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HomeMy WebLinkAbout5090 RESOLUTION NO. 5 0 9 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO EXPEND FUNDS TO ABATE THE LITTER, JUNK, WEED AND ATTRACTIVE NUISANCES AT IDENTIFIED LOCATIONS IN THE CITY OF AUBURN WHEREAS, Article XI, sec4ion 11 of the state constitution, RCW 35.22.280, and RCW 35.21.310 authorize cities to abate nuisances within their city limits; and WHEREAS, Title 8 of the Auburn City Code (ACC) provides a mechanism for the City to abatement nuisances and to enforce laws regulating the presence of junk, litter, debris and overgrown weeds on property; and WHEREAS, ACC 8.12 empowers the Ciry to take corrective action when efforts to have a property owner cure nuisances on the person's property has been unsuccessful; and WHEREAS, the building at 603 37`h Street SE is a nuisance property under ACC 8.12.60 and an attractive nuisance as defined in ACC 8.12.040; and WHEREAS, fhe City's Code Enforcement stafF have communicated with and given a corrective notice to the owner of the property at 603 37�h Street SE, which efforts have been inadequate to prompt the owners to secure the building at that property; and WHEREAS, the properties at 29430 132nd Avenue SE, tract B of the Hillcrest Estates Division No. 3, 32835 56`h Avenue S., and 32227 112`" Place SE are public nuisances and subject to abatement under ACC 8.20.010; and. Resolution No 5090 July 30, 2014 Page 1 of 5 WHEREAS, the City's Code Enforcement staff has communicated with, given a corrective notice to, and imposed penalties on the owners of or on the entities having a secured interest in the properties at 29430 132nd Ave. SE, tract B of the Hillcrest Estates Division NO. 3, 32835 56�h Avenue S, and 32227 112�n Place SE, which efforts have been inadequate to prompt the owners to bring the properties into compliance; and WHEREAS, the recreational vehicle located at 2710 H Street SE is a public nuisance according to ACC 8.12.020 and is subject to abatement under ACC 8.12.080; and WHEREAS the City's Code Enforcement staff have communicafed with, and given a corrective notice to the owner of the property on which the RV is located and their efforts have been inadequate to prompt the owners to bring the property into compliance; and WHEREAS, because overgrown grass and weeds, the presence of junk vehicles, and unsecured structures present a danger to public health, safety and welfare it is appropriate that the City take appropriate steps to abate these nuisance conditions on said properties and to take all steps provided in code to recover the City's costs of such corrective action. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Findinsts of Nuisance. That the City Council makes the following findings: ------------------------ Resolution No. 5090 July 30, 2014 Page 2 of 2 a) The building at 603 37�h Street SE has remained vacant but unsecured for over three months and its unsecured condition has resulted in a structure fire, a gas leak, vandalism, trespassing arrests, and the presence of drug paraphernalia about the property. b) That the condition of the Property may reasonably be expected to attract young children and poses a danger to such children. c) Since at least May 2014 4he residential property at 29430 132nd Avenue SE has contained gras.s and weeds greater than six inches in height throughout the property. d) Since at least May 2014, the vacant and undeveloped property that is the tract B (storm tract) of the Hillcrest subdivision has contained grass and weeds greater than twelve inches in height fhroughout fhe property. e) Since at least May 2014, the residential property at 32835 56�h Avenue S. has contained grass and weeds greater than six inches in height throughout the property. � Since at least June 2014, the residential property at 32227 112`h Place SE has contained grass and weeds greater than six inches in height throughout the property. g) Since at least July 22, 2014, the property at 2710 H Stre.et SE has contained a partially destroyed recreational vehicle that constitutes a junk vehicle under Aubum City Code. h) That the conditions of these properties constitute a nuisance, as described in Exhibit A that warrants abatement under ACC 8.12 and 8.20. ------------------------- Resolution No. 5090 Juljr 30, 2014 Page 3 of 3 i) That the condition of the properties, as described in exhibit A, is detrimenfal to health, safety and welfare of the public and necessitates corrective action to preserve the public health, safety and welfare. j) That the City has provided the property owners with notices of the violations, the nuisance conditions, and