AN ACT Relating to removal or destruction of hazardous vegetation; amending RCW 35.21.310; and adding a new section to chapter 36.01 RCW.

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:

(1) Except as provided in subsection (2) of this section, 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, or which interfere with, contact, or otherwise constitute a hazard to an overhead or underground utility line or related equipment, or obstruct street lighting to the roadway or sidewalk; 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, or proper and safe operation of an overhead or underground utility line or related equipment, or street lighting to the roadway or sidewalk. The ordinance shall require the proceedings therefor to be initiated by a resolution of the governing body 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 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 be billed directly to the owner or shall become a charge against the owner of the property and a lien against the property. 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.

(2) With regard to utility lines, the utility shall be financially responsible for removal of trees, plants, shrubs or other vegetation, and the ordinance shall provide for a procedure within the city legislative authority allowing an owner to challenge the decision of the utility to remove certain vegetation. If the decision of the utility is affirmed, the utility may cause removal of the vegetation and directly bill the owner for the removal.

(3) 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.

NEW SECTION. Sec. 2. A new section is added to chapter 36.01 RCW to read as follows:

(1) Except as provided in subsection (2) of this section, any county legislative authority may by ordinance or resolution require the owner of any property in an unincorporated area of the county 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, or which interfere with, contact, or otherwise constitute a hazard to an overhead or underground utility line or related equipment, or obstruct street lighting to the roadway or sidewalk; and may further so require the owner of any property in an unincorporated area 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, welfare, or proper and safe operation of an overhead or underground utility line or related equipment, or street lighting to the roadway or sidewalk. The ordinance or resolution shall require the proceedings therefor to be initiated by a resolution of the county legislative authority, 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 this section. The resolution or ordinance may provide that if such removal or destruction is not made by the owner after notice given as required in any of the above cases, that the county will cause the removal or destruction thereof and may also provide that the cost to the county shall be billed directly to the owner or shall become a charge against the owner of the property and a lien against the property. 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.

(2) With regard to utility lines, the utility shall be financially responsible for removal of trees, plants, shrubs or other vegetation, and the ordinance shall provide for a procedure within the county legislative authority allowing an owner to challenge the decision of the utility to remove certain vegetation. If the decision of the utility is affirmed, the utility may cause removal of the vegetation and directly bill the owner for the removal.

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

NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.