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A. Overview. Various chapters of this title establish specific development, performance and maintenance standards for uses and developments on individual properties.

1. All properties or parts thereof shall be maintained in a safe and sanitary condition to reduce blight and sustain the highest quality of life standard within the city.

2. All exterior property and premises and the interior of every structure shall be free from any accumulation of rubbish or garbage.

3. All premises and exterior property shall be maintained as further set forth in subsection (B) of this section.

4. All properties or parts thereof shall be maintained to meet the requirements of this title and any conditions or restrictions imposed on the property by federal, state or city requirements.

B. Maintenance Requirements.

1. Fences. All fences, whether or not required by this title, shall be maintained in a condition of repair so as not to be dangerous to human life or a danger to the property. For fences visible from the public right-of-way, damaged sections, missing boards, or leaning fences shall be repaired, replaced or removed so as to not create a visual or attractive nuisance.

2. Corner Building Sites. All corner building sites located in use districts that require a front and a side yard shall maintain a clear triangle at the intersection of the street and/or alley rights-of-way for the purpose of traffic safety. No building, structure, object or growth over thirty-six inches in height, measured from the mean grade of the intersecting streets, shall be allowed within this triangle. One angle of this triangle shall be formed by the intersecting street rights-of-way and the sides of the triangle measured along the property lines from said angle shall be fifteen feet in length; the third side of such triangle shall be a straight line connecting the ends of the two aforementioned lines.

3. Vision Clearance. All corner building sites located in use districts that require a front and a side setback shall maintain a clear triangle at the intersection of the street and/or alley rights-of-way for the purpose of traffic safety. No building, structure, fence, object or growth over thirty-six inches in height, measured from the mean grade of the intersecting streets, shall be allowed within this triangle. One angle of this triangle shall be formed by the intersecting street pavement edge or curb and the sides of the triangle measured along the street pavement edge or curb from said angle shall be fifteen feet in length; the third side of such triangle shall be a straight line connecting the ends of the two aforementioned street pavement edge or curb lines. See Chapter 19.40 EMC for additional fence standards.

4. Landscaping. All landscape areas required by this title shall be maintained in accordance with the following standards:

a. All landscaping shall be maintained with respect to pruning, trimming, mowing, watering, insect control, fertilizing, or other requirements to create a healthy growing condition, attractive appearance, and to maintain the purpose of the landscape type.

(1) Pruning of trees must be consistent with ANSI A300 (Part 1) American National Standard for Tree Care Operations—Tree, Shrub, and Other Woody Plant Management—Standard Practices (Pruning) and companion publication Best Management Practices Tree Pruning. Required trees shall not be pruned to maintain a height below twenty feet, except as required under power lines or as approved through the landscape modification process in EMC 19.35.190.

(2) The topping, shearing or pollarding of required trees is prohibited.

(3) Portions of trees that extend over areas used by pedestrians or vehicle maneuvering or parking areas, or that abut driveways, shall be limbed up to a height of seven feet to maintain pedestrian and vehicle clearance and clear lines of sight.

b. Topped, sheared, pollarded, dead, diseased, stolen, vandalized, improperly pruned, missing or damaged plants shall be replaced within three months, with the plants indicated on the approved landscape plan or as required by this chapter.

c. All landscaped areas shall be maintained reasonably free of weeds and trash.

d. All required landscaping which is located within public right-of-way shall be maintained by the abutting property owner.

e. All LID stormwater management facilities shall also be maintained in accordance with the city of Everett stormwater management manual.

f. When the city takes enforcement action under EMC 19.41.020 to ensure that dead, diseased, stolen, vandalized, improperly pruned, or damaged plants are replaced, a two-year maintenance assurance device, as described in EMC 19.41.070, shall be required for the replaced landscaping.

5. Maintenance of Private Common Areas. All common open space and recreation areas and all private utility infrastructure shall be maintained by the property owner or an owners’ association, as applicable, including but not limited to:

a. Private access drives;

b. Vehicle and pedestrian access easements;

c. Joint use and maintenance agreements;

d. Common off-street parking;

e. Common open space (including, but not limited to, landscape areas, gardens, woodlands, walkways, courtyards or lawns, and outdoor recreation areas);

f. Private utility infrastructure (including, but not limited to, underground utilities and utility easements); and

g. Any other common buildings or improvements.

6. Maintenance of Lot, Buildings and Facilities. Buildings, utilities and facilities on lots shall be maintained by the property owner in accordance with city codes and the requirements applicable to the development.

7. Land Division Covenants, Declarations and Restrictions. Prior to the recording of a land division, the applicant shall provide covenants, declarations and restrictions required by the city for review and approval. The common areas and infrastructure identified in subsection (B)(3) of this section must be maintained by an owners’ association in accordance with all applicable provisions of the city code. Said covenants, declarations and restrictions shall provide authority for the city, after providing reasonable written notice to the association and opportunity to perform required maintenance, to recover any costs incurred by the city to maintain private infrastructure or common areas due to a failure of the association to adequately maintain privately owned improvements, including a lien on the property or other appropriate assurance device, as determined by the city.

8. Wetland, Shoreline, and Critical Area Buffers and Mitigation Plans.

a. Buffers that are required to be protected with signs or fences shall be maintained as required by this title or the Everett shoreline master program.

b. Buffer impacts which are approved with mitigation shall ensure that work is completed in accordance with the mitigation plan, that maintenance and monitoring occur on a regular basis, and that restoration or rehabilitation is performed in accordance with the contingency plan if mitigation failure results within five years of implementation.

(1) The construction performance guarantees shall not be released until the applicant’s qualified professional and the planning director sign off to indicate that construction has been completed as planned.

(2) A separate performance assurance device shall be required for maintenance, monitoring, and contingency. This guarantee shall not be released until the applicant’s qualified professional and the planning director sign off that maintenance and monitoring have been completed per the plan, and the mitigation meets performance goals.

C. Enforcement. Failure to comply with this title will be enforced through the procedures set forth in Chapter 1.20 EMC. (Ord. 3774-20 § 5(W) (Exh. 3), 2020.)