The URL can be used to link to this page

Home My WebLink About08-15-2005 ITEM VIII-B-11cITYOF AUR, - AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Resolution No. 3896 Nuisance Abatement August 15, 2005 Department:Attachments: Resolution, Report =ACC Budget Impact: Le al/Plannin 1.25.070 Administrative Recommendation: City Council adopt Resolution No. 3896 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 _I_/_ Tabled Until _/_/_ Councilmember: Cerino Staff: Heid/Krauss Meeting Date: August 15, 2005 Item Number: VIII.B.11 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 06.9.1 Page 2 of 2 Item VIII.B.11 RESOLUTION NO. 3 8 9 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO NUISANCE ABATEMENT AT 1100 B STREET SE, IN THE CITY OF AUBURN, WASHINGTON AND AUTHORIZING A LIEN FOR LABOR AND MATERIALS ASSOCIATED WITH SUCH ABATEMENT WHEREAS, Title 8 of the Auburn City Code provides for an enforcement mechanisms for the City to address abatement of nuisances and enforcement of laws against unlawful activity involving junk, litter and debris; 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; WHEREAS, City Code Enforcement staff issued a Notice to Correct Violation to the owner of the property at 1100 B Street SE, in the City of Auburn, which efforts did not prompt the owner to correct the nuisance conditions at that property; and WHEREAS, because of the health and safety problems, including large amounts of litter, trash, debris and junk, and because of the failures of the property owner to take action to correct the problem, City staff took appropriate steps to abate the nuisance conditions on said property. WHEREAS, after attempts to collect payment from the property owner for the cost of the nuisance abatement, the City Council held a hearing on the cost of abatement on August 15, 2005, pursuant to Auburn City Code Section 1.25.070. Resolution 3896 August 10, 2005 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. FINDING OF NUISANCE. That the City Council finds that the junk, litter, and debris at the property located at 1100 B Street SE, Auburn, Washington, constituted a nuisance warranting corrective action necessary to preserve the public health, safety and welfare, and that the property owner failed to take corrective action after due notice of the problems and concerns caused by Curtis D. Coppenbarger (owner) at the property located at 1100 B Street SE, Auburn, Washington. A report including a copy of recent notices, correspondence, photographs, and expenses concerning the nuisance and its abatement are collectively identified as Exhibit "A" attached hereto and incorporated herein by this reference. Section 2. CONFIRMATION OF REPORT. That the City Council hereby confirms the report attached hereto identified as Exhibit "A". Section 3. AUTHORIZATION FOR LIEN. That the Mayor or designee is herewith authorized to place an assessment lien on said property to recover the City's cost of labor and materials associated with the nuisance abatement and otherwise take such collection action as may be appropriate. Section 4. EFFECTIVE DATE. This Resolution shall take effect and be in full force upon passage and signatures. Resolution 3896 August 10, 2005 Page 2 Dated and Signed this day of 2005. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk City Attorney Resolution 3896 August 10, 2005 Page 3 CITY F CITY AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Public Hearin — Nuisance Abatement August 15, 2005 Department: Attachments: Report and Budget Impact: Le al/Plannin ACC 1.2 5.070 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... Tabled Until Councilmember: Cerino Staff: NuHeid/Krauss MeetingDate: August 15, 2005 Item mber: 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 06.9.1 Page 2 of 2 Mike Dunbar From: Sent: To: Subject: 1100 B 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 Auburn 25 West Main Aubum, WA 98001 253-931-5103 shlavka@aubumwa.gov $53.13 $30.49 subtotal: $1053.87 Total: 1,081.95 $28.08 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. ��x6l At'u� T. Michael Dunbar REF: VIOOS-0013 (Memo) 005-0013 BRIS 100 B ST SE . Geiger reported litter and debris at location. (11512005 10:00 MDUN) This house was abandoned by the owners in August of 2004. 