling, structure, or mobile home, factory - built house, or part thereof, built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind. (7) "City council" means the city council of the city of Yakima. (8) "Costs" means the city's actual expenses incurred to correct illegal conditions pursuant to the provisions of this chapter plus the administrative fee provided herein. (9) "Director" means the director of community development, or his/her designee. (10) "Hazardous vegetation" means vegetation that is dry and combustible exceeding twelve (12) inches in height which may cause a fire hazard to the immediate and surrounding areas. Hazardous vegetation includes, but is not limited to, trees, shrubs, grass, weeds, bushes, vines and other plant materials, including but not limited to clippings, fallen leaves or branches. (11) "Health officer" means the head of the Yakima district health department, or his/her authorized deputies or representatives. (12) "Illegal conditions" means those conditions at a property, dwelling, structure or premises that violate this chapter. (13) "Imminent danger" means an immediate exposure or liability to injury, harm or loss. 7 (14) "Interested person" or "interested party" means any person entitled to notice or a notice and order issued by the director under YMC 11.10.320. (15) "Nuisance" includes: (a) a nuisance defined by statute or ordinance; (b) a nuisance at common law, either public or private; (c) an attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them, including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris; (d) hazardous vegetation; (e) uncleanness or whatever is dangerous to human life or detrimental to health; (f) overcrowding; or (g) abandonment or vacancy. (16) "Owner" means the owner of the real property on which any illegal condition is occurring, as listed in the real property records of the Yakima County auditor's office, or who establishes his/her ownership interest before the director, board, or hearing examiner. For the purpose of giving notice, the term "owner" also includes any person in physical possession of the real property on which any illegal condition is occurring. (17) "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. (18) "Repeat violation" means a violation by the same person of the same regulation in any location for which voluntary compliance has been sought within two years, or for which a notice and order has been issued within two years. (19) "Subject property" means the real property, dwelling, building, structure and/or premises that are the subject of investigation or an enforcement action pursuant to this chapter. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 19th day of September, 2017. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 7 (14) "Interested person" or "interested party" means any person entitled to notice or a notice and order issued by the director under YMC 11.10.320. (15) "Nuisance" includes: (a) a nuisance defined by statute or ordinance; (b) a nuisance at common law, either public or private; (c) an attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them, including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris; (d) hazardous vegetation; (e) uncleanness or whatever is dangerous to human life or detrimental to health; (f) overcrowding; or (g) abandonment or vacancy. (16) "Owner" means the owner of the real property on which any illegal condition is occurring, as listed in the real property records of the Yakima County auditor's office, or who establishes his/her ownership interest before the director, board, or hearing examiner. For the purpose of giving notice, the term "owner" also includes any person in physical possession of the real property on which any illegal condition is occurring. (17) "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. (18) "Repeat violation" means a violation by the same person of the same regulation in any location for which voluntary compliance has been sought within two years, or for which a notice and order has been issued within two years. (19) "Subject property" means the real property, dwelling, building, structure and/or premises that are the subject of investigation or an enforcement action pursuant to this chapter. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 19th day of September, 2017. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: