When it comes to weeds, the city of Airway Heights is clarifying who is responsible for taking care of public streets, alleys and right-of-ways.
Staff has proposed an ordinance that repeals Chapter 12.12 of the city’s municipal code — “Sidewalk Construction and Maintenance.” In its place will be a new chapter, “Public Sidewalk Construction and Maintenance and Public Right of Way and Alley Maintenance.”
According to J.C. Kennedy, Parks, Recreation and Community Services director, staff decided to repeal the old chapter after receiving several citations from the Spokane County Noxious Weed Board.
Spokane County’s website states the board’s mission is to mitigate the impact from noxious weeds in order to preserve agricultural lands and natural resources.
Kennedy said some of the areas the board issued citations for in Airway Heights were on private property and land developments outside of the city’s control.
“There have been some gray areas on who is responsible for what over the years because of development in the city,” Kennedy said. “This new ordinance has been something the city has looked at over the years but never really talked about.”
The new chapter establishes public and private responsibilities for maintenance and repair of sidewalks and landscaping located on public right-of-ways and alleys. Under the new chapter, abutting property owners or occupants shall maintain sidewalks and adjacent areas. The sidewalk along the entire length of the abutting property shall be kept clear of snow, ice, dirt, debris, leaf accumulations and any other obstacles that would hinder or interfere with safe and easy pedestrian use. The chapter states that plant material shall be removed from cracks, voids or openings in the sidewalk surface.
“Really all of this is to just clarify what you’re responsible for on your property,” Kennedy said.
Under the ordinance, owners or occupants must trim all vegetation so it does not intrude into or overhang any portion of the sidewalk, as well as obstruct or obscure any traffic control device. Vegetation may not intrude into a 3-foot radius around any fire hydrant above a height of 6 inches from the ground surface.
The chapter also requires property owners or occupants to repair damage to sidewalks if they cause it. Public right-of-ways and alleys shall be maintained in a similar manner to city sidewalks.
The new chapter borrows from the city’s code “Nuisance” chapter for enforcement and abatement. If the city receives a complaint from a resident, a code enforcement officer will investigate the matter. According to the ordinance, city department directors, a director’s designee, building and construction inspectors, a fire marshal or any other person assigned or directed by the city manager may act as code enforcement officers.
For each violation, the property owner or occupant will be fined $250 for the first day, $500 for the second day and $1,000 for each subsequent day the violation exists up to a maximum monetary fee of $5,000. A person who receives a civil violation can respond within 14 days by paying any fine and correcting the violation, entering into and complying with a voluntary correction agreement with the city or requesting a hearing to contest the violation.
The property owner or resident who causes a violation may enter into a voluntary agreement with the city to clarify the violation in a specific timeframe.
Al Stover can be reached at al@cheneyfreepress.com.
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