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HomeMy WebLinkAbout5191 RESOLUTION NO. 5 1 9 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO EXPEND FUNDS TO ABATE THE LITTER, JUNK, WEEDS AND ATTRACTIVE NUISANCES IN THE CITY OF AUBURN AND AUTHORIZING STEPS TO RECOVER THE CITY'S COSTS THEREOF WHEREAS, Article XI, Section 11 of the Washington State Cons4itu4ion, and Sections 35.22.280, 35.21:310, and 35A.21.160 of the Revised Code of Washington (RCW), among other statutes, authorize cities to abate nuisances within their corporate 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 8.12 empowers the City to take corrective action when efforts to have a property owner cure nuisances on the person's property have been unsuccessful; and WHEREAS, the property at 1615 M Street NE, in Auburn, Washington, constitutes a nuisance property under ACC 8.20.010 and 8.12.020 due to a lack of vegetation maintenance and the presence of litter and debris; and WHEREAS, the City's Code Enforcement staff have communicated with and given a corrective notice to the owner of the property at 1615 M Street NE, which efforts have been unsuccessful in prompting the owner to secure the building at that property and maintain the premises free of litter and debris; and Resolution No. 5191 December1, 2015 Page 1 of 1 WHEREAS, the building at 901 8th Street SE, in Auburn, Washington, is a nuisance property under ACC 8.20.010 and 8.12.010 due to a lack of vegetation maintenance and the presence of litter and debris; and WHEREAS, the City's Code Enforcement staff have communicated with and given a corrective notice to the owner of the property at 901 8th Street SE, which efforts have been unsuccessful in prompting the owner to secure the building at that property and maintain the premises free of litter and debris; and WHEREAS, the building at 31807 118�" Place SE, in Auburn, Washington, is a nuisance property under ACC 8:20.010 and 8.12.010 due to a lack of vegetation maintenance, the presence of litter and debris on the property, and unsecured structures at said address; and WHEREAS, the City's Code Enforcement staff have communicated with and given a corrective notice to the owner of the property at 31807 118'h Place SE, which efforts have been unsuccessful in prompting the owner to maintain the vegeta4ion and secure the premises; and WHEREAS, there is a vehicle located at 1101 Pike Street NE, in Auburn, Washington, that is an inoperable vehicle on property in violation of ACC 8.14.055; and WHEREAS, the City's Code Enforcement staff have communicated with and given a corrective notice to the owner of the property at 1101 Pike Street NE, which efforts have been unsuccessful in prompting the owner to remove the inoperable vehicle; and Resblution No. 5191 December 1, 2015 Page 2 of 2 WHEREAS, because overgrown grass and weeds, the presence of junk vehicles and litter, an inoperable vehicle, 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. Eindinqs of Nuisance. That the City Council makes the following findings: a) The property at 1615 M Street NE has remained vacant and unmaintained for several months which qualifies the property as an attractive nuisance and presents a threat to the public health and safety. The condition of the vegetation and junk, litter and debris at the Property has remained unmaintained which contributes to visual blight, property value degradation, attraction of criminal activity, and the harborage of rodents and pests. b) The property at 901 8`h Street SE has remained vacant and unmaintained for several months which qualifies the property as an attractive nuisance and presents a threat to the public health and safety. The condition of the vegetation and junk, litter and debris at the Property has remained unmaintained which contributes to visual blight, property value degradation, attraction of criminal activity, and the harborage of rodents and pests. Resolution No. 5191 December 1, 2015 Page 3 of 3 c) The properry at 31807 118�h Place SE has remained vacant and unmaintained for several mon4hs which qualifies the property as an attractive nuisance and presents a threat to the public health and safety. The condition of the vegetation and junk, litter and debris at the Property has remained unmaintained which contributes to visual blight, property value degradation, attraction of criminal activity, and the harborage of rodents and pests. Also, the building is unsecure and is therefore an unsafe attraction to children. d) The inoperable vehicle located at 1101 Pike Street NE has remained in the same location, been vandalized, and contributes to visual blight, property value degradation, and an attraction of criminal activity. e) The conditions of these properties constitute a nuisance that warrants abatement under ACC Chapters 8.12, 8.14, and 8.20. � 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. g) The City has provided persons or entities with an interest in each property with 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 ---------------------- Resolution No. 5191 December 1, 2015 Page 4 of 4 at any said property, to record all costs of abatement, and to take all legal steps to recover these costs from fhe person(s) or entity owning or controlling the property(ies). Section 3. Continuing Abatement Au4horization. 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 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 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 ATTEST: ANCY B CUS, MAYOR ������ Danielle E. Daskam, City Clerk Resolution No. 5191 Decemlier 1, 2015 Page 5 of 5 APPROVED AS TO FORM: � 'el 6. Heid, ity Attorney Resolution No. 5191 December 1, 2015 Page 6 of 6