HomeMy WebLinkAboutR-1995-125 Removal of VegetationRESOLUTION NO. R-95- 1 9.b
A RESOLUTION: Authorizing the Public Works Director to
remove vegetation that is an obstruction at
intersecting streets.
WHEREAS, pursuant to Section 8.80.040 of the City of Yakima
Municipal Code, the Public Works Director has served "Notice(s) To Trim
Or Remove Growth" on the owner of the property described on the
attached report, which report is incorporated herein as if fully set forth;
and
WHEREAS, pursuant to Section 8.80.060 of the City of Yakima
Municipal Code the Public Works Director has served "Preliminary Notice
To Trim Or Remove Growth" on the owner of the property, which notice
specified the legal description and street address of the property
involved, the condition to be corrected, and notified the owner to correct
the condition within ten days from the date such notice is given; and
WHEREAS, such service was made in a timely fashion pursuant to
Section 8.80.060 of the City of Yakima Municipal Code; and
WHEREAS, the owner of the lot listed on the attached report has
not responded to the notice(s) nor taken any action to trim or remove
from their lot the vegetation in accordance with the notice given by the
Public Works Director, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Public Works Director is hereby authorized and directed to
cause the trimming or removing of vegetation from the property
described in the attached report. Upon such removal, the actual cost
thereof shall be charged against the property owner and shall constitute a
lien against the property authorized by Section 8.80.070 of the City of
Yakima Municipal Code. The Public Works Director shall not take such
action until ten days after the date of passage of this resolution.
ADOPTED BY THE CITY COUNCIL this
, 1995.
ATTEST:
day of
MAYOR
CITY CLERK
TO: Public Works Director
City of Yakima
2301 Fruitvale Blvd.
Yakima, WA 98902
August 29, 1995
This letter is in response to your notice dated August 25, 1995 concerning
plantings growing on my property at 421 N. 62nd. Ave. (corner of 62nd and
Douglas Dr.) My family and I are no longer residing at that address, and
we have listed that property for sale. The house is currently unoccupied
and is being actively marketed by a local real estate agent. It is my
opinion that any action taken by the city to remove existing shrubery in
the manner that has been proposed would seriously detract from the appearance
of the property and would therefore be a deterrent to the sale of it. The
proposed action would probably also lower the value, causing me a potentially
severe monetary loss. I therefore strongly disagree with and contest this
proposed action. Since I do not reside in Yakima and cannot attend the City
Council meeting on Sept 5, 1995, I request that this letter be presented on my
behalf and that any actions concerning the removal of landscaping from my
property be postponed indefinately. This would allow the future new owner of
this residence to accomodate the desires of the city while still maintaining
a landscape plan that would fit the new owner.
Sin erelWF5
y,
ichard M. Brunhaver
9016 N.E. 28th St.
Bellevue, WA 98004
(206) 688-0284
CITY OF YAKIMA
2301 Fruitvale Blvd. Yakima,, WA 98902
DEPARTMENT OF PUBLIC WORKS
Equipment Rental Division . 575-6005
Park Maintenance Division .....»».»575-6020
Recreation Division 575-6020
Refuse Division .., ...................»...»....»575 -60i' -
Street Division ..w...» ,. 575-60
Traffic Division ..,, 575.60t
Transit Division ,,,» 575-6005
Scan Prefix ..... -...... -..»...».....,»»278-"'°
NOTICE TO TRIM EXISTING GROWTH WITHIN CLEARVIEW TRIANGLE
TO: Mr. Richard Brunhaver
9016 NE 28th Street
Bellevue, WA 98004
REGARDING: Legal description: Crystal Manor - Lot 5
Street Address: 421 N. 62nd Avenue
Yakima, WA 98908
The purpose of this notice is to inform you of a clearview violation which
exists now on your property which location is listed above. The clearview
violation consists of:
Three tall evergreen trees and 5-6 ft. high junipers on the southeast
corner of N. 62nd Avenue and Douglas.
