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For the purpose of this chapter, the following definitions shall apply unless the context or meaning clearly indicates otherwise:

A. “Abate” means to repair, replace, remove, destroy, correct or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the director’s judgment determines is necessary in the interest of the general safety and welfare of the community.

B. “Alley” means a public right-of-way not designed for general travel and to the rear of residences and business establishments which right-of-way has been dedicated or deeded to the public and is a secondary means of access to abutting property.

C. “Director” means the directors of any department of the city, or such other head of a department that the city council has authorized by ordinance to utilize the provisions of this title and shall include any duly authorized representative of such director. If more than one department is authorized to act under this title, the term “director” shall also be understood to mean all applicable “directors.”

D. “Fire hazard” means vegetation which is dry and combustible, including but not limited to weeds, grass or clippings, dead bushes or trees or their parts, and other combustible vegetative materials, but specifically excluding small logs and kindling used for firewood, vegetative materials used as compost for fertilizer, and decaying vegetation in wetlands and fish and wildlife habitat areas.

E. “Health hazard” means any of the following:

1. Vegetation or refuse which provides a harborage for wild rats or other pests as set forth in RCW Title 17, Weeds, Rodents and Pests;

2. Vegetation which is poisonous, including but not limited to poison ivy, poison oak, poison hemlock, poison sumac, and nightshade;

3. Vegetation which is noxious, including gorse, Japanese knotweed, purple loosestrife, giant hogweed, tansy ragwort, knapweed, Dalmatian toadflax, and any other plant which may be determined to be noxious, in accordance with RCW Title 17; and

4. Vegetation, refuse and feces which create a danger of contamination or disease.

F. “Nuisance” is the unlawful performance of an act or omission to perform a duty, which act or omission either unreasonably annoys, injures or endangers the comfort, repose, health or safety of others, unreasonably offends decency, or unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway, or in any way renders other persons insecure in life, or in the use of property. Any violation of the provisions of the Bothell Municipal Code relating to the health, safety, comfort, welfare, or general well-being of the citizens of the city of Bothell is hereby declared to be a nuisance and a violation of this chapter, including but not limited to violations of Chapters 6.16, 8.22, 8.23, 8.26, 8.28, 12.12 and 12.22 BMC and BMC Title 20.

G. “Occupant” means any person occupying or having possession of property or any portion thereof.

H. “Owner” means any person who, alone or with others, has title or interest in property with or without accompanying actual possession thereof, and including any person who as agent or as executor, administrator, trustee or guardian of an estate has charge, care or control of any property.

I. “Person” means any person, association, firm, partnership, corporation and governmental unit, subdivision or agency.

J. “Planting strip” means that part of a street right-of-way between the abutting property line and the curb, or, if no curb exists, between the abutting property line and the traveled portion of the street, exclusive of any sidewalk.

K. “Premises” means any building, lot, parcel, real estate, land or portion thereof whether improved or unimproved, including adjacent sidewalks and parking strips.

L. “Property” means a specific parcel or parcels, platted or unplatted, of land or real estate.

M. “Public nuisance” is a nuisance that affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal.

N. “Safety hazard” means vegetation which overhangs the street, sidewalk or alley in such a way as to impede the free and full use of the street, sidewalk or alley, and vegetation which obstructs the vision of drivers such that traffic regulation signs or view of an intersection is obstructed from a position of 30 feet or closer to the intersection, and vegetation which creates injury to or the opportunity or risk for injury to passersby or the general public.

O. “Street” means a public thoroughfare which affords the principal means of access to abutting properties.

P. “Vegetation” means trees, shrubs, grass, weeds, bushes, vines, and other plant materials, including but not limited to clippings, fallen leaves, fruit or branches. (Ord. 2045 § 2 (Exh. B), 2010; Ord. 1745 § 1 (Att. A), 1998; Ord. 1688 § 1, 1997).