HomeMy WebLinkAbout5172 RESOLUTION NO. 5 1 7 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, VVASHINGTON, AUTHORIZING THE
CITY TO EXPEND FUNDS TO ABATE THE LITTER,
JUNK, WEEDS AND ATTRACTIVE NUISANCES AT
5412 S. 331ST STREET, 802 A STREET SE, 620 D
STREET SE, AND 1322 17T" STREET NE, IN THE CITY
OFAUBURN
WHEREAS, Article XI, section 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 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 building at 5412 S. 3315t Street is a nuisance property
under ACC 8.20.010 and 8.12.020 due to a lack of vegetation maintenance, the
presence of litter and debris, and unsecured structures; and
WHEREAS, the City's Code Enforcement staff have communicated wi4h
and given a corrective notice to the owner of the property at 5412 S. 3318� Street,
which efforts have been inadequate to prompt the owners to secure the building
at that property; and
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Resolution No. 5172
September 24, 2015
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WHEREAS, the building at 802 A Street SE is a nuisance property under
ACC 8.20.010 and 8.13.010 due to a lack of vegetation maintenance and the
presence of graffiti; and
WHEREAS, the City's Code Enforcement staff have communicated with
and given a corrective notice to the owner of the property at 802 A Street SE,
which efforts have been inadequate to prompt the owners to maintain the
vegetation and remove the graffiti; and
WHEREAS, the building at 620 D Street SE is a nuisance property under
ACC 8.20.010 due to a lack of vegetation maintenance; and
WHEREAS, the City's Code Enforcement staff have communicated with
and given a corrective notice to the owner of the property at 620 D Street SE,
which efforts have been inadequate to prompt the owners to maintain the
vegetation; and
WHEREAS, the building at 1322 17ih Street NE is a nuisance property
under ACC 8:20.010 and 8.12.020 due to a lack of vegetation maintenance, the
presence of litter and debris, and inoperable vehicles; and
WHEREAS, the City's Code Enforcement staff have communicated with
and given a corrective notice to the owner of the property at 1322 17`h Street NE, ,
which efforts have been inadequate to prompt the owners to maintain 4he
vegetation, remove the litter and debris and remove the inoperable vehicles; and
WHEREAS, because overgrown grass and weeds, graffiti, the presence of
junk vehicles and litter, inoperable vehicles, and unsecured structures present a
danger to public health, safety and welfare it is appropriate that the City take
Resolution No. 5172
September 24, 2015
Page 2 of 5
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. Findinqs of Nuisance. That the City Council makes the
following findings:
a) The buildings at 5412 S. 3315� Street have remained vacant but unsecured
for over three months which qualifies as an attractive nuisance and presents a
threat to the public health and safery.
b) That the condition of the Property may reasonably be expected to attract
young children and poses a danger to such children.
c) That the condition of the vegetation of the Property has remained
unmaintained which contributes to visual blight, property value degradation,
and the harborage of rodents and pests.
d) Since at least April 2015 the commercial property at 802 A Street SE has
contained grass and weeds greater than six inches in height throughout the
property which contributes to visual blight, property value degradation, and the
harborage of rodents and pests.
e) Since at least April 2015, tlie building on the subject Prbperty has
contained graffiti which is considered a public nuisance.
� Since at least May 2015 the residential property at 620
D Sfreet SE has contained grass and weeds greater than six inches in height
Resolution No. 5172
September 24, 2015
Page 3 of 5
throughout the property which contributes to visual blight, property value
degradation, and the harborage of rodents and pests.
g) Since at least February 2015 the Property at 1322 17`h Street NE has
contained junk, debris, litter, unmaintained vegetation and inoperable vehicles
which contributes to visual blight, property value degradation, the harborage of
rodents and pests, anii fhat consfitute a public nuisance.
h) That the conditions of these properties constitute a nuisance that warrant
abatement under ACC 8.12 and 8.20.
i) That the condition of the properties is detrimental 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 persons or entities with an interest in each
property wi4h notice 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 days
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).
Resolution No. 5172
September 24, 2015
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Section 3. Continuina Abatement Authorization. That after the
Mayor has exercised the authority granted in Section 2, the Mayorfinds that any
of the above findings describe the condition of one of the properties, 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 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 admini5trative 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 S� day of OG� , 2015.
CITY OF AUBURN
I�fANCY BA S
MAYOR
ATTEST:
�� ��� ,
Danielle E. Daskam, City Clerk
APP O D F
Da � B. ei , �.y Attorney
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Resolution No. 5172
September 24, 2015
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