8.52.010 Uncontrolled weeds and vegetation.
A. It is unlawful for any person to permit or allow weeds or vegetation to become uncontrolled on any property within the City over which he or she has ownership, occupancy or control. “Uncontrolled weeds or vegetation” shall be defined as follows:
1. Any undesired, uncultivated and unsightly plants growing in profusion so as to crowd out desired plant growth or disfigure a lawn; or
2. Any vegetation growth, including but not limited to weed, grasses, bushes, hedges and trees or tree branches, which obstructs the vision of people in vehicles or on sidewalks or rights-of-way so as to interfere with the safe, full and free use of any street, sidewalk or right-of-way within the City; or
3. Any vegetation growth that creates a fire or other safety hazard; or
4. Any accumulation of weeds, brambles, berry vines, or other vegetation which is over-growing any structure or which exceeds an average height of 15 inches. It is provided, however, that the City Manager or designee is authorized to grant a variance from the provisions of this subsection where the accumulation of vegetation does not constitute a fire hazard, does not constitute a safety hazard and does not constitute a harborage of insects, rodents or other pests, and where, because of the unique topographical, agricultural or rural character of the property on which the accumulation is located, the accumulation of vegetation enhances the property or is not visible from any other property. The granting of any such requested variance shall be conditioned on the accumulation of vegetation not thereafter constituting a fire hazard, a safety hazard or a harborage of insects, rodents or other pests. The decision of the City Manager or designee granting or denying any such requested variance may be appealed within 14 days of the decision as follows: The decision of the City Manager or designee denying any such requested variance may be appealed to the City Council by the person or persons owning, occupying or controlling the property, and the decision of the City Manager or designee granting any such requested variance may be appealed to the City Council only by persons living or owning property in the immediate vicinity of the property on which the accumulation of vegetation is located and where the accumulation of vegetation is visible from the property of such persons.
B. Violation of this section shall be punishable by a civil fine in the amount of up to $500.00 per violation, providing that each day of violation shall constitute a separate violation. In addition to the civil fine(s), violations of this section may be abated by the City in accordance with the provisions of Chapter 8.16 LMC. [Ord. 181 § 10, 1998; Ord. 112 § 2, 1997; Ord. 45 § 1, 1996.]