A. As used in this section, the term "noxious vegetation" means uncontrolled or uncultivated growth of vegetation left unmanaged which creates traffic visibility problems at intersections, poses a threat of conflagration that may endanger the safety and welfare of the citizens of Umatilla or unreasonably interferes with the use and enjoyment of abutting public or private property. Noxious vegetation includes:
1. All vegetation identified in the "Noxious Weed Policy And Classification System" published by the Oregon department of agriculture, and all weeds identified under OAR 603-052;
2. Any vegetation, including grass and weeds, that:
a. Poses a fire hazard because it is dry and more than twelve inches (12") high,
b. Encroaches onto an opened public right of way or across a property line,
c. Poses a traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of the thoroughfare hazardous,
d. Creates an unsafe area to which children may be attracted,
e. Is capable of being used for concealment or habitation by trespassers,
f. Harbors animals that pose a health threat to humans, or
g. Is listed as noxious by federal, state or county authorities.
B. The term does not include:
1. Vegetation (except any noxious weed outlined in the "Noxious Weed Policy And Classification System" published by the Oregon department of agriculture, and all weeds identified under OAR 603-052) that is maintained as an ornamental hedge, privacy screen or windbreak no wider than approximately five feet (5');
2. Vegetation that is maintained as a safety barrier at the top edge of a steep slope or other hazardous location;
3. Trees.
C. It shall be the duty of the owner or person in charge of property to cut down or destroy any noxious vegetation as often as needed to prevent the health and safety hazards described above except as follows:
1. Undeveloped properties less than forty thousand (40,000) square feet shall be maintained as described above.
2. Properties over forty thousand (40,000) square feet may be exempted provided that parcels abutting developed properties may be required to maintain fire buffers along developed property boundaries as directed by the city manager.
D. No owner or person in charge of property abutting the right of way of an open street or public sidewalk (whether part of a street easement or right of way or located on public land) shall permit vegetation to interfere with adjacent street or sidewalk traffic. (Ord. 778, 9-4-2012)