necessary remedial action and they have all failed to take corrective action. Section 2. Authorization for Abatement and Cost Recoverv. That if the nuisance conditions herein described are not fully corrected within three d@ys of receipt of written notice of abatement of these nuisance conditions to the person(s) or entity owning, occupying or controlling each premises, the Mayor is authorized to utilize City resources to correct and abate the nuisance conditions at any said property, to record all costs of abatement, and to take all legal steps to recover these costs from the person(s) or entity owning or controlling the property(ies). Section 3. Continuinq Abatement Authorization. That after the Mayor has exercised the authority granted in Section 2, the Mayor finds that any of the above findings describe the condition of one of 4he propeRies, the Mayor is authorized to again give notice of abatement to the person(s) or entity owning, occupying or controlling such premises and, if no corrective action is taken within three days of the date of receipt of the notice, to again utilize City resources to correct and abate fhe nuisance condi4ions at said property and take all legal steps to recover the costs from the person(s) or enti.ty owning or controlling the premises. ---------------------- I Resolution No. 5090 July 30, 2014 Page 4 of 4 Section 4. Administrative Frocedures. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures. Dated and Signed this ��day of �� , 2014. CITY OF AUBURN ANCY B GK S MAYOR ATTEST: /L�L(�k� �� Danielle E. Daskam, City Clerk APPRO D AS TO FORM: aniel B. Heid, Gity Attorney -------------------------- Resolution No. 5090 July 30, 2014 Page 5 of 5 FINDINGS OF FACT REGARDING PROPERTY LOCATED AT 603 37�" Street SE Code Enforcement Officers have received complaints about the premises at 603 37"' St. SE, Auburn, Washington regarding an unsecured structure and trespassers in the structu�e. Code Enforcement and Police offcers have made repeated visits to the property to inspect the conditions reported. On multiple visits, officers heve found the home unsecured, windows broken, and transients in the home. Police officers arrested one indiyidual for trespass and for an outstanding warrant on one such visit. In addition to overgrown vegetation throughout the property, officers have found drug paraphernalia (needles, pipes, spoon) on the properly and trash in and outside the residences. On one occasion, officers found the charred remains of wood in a bathroom sink, which had been removed from the residence. The premises creates an inviting yet unsafe site for children to play and explore, constituting an attractive nuisance. On July 7, 2014, a code enforcement officer on the premises smelled the odor of natural gas. Fire personnel discovered a gas leak caused by the tampering with a freplace gas line. VRFA shut the gas off and a PSE representative locked the gas meter to interrupt gas service to the property. On July 22, VRFA responded to the property for a structure fire. A utility shed on the north side of the main structure had bumed. A Notice to Correct was posted at the property on June 5, 2014 and a code � enforcement officer spoke to a preservation company representative about the property on the same day. No evidence of compliance with the order has ocbu�red since that date. The property remains unsecured. It is appropriate that the City take action to abate, ameliorate and address the unsafe, unheakhy and dangerous conditions thereon. Signed this �Sr1� day of July, 2014 Jeff Tat , A ' ctor of Community Deve pme ervices, City of Auburn FINDINGS OF FACT REGARDING A JUNK RECREATIONAL VEHICLE LOCATED AT 2710 H STREET SE. Code Enforcement O�cers received complaints about a dilapidated recreational vehicle on a residential lot located at 2710 H Street SE in Auburn, Officers made repeated visits to the property to inspect the conditions reported. Photos of the premises taken by the officers during these inspections are attached. Both sides of 4he recreational vehicle has been greatly damaged with most of the siding removed, exposing most of the vehicle's interior to the weather. Officers found the interior materiai of the RV laying upon fhe ground around the RV. Evidence of a recent fire existed near the cab of the RV. The RV in operable and has no more value than scrap value, and clearly appeared abandoned. It presents an attractive nuisance and a risk of vandalism, other criminal behavior, and a further fire hazard. A Notice to Correct was issued to the homeowner July 22, 2014, without compliance thereto. i It is appropriate that the City fake action to abate, ameliorate