HomeMy WebLinkAbout2005-058 Accumulated Combustible Vegetation Regulation ORDINANCE NO. 2005- 58
AN ORDINANCE relating to the regulation of accumulated combustible vegetation on
real property within the City of Yakima and repealing Section
10 05100 of the City of Yakima Municipal Code.
WHEREAS, the City of Yakima currently applies and enforces the provisions of
the International Fire Code as the same has been adopted by the Washington
Administrative Code and the Revised Code of Washington (the "fire code" herein),
including provisions pertinent to the regulation of accumulated combustible vegetation,
and
WHEREAS, the said provisions of the fire code overlap substantially with
existing Yakima Municipal Code Section 10 05100; and
WHEREAS, greater efficiency in administration and enforcement will be
obtained by causing "weedy lot" complaints to be directed to the official or officials of
the City of Yakima charged with enforcement of the fire code in a manner consistent
with all other enforcement actions governed by the fire code; and
WHEREAS, this matter is being considered at a duly advertised public hearing;
and
WHEREAS, the Yakima City Council finds that it is in the best interests of the
City of Yakima to enact the following; now therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Repealed section. Section 10 05 100 of the City of Yakima
Municipal Code shall be, and hereby is, repealed.
Section 2. Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance is declared invalid or unconstitutional for any reason,
such decision shall not affect the validity of the remaining portions of this ordinance.
Page 1 of 2
Section 3. Publication and Effect. 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 at a regular meeting and signed and
approved this 18 day of October , 2005
2,1 e
'/
Paul P George, Mayor
ATTEST
City Clerk
Publication Date: 10-21 -2005 Effective Date: 11 -20 -2005
Page 2 of 2
10 05 100 Duty to remove hazardous vegetation and debris -- Procedure Page 1 of 2
Title 10 FIRE
Chapter 10.05 FIRE CODE
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 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 one hundred 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 firebreak in accordance with
requirements of the code 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 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
NOTICE TO REMOVE OR DESTROY
HAZARDOUS VEGETATION AND /OR DEBRIS
TO (name of the property
owner)
(mailing address of property
owner)
Regarding -
(street address & legal description
of subject property).
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
(description of hazardous condition(s)
You are required to take the following actions:
(describe action to be taken: removal and /or description of hazardous material or construction of fire
barriers)
This notice will be presented to the City Council on
(time and date not Tess than 15 days from date of this notice)
(place of meeting)
for consideration and final resolution. You may personally appear and 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 Tess than the estimated cost, will become a lien against your property In
addition, you are further informed that the City will impose a $500 penalty against you or your property
in the event the City takes action to abate the hazardous condition(s) located on your property and
referred to in this notice.
Dated:
Code Administration Manager
http. / /www ci. yak ima.wa.us /citycode /_data /title../_1 0_05_100_Duty_to_remove haza.htm 10/13/2005
10 05 100 Duty to remove hazardous vegetation and debns -- Procedure. Page 2 of 2
City Hall
129 No 2nd Street
Yakima, WA 98901
(509) 575 -6121
The code administration manager or his designee shall include a copy of the ordinance codified in this
section 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 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 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 noncompliance 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 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 addi -tion, there is imposed a five
hundred dollar 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- -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 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 within the time and shall be foreclosed
and enforced in the manner and the time as provided by the laws of the state of Washington pertaining
to liens for labor and material (Ord. 3416 § 1, 1991, Ord 3236 § 1, 1990 Ord. 2964 § 1, 1986 Ord
2765 § 1, 1984)
http. / /www.ci.yakima .wa.us /crtycode /_data/title../_l 0_05_100_Duty to_remove haza.htm 10/13/2005
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No l B
For Meeting of October 18, 2005
ITEM TITLE. Consideration of Ordinance relating to the regulation of accumulated
combustible vegetation on real property within the City of Yakima and
repeali Section 10 05 100 of the City of Yakima Municipal Code
SUBMITTED BY illiam R. Cook, Director of Community and Economic
Development Department
CONTACT PERSON/TELEPHONE. Doug Maples, Code Administration and Planning
Manager (509) 575 -6121
SUMMARY EXPLANATION
This ordinance would repeal the Section 10 05 100 Duty to remove Hazardous Vegetation
and Debris Procedure from Chapter 10 05 Fire Code of the Yakima Municipal Code
Washington State requires each town, city and county to use the 2003 International
Building, Fire, Mechanical Codes and the 2003 Uniform Plumbing Code Within the 2003
International Fire Code are provisions that address combustible waste material such as
weeds, wood, hay, straw that create a fire hazard around buildings or structures or on
premises
In repealing Section 10 05 100 the process and authority of abatement would rest on the
Code Administration and Planning Manager position. Therefore, the time to abate would
be shortened and, the process to have the City Council review and approve a resolution to
abate would be discontinued.
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address)
Phone.
Funding Source
APPROVED FOR SUBMITTAL. � �". City Manager
STAFF RECOMMENDATION Request the City of Yakima Council Repeal the City of
Yakima's Section 10 05 100 "Duty to remove Hazardous Vegetation and Debris Procedure"
within the 1991 Uniform Fire Code
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2005-58