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HomeMy WebLinkAbout5155 RESOLUTION NO. 5 1 5 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO EXPEND FUNDS TO ABATE VEGETATION AND TO REMOVE UNPERMITTED BARBED WIRE AT 1141 32nd PLACE NE IN THE CITY OF AUBURN WHEREAS, Article XI, section 11 of the Washington State Constitution, Sections 35.22.280, and 35.21.310 of the Revised Code of Washington (RCW) 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 abate nuisances and to enforce laws regulating the presence of junk, litter, debris and overgrown weeds on property; and WHEREAS, ACC Chapter 8.12 empowers the City to take corrective action when efforts to have a property owner cure nuisances on the person's property has been unsuccessful; and WHEREAS, the vegetation at 1141 32nd Place NE, within the City of Auburn, constitutes a nuisance under ACC Sections 8.12.020 and ACC 8.20.010, and the barbed wire is not allowed under Paragraph F of ACC Section 18.31.020, and is classified as an attractive nuisance under ACC Section 8.12.060; and WHEREAS, the City's Code Enforcement staff have communicated with and given a corrective notice to the owner of the property at 1141 32nd PI. NE, Auburn, WA, which efforts have been unsuccessful and inadequate to prompt the owners to maintain vegetation and to remove barbed wire from the property; and WHEREAS, because overgrown grass and weeds, and the barbed wire present a danger to public health, safety and welfare it is appropriate that the City ---------------------------- Resolution No. 5155 June 30, 2015 Page 1 of 4 I 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. Findings of Nuisance. That the City Council makes the following findings: a) The property at 1141 32nd PI. NE, Auburn, WA, continues to have unmaintained vegetation and the presence of barbed wire around the perimeter of a majority of the property. b) The condition of the Property may reasonably be expected to attract young children and poses a danger to such children. c) The conditions of this property constitutes a nuisance that warrant abatement under ACC Sections 8.12 and 8.20. d) The condition of the property is detrimental to health, safety and welfare of the public and necessitates corrective action to preserve the public health, safety and welfare. e) The City has provided persons or entities with an interest in this property with notice of the violations, the nuisance conditions, and necessary remedial action, and they have failed to take corrective action. Section 2. Authorization for Abatement and Cost Recovery. That if the nuisance conditions herein described are not fully corrected within three days of receipt of written notice of abatement of these nuisance conditions to the ---------------------------- Resolution No. 5155 June 30, 2015 Page 2 of 4 I person(s) or entity owning, occupying or controlling each premises, the Mayor or designee 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. Continuing Abatement Authorization. That after the Mayor or designee has exercised the authority granted in Section 2, the Mayor or designee finds that any of the above findings describe the condition of one of the properties, the Mayor or designee 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 the nuisance conditions at said property and take all legal steps to recover the costs from the person(s) or entity owning or controlling the premises. Section 4. Administrative Procedures. 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 , 2015. CITY OF AUBURN Oxl ANC I cK'US, MAYOR ---------------------------- Resolution No. 5155 June 30, 2015 Page 3 of 4 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. eid, City Attorney ---------------------------- Resolution No. 5155 June 30, 2015 Page 4 of 4