HomeMy WebLinkAbout3009 Weed Abatement
ORDINANCE NO. 30DL
AN ORDINANCE RELATING TO WEED ABATEMENT,
NOXIOUS VEGETATION, AMENDING AMC CHAPTER 9.04,
AMC 13.02.050 AND REPEALING AMC 9.08.100
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold"'" . and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have' all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiahters. Local 1660, Beaverton ShOD. 20 Or.
App. 293, 5}1 P 2d 730, 734 (1975);
WHEREAS, weeds and noxious vegetation constitute a fire hazard to persons and
property within the city; and
WHEREAS, the weed abatement ordinance was originally adopted in 1951 and
revisions to the code are necessary to facilitate the removal of weeds and noxious
vegetation; .
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 9.04.002 [Purpose] is hereby added to read as follows:
9.04 Weeds and Noxious Veaetation Abatement
9.04.002 Purpose.
The purpose of this chapter is to reduce the risk of damaae to property and
persons by fire due to weeds. and to reduce hazards to public health.
aariculture. recreation. and wildlife by controllina the arowth of weeds and
noxious veQetation. Ashland Fire and Rescue and the city's Code
Compliance Officers intend to prioritize enforcement and abatement under
this chapter based upon the dearee of fire risk or other hazard caused by
the violation and the availability of resources.
SECTION 2. Section 9.04.005 [Definitions] is hereby added to read as follows:
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Page 1 of5
.9.04.005 Definitions.
A. Code Compliance Officer: all individuals desiQnated as such pursuant
to AMC 1.08.005. includinQ specifically the Fire Chief.
B. Fire Chief: the City of Ashland Fire Chief or his/her authorized desiQnee.
C. Fire hazard: a written determination from the Fire Chief that the Quality.
condition. and/or location of veQetation creates a risk of fire.
D. Noxious veQetation: all veQetation listed on the noxious weed list
promulQated by the OreQon Department of AQriculture's Plant Division.
E. Owner: owner of real property. aQent of the owner. and/or occupant of
any lot or parcel of land.
F. Summer season: between May 15 and September 30 of any year. or the
end of fire season as declared by the OreQon Department of Forestrv.
which ever is later.
G. Weed:
(11 VeQetation. Qrass. shrubbery. and round wood that is less than 1/4
inch in diameter and more than four inches (4"1 hiQh. and
(21 VeQetation that is a:
(al Health hazard. such as providinQ harboraQe for vermin;
(b) Fire hazard due to the Quantity andlor location: or
(el Traffic hazard because it impairs the view of a public
thorouQhfare or otherwise makes use of the thorouQhfare
hazardous.
SECTION 3. Section 9.04.010 [Weeds Declared Nuisance] is hereby amended to read
as follows:
9.04.010 Weeds Declared Nuisance
The Qrowth or maintenance of weeds upon lots and parcels of land. and
abuttinQ riQhts-of-way in the City durinQ the summer season. or at any
other time of year when deemed a fire. health or traffic hazard. is declared
to be a nuisance.
The growth of grass, weeds, shrubbery, and vegetation upon '/acant and
other lots and par-sels of land, and the streets and alleys abutting thereon,
in the City, during the summer season, constitutes a fire menace and
greatly increases the fire hazard in the City, and is declared to be a
nuisance.
SECTION 4. Sections 9.04.012 [Noxious Vegetation Declared Nuisance] through
9.04.015 [Exemptions to Nuisance] are hereby added to read as follows:
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Page 2 of5
9.04.012 Noxious VeQetation Declared Nuisance
The Qrowth or maintenance of noxious veQetation upon lots and parcels of
land, and abuttinQ riQhts-of-way in the City at any time is declared to be a
nuisance.
9.04.015 Exemptions to Nuisance
A. The term "weed" does not include veQetation that constitutes an
aQricultural crop or decorative residentiallandscapinQ, unless that
veQetation is a fire, health, or traffic hazard.
B. It shall not be a violation of this chapter for property owners to maintain
wetland or upland native veQetation in its natural state either on their
property or in common areas when required to do so pursuant to the
requirements of state law, city ordinance or land use approval. NothinQ
herein prohibits a property owner from preservinQ native YeQetation in
its natural state in excess of the requirements of state law or city
ordinance. provided the owner prepares and implements a manaQement
plan for maintenance of the natural area and said plan is approved and
on file with the community development department.
