HomeMy WebLinkAbout08-15-2005 ITEM II-A-1kw
CITY OF -�`
AUB ,
_" ` WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Public Hearin — Nuisance Abatement
August 15, 2005
Department:
Attachments: Report and
Budget Impact:
Le al/Plannin
ACC 1h. 25070
Administrative Recommendation:
City Council conduct a hearing on August 15, 2005 on the cost of abatement for property located at 1100
B Street SE.
Background Summary:
Section 1.25.070 of the Auburn City Code provides that the City may proceed with abatement of a code
violation upon noncompliance with a notice to correct a violation. The Code further provides that the City
may assess a lien against the property for nonpayment of the costs associated with the abatement
following a hearing before the City Council.
On January 28, 2005, a Notice to Correct Violation was issued to the property owner for a litter and debris
nuisance at 1100 B Street SE. The Notice was also published in the King County Journal. Finding that
the owner did not comply with the Notice to Correct Violation, the City contracted with Waste
Management to clean up the property. On June 14, 2005 the owner was billed $1,081.95 for the costs of
abatement, which are itemized below:
Cost of Clean Up of Site (1100 B Street SE) on March 11, 2005
Waste Management Rates:
1 truck and driver, 3 hours at $92.50 per hour $ 277.00
3 helpers for a total of 9 hours at $30 per hour $ 270.00
Tip fees at the King County Transfer Station
At $82.50 per ton X 5.13 tons $ 423.25
Vadis — litter pickup at one hour $ 53.13
Solid Waste Supervisor at one hour $ 30.49
Code Enforcmeent Officer at one hour $ 28.08
TOTAL $1,081.95
A0808-1
06.9.1
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes [-]No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until _/_f_
Tabled Until _/_!_
Councilmember: Cerino
Staff: Heid(Krauss
Meeting Date: August 15, 2005
Item Number: II.A.1
AUBURN* MORE THAN YOU IMAGINED
Agenda Subject: Public Hearing — Nuisance Abatement Date: August 15, 2005
Thirty days have elapsed and the property owner has not paid the cost of abatement.
At the hearing, the City Council will review the report and such other information on the matter as it
receives and deems relevant at the hearing. Following the hearing, the City Council will confirm or revise
the amounts in the report, authorize collection of the amount or authorize placement of an assessment
lien on the property.
A0815-1
Page 2 of 2 Item II.A.
Mike Dunbar
From:
Sent:
To:
Subject:
110013 St. SE
Sharon Hlavka
Thursday, April 14, 2005 1:26 PM
Mike Dunbar
1100 B St - Cost of Cleanup
Cost of Clean Up of site - March 11, 2005
Waste Management rates:
1 Truck and driver, 3 hours at $92.50 per hour
$277.00
3 Helpers for a total of 9 hours at $30.00 per hour or 3 each helper $270.00
All tip fees at the King County Transfer Station at $ 82.50 per ton X 5.13 tons $423.25
Vadis - Litter Pickup - one hour
Solid Waste Supervisor - one hour
Code Enforcement - one hour
Sharon Hlavka
Solid Waste Supervisor
City of Aubum
25 West Main
Auburn, WA 98001
253-931-5103
shlavka@aubumwa.gov
$53.13
$30.49
subtotal: $1053.87
Total: 1,081.95
am
March 10, 2005
TO: Joseph Beck, Assistant City Attorney
FROM: T. Michael Dunbar, Code Compliance Officer
RE: Violation # VI005-0013 Litter/Debris
1100 B St. SE, Auburn, WA 98002
Mr. Beck,
Please take whatever steps are necessary to gain City access to this property for the purpose of
removing the substantial litter and debris. The owner of record has been notified, per City Code,
Title 1.25. Verification documentation is attached. Thank you.
(' xis
T. Michael Dunbar
AEF: V1005-0013 (Memo)
05-0013
ITTERMEBRIS
100 B ST SE
. Geiger reported litter and debris at location.
115/2005 10:00 MDUNj This house was abandoned by the owners in August
f 2004. 1 contacted Paul Ruppert of Country Wide Loans in Plano Texas. He
fated that he would arrange to have the property cleaned up within five
ays. He provided a number for their California office for future complaints.
100-669-6654)
1/13/2005 09:29 MDUNj An inspection disclosed that no clean up had been
one. I contacted two adult males removing items from the house. Turpin,
onald Howard & Nichols, Bruce They claimed to be friends of the property
wners. They stated that the property owners had no intentions of returning
005-0013
ITTERMEBRIS
100BSTSE
Auburn. The house was left unsecured. I contacted Country Wide Loans
ain, and after being transferred to several different people, I spoke to Lynn
ces (253-942-3321). Luces is a manager at their Federal Way, WA branch.
ie stated that they just received authorization to begin foreclosure on
nuary 7, 2005. She said that the foreclosure would take from three to five .