You are required to take the following actions:
Trim the existing tall evergreen trees to a minimum of 7 feet from top
of the curb elevation and the existing junipers to a height of no more
than 24 inches from top of curb elevation or moved to another location
outside of the clearview triangle.
This notice will be presented to the City Council on September 5, 1995, at City
Hall, 129 N. 2nd Street 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 canpass a resolution authorizing someone else to take the action -
required above. The estimated cost of taking that action is $826.20.
The actual cost of the required action, which may be more or less than the
estimated cost, will become a lien against your property.
Dated: Aust 25,1995
Publi orks
City gf Yakima
2301 Fruitvale Boulevard
Yakima, WA 98902
(509) 575-6005
1
:ctiot
8.80.,
8.80.020
8.80.030
8.80.040
8.80.050
8.80.060
8.80.070
8.80.080
Chapter 8.80
TREES AND SHRUBS
Duty to remove vegetation
overhanging or interfering
with use of public way.
Notice to property owner to
remove vegetation.
Refusal to comply with notice—
Removal by city—Lien.
Restrictions on obstructions at
intersecting streets.
Same—Exception to Section
8.80.040.
Same—Removal of obstructions—
Notice.
Same—Refusal to make
corrections—Lien.
Summary removal of hazardous
vegetation from public
right-of-way.
.80.010 Duty to remove vegetation overhanging
or interfering with use of public way.
The ler of any property within the city of Yakima
pon any tree, plant, shrub or other vegetation, or
ny part thereof, grows or has grown and died in such a
fanner so as to overhang any public street, alley ce
idewalk, or so as to obscure, endanger or impair the full
nd free use thereof by the public, or grows or has grown
nd died in such a manner so as to damage or interfere
iith the use or maintenance of any water pipeline or
ewer pipeline, shall be required to remove such tree,
>lent, shrub or other vegetation, or any part thereof, upon
otice provided by this chapter. (Ord. 1796 § 1. 1975:
)rd. B-1595, 1954: Ord. B-1033 § 1, 1949).
:.80.020 Notice to property owner to remove
vegetation.
A. Preliminary Notice. Proceedings to require the re-
noval of any tree, plant, shrub or other vegetation, or
Tart thereof, as required by Section 8.80.010, shall be
:ommenced by a written notice given by the director of
)ublic works of the city to the owner of the property
nvolved, which notice shall specify the legal description
Ind street address of the property involved and describe
he cc m to be corrected, and shall notify the owner
o con— the condition within ten days from the date
such notice is given. The notice shall further specify a
late, no less than ten days subsequent to the date of giv-
ing the preliminary notice, on which the matter will be
reported to the City Council for formal action in the
event of noncompliance with the preliminary notice.
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. Fugal Notice–City Council Action. In the event
the condition described in a preliminary notice is not
corrected within- the ten-day period provided by such
notice, the director of public works shall report to the
City Council, on the date specified in the preliminary
notice, the fact of the giving of the preliminary notice and
of noncompliance therewith. The report shall include the
legal description and street address of the property in-
volved and a description of the condition sought to be
corrected. On the receipt of such report, the City Council
may, by resolution, require the owner to remove the tree.
plant. shrub or other vegetation, or part thereof, as may
be necessary for compliance with the preliminary notice.
The resolution shall further provide for a final notice to
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 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. (Ord. 1796 §
2, 1975: Ord. B-1033 § 2, 1949).
385
8.80.030 Refusal to comply with notice—
Removal by city—Lien.
In the event an owner fails to comply with a final
notice given in accordance with Section 8.80.020, the
removal work required by that notice may be performed
by the city. Upon such removal, 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 enforced in the manner and time as provided by the
laws of the state of Washington pertaining to liens for
labor and material. (Ord. 1796 § 3, 1975: Ord. B-1033
§ 3, 1949).
8.80.040 Restrictions on obstructions at
intersecting streets.
