HomeMy WebLinkAbout1990-3236 Removal of potential fire hazard MO ORDINANCE NO 3 2 3 6
AN ORDINANCE relating to fire prevention; requiring property owners to
remove growing or dead vegetation and debris which
constitutes an existing or potential fire hazard or menace to
public health, safety or welfare; providing notice and
establishing a procedure for the removal of such vegetation
and debris; declaring failure to remove hazardous vegetation
a public nuisance subject to abatement and penalty; and
amending Section 10.05 100 of the City of Yakima Municipal
Code
BE IT ORDAINED BY THE CITY OF YAKIMA
Section 1_ Section 10 05 100 of the City of Yakima Municipal Code is
hereby amended to read as follows
10 15 100
Duty to _xemove hazaLsionA vegetation and Hebris--Procedure
411110 A nuty tm remove hRzkrdous vecietatinn and debris The owner
of any property within the City of Yakima shall remove from such property or
destroy any grass, weeds, shrubs, bushes, trees or vegetation growing, or
which has grown and died, thereon, and shall remove all debris therefrom, when
such growing or dead grass, weeds, shrubs, bushes, trees or vegetation, or
such debris, constitute an existing or potential fire hazard or a menace to
public health, safety or welfare as determined by the Yakima City Council in
accordance with the procedure provided by this section Provided, in lieu of
the foregoing requirement to remove or destroy a hazardous or potentially
hazardous condition on parcels of property two acres or larger in size and
separated by fifty feet or more from any structure, it shall constitute
compliance with requirements of this section to remove or destroy hazardous or
potentially hazardous grass, weeds, shrubs, bushes, trees, vegetation and
debris around the perimeter of such a parcel so as to provide and maintain a
fire break in accordance with requirements of the Code Administration Manager
or his designee
B NLIAIALta_remove-mNotice--hearing Proceedings to require the
removal or destruction of any grass, weeds, shrubs, bushes, trees, vegetation
or debris or part thereof, as required by Subsection A of this section, shall
be commenced by a written notice given by the Code Administration Manager, or
his designee, to the owner of the property involved, which notice shall be
substantially as appears below
41111/
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41111
The Code Administration Manager or his designee shall include a copy of this
ordinance with the notice Service of the notice shall be made in person on
the owner, or by United States certified mail, return receipt requested,
addressed to the owner at his last known address shown on the assessment roll
of the Yakima County Auditor. In the event the occupant of the premises is
someone other than the owner, a copy of such notice shall also be mailed to
that occupant at the address of the property involved
C k
City Council action - Public Nuisance In the event the
condition described in a preliminary notice is not corrected by the time set
for the hearing, pursuant to the notice in Subsection B of this section, the
Code Administration Manager or his designee shall report to the City Council,
on the date specified in the notice, the fact of the giving of the notice and
of non compliance therewith The report shall include the legal description
and street address of the property involved and a description of the condition
sought to be corrected with an estimate of the cost of performing that work
On the receipt of such report and after hearing any evidence which the subject
property owner may offer, the City Council may, by resolution authorize the
Code Administration Manager to remove, or cause the removal of, the grass,
weeds, shrubs, bushes, trees, vegetation or debris, or part thereof, growing
or existing on the property involved Such action shall not be commenced
until seven (7) days after the date on which such resolution is passed.
The condition(s) described in such resolution shall be deemed to be a
public nuisance subject to abatement according to the method described in this
section In addition, there is imposed a $500 civil penalty for each such
public nuisance in the event the City shall take action to abate it Such
penalty may be imposed on the property subject to abatement as part of the
lien authorized by Subsection D of this section or it may be collected by a
civil penalty action against the owner along with the actual cost of
abatement.
D Removal by City -- Lieu Upon such removal as authorized by
Subsection C, the actual cost thereof shall be a charge against the property
owner and shall constitute a lien against the property unless such cost is
otherwise collected as provided in Subsection C of this section Notice of
the lien hereby created shall be substantially in the same form as liens for
labor and material under the laws of the State of Washington and shall be
filed with the County Auditor of Yakima County within the time and shall be
foreclosed and enforced in the manner and time as provided by the laws of the
State of Washington pertaining to liens for labor and material "
Section 2_, This ordinance shall be in full force and effect thirty
days after its final passage, approval and publication as provided by law and
by the City Charter
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111111 PASSED BY THE CITY COUNCIL, signed and approved this day of
1990
Mayor
ATTEST
City Clerk
Publication Date JAN 2 6 1990
Effective Date FEU Z b 1990
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