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HomeMy WebLinkAbout1972 Ordinancei 1 L ORDINANCE ANO. 1972 AN ORDINANCE relating to the control of tree and vegetation nuisances, the responsibility of persons for the control and abatement of said.nuisances, the designation of enforcement authority for said nuisances and the establishment of a violation for said nuisances, and of an abatement procedure for said nuisances by amending Sections 12.12.020, 12.12.030, 12.12.080, 12.12.100, 12.12.110, and -9.60.030 of the Pasco Municipal Code by the addition of a new Section by the enactment of 12.12.115 to the Pasco Municipal Code, and by repealing Section 12.12.130 of the Pasco Municipal Code. THE CITY COUNCIL OF -THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That Section 12.12.010 of the Pasco Municipal Code (P.M.C.) be and the same is hereby amended to read as follows: P.M.C. 12.12.010 TITLE. This chapter 12.12 of the Pasco Municipal Code is designated the "Tree and Vegetation Control Ordinance" of Pasco. Section 2. That Section 12.12.020 of the Pasco Municipal Code (P.M.C.) be and the same is hereby amended to read as follows: P.M.C. 12.12.020 ENFORCING AUTHORITY. The city manager shall have full authority of law to enforce the provisions of this chapter. The city manager may delegate any portion or all of this authority to his agents. Nothing herein shall limit the responsibility, authority or powers of enforcement given under `the city ordinances or other state law. The term director as used in this ordinance shall mean the city manager or his agent. . Section 3. That Section 12.12.030 of the Pasco Municipal Code (P.M.C.) be and the same is hereby amended to read as follows: P.M.C. 12.12.030 ABUTTING PROPERTY. The owner, occupant or person having control of property is responsible under this chapter for all vegetation on that portion of the public right-of-way abutting the property such person owns, occupies or exercises control over except for the roadway. The roadway is the paved, improved or proper driving portion of the highway designed or ordinarily used for vehicular travel. This section applies to undeveloped public right- of-ways as well as to developed public right-of-ways. Section 4. That Section 12.12.080 of the Pasco Municipal Code (P.M.C.) be and the same is hereby amended to read as follows: P.M.C. 12.12.080 NUISANCE DECLARED - VIOLATION. All trees, plants, shrubs, grass, brush, weeds or other vegetation or part thereof, which overhang any sidewalk, street or alley, or which are growing -2- there in such a manner as to obstruct or impair the free and full use of the sidewalk, street or alley by the public are public nuisances. All trees, plants, shrubs, grass, brush, weeds or other vegetation growing or which has grown and died that are found upon any property and which are a fire hazard or otherwise a menace to public health, safety, welfare or order are public nuisances. Weeds, brush or uncultivated vegetation growing or having grown generally in an area to a height of twelve (12) inches or more above the ground so that they menace the public health, safety, welfare or order, or have grown to such an extent to be a menace to public health, safety, welfare or order are public nuisances. It is the duty of the owner, occupant or person having control of property wherein or whereon any public nuisance described by this section exists to abate the nuisance by destroying, removing or trimming the growth. Weeds, brush or uncultivated vegetation creating a nuisance must be cut as close to the ground as practicable. Cut vegetation that has accumulated in such a manner that it can be readily scattered or blown about by customary winds in such an amount as to menace the public health, safety, welfare, or order is a public nuisance. It is a violation for any person to cause, permit or allow a public nuisance as described in this section. Section 5. That Section 12.12.100 of the Pasco Municipal Code (P.M.C.) be and the same is hereby amended to read as follows: P.M.C. 12.12.100 REMOVAL OR ABATEMENT OF NUISANCE. If any property owner fails or refuses to abate any nuisance as described in P.M.C. 12.12.080, the city council may, after receipt of a report filed by the-city manager.or his agent, by resolution:requiring such property owner, in addition or alternative to the penalties prescribed by P.M.C. 12.12.150, to abate the nuisance by removal or destruction, at his cost and expense within a time specified in the resolution; and if trimming, removal or destruction is not made within the time specified, the director may abate the same as provided in P.M.C. 12.12.115. Section 6. That Section 12.12.110 of the Pasco Municipal Code (P.M.C.) be and the same is hereby amended to read as follows: P.M.C. 12.12.110 NOTICE OF RESOLUTION TO ABATE NUISANCE. The resolution mentioned in P.M.C. 12.12.100 shall not be passed until the property owner is given at least ten days notice of the pendency of the proposed resolution; such notice shall be given by the city manager or his agent by mailing a copy of the notice to the owner as shown upon the records of the Franklin County Treasurer and at the address thereon; and if no owner and address is shown on such records, a copy of the notice shall be posted upon the property, and shall also be published in one issue of the official newspaper. The mailing, posting and publication shall be made at least ten days before the resolution is adopted and proof shall be made by affidavit of the city manager or his agent filed with the city clerk. The notice shall describe the property involved and the nature of the hazardous condition or conditions constituting a nuisance or nuisances under this chapter. -3 - Section 7. That new Section 12.12.115 of the Pasco Municipal Code (P.M.C.) be and the same is hereby enacted to read as follows: P.M.C. 12.12.115 ABATEMENT OF NUISANCE AND LIEN. If the nuisance is not abated by trimming, removal or destruction by the property owner within the time fixed in the resolution, the city manager or his agent may abate the same and he shall render an itemized bill covering the cost of such abatement for the property involved, including the expenses of any city agency or department used in the abatement. The city manager or his agent, in the name of the city, may file a lien for such costs against the property involved; which lien shall be in the same form, filed with the same officer, and within the same time and manner and enforced and foreclosed as is provided by law for liens for labor and material. Section 8. That Section 9.60.030 of the Pasco Municipal Code (P.M.C.) be and the same is hereby amended to read as follows: P.M.C. 9.60.030 SPECIFIC NUISANCES. The following specific acts, omissions, places, conditions and things are declared to be nuisances: The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any sidewalk, street, avenue, alley, park, parkway, or other public or private place in the city, of any one or more of the following disordered, disturbing, unsanitary, fly and/or mosquito producing, rat -harboring, disease -causing places, conditions or things, that is to say: (1) The keeping or harboring of any dog or cat which by frequent or habitual howling, yelping or barking annoys or disturbs the comfort or repose of any person or persons in the vicinity; (2) The keeping of rabbits, chickens, goats, pigs, bees, mules, horses, mink, dogs, cats, muskrats, or any other animals within the city limits of the city that are of such nature as to create offensive smells, noises and conditions in the vicinity in which they are kept; (3) Unnecessary tooting of automobile horns, unnecessarily loud playing of radios in automobiles; or radios, phonographs, televisions or other sound equipment in other places so as to obstruct the reasonable and comfortable use of the adjoining property within the corporation limits of the city; (4) Any putrid, unsound, or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish, or fowl; (5) Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous; -4- (6) Filthy,, littered or trash-covered cellars, house yards, barnyards, stable yards, factory yards, vacant areas in rear of stores, vacant lots, houses, buildings, alley-ways, or premises; or places, dropping, disposing, throwing away, or otherwise discarding litter, garbate, refuse, cans, bottles, paper or paper material, metal, organic or inorganic material, upon property other than in receptables or areas as designated in Chapter 6.04; (7) Animal manure in any quantity which is not securely protected from flies and the elements,or which is kept or handled in violation of any ordinance of the city; (8) Poison oak, poison ivy, or poison sumac (whether growing or otherwise), liquid household waste, human excreta, garbage, butchers' trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity; provided nothing herein contained shall prevent the temporary retention of waste in receptacles in the manner approved by the health officer of the city nor the dumping of nonputrifying waste in a place and manner approved by the health officer; (9) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric a brac, broken stone or cement, broken crockery, broken glass, broken plaster, automobile bodies and/or parts, and all such trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles approved by the health officer; (10) Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior,.packing hay, straw, or other packing material, lumber not neatly piled, scrap iron, tin and other metal not neatly piled or anything which may be a fire danger; (11) Any unsightly building, billboard, fence, excavation or other structure, or any abandoned or partially destroyed building, fence, excavation or structure, or any building, fence, excavation or structure commenced and left unfinished; (12) All places used or maintained as junkyards, or dumping grounds, or for the wrecking or dissembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of wornout, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of wornout, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property of others. Section 9. That Section 12.12.150 of the Pasco Municipal Code (P.M.C.) be and the same is hereby amended to read as follows: -5- P.M.C. 12.12.150 PENALTY. Violation of or failure to comply with any of the provisions of this chapter shall be subject to a fine in any sum not to exceed five hundred dollars, or to imprisonment in the city jail for a period not exceeding six months, or both such fine and imprisonment, in the discretion of the city. When violations are of a continuing nature, each day the violation continues shall be a separate violation. Section 10. That Section 12.12.130 of the Pasco Municipal Code (P.M.C.) be and the same is hereby repealed. Section 11. This Ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council of the City of Pasco this 24 day of July 1978. G Chet Bailie, Mayor AT T• Evelyn Wells, Deputy City Clerk APPROVED AS TO FORM: i Patrick T. Roach, Acting City Attorney