On property at any corner formed by intersecting
streets it is unlawful to install, set out or maintain, or to
allow the installation, setting out or maintenance of, or
to permit any sign, hedge, trees, shrubbery, natural
growth or other obstruction to view, to be higher than
two feet above the level of the center of the adjacent
intersection within the area bounded by the centerlines of
the adjacent intersecting streets. extending from such
point of intersection to points extending along said cen-
terlines eighty feet from said point of intersection and a
straight line connecting said latter points; provided, at
intersections where traffic is controlled by four-way traf-
fic -control lights, the area within which the unobstructed
view shall be maintained shall be bounded by lines deter-
mined by the sight distance from a point representing the
normal stopped position of a car approaching the intersec-
tion, as that position is determined by the traffic engineer.
to a point eighty feet left and eighty feet right along the
intersecting street from the intersection of the two center-
lines. (Ord. 2698 § 1, 1983: Ord. 1466 § 1. 1972: Ord.
B-2001 § 1, 1957).
8.80.050 Same—Exception to Section
8.80.040.
Section 8.80.040 shall not apply to permanent build-
ings. public utility poles, trees trimmed to the trunk to a
line at least seven feet above the level of the intersection;
saplings or plant species of open growth habits and not
planted in the form of a hedge, which are so planted and
trimmed as to leave at all seasons a clear and unobstruct-
ed
nobstructed cross view; supporting members of appurtenances to
permanent buildings existing on the date this chapter be-
comes effective; official warning signs or signals to
places where the contour of the ground is such that there
can be no cross visibility at the intersection; or to signs
mounted ten feet or more above the ground and whose
supports do not constitute an obstruction as defined in
Section 8.80.040. (Ord. B-2001 § 2, 1957).
8.80.060 Same—kemoval of obstructions—
Notice.
The owner of any property affected as stated in Sec-
tions 8.80.040 and 8.80.050 shall be required to remove
such obstructions or make the necessary corrections on
the property affected as required by notice as follows:
Such notice shall describe the property involved, the con-
ditions constituting the violation, the necessary action to
be taken to correct such conditions and the limit of time
in which the corrections must be made, no such lime lim-
it being less than five days from the date said notice is
served upon said owner. Service of notice shall be made
in person or by United States mall, addressed to the own-
er of the affected premises at his last known address
(Ord. B-2001 § 3. 1957).
8.80.070 Same—Refusal to make
corrections—Lien.
In the event the owner of such premises fails or refus-
es to make the corrections as herein prescribed, the City
Council may, by resolution, direct the performance of the
necessary corrective measures. Upon such action, the ac-
tual costs thereof shall be charged against the owner of
the premises and shall become a lien against said proper-
ty. Notice of the lien herein 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 same
time and shall be foreclosed and enforced in the same
manner and time as provided by the laws of the state of
Washington for such liens for labor and material; provid-
ed, however, that no other notice shall be required other
than the notices herein provided. (Ord. B-2001 § 4,
1957).
8.80.080 Summary removal of hazardous
vegetation from public
right-of-way.
Notwithstanding the provisions for notice and proce-
dures contemplated by Sections 8.80.020. 8.80.030,
8.80.060 and 8.80.070. the director of public works is
authorized to trim or remove any shrub. tree. plant or
other vegetation which grows or has grown and died
within, along or above any public street, alley or sidewalk
in such a manner so as to actually or potentially obscure
any traffic -control sign or signal or so as to otherwise
constitute an actual or potential hazard to persons on such
public street, alley or sidewalk,. Such trimming or remov-
al is authorized without the necessity for prior notice to
the owner or occupant of property adjacent to such public
street, alley or sidewalk on which such shrub, tree. plans:
or other vegetation is growing or has grown; provided
such trimming or removal shall be performed only to the.
extent deemed necessary by the director of public works,
to abate an actual or potential traffic -control sign or
signal obstruction or other actual or potential hazard to
persons on such public street, alley or sidewalk; and
provided further, the cost of trimming and removal work
performed pursuant to the authority of this section. v
386
out the notices and procedure contemplated by Sections
8.80.020, 8.80.030, 8.80.060 and 8.80.070, shall not be
charged to the owner of, nor constitute a lien against, the
property on which any such shrub, tree, plant or other
vegetation grows or has grown and died. (Ord. 1796 § 4,
1975).
