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Ordinance 2243WDT/trs 10/19/81 ORDINANCE NO. 2243 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, ESTABLISHING A NEW CHAPTER 17.80 REGARDING MAINTENANCE OF PLANTER AREAS; DEFINING TERMS; REQUIRING PLANTER AREAS TO BE MAINTAINED; SPECIFYING ENFORCEMENT PROCEDURES; AND PROVIDING PENALTIES. WHEREAS, the City Council finds that proper mainte- nance of planter areas adds to the scenic beauty of Edmonds, contributes to increased property values, and is in the best interest of the public health, safety and general welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 17.80 is hereby added to the Edmonds City Code to be entitled "Planter Area Maintenance." Section 2. A new Section 17.80.000 is hereby added to the Edmonds City Code to read as follows: 17.80.000 APPLICABILITY The provisions of this chapter shall apply only to properties with business, commercial, and/or multi -family uses. Section 3. A new Section 17.80.010 is hereby added to the Edmonds City Code to reads as follows: 17.80.010 DEFINITIONS For the purposes of this chapter, the following words and phrases shall have the following meanings: -1- A. "Maintain" shall mean to keep the plants, shrubs, and/or lawns within planter areas adequately watered, weeded, mowed and to replace dead or dying plants. In addition "maintain" shall mean that debris and litter are removed and kept form the planter areas. B. "Owner" includes a person occupying the prop- erty as a lessee. C. "Planter area" means all exterior locations designed, designated, and/or actually used for the growth of shrubs, flowers, trees, lawns and other plant material. Section 4. A new Section 17.80.030 is hereby added to the Edmonds City Code to read as follows: 17.80.030 MAINTENANCE REQUIRED The owner of any property subject to the provisions of this chapter shall maintain all planter areas on his property. Section 5. A new Section 17.80.040 is hereby added to the Edmonds City Code to read as follows: 17.80.040 ENFORCEMENT Whenever the Planning Director becomes aware that an owner is not properly maintaining a planter area as required by this chapter, a notice shall be sent. The notice shall specify: A. The location of the planter area. B. The specific manner in which the planter area has not been maintained. C. A time within which to correct the deficiency. D. A notice that criminal penalties may result from failure to comply. If the planter area is not properly maintained within the time period established in the notice, the Planning Director shall refer the matter to the City Attorney for institution of appropriate legal action. -2- Section 6. A new Section 17.80.050 is hereby added to the Edmonds City Code to read as follows: 17.80.050 PENALTIES Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof be punished by a fine in the amount of $25 for each and every day of continued violation. Section 7. If any provision of this ordinance is held to be invalid or unconstitutional, the remaining por- tions of this ordinance shall not be effected. Section 8. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: i l MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: Id — '9 -'- A�t� j CITY CLERK, IREM VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: October 21, 1981 PASSED BY THE CITY COUNCIL: October 20, 1981 POSTED: October 22, 1981 EFFECTIVE DATE: October 27, 1981 —3— . I . 91 AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 22 day of October , 19 81, affiant posted true and correct copies of the attached Ordinance No. 2243, passed by the City Council on the 20 day of October , 19 81, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 22 day of October , 1981. jz,224- -, 1��" - Ael�j SUBSCRIBED AND SWORN to befWmeis g4 F of 190. / Notary Publ' in and f the State of W s o ing at