Dnths, and that until that time they could not do anything with the property.
tes stated that "Anita" in their California office (205.520-5334), would be
the foreclosure.
/2872005 10:26 MDUN) Notice to Correct Violation was sent to the property
nmer by regular and certified mail, and posted on the property. The notice
as sent to the King County Journal Newspaper for publication in the paper
1
-amid VIO05-0013 . , �;". x' r - 4'14 r
1131105,217105 and 2114105.
012005 07:17 MDUN) Verification of publication was received from the
g County Journal this date. A copy of the case file was forwarded to the
Attorney's Office for the purpose of obtaining a court order authorizing
clean up of the property by the City of Auburn.
CITY OF AUBURN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
CIVIL CODE ENFORCEMENT
NOTICE TO CORRECT VIOLATION
Case No. VI005-0013
Location of violation: 1100 B St. SE Auburn WA 98002.
Parcel number: 314160-0610
Issued to: Copoenbarger. Curtis D
Address of person(s) the Notice is issued to: 1100 B St. SE Auburn WA 98002.
of violation: Property is littered with large amounts of trash debris and
us iunk.
Auburn City Code, Ordinance, Standard, Regulation, Procedure, Condition or Permit
violated: (ACC) TRIP R_ Chnntor R t) co„r:,,., o in nnn f� .. .. ,. ,..
Corrective action required: All litter, trash, debris and junk must be removed from
the property.
Corrective action must be completed by: Monday. February 7 2005, at 5:00 PM.
A Request for reconsideration of this case may be submitted in writing to the Planningg
and Community Development Department, 25 West Main, Auburn, WA 98001 -4998, -by
or before 5 PM, February 7 2005
If corrections are not compfeted as specified above a NOTICE OF INFRACTION
will be issued and filed with the Auburn Municipal hurt. You will be notified
by the Court for further proceedings.
Civil Violations carry a maximum penalty of $250.00 per day per each violation.
You must notify the Codes Compliance Officer (253-804-5094) when the
corrections have been accomplished, so a verification inspection can be
scheduled.
Method and date of service: Mailed 1/28/05 Served Posted 1/28/05
Issuing party: T. Michael Duntiar Title: Code Compliance Officer
Signature:_=�
REF: VI005-0013 (Notice to Correct Violation)
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CITY OF AUBURN
AFFIDAVIT OF SERVICE
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
T. Michael Dunbar, being first duly sworn on oath, deposes and says:
That I am a designee of the Code Enforcement Official for the City of Auburn;
2. That I am a citizen of the United States of America and over the age of 21 years;
3. That I am competent to be a witness;
4. That the current whereabouts of the property owner, Curtis Coppenbarger, are
unknown to me, and that I have been unable to obtain a current address for him.
That Notice to Correct Violation was served on Curtis Coppenbarger by
forwarding the notice to the King County Journal Newspaper on 1/27/05,for
publication on 1/31/05, 2/7/05 and 2/14/05 as required by Auburn City Code
1.25.030 D.
SUBSCRIBED AND SWORN to before me this day of:P szz
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4.rv.
REF. VI005-0013 (Affidavit2)
Washington, residing at
MY COMMISSION ext
Page 1 of 1
Mike Dunbar
From:
Carolyn Brown
Sent:
Thursday, January 27, 2005 3:28 PM
To:
Mike Dunbar
Subject: FW: Request to Publs!h
FYI
-----Original Message -----
From: Tom Meagher [mailto:tom.meagher@kingcountyjoumal.com]
Sent: Thursday, January 27, 2005 3:16 PM
To: Carolyn Brown
Subject: RE: Request to Publsih
Hi, Carolyn!
I have received your email, with the attachment, and will publish the notice (Re/Notice To Correct Violation) in the
1/31/05, 2/07/05 and 2114105 editions of the King County Journal.
Thanks a lot, Carolyn... have a terrific rest of the day!
Tom Meagher
Legal Advertising Representative
King County Journal Newspapers
Phone: 425453-4296
Fax: 425-635-0602
-----Original Message -----
From: Carolyn Brown fmailto:cbrown@aubumwa.gov]
Sent: Thursday, January 27, 2005 2:57 PM
To: Legals. Kent (E-mail)
Cc: Mike Dunbar
Subject: Request to Publsih
Good afternoon, Tom;
Please publish the attached request in the legal section of the Monday. Jan 31.2005' Mon Feb 7 2005: and
Mon Feb 14. 2005 editions of the King County Journal.
