8.16 – City of West Richland Vegetation & Debris Nuisances
The City of West Richland has some pretty specific language when it comes to their tree ordinances.
Here is a summary from the City of West Richland website:
Trees, plants, grasses, weeds, shrubs, bushes or vegetation or part thereof:
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Which overhang any sidewalk, alley or street; or
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Which are growing in such a manner as to obstruct or impair the free, safe or full use of a sidewalk, alley or street by the public; or
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Which includes poison oak, poison ivy, poison sumac, Russian Thistle, Canadian Thistle, Rush Skeletonweed, Dalmatian Toadflax, Diffuse Knapweed, Scotch Thistle, Yellow Star Thistle, Jointed Goatgrass and Kochia, or other noxious weeds, whether alive, growing or otherwise, provided nothing herein shall prevent the temporary retention of such weeds in approved, covered receptacles; or
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Which is growing or which has died and which has become a fire hazard, or which is potentially injurious or detrimental to the public health or safety or welfare, or where such vegetation reaches a height in excess of six inches within an area of 100 feet of any existing building; provided, however, that vegetation on a single parcel of property of two and four-tenths acres or more is not a public nuisance if the parcel is surrounded by a 20-foot fire break where the parcel adjoins developed property (five feet where it adjoins an improved public right-of-way) or where the vegetation is on an unimproved public right-of-way.
8.16.090 – Vegetation and Debris Abatement
A. It is the duty of every owner, agent, lessee or other person occupying or having charge of or control over any property within the city to remove and eliminate those nuisances described in WRMC 8.16.030.
B. Whenever a nuisance exists as defined in WRMC 8.16.030, the chief of police or his designee shall cause written notice to be delivered to the owner of said property. The notice shall:
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Describe the property involved;
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Describe the condition which exists which must be abated;
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State that the city council will consider adopting a resolution requiring the property owner, in addition to the penalties described by WRMC 8.16.080, to abate the nuisance at his cost and expense and within a time specified in the resolution, and if the abatement of the nuisance is not made by the owner within the time specified, the city may abate the same as provided in this chapter and charge the costs of abatement against the owner of the property and file a lien against the property for such costs if the owner fails to pay the same;
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State the date, time and place the city council is to consider the resolution;
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Be served on the owner at least five days prior to the date the city council is to consider the resolution, and serve by mailing a copy thereof by regular first class mail, postage prepaid and by certified mail, return receipt requested to the owner of record at his last known address as shown by the records in the office of the Benton County treasurer, and by posting an additional copy thereof on the bulletin board at the West Richland City Hall. As an alternative to mailing, the owner may be personally served with the notice.
C. The city council, after notice as provided in subsection B of this section, may initiate by resolution, abatement proceedings requiring the owner to abate the nuisance. The resolution shall:
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Describe the property involved;
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Describe the condition which exists which must be abated;
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Require the owner to abate or remove such condition and provide that if such removal or abatement of the condition is not made by the owner to the satisfaction of the chief of police or his designee on a date specified in the resolution, which shall not be less than 20 days from the date the resolution is adopted, the city will cause the removal or abatement of the nuisance and the cost of removal or abatement to the city shall become a charge against the owner of the property and a lien against the property;
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Provide that in the event the removal or abatement of the nuisance condition is not made by the owner or occupant before the time specified therein, the city shall, under the direction of the chief of police, provide for and remove or abate such nuisance with the work done by city force or under contract;
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Provide that the city shall maintain accurate records of all costs associated with said removal and abatement and that if city personnel and equipment are used in the abatement and removal work, the work shall be charged to the owner at the rate of $50.00 per hour for the use of city equipment and one equipment operator, and at the rate of $20.00 per hour for each city employee working without equipment;
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Provide that the costs to the city for such work shall be and become a charge to the owner of the property and a lien against the property.
D. Notice of the lien herein authorized shall, as nearly as practical, be in substantially the same form, filed with the same officer within the same time and manner, and enforced and foreclosed on as provided for liens for labor and materials. [Ord. 12-87 § 1, 1987].
~ End of Summary