SECTION 5. Sections 9.04.020 [Removal - Responsibility] and 9.04.030 [Violation] are
hereby amended, and sections 9.04.024 [Responsibility of Owner -Removal of Noxious
. Vegetation] and 9.04.028 [Abatement Process] are hereby added to read as follows:
9.04.020 Responsibility of Owner - Removal of Weeds Responsibility
The owner of any lot or'parcel of land. within the limits of the City of
Ashland shall cut andlor remove weeds QrowinQ thereon. and on adjacent
and abuttinQ riQhts-of-way. between May 15th and June 15th of each year.
It shall be the duty of an owner to continue to cut and remove the weeds
throuQhout-the summer season, or any other time of year when deemed a
fire. health, or traffic hazard.
The e'f:ner, agent of owner aml!or occupant of any lot or parcel of land
'Nith;n the limits of the City of Ashland shall cut and r.emove the '.'feeds,
gr-ass, bushes and shrubbery, except ornamental bushes and shrubbery,
growing ther.eon, or on adjacent and abutting streets, avenues, and alleys,
between May 15th and June 15th of each year and shall, where the same
grows a second grovlth, cut the same a second time during the summer
and in case of failure to do so, said person or persons shall be subject to
fine and!or imprisonment aREI the City may cause such vegetation to be cut
and removed aREI the expense incurred on account thereof shall be
chargeable as a lien upon said lot or parcel as aforesaid.
9.04.024 Responsibility of Owner - Removal of Noxious VeQetation
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Page 3 of5
The owner of any lot or parcel of land within the limits of the City of
Ashland shall not permit noxious veQetation to Qrow upon their prooertv
and on adiacent and abuttinQ riQhts-of-wav. It shall be the duty of an owner
to cut down or to destroy and remove all noxious veQetation as often as
needed to prevent it from becomin(l a fire. health or traffic hazard. from
becominQ unsiQhtlv. or maturinQ. spreadin(l. and QoinQ to seed.
9.04.028 Abatement Process
The Uniform Abatement Process set forth in chapter AMC 2.31 shall applv
to nuisances identified in this Chapter and may be used to abate
continuin(l violations. NotwithstandinQ any other AMC provisions. a code
compliance officer may order the minimum abatement necessary to abate a
fire. health or traffic hazard. (e.Q. creation of an adequate fire break to
protect adiacent property from fire exposure). Abatement of the nuisance
shall not prohibit the city fromseekinQ any other remedy or sanction
provided bv law.
9.04.030 Violation Penalty
Any violation owner, agent of tile owner, or oGcupant of any premises
violating any of tile pro\'isions of this chapter. includinQ creatinQ or
maintaininQ a nuisance. shall be is punishable as a Class A violation and
each day the nuisance is maintained shall constitute a separate offense.
prescribed in Section 1.08.020.
SECTION 6. AMC 13.02.050 [Obligations of City] is hereby amended to read as
follows:
13.02.050 Obligations of City
The exercise of jurisdiction and regulatory control over a public right-of-way by the
city is not official acceptance of the right-of-way for public access and does not
obligate the city to open or improve any part of the right-of-way. Upon
improvement of any public right-of-way to city street standards. the city shall
accept the improvement and maintain and repair such improvement to the
standard to which it has been improved. For purposes of weed abatement and
similar nuisance-type ordinances imposing obligations upon property owners.
(e.(I. snow removal. weeds and noxious veQetation. sidewalk maintenance)
the city shall be responsible for compliance with such ordinances in public rights-
of-way adiacent to or abuttina citv-owned or controlled real property.
SECTION 7. Repeal. Ashland Municipal Code Chapter 9.08.100 [Noxious Growth] is
hereby repealed in its entirety. Any municipal code provisions in conflict with the
provisions contained herein are also hereby repealed.
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SECTION 8. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 9. Savinqs. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall
remain valid and in full force and effect for purposes of all cases filed or commenced
during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions commenced and continued under the laws in effect at the time the matters
were originally filed.
SECTION 10. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered, or
re-Iettered, provided however that any Whereas clauses and boilerplate provisions (Le.
Sections 7-10) need not be codified and the City Recorder is authorized to correct any
cross-references and any typographical errors.
The for going ordinance was first read by title only in ~acc rdalJc with Article X,
Sec' 2(C) cif the City Charter on the h day of ~ ' 2010,
a UIYPASSEDa~~of . ,2010.
vBarbara M. Christensen, City Recorder -I. IJ
. SIGNED and APPROVED this ji) day of ~ ' 2010.
~)r~-1e
t Attorney
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