HomeMy WebLinkAbout5235 RESOLUTION NO. 5 2 3 5
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 Constitution, 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 and vegetation 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 304 T Street SE, in Auburn, Washington,
constitutes 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 304 T Street SE, which
efforts have been unsuccessful in prompting the owner to maintain the vegetation
on the premises; and
Resolution No 5235
June 6, 2016
Page 1 of 10
WHEREAS, the property at 1322 17'h Street NE, in Auburn, Washington,
constitutes 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 1322 17�h Street NE,
which efforts have been unsuccessful in prompting the owner to maintain the
vegetation on the premises, and
WHEREAS, the property at 911 17�h Street NE, in Auburn, Washington,
constitutes a nuisance properry under ACC 8.20.010 due to a lack of vegetation
maintenance, ACC 8.12.020 due to the presence of junk and trash, and ACC
15 06.010 because the building is not secure, and
WHEREAS, the City's Code Enforcement staff have communicated with
and given a corrective notice to the owner of the property at 911 17�h Street NE,
which efforts have been unsuccessful in prompting the owner to secure the
building at that property and maintain the vegetation on the premises or to remove
the junk and trash, and
WHEREAS, the property at 12124 SE 314'h Place, in Auburn, Washington,
constitutes 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 12124 SE 314�h Place,
which efforts have been unsuccessful in prompting the owner to secure the
building at that property and maintain the vegetation on the premises; and
Resolution No. 5235
June 6, 2016
Page 2 of 10
WHEREAS, the property at 32237 46'^ Place South, in Auburn,Washington,
constitutes a nuisance property under ACC 8.12.020 due to the presence of junk
and trash, ACC 8.14 030 due to the presence of junk and/or inoperable vehicles,
ACC 15 07 050 due to the construction of buildings without a permit, and ACC
18.07 030 due to the placement of buildings within setbacks, and
WHEREAS, the City's Code Enforcement staff have communicated with
and given a corrective notice to the owner of the property at 32237 46'h Place
South, which efforts have been unsuccessful in prompting the owner to remove
the junk and trash, remove junk and/or inoperable vehicles, obtain a building permit
for buildings that require a permit, and to comply with zoning setbacks, and
WHEREAS, the property at 714 8'h Street SE, in Auburn, Washington,
constitutes a nuisance property under ACC 8.20 010 due to a lack of vegetation
maintenance, ACC 8.12.020 due to the presence of junk and trash, and ACC
15 06.010 because the building is not secure; and
WHEREAS, the City's Code Enforcement staff have communicated with
and given a corrective notice to the owner of the property at 714 8�h Street SE,
which efforts have been unsuccessful in prompting the owner to secure the
building at that property, to maintain the vegetation on the premises, or to remove
the junk and trash, and
WHEREAS, the property at 1235 23rd Street SE, in Auburn, Washington,
constitutes a nuisance property under ACC 8.12.020 due to the presence of junk
Resolution No. 5235
June 6, 2016
Page 3 of 10
and trash, ACC 8.14 030 due to the presence of junk and/or inoperable vehicles,
and 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 1235 23'd Street SE,
which efforts have been unsuccessful in prompting the owner to remove the junk
and trash, remove junk and/or inoperable vehicles, or maintain vegetation, and
WHEREAS, the property identified as King County Parcel Identification
Number 3327020460, in Auburn, Washington, constitutes 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 identified as King County
Parcel Identification Number 3327020460, which efforts have been unsuccessful
in prompting the owner to maintain the vegetation on the premises, and
WHEREAS, the property identified as King County Parcel Identification
Number 0221049122, in Auburn, Washington, constitutes a nuisance property
under ACC 15 74 040 for failure to obtain a grading permit prior to conducting
grading and clearing activities and ACC 13.48.225 as a result of uncontrolled
stormwater management; and
WHEREAS, the City's Code Enforcement staff have communicated with
and given a corrective notice to the owner of the property identified as King County
Parcel Identification Number 0221049122, which efforts have been unsuccessful
in prompting the owner to obtain a grading permit and/or to take action to control
stormwater runoff; and
Resolution No 5235
June 6, 2016
Page 4 of 10
WHEREAS, the property identified as King County Parcel Identification
Number 0221049179, in Auburn, Washington, constitutes a nuisance property
under ACC 15 74.040 for failure to obtain a grading permit prior to conducting
grading and clearing activities and ACC 13.48.225 as a result of uncontrolled
stormwater management; and
WHEREAS, the City's Code Enforcement staff have communicated with
and given a corrective notice to the owner of the property identified as King County
Parcel Identification Number 0221049179, which efforts have been unsuccessful
in prompting the owner to obtain a grading permit and/or to take action to control
stormwater runoff; and
WHEREAS, because matters such as overgrown grass and weeds, the
presence of junk vehicles and litter, the presence of junk or inoperable vehicles,
unsecured structures, buildings constructed without a permit and without adhering
to zoning laws, and unpermitted clearing and grading activities that lack
appropriate stormwater management techniques all 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. Findinps of Nuisance. That the City Council makes the
following findings.