and address the unsafe, I unhealthy and dangerous conditions thereon. Signed this 3�� day of July, 2014 ! I � � Jeff Ta , � arit Director of Community Deve p Services, City of Auburn FINDINGS OF FACT REGARDING PROPERTY LOCATED AT 29430 132"d AVENUE SE Code Enforcement Officers received complaints about the premises at 29430 132"a Avenue SE 2121, Auburn, Washington regarding certain health and safety concerns. Officers made repeated visits to the property to inspect the conditions reported. Photos of the premises taken by the officers during these inspections are attached. Weeds and vegetation on the property have been allowed to grow and proliferate, to a height greater than six inches, and in some portions of the premises over three feet. The quantity of overgrown grass and weeds constitute a fire hazard to the residence and a harborage or a potential harborage for pests and vermin, Including insects and rodents. A Notice to Correct was issued to the homeowner and the mortgage prope_rry maintenance company on May 14, 2014. A Notice of Penalty was issued on May 20, 2014, without compliance thereto. It is appropriate that the City take action to abate, ameliorate and address the unsafe, unhealthy and dangerous conditions thereon. Signed this 31 sk day of July, 2014 Jeff Tab nt Director of Community Devel t ervices, City of Auburn EXHIBIT A FINDINGS OF FACT REGARDING PROPERTY THAT IS TRACT B OF THE HILLCREST SUBDIVISION Code Enforcement Officers received complaints about the vegetation on the vacant property that is designated as a storm tract for Hillcrest Subdivision. Officers made repeated visits to the property tb inspect the conditions reported. F'hotos of 4he premises taken by the officers during these inspections are attached, Weeds and yegetation on the properry have been ailowed to grow and proliferate to a height greafer than twelve inches throughout the property. The quantity of overgrown grass and weeds constitute a fire hazard and a harborage, or a potential harborage, for pests and vermin, including insects and rodents. A Notice to Correct was issued to the homeowner on May 28, 2014. In response, the property owner refused to address the overgrown vegetation and denied his responsibility to do so. A Notice of Penalty was issued on July 7, 2014, without compliance thereto. It is appropriate that the City take action to abate, ameliorate and address the unsafe, unhealthy and dangerous conditions thereon. Signed this I�day of July, 2014 Jeff T irector of Community Dev p t Services, City of Auburn FINDINGS OF FACT REGARDING PROPERTY LOCATED AT 32835 56TH AVENUE S. Code Enforcement Officers received complaints about the vegetation on a residential lot located at 32835 56�h Avenue S. in Auburn. Offlcers made repeated visits to the property to inspect the conditions reported. Photbs of the premises taken by the officers during these inspections are attached. Weeds and vegetation on the property have been allowed to grow and proliferate to a height greater than six inches throughout the property. The quantity of overgrown grass — and weeds constitute a fire hazard and a harborage, or a potential harborage, for pests and vermin, including insects and rodents. A Notice to Correct was issued to the homeowner June 11, 2014, and a Notice of Penelty was issued on July 2, 2014, wi4hout compliance thereto. It is appropriate that the City take action to abate, ameliorate and address the unsafe, unhealthy and dangerous conditions thereon. Signed this ...316T day of July, 2014 Jeff te sistant Director of Community � D el nt Services, City of Auburn j FINDINGS OF FACT REGARDING PROPERTY LOCATED AT 32227 112T" PLACE SE. Code Enforcement Officers received complaints about the vegetation on a residential lot located at 32227 112�" Place SE. in Auburn. Officers made repeated visits to the property to inspect the conditions reported. Photos of the premises taken by the officers during these inspections are attached. Weeds and vegetation on the property have been allowed to grow and proliferate to a height greater than six inches throughout the prope.rty. The quantity of overgrown grass and weeds constitute a fire hazard and a harborage, or a potential harborage, for pests and vermin, including insects and rodents. A Notice to Correct was issued to the homeowner June 12, 2014, and a Notice of Penalty was issued on July 2, 2014, without compliance thereto. It is appropriate that the City take action to abate, ameliorate and address the unsafe, unhealthy and dangerous conditions thereon. i Signed this 3�5� day of July, 2014 Jeff Ta , is ant Director of Community Dev�p t Servicea, City of Auburn