A. The following is declared to be a nuisance affecting public peace, safety and welfare: to own or occupy any premises upon which there shall be any trees or shrubbery which have become infected by caterpillars. It shall be the duty of every person owning or occupying any premises in the city of Lynnwood on which there shall be growing any fruit, shade or forest trees or shrubbery of any kind, to keep the same free from caterpillars, and in the event it is found that any fruit, shade or forest trees or shrubbery have become infected with caterpillars, it shall be unlawful for the owner or occupant of any such premises on which there shall be growing any such trees or shrubbery to fail or neglect to promptly take and use such methods as may be necessary to effectually destroy such caterpillars, or to in lieu thereof destroy such trees or shrubbery.

B. Failure to Eliminate Caterpillars. Should any property owner or tenant in possession, after having been given seven days’ written notice signed by the chief of police or other person designated by the chief of police, fail to eliminate and eradicate caterpillars on said property owned or occupied in the city of Lynnwood, a criminal citation shall be issued for violation of the provisions of this chapter.

C. Contents of Notice. Said notice shall describe by street address and/or general terms the property involved and the condition of infestation or presence of caterpillars, and shall require that the owner cause the condition to be eliminated within such period of time as is designated on the notice which shall be seven days; the notice shall further provide that if said condition is not eliminated within seven days, then a criminal citation shall be issued charging the owner and/or tenant in possession with a violation of the laws of the city of Lynnwood punishable by imprisonment and/or fine. The notice shall further provide that a criminal citation will not issue if:

The notice shall further provide that a recurrence or failure of the corrective measures to eliminate the condition will result in issuance of other correction notices and/or criminal citations.

D. Service of Notice. The notice provided for in subsection (C) of this section shall be served by delivering the notice or a copy thereof to the owner personally if the owner be in possession of the premises, or by leaving the same at his place of residence with a person of suitable age or discretion, or to the tenant in possession, or by leaving the same at his residence with a person of suitable age or discretion, or if the owner or tenant or a person of suitable age and discretion cannot be found then by affixing a copy of the notice in a conspicuous place on the premises involved and mailing a copy thereof to the owner at his last known place of residence, if any, or to the person whose name appears on the current assessment roll of the county assessor, relating to the property involved.

E. Penalty for Violations. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $250.00 only. (Ord. 2187 § 1, 1998; Ord. 847 §§ 1 – 3, 1976)