Resolution No. 5235
June 6, 2016
Page 5 of 10
a) The vegetation at the property at 304 T Street SE has remained in
violation of city public nuisance regulations and therefore presents a threat to
the public health and safety The condition of the vegetation at the presents a
sight distance hazard and encroaches into the City right of way and is therefore
appropriate to remedy
b) The property at 1322 17'h 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 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.
c) The property at 911 17th Street NE has remained vacant and
unmaintained for at least two years 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/trash 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.
d) The property at 12124 SE 314'" Place has remained vacant and
unmaintained for at least two years which qualifies the property as an attractive
nuisance and presents a threat to the public health and safety The condition of
the vegetation 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 5235
June 6, 2016
Page 6 of 10
e) The property at 32237 46'h Place South is occupied by individuals
who are illegally residing within a recreational vehicle, have constructed
buildings without permits, have constructed buildings within property setbacks,
have collected junk and/or inoperable vehicles, and have allowed junk and trash
to accumulate all of which qualifies the property as an attractive nuisance and
presents a threat to the public health and safety The condition of the junk/trash,
unpermitted structures, and junk/inoperable vehicles 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.
� The property at 714 8�h Street SE has remained 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,
the unsecured structure, and junk/trash 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.
g) The property at 1235 23'd Street SE has remained 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 junk/trash
and the presence of inoperable vehicles at the Property has continued to remain
unmaintained which contributes to visual blight, property value degradation,
attraction of criminal activity, and the harborage of rodents and pests.
Resolution No 5235
June 6, 2016
Page 7 of 10
h) The property at 3327020460 has remained vacant and unmaintained
for at least two years which qualifies the property as an attractive nuisance and
presents a threat to the public health and safety The condition of the vegetation
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.
i) The property at 0221049122 was cleared and graded without permits
which qualifies the property as an attractive nuisance and presents a threat to
the public health and safety In addition to the failure to obtain a grading permit,
the condition of the Property continues to lack stormwater management and
erosion control techniques.
j) The property at 0221049179 was cleared and graded without permits
which qualifies the property as an attractive nuisance and presents a threat to
the public health and safety In addition to the failure to obtain a grading permit,
the condition of the Property continues to lack stormwater management and
erosion control techniques.
k) The conditions of these properties constitute a nuisance that
warrants abatement under ACC Chapters S 12, 8.14, 8.20, 15 74, and 13 48.
I) 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.
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Resolution No. 5235
June 6, 2016
Page 8 of 10
m) 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 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. Continuinq 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 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.
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Resolution No. 5235
June 6, 2016
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�
Dated and Signed this ��day of � , 2016.
CITY OF AUBURN
ATTEST
���^ C��1� N NCY B K , MAYOR
Sr.��( J,
Danielle E. Daskam, City Clerk
APP ED ;TO FORM:
Daniel B Hei , Gity�tt��rney
Resolution No 5235
June 6, 2016
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