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Home My WebLink About5128 RESOLUTION NO. 5 1 2 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO EXPEND FUNDS TO ABATE THE LITTER, JUNK, GARBAGE, HEALTH CONCERNS AND ATTRACTIVE NUISANCE CONDITIONS AT 625 9TH STREET SE, IN THE CITY OF AUBURN WHEREAS, Title 8 of the Auburn City Code (ACC) provides for an enforcement mechanism for the City to address abatement of nuisances and for enforcement of laws against unlawful activity involving junk, litter, debris and garbage; and WHEREAS, the code provisions empower the City to take corrective action when efforts to have the property owner cure the nuisance problem have been unsuccessful; and WHEREAS, City Code Enforcement staff have met with, communicated with, given correction notices and issued notice of infractions to the owner of the property at 625 9th Street SE, in the City of Auburn ("Property"), which efforts have been inadequate to prompt the owners to correct the nuisance conditions at that property; and WHEREAS, the property also appears to have inadequate utilities to warrant habitability; and WHEREAS, because the litter, debris, garbage, and junk present a danger to public health, safety and welfare it is appropriate that the City take appropriate steps to abate the nuisance conditions on said property and to take all steps provided in code to recover the City's costs of such corrective action. ---------------------------- Resolution No. 5128 February 2, 2015 Page 1 of 4 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) That the property located at 625 9TH ST SE in Auburn contains trash, litter, and debris in violation of ACC 8.12 and 8.20. (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 Property may reasonably be expected to attract vermin and pests and poses a public health hazard. (d) That the condition of the Property constitutes a nuisance, as described in Exhibit A, that warrant abatement under ACC 8.12 and 8.20, specifically due to the accumulation of garbage that is a danger to others; filthy, littered or trash-covered premises; the presence of trash, litter, rags, debris, and other material, which provides harborage for insects, rodents, or other pests; garbage disposed of in a manner other than provided in the solid waste code; grass clippings, cut brush or cut weeds which may create an insect or rodent harborage; the improper and unpermitted storage of junk; and grass and ground cover exceeding a height of 12 inches. (e) That the condition of the Property, as described in Exhibit A, is detrimental to health, safety and welfare of the public and is a source of filth that necessitates corrective action to preserve the public health, safety and welfare (f) That the property appears not to have sufficient utilities necessary for lawful habitation. ---------------------------- Resolution No. 5128 February 2, 2015 Page 2of4 (g) That the City has provided the property owners 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 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 person(s) or entity owning, occupying or controlling such premises, the Mayor is authorized to utilize City resources to correct and abate the nuisance conditions at 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 premises. Section 3. Continuing 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 the Property, 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. ---------------------------- Resolution No. 5128 February 2, 2015 Page 3 of 4 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 ANCY KUS MAYOR ATTEST: CL c Danielle E. Daskam, City Clerk APP OVED AS TO FOR Daniel B. Het d, City ttorne ---------------------------- Resolution No. 5128 February 2, 2015 Page 4 of 4 Exhibit A FINDINGS OF FACT REGARDING PROPERTY LOCATED AT 625 9T" STREET SE Code Enforcement Officers received complaints about the premises at 625 9T" Street SE, Auburn, Washington 98002 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 below. Garbage, litter, and debris on the property have been allowed to accumulate and proliferate to the point that they constitute a fire hazard and a harborage or a potential harborage for pests and vermin, including insects and rodents. The premises also does not have utilities necessary to support habitation. A first Notice to Correct was issued on August 13, 2014 with a compliance deadline of August 19, 2014. Code Enforcement returned to the site on August 21, 2014 to verify compliance however the violation had not been remedied. Therefore, Code Enforcement issued a second Notice to Correct on August 21, 2014 with a compliance deadline of August 23, 2014. On September 4, 2014 Code Enforcement visited the site and determined that all trash and litter had been removed therefore the property was in compliance. On November 10, 2014 Code Enforcement staff observed that trash and litter had once again accumulated on the property. Code Enforcement made contact with the property owner who acknowledged that the property had returned to a state of non-compliance. Code Enforcement provided until November 12, 2014 to clean up the property. Upon returning to the property Code Enforcement determined that the trash and litter was still present. Code Enforcement issued a Notice of Infraction on November 25, 2014, with follow up infractions issued on December 17, 2014 and January 6, 2015, without compliance thereto. Despite issuing multiple infractions, additional trash and litter continues to accumulate on the property. It is appropriate that the City take action to abate, ameliorate and address the unsafe, unhealthy and dangerous conditions thereon. Signed this day of February, 2015 Jeff Tate Assistant Director, Community Development Services, Community Development and Public Works 1 ,fttM4,, AT Nk 1 i � • V S J r� i y� t r' f fis 1 low 9 VO eb 7 -Ir A ' � A0 ' r ' s ` .r►. i 4V - R ROOrSCER Amp ' r • ' 4 r s� r` IfT J ` No. all- ,r it hr .� ` • ..^