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HomeMy WebLinkAbout2004-074 Authority to remove vegetation in clear-view triangle ORDINANCE NO. 2004- 74 AN ORDINANCE relating to the removal of trees, shrubs and vegetation that are overhanging, damaging and /or interfering with the use of the public way; providing the Public Works Director with the authority to issue final notices to property owners regarding the removal of trees, plants, shrubs, and /or vegetation that are overhanging, damaging and /or interfering with the use of the public way; establishing a process to appeal such final notices to the City Council; amending section 8.80.020 of Chapter 8.80 of the City of Yakima Municipal Code; and adding new section 8.80.025 to Chapter 8.80 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 8.80.020 of Chapter 8.80 of the City of Yakima Municipal Code is hereby amended to read as follows: "8.80.020 Notice to owner to remove vegetation. A. Preliminary Notice. Proceedings to require the removal of any tree, ',plant, shrub or other vegetation, or part thereof, as required by Section 8.80.010, shall be commenced by a written notice given by the director of public works of the city to the owner of the property involved, which notice shall specify the legal description and street address of the property involved and describe the condition to be corrected, and shall notify the owner to correct the condition within ten days from the date such notice is given. The notice shall further specify a date, no less than ten calendar days subsequent to the date of giving the preliminary notice, on which the matter—will-he • . ' - . • ..... condition must be corrected, or further action will be taken by the city to correct the condition. Service of the notice shall be made in person on the owner, or by United States mail addressed to the owner at his last known address. 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. B. Final Notice- City Council Action by the City. In the event the condition described in a preliminary notice is not corrected within the ten - daytime period provided by such notice, the director of public works shall 1.. • . _ • . theissue a final notice that directs the property owner to remove the plant, shrub or other vegetation, or part thereof, as may be necessary for 1 1 compliance with the preliminary notice. The r • . • . . for afiinal notice shallte be given to the same persons and in the same manner as provided for giving a preliminary notice, which final notice shall require that the condition be corrected within ten calendar days from the date such final notice is given; and the notice shall further include notification that in the event of the failure of the owner to comply with the notice, the tree, plant, shrub or other vegetation described in the notice will be removed by the city with the actual cost of such removal to be charged to the owner, with such charge to constitute a lien on the property." Section 2. Section 8.80.025 is hereby added as a new section to Chapter 8.80 of the City of Yakima Municipal Code and shall read as follows: "8.80.025 Appeal of final notice to the city council. A property owner that has received a final notice pursuant to Section 8.80.020 may file an appeal of the matter to the city council. Such appeal must be in writing and filed with the city clerk and the public works director within ten calendar days of the date of the final notice. The written appeal must specify all grounds for the appeal, request a hearing before the city council, and be accompanied by payment of an appeal fee in the amount of one hundred dollars. The city clerk shall set a time and place for the appeal hearing. At the hearing, the city council shall make a final determination regarding the appeal." Section 3. 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. 2 Section 4. 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 7th day of December, 2004. Paul P. P. George, Mayor ATTEST: 1. City Clerk Publication Date: 12 -10 =2004 Effective Date: 1 -9 -2005 3 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 02 0 6 For Meeting Of December 7, 2004 ITEM TITLE: Consideration of Ordinance regarding the enforcement of trees, shrubs and vegetation that are obstructing the use and clear vision area of public street right of way, and amending YMC 8.80.020. SUBMITTED BY: Chris Waarvick, Director of Public Works Paul Mc Murray, City Attorney CONTACT PERSON/TELEPHONE: Shelley Willson, Streets and Traffic Manager Joan Davenport, Supervising Traffic Engineer SUMMARY EXPLANATION: On September 21, 2004 the City Council directed staff to prepare amendatory language to the Yakima Municipal Code authorizing the Director of Public Works to issue the Final Notice of Enforcement for a clear view violation, including the authority to lien a property for the cost of abatement in the event the City of Yakima must take action to gain compliance with YMC 8.80.020. Council member Sims inquired whether the City Council has (ever) granted relief to a property owner of compliance with the clear view violations during City Council consideration of these items. A quick review of the files and collective staff knowledge has not identified any examples that Council has reversed an enforcement order. In the attached proposed ordinance, staff suggests a fee of $100 for a citizen to file an appeal of the Final Order of Enforcement to the City Council. This appeal fee would help recover some of the notice, mailing and staff costs of rocessin _ an a • . eal as .lication for Council consideration. Resolution Ordinance X Contract Other (Specify Funding Source None necessary APPROVAL FOR SUBMITTAL: `l, City Manager STAFF RECOMMENDATION: Staff recommends City Council approve Ordinance BOARD RECOMMENDATION: COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2004 -74