Title 9
HEALTH AND SANITATION

Chapters:

9.04    Rodent Control

9.12    Control of Vegetation

Chapter 9.04
RODENT CONTROL

Sections:

9.04.010    Chapter purpose.

9.04.020    Duty to keep buildings and premises free of rodents—Right of entry for inspection.

9.04.030    Duty to eradicate rodent infestation.

9.04.040    Rat baiting.

9.04.050    Violations of this chapter.

9.04.010 Chapter purpose.

It is the purpose of this chapter to protect the public health and safety and prevent the spread of infectious and contagious diseases by rats, mice, and other rodents. (Ord. 3873 § 2 (part), 2002)

9.04.020 Duty to keep buildings and premises free of rodents—Right of entry for inspection.

The owner or occupant of real property shall keep all buildings and premises free from rats, mice and other rodents, to the extent reasonably possible, as determined by the building official. A property owner or occupant shall take all necessary measures to ensure that rats, mice or other rodents do not come into contact with food, food products, goods or merchandise. Subject to applicable constitutional and statutory constraints on entry, the building official or his appointed representative shall be permitted access to property or buildings for the purpose of ascertaining the presence of rats, mice and other rodents. (Ord. 3873 § 2 (part), 2002)

9.04.030 Duty to eradicate rodent infestation.

If rat, mice or other rodent infestation occurs, a property owner or occupant shall take all necessary measures to eradicate the infestation and prevent future infestation. In addition, the owner or occupant of the property shall perform all eradication measures as reasonably required by the building official. The provisions of this section shall not apply to wetlands, unimproved parks, greenbelts or other unimproved property if the property owner or occupant has not committed any acts or omissions that increase the likelihood of rat, mice or other rodent infestation. (Ord. 3873 § 2 (part), 2002)

9.04.040 Rat baiting.

All applicants for a demolition or a land surface modification permit and those persons undertaking a land clearing project shall initiate a rat baiting program on the project site at least fifteen days prior to the start of demolition, clearing or land surface modification activity. The baiting program must continue at least until the project begins, however, no demolition, clearing or land surface modification work shall commence until all significant rat activity has been abated even if it has been fifteen or more days since the initiation of the rat baiting program, unless approved by the building official. The rat baiting program shall be approved by a qualified pest control agent and be consistent with the Seattle-King County Health Department guidelines and recommendations for rat baiting. The use of any pesticides shall fully comply with WAC 162-28-1380. The building official shall not issue or deliver any demolition or land surface modification permit, nor shall any land clearing begin, until the applicant has filed with the city a copy of the rat baiting program and a declaration, under penalty of perjury, that the requirements of this section have been complied with. The rat baiting program may be terminated at any time, due to the lack of rat activity, upon a written recommendation of the pest control agent or upon approval of the building official, however, the program must be reinstated upon discovery of additional rat activity by the pest control agent or the building official and all work may be required to be stopped until the additional rat activity has been abated as determined in writing by the pest control or upon approval of the building official. At the discretion of the building official, a project unlikely to disturb a nesting place of rats may be exempted from the requirements of this section. (Ord. 4053 § 1, 2006: Ord. 3873 § 2 (part), 2002)

9.04.050 Violations of this chapter.

The building official is hereby authorized and empowered to enforce this chapter. Violation of this chapter constitutes a misdemeanor. Violation of this chapter also constitutes a public nuisance which may be abated or remediated pursuant to Chapter 11.24 of the Kirkland Municipal Code. The remedies prescribed in this chapter are in addition to all other remedies provided for or authorized by law. (Ord. 3873 § 2 (part), 2002)

Chapter 9.12
CONTROL OF VEGETATION*

Sections:

9.12.010    Removal of overhanging vegetation and fire hazards.

9.12.020    Failure to remove—Proceedings—Notice.

9.12.030    Removal notice.

9.12.040    Failure to remove—Removal by city—Lien on property.

9.12.050    Notice of lien—Form—Enforcement.

*    For statutory authority of cities to declare weeds and overhanging vegetation a public nuisance, see RCW 35.21.310.

9.12.010 Removal of overhanging vegetation and fire hazards.

(a)    The owner of any property in the city shall remove or destroy, in a manner permitted by law, all vegetation or parts thereof that overhang or are growing on any sidewalk or street in a manner that obstructs or impairs the free and full use of the sidewalk or street by the public. Prior authorization is required from the city to the extent pruning or removal of trees is required.

(b)    The owner of any property in the city shall remove or destroy, in a manner permitted by law, all vegetation growing or which has grown and died or debris upon property owned or occupied by them that is a fire hazard or a menace to public health, safety or welfare. Such work, when proposed in a critical area or its buffer, requires prior approval from the department of planning and community development. Prior authorization also is required from the city to the extent pruning or removal of trees is required. (Ord. 4151 § 2 (part), 2008: Ord. 2149 § 1, 1971)

9.12.020 Failure to remove—Proceedings—Notice.

Whenever an owner fails to make such removal or destruction as provided in Section 9.12.010 hereof, proceedings may be initiated by resolution of the city council adopted after not less than five days’ notice to the owner, which notice shall describe the property involved and the hazardous condition, and require the owner to make such removal or destruction after notice given as required. (Ord. 2149 § 2, 1971)

9.12.030 Removal notice.

Notice may be given to the owner of any property by certified mail directed to the record owner at his place of residence as recorded in the records of the King County treasurer’s office. Such notice shall require the removal or destruction within a reasonable period as determined by the council. (Ord. 2149 § 3, 1971)

9.12.040 Failure to remove—Removal by city—Lien on property.

If such destruction or removal is not made by the owner after notice given as hereinbefore set forth, the city shall proceed to cause the removal or destruction thereof, and the cost to the city shall become a charge against the owner of the property and a lien against the property. (Ord. 2149 § 4, 1971)

9.12.050 Notice of lien—Form—Enforcement.

The notice of lien hereinbefore provided shall be substantially the same form as provided by law for liens for labor and material in the state of Washington, shall be filed with the same officer within the same time and manner and enforced and foreclosed as is provided by law for liens of labor and materials. (Ord. 2149 § 5, 1971)