387
STAFF REPORT
TO: City Council Members and Dick Zais, City Manager
FROM: Jerry Copeland, Director of Public WorksC'C}
Shelley Willson, Supervising Traffic Engine'
SUBJECT: Clearview violation at the intersection of 62nd Avenue and
Douglas .
DATE: August 24, 1995
Traffic Engineering staff has received several complaints regarding the
juniper shrubs and evergreen trees that are in violation of the City Municipal
Code Section 8.80.040. The vegetation blocks the view of motorists
approaching the intersection of 62nd1 Avenue and Douglas from both the
south and east legs. The attached complaint and correspondence history has
placed the City on notice as to the existing problem and documents staff
actions to have the violation corrected. To date there has been no response
from the property owner. The attached copies of photographs are of the trees
and shrubs at the intersection. Traffic Engineering will be sending out the
attached notice by both registered and first class mail to notify the property
owner of our intent to request Council authorization at the September 5th
council meeting to trim the vegetation to meet the code and bill the property
owner for the cost incurred. The property owner will have 10 days from
September 5th to comply with the notice. If there is no response from the
property owner, City staff' will trim the trees and shrubs to comply with the
code.
COMPLAINT & CORRESPONDENCE HISTORY
421 N. 62ND AVENUE
1/7/94 RP (reporting party) called to report a problem with the SE
corner of N. 62nd and Douglas - could not see around corner
without pulling out into the intersection.
1/10/94 Letter sent to homeowner on record from Traffic Engineering.
This was returned as they had sold the property the previous
summer.
1/24/94 Letter sent to "Current Homeowner" at 421 N. 62nd Ave. again
from Traffic Engineering..
5/26/94 RP called to complain about the clearview problem at 421 N.
62nd Ave. The shrubs are over 4 ft above the curb and growing
into the road. Also, large evergreen trees make it impossible to
see cars coming from the east to west.
7/7/94 Letter sent again to the "Current Resident" at 421 N. 62nd Ave.
from Traffic Engineering.
9/12/94 RP called in a complaint that there is a tree and shrubs at the SE
corner of 62nd and Douglas that is completely blocking the
clearview.
6/12/95 RP called to complain regarding the clearview at the intersection
of N. 62nd Ave. and Douglas and was wondering when the City
was going to do something about this.
6/13/95 Letter sent certified mail and first class mail again to the
"Current Homeowner" in Bellevue giving notice of non-
compliance to all of the previous correspondence regarding the
clearview violation at 421 N. 62nd Ave.
7/3/95 RP called to complain that the homeowner at 421 N. 62nd Ave.
had yet to do anything with the clearview problem and wanted
to know what we were doing to remedy this problem. Was
informed that we were taking steps to contact the homeowner by
phone or in person to get the clearview cleaned up.
7/18/95 RP called again to inform us that still nothing has been done
with the clearview violation.
8/2/95 Shelley Willson talked to the real estate agent representing the
house for sale at 421 N. 62nd Ave. by phone at 9:30 a.m. this date.
She informed him that we have tried repeatedly to contact the
owners with no avail regarding the clearview violation. We
asked that he please contact the owners and have them call
regarding this matter.
8/3/95 RP called to complain about the clearview violation at 421 N.
62nd Ave. again, said still nothing had been done and voiced
concern that there is going to be a bad accident there soon. We
informed the RP that we had talked to the real estate agent
representing that property and the homeowners were a to be
coming over that weekend and he would convey the :message.
8/16/95 RP called again to inform us that still nothing had been trimmed
at 421 N. 62nd Ave. and wanted to know the status of this
clearview.
8/25/95 Notice sent certified mail and regular mail delivery to "Current
Homeowner" in Bellevue giving notice of non-compliance
regarding the clearview violation and notification of the date
this will be on the agenda of the City Council meeting.
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