1 contacted Paul Ruppert of Country Wide Loans in Plano Texas. He stated that he would arrange to have the property cleaned up within five days. He provided a number for their California office for future complaints. (800-669-6654) /13/2005 09:29 MDUN) An inspection disclosed that no clean up had been )ne. I contacted two adult males removing items from the house. Turpin, onald Howard & Nichols, Bruce They claimed to be friends of the property Nners. They stated that the property owners had no intentions of returning Auburn. The house was left unsecured. I contacted Country Wide Loans gain, and after being transferred to several different people, I spoke to Lynn uces (253-942-3321). Luces is a manager at their Federal Way, WA branch. he stated that they just received authorization to begin foreclosure on anuary 7, 2005. She said that the foreclosure would take from three to five ionths, and that until that time they could not do anything with the property. utes stated that "Anita" in their California office (205-520-5334), would be andling the foreclosure. /28/2005 10:26 MDUN) Notice to Correct Violation was sent to the property Tuner 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 5-0013 ;7117 -]ZI 100 B ST SE on 1131/05,2!7105 and 2114/05. (311012005 07:17 MDUN) Verification of publication was received from the King County Journal this date. A copy of the case file was forwarded to the City Attorney's Office for the purpose of obtaining a court order authorizing the 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: Copoenbaraer, 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 Ile innL Auburn City Code, Ordinance, Standard, Regulation, Procedure, Condition or Permit violated: (ACC) Title 8_ Chantar R 1 7 corFin. o i -) nen i,- n . . Corrective action required: All litter, trash, debris and junk must be removed from the Drooerty. 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 or before 5 PM, February 7 2005 , 25 West Main, Auburn, WA 98001 -4998, -by If corrections are not com leted as specified above a NOTICE OF INFRACTION will be issued and filed witph the Auburn Municipal &urt. 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 Compliance Officer Signature: REF: VI005-0013 (Notice to Correct Violation) } m n- 7 co Ill ,_O rq Rl C O C C r r 7 C r r N 0 / Yq s •� Orym� 1l�iy:;.:• Z A M a w c x n c z A z a � °z .' 4 c C3 C3 M r C3 C3 C3 C3 C3 N ,F. 0' N 03 �r Q - Ll U g m zAc N n m m a o o+ a m m to A 1 N 01 Yq s •� Orym� 1l�iy:;.:• a w n m to A 1 N 01 cQ C C V Z �c 0=_ v m z 03 1 c 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 01� day of 20�� gR � ru = 9miy o .o. S Nom'; ale::u-{�-fli `O? REF. VI005-0013 (Affidavit2) Washington, residing at MY COMMISSION exl Page 1 of 1 Mike Dunbar From: Carolyn Brown Sent: Thursday, January 27, 2005 3:28 PM To: Mike Dunbar Subject: FW: Request to Publsih FYI -----Original Message ----- From: Tom Meagher {maiito: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 2/14105 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: 425-453-4296 Fax: 425-635-0602 -----Original Message ----- From: Carolyn Brown [mailto:cbrown@aubumwa.gov] Sent: Thursday, January 27, 2005 2:57 PM To: Legals. Kent (E-mail) Cc: Mike Dunbar Subject: Request to Pubtsih 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 forthis 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. VIOOS-0013 Location of violation: 1100 B St, SE, Auburn, WA 98002. Parcel number: 314160-0610 Issued to: Coppenbaroer. Curtis D. Address of person(s) the Notice is issued to: 1100 B St. SE. Auburn, WA 98002. Description of violation: Property is littered with large amounts of trash, debris and miscellaneous funk. Auburn City Code, Ordinance, Standard, Regulation, Procedure, Condition or Permit violated:A( CC) Title 8, Chapter 8.12, Section 8.12.020 (C. D. E. G & O). and Chapter 8.16, Chapter 8.16.180. Corrective action required: All litter, trash, debris and iunk 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 Planning and Community Development Department, 25 West Main, Auburn, WA 98001-4998, 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 $250.00 per day per each violation. You must notify the Codes Compliance Officer (253-8045094) when the corrections have been accomplished, so a verification inspection can be scheduled. Method and date of service: Mailed 1/28/05 Served Posted 1/28/05 Issuing party: T. Michael Dunbar Title: Code Compliance Officer Do not publish below this line. Published January 31, 2005; February 7, 2005; and February 14, 2005 Go : 9 .aye••• y I A p0 F�ooi$'C°'o mo coo 0 �m p mK z. m �m m 0,b° m� W� mm�aa*4a y �� r� p zrb b `G n O o G o O � s, yx o 'RS w 0 m 0 '~ � zo ,t z Q' ❑ O ry� ry� d n C �^ aEJWO M D vF w= o C '+ x x n •^ n c ti a a M w O p z 9 o w P5 y p O' ry .w„ � ❑ 'D O y. � ''J. N � b O N tl0 Q• � � O -MEl G coo• w o a ll x r o y c x o•� G b b G M 00 N (N( A p0 F�ooi$'C°'o mo coo 0 �m p mK z. m �m m 0,b° m� W� mm�aa*4a y �� r� p n R m eta d ra:�� 5' o ff• y0�0 H'� w •� Cb z zrb b `G � yx 'RS w 0 � zo a z N n R m eta d ra:�� 5' o ff• y0�0 H'� w •� Cb z '� 4 !' �`A'/. la 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 casts, 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 tvho 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. 1. 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 ar 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 /2 112 0 0 5 Page i