HomeMy WebLinkAbout1986-2964 FIRE HAZARD OR MENACE TO PUBLIC HEALTH ON PERSONAL PROPERTY - '
ORDINANCE NO. 2 9 6 4
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
menance to public health, safety or welfare: providing
notice and establishing a procedure for the removal of
410 , 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:
"10.05.100
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 so as
to provide and maintain a fire break 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 Sub-
section A of this section, shall be commenced by a written notice
given by the Code Administration Manager, or his designee, to the
owner ofrthe property involved, which notice shall be substantially
as appears below.
'NOTICE TO REMOVE OR DESTROY HAZARDOUS VEGETATION
TO:
(Name of property owner)
1 110
(mailing address of property owner)
Regarding:' •
(street address & legal description of subject property)
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The purpose 6f 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]) 1110
You are required to take the following actions:
•
•
(describe action to be taken: removal and/or destruction of hazardous
material or construction of fire barriers)
This notice will be presented to the City Council on
at
(time & date not less than 15 r (place of meeting)
days fraM date of this notice)
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 less than the estimated cost, will became a lien against your
property or a penalty assessed against you. In addition, you are
further informed that the City will impose a $350 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
City Hall
129 No. 2nd Street
Yakima, WA 98901
(509) 575-6121
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. City Council action - Public Nuisance. In the event the
condition described in a preliminary notice is not corrected by the Ink
time set for the hearing, pursuant to the notice in Subsection B of lip
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 mav, 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
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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
35() 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 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.
, /-..;
PASSED BY THE CITY COUNCIL, signed and approved this 1 day of
(-.....,........„.__Q__, , 1986.
I
Mayor
ATTEST:
City Clerk
Publication DateJUN 1 3 1986
Effective Date'JUL 1 3 1986
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