HomeMy WebLinkAboutITEM VIII-B-1Au`sUati
~~ WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 4216 Date: August 1, 2007
Department: Attachments: Resolution No. 4216 Budget Impact:
Plannin
Administrative Recommendation:
City Council adopt Resolution No. 4216.
Background Summary:
Resolution 4216 declares certain property as blighted and declares the City Council's intention to
condemn the property pursuant to RCW 35.80A. That statute authorizes cities to condemn property that
constitutes a blight on the surrounding neighborhood. For the purposes of that statute, a building or
structure constitutes a blight if it has not been lawfully occupied for a period of year or more and
constitutes a threat to the public health, safety and welfare of the community as determined by the
appropriate authority. In this case, not only has the property in question been unoccupied for much
longer then one year, its condition of dilapidation has posed an attractive nuisance for children, physical
safety for passersby, broken glass, debris, etc., and a harborage for pests and insects which in turn
menaced the neighborhood. Efforts to bring the owner of this property into compliance with reasonable
codes and to bring the property into a state taking it out of the description of blight have been significant
but unsuccessful. In fact, recent efforts by the City to force the owner to be responsible have only
resulted in penalties and fines and monetary assessments which, nevertheless, have not been able to
bring the owner to the position of becoming responsible in terms of the condition and the problems of his
building. Accordingly, no other option appears to exist other then that which is provided by RCW 35.80A.
This resolution will then set the stage for the City to commence condemnation actions whereby the City
will ultimately end up going to court to acquire the property for what the court deems to be a fair value.
Ironically, the dilapidation and the poor condition of the structure actually reduce its value so, in addition
to the lack of use or rental from the premises, the owner's interest has actually declined because of its
disrepair and the owners the responsibility for it.
A0806-3
06.2
Reviewed by Council 8~ 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
Action:
Committee Approval: ^Yes ^No
Council Approval: ^Yes ^No Call for Public Hearing _/_/_
Referred to Until _/_/_
Tabled Until _/_/_
Councilmember: Cerino Staff: Heid
Meetin Date: Au ust 6, 2007 Item Number: VI11.6.1
AUBURN ~ MORE THAN YOU IMAGINED
RESOLUTION N0.4 2 1 6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, DECLARING
CERTAIN PROPERTY A BLIGHTED PROPERTY
AND DECLARING THE INTENT TO CONDEMN
SAID PROPERTY PURSUANT TO RCW 35.80A
WHEREAS, the City of Auburn has been contending over the last number
of years with code enforcement problems at property located at 4 Pike Street
Southeast, Auburn, Washington, 98002; and
WHEREAS, those code enforcement problems have included litter,
weeds, broken glass, uninhabitable premises, graffiti, rodents and other pests;
and
WHEREAS, repeated efforts by City of Auburn code enforcement officers,
police and legal department representatives have been unsuccessful in abating
the nuisances and having the premises restored to safe conditions and to
alleviate the threat to public health, safety and welfare; and
WHEREAS, the premises has, for more than over the past year, not been
legally occupied and has been uninhabitable, as it does not meet requirements
for habitability pursuant to the City's building codes; and
WHEREAS, despite the inhabitability of this structure at this location, the
premises has been illegally used by vandals and trespassers who further
destroyed the premises and/or who compounded the nuisance conditions,
creating an attractive nuisance for neighborhood children; and
Resolution No. 4216
July 17, 2007
Page 1 of 3
WHEREAS, because the efforts of the City of Auburn officials have been
unsuccessful in prompting the owners to address the nuisances and correct the
unsafe conditions, it is appropriate that the property be declared a blighted
property and that the property be condemned for the public uses described in
Chapter 35.80A RCW.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the City Council finds and declares:
A. That the premises and building located at 4