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