Unless a different meaning is plainly required by the context, the following words and phrases as used in this chapter shall have the following meanings:
“Agent”
means any occupant or any other person acting for the owner and working, or in charge of, the land.
As it pertains to the duty of an owner, “control” and “prevent the spread of noxious weeds”
mean conforming to the standards of noxious weed control prevention adopted by rule or regulation of the Pacific County noxious weed control board.
“Lot” or “land”
means public or private property and the paved or unpaved portion of public right-of-way, which abuts upon public or private property.
“Noxious weed” or “weed”
means any plant growing in the city of Ilwaco which is determined by the State Noxious Weed Control Board to be injurious to crops, livestock, or other property (see Chapter 16-750 WAC) and which is included for purposes of control on the Pacific County noxious weed control board weed list; or, if not included on the weed list, a weed designated for control by resolution of the city.
“Owner”
means the person in actual control of real property, or his or her agent, whether such control is based on legal or equitable title or on any other interest entitling the holder to possession and, for purposes of liability for payment pursuant to the provisions of this chapter, means the possessor of legal or equitable title or the possessor of an easement; provided, that when the possessor of an easement has the right to control or limit the growth of vegetation within the boundaries of the easement, only the possessor of such easement shall be deemed, for purposes of this chapter, an “owner” of the property within the boundaries of such easement.
“Person”
means any individual, partnership, corporation, firm, the state, or any department, agency or subdivision thereof, or any other entity.
(Ord. 718 (part), 2006)
It shall be the duty of every owner of a lot or land within the corporate limits of the city to take all necessary steps to prevent the growth, spread, or accumulation of any noxious weeds on his or her property.
(Ord. 718 (part), 2006)
A. 
Whenever the mayor or the mayor’s designate becomes aware that noxious weeds are present upon property within the corporate limits of the city and that the owner is not taking sufficient steps to control the same, he or she shall send a written notice to the owner as set forth in this chapter.
B. 
The written notice shall contain: (1) the name of the noxious weeds growing on the property; (2) the location of the property; (3) the type of action necessary to control the noxious weeds; (4) the time within which such action must be completed, which time stated must be at least ten (10) days from the date of the notice; (5) signed and dated by the mayor or the mayors’ designate; (6) that if action is not taken by the owner within the time limit set forth in the notice, the mayor will sign an order authorizing the removal or destruction of the noxious weed; (7) that should the city cause removal or destruction of the violating condition, the cost incurred by the city shall become a charge against the owner of the property.
C. 
The written notice shall be posted on the property and a copy sent by U.S. mail, postage prepaid, addressed to the owner at the address shown on the rolls of the county treasurer, and to the property address, if there is one.
D. 
After corrective action has been completed, the property owner shall notify the city. The city will inspect and issue a letter of approval/denial for this incident.
(Ord. 718 (part), 2006)
No owner shall fail or refuse to take the corrective action set forth on the written notice within the time limit set forth in the notice.
(Ord. 718 (part), 2006)
A. 
If, after the required notice has been given and the owner fails or refuses to take the corrective action set forth in the written notice within the time there specified, the mayor may order the corrective action by use of city forces or by contract.
B. 
In the event that the corrective action is performed by city forces or by contract ordered by the city, the owner shall be liable for the full costs thereof, including fees for cost of services of notice and administrative overhead.
C. 
The remedy provided in this section shall be in addition to any other action authorized in this chapter or under state law, including institution of appropriate criminal and/or civil proceedings in courts of competent jurisdiction.
(Ord. 718 (part), 2006)
A person violating any provision of this chapter commits an infraction. Each violation will be punished by a fine of two hundred fifty dollars ($250.00) per violation, not to exceed a fine of two hundred fifty dollars ($250.00) per day that violations occur. All proceedings for the civil violation will be in accordance with Section 1.20.020.
(Ord. 718 (part), 2006; Ord. 959 § 3, 2025)