Thanks and have a good afternoon,
Carolyn Brown
City of Auburn Planning Secretary
1/27/2005
REQUEST TO PUBLISH
ATTN: Legal Notice Account Representative
Please publish in the King County Journal on January 31, 2005, February 7, 2005, and
February 14, 2005 Send the bill for the cost of publishing to:
City of Auburn
City Clerks Department
25 West Main
Auburn, WA 98001-4998
Three Affidavits of Publication are requested for this notice. Please send both Affidavits to:
City of Auburn
25 West Main
Auburn, WA 98001-4998
If you have any questions, please call Carolyn Brown, Planning Secretary, at 253-931-3090.
CITY OF AUBURN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
CIVIL CODE ENFORCEMENT
NOTICE TO CORRECT VIOLATION
Case No. VI005-0013
Location of violation: 1100 B St. SE, Aubum, WA 98002
Parcel number: 314160-0610
Issued to: Coppenbarger. Curtis D.
Address of person(s) the Notice is issued to: 1100 B St. SE. Aubum, WA 98002.
Description of violation: Property is littered with large amounts of trash, debris and
miscellaneous iunk.
Auburn City Code, Ordinance, Standard, Regulation, Procedure, Condition or Permit violated:A( CC)
Corrective action required: All litter. trash, debris and junk must be removed from
the Drooertv.
Corrective action must be completed by: Monday. February 7. 2005, at 5:00 PM.
A Request for reconsideration of this case may be submitted in writing to the Planning and Community
Development Department, 25 West Main, Auburn, WA 980014998, by or before 5 PM, February 7.
2005.
If corrections are not completed as specified above, a NOTICE OF INFRACTION will be issued and
filed with the Auburn Municipal Court. You will be notified by the Court for further proceedings.
Civil Violations carry a maximum penalty of $250.00 per day per each violation.
You must notify the Codes Compliance Officer (253-804-5094) when the corrections have been
accomplished, so a verification inspection can be scheduled.
Method and date of service: Mailed 1/28/05 Served Posted 1/28/05
Issuing party: T. Michael Dunbar Title: Code Comoliance Officer
Do not publish below this line.
Published January 31, 2005; February 7, 2005; and February 14, 2005
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�{: JAN 5 '005
Auburn City Code
1.25.070 Abatement.
A. Abatement by City. The city may perform the abatement required upon noncompliance with the
terms of a notice of failure to correct a violation, an order to cease activity and/or an order of the
court.
1. The city may utilize city employees or a private contractor under city direction to
accomplish the abatement. The city, its employees and agents using lawful means are
expressly authorized to enter upon the property of the violator for such purposes.
2. The city shall bill its costs, including incidental expenses, of abating the violation to the
person(s) obligated to perform the work under the notice of failure to correct a violation,
an order to cease activity or an order of the court, which costs shall become due and
payable 30 days after the date of the bill. The term "incidental expenses" shall include,
but not be limited to, personnel costs, both direct and indirect, including attorney's fees
incurred by the city; costs incurred in documenting the violation; the actual expenses and
costs to the city in the preparation of notices, specifications and contracts, and in
inspecting the work; and the cost of any required printing and mailing.
B. Obstruction with Work Prohibited. No person shall obstruct, impede or interfere with the city, its
employees or agents, or any person who owns, or holds any interest or estate in any property in
the performance of any necessary act, preliminary or incidental to, carrying out the requirements
of this section. A violation of this provision shall constitute a misdemeanor, and shall be
punishable as provided by ACC 1.24.010,
C. Report to City Council and Hearing on Cost of Abatement. In the event the person(s) responsible
fails to pay within the 30 -day period set forth in subsection (A)(2) of this section, the
enforcement official shall prepare a written itemized report to the city council showing the cost
of abatement, including rehabilitation, demolition, restoration or repair of such property,
including such salvage value relating thereto plus the amount of any outstanding penalties.
I. A copy of the report and a notice of the time and date when the report shall be heard by
the city council shall be served on the person responsible for payment at least five days
prior to the hearing before the city council.
2. The city council shall review the report and such other information on the matter as it
receives and deems relevant at the hearing. The city council shall confirm or revise the
amounts in the report, authorize collection of that amount or, in the case of a debt owed
by a property owner, authorize placement of an assessment lien on the property as
provided herein.
D. Assessment Lien. Following the hearing and authorization by the city council, the city clerk shall
certify to the county treasurer the confirmed amount. The county treasurer shall enter the amount
of such assessment upon the tax rolls against the property for the current year and the same shall
become a part of the general taxes for that year to be collected at the same time and with interest
at such rates as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes,
and when collected to be deposited to the credit of the general fund or other appropriate fund of
the city. The lien shall be of equal rank with the state, county and municipal taxes.
E. The validity of any assessment made under the provisions of this chapter shall not be contested in
any action or proceeding unless the same is commenced within 15 calendar days after the
assessment is placed upon the assessment roll. (Ord. 5677 § 2, 2002.)
Printed on 7/21/2005
Page 1