SENATE BILL REPORT

SB 5957

BYSenator Hansen

Revising provisions on weed control, obstructing vegetation, debris, snow, and ice control.

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 2, 1987; March 4, 1987

Majority Report:  That Substitute Senate Bill No. 5957 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; DeJarnatt, Talmadge, Zimmerman.

Senate Staff:Walt Corneille (786-7452); Eugene Green (786-7405)

                  March 5, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 4, 1987

BACKGROUND:

Any municipality may, by ordinance, require a property owner to remove any vegetation growing on that property which overhangs or in any manner impairs the use of any sidewalk or street by the public.  A municipality may also require a property owner to remove or destroy vegetation that has died or debris which poses a fire hazard or menace to public health, safety or welfare.

A municipality may undertake the removal or destruction of vegetation or debris if the owner, after notice, fails to do so.  The cost to the city becomes a charge against the owner and a lien against the property.  Lien foreclosure procedures must be substantially the same as for labor and material liens.

It has been suggested that snow and ice accumulation can cause a similar impairment to the free and full use of sidewalks as can vegetation or debris.

Problems have arisen in collecting the cost to the city of removal of vegetation or debris when the owner refuses to do so.  Often the cost of attorneys' fees required to collect charges for removal make collection economically impractical.

SUMMARY:

A municipality is permitted to require a property owner to remove snow and ice accumulations from sidewalks adjacent to the property.

Proceedings to require removal of vegetation, debris or ice may be initiated by order of the executive officer of a municipality designated by ordinance.  The property owner is given the right to appeal an administrative order to a municipality.  A decision of the municipality may be appealed to superior court.

In the event a municipality must effect the removal of debris, vegetation or snow and ice, the charges for that process may be placed on the owner's property tax assessment and enforced in the same manner as delinquent property taxes.  Interest is assessed on delinquent charges.

EFFECT OF PROPOSED SUBSTITUTE:

The authority allowing a city or town to require a property owner to remove snow and ice accumulations is stricken.  A city or town is also not given the authority to remove snow and ice accumulations and charge the owner for the cost to the city.

Fiscal Note:      none requested

Senate Committee - Testified: Joseph Gavinski, City of Moses Lake; Doug Baker, Association of Cities