S-1870               _______________________________________________

                                                   SENATE BILL NO. 5957

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senator Hansen

Read first time 2/20/87 and referred to Committee on Governmental Operations.

AN ACT Relating to weed control, obstructing vegetation, debris, snow, and ice control; and amending RCW 35.21.310.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 35.21.310, chapter 7, Laws of 1965 as amended by section 1, chapter 20, Laws of 1969 and RCW 35.21.310 are each amended to read as follows:

          Any city or town may by general ordinance require the owner of any property therein to remove or destroy all trees, plants, shrubs or vegetation, or parts thereof, which overhang any sidewalk or street or which are growing thereon in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public; and may further so require the owner of any property therein to remove or destroy all grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died, and to remove or destroy all debris, upon property owned or occupied by them and which are a fire hazard or a menace to public health, safety or welfare.  A property owner may also be required to remove all snow and ice accumulations from adjacent sidewalks to allow free and full use by the public.  The ordinance shall require the proceedings therefor to be initiated by a resolution of the governing body or by order of a city or town executive officer empowered by the general ordinance of the city or town, adopted after not less than five days' notice to the owner, which shall describe the property involved and the hazardous condition, and require the owner to make such removal or destruction after notice given as required by said ordinance.  The owner shall have the right to appeal an administrative order, within ten days of the date of decision, to the city or town governing body.  The owner shall have the right to appeal a city or town governing body decision, within ten days of the date of decision, to the superior court.  The ordinance may provide that if such removal or destruction is not made by the owner after notice given as required by the ordinance in any of the above cases, that the city or town will cause the removal or destruction thereof and may also provide that the cost to the city or town shall become a charge against the owner of the property and a lien against the property.  If the city or town does charge the owner for costs of removal or destruction, a cost estimate of such service shall be included in the notice to the owner.  Notice of the lien herein authorized shall as nearly as practicable be in substantially the same form, filed with the same officer within the same time and manner, and enforced and foreclosed as is provided by law for liens for ((labor and materials)) local improvements as set forth in RCW 35.50.010.  As an alternative to enforcement of such liens by foreclosure, the city or town may, by agreement with the county treasurer, place a delinquent owner's charge for city or town costs on the property tax assessment.  Under this alternative, subsequently unpaid city or town costs may be enforced in the same manner as delinquent property taxes.  Unpaid city or town costs shall accrue interest at the same rate as delinquent property taxes as set forth in RCW 84.56.020.

          The provisions of this section are supplemental and additional to any other powers granted or held by any city or town on the same or a similar subject.