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HomeMy WebLinkAbout1984-2765 PROPERTY OWNERS TO REMOVE GROWING OR DEAD VEGETATION & DEBRIS, POTENTIAL FIRE HAZARD OR MENACE 2 7 6 5 ORDINANCE 0 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 411ill menance to public health, safety or welfare; providing for the giving of notice and establishing a procedure for the removal of such vegetation and debris; creating a lien for costs of such removal performed by the City; enacting Section 10.05.100 as a new section of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 10.05.100 is hereby enacted as a new section of the City of Yakima MUnicipal Cbde to read as follows: "10.05.100 Duty to remove hazardous vegetation and debris—Procedure. A. Duty to remove hazardous vegetation 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 menance 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 BO as to provide and maintain a fire break in accordance with requirements of the Cbde Administration Manager or his designee. B. Notice to remove—Notice–hearing. Proceedings to require • the removal or destruction of any grass, weeds, shrubs, bushes trees, vegetation or debris or part thereof, as required by Sub 1111 section 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. 'NOTICE TO REMOVE OR DESTROY HAZARDOUS VEGETATION TO: (Name of property owner) 111, (mailing address of property owner) Regarding: (street address & legal description of subject property) �I G1. . ' The purpose of this notice is to inform you of a hazardous condition Which exists now on your property which location is listed • above. The hazardous condition consists of 411 • (description of hazardous condition[s]) 410' You are required to take the following actions: . „ ee • _ _ • e te --------------------------- (describe 'action to be taken: removal and/or destruction of hazardous material or construction of fire ', This notice will be presented to the City Council on at ----------- (time & date not less than 15 (place of meeting) days fram date of this notice) for consideration and final resolution. You may personally appear and 411 contest this notice at that meeting. In the event you do not appear and contest this notice or take the action required Above, the City Council can pass a resolution authorizing someone else to take the action required above. The estimated cost of taking that action is $ . The actual cost of the required action, which may be more or less than the estimated cost, will become a lien against your property. DatedT Code AdministratibliManager City Hall 129 Nb. 2nd Street Yakima, WA 98901 (509) 575-6121 1111 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, addressee 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. action. 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 Cade Administration Manager or his designee shall report to the City COuncil, on the date specified in the notice, the fact of the ee giving of the notice and of non compliance therewith. The report • shall include the legal description and stn. -t address of the property involved and a description of the condition to be • corrected with an estieste of the cost of performing that work. On the receipt of sudh, 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 reamed or the grass, we shrubs, budhes, trees, vegetation or or part thereof, growing or existing on the property involved. Such action shall not be commenced until seven (7) days after the date on , Shich such resolution is G2 e eet e - D. - Removal by City- Lien, 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. 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 11Lik 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, PASSED BY THE CITY COUNCIL, signed and approved this 3h.e, day of 41 s 1 , 1984. 1111 Mayor ATTEST: City Clerk Publication Date APR 5 1984 Effective Date MAY 6 1984 • 1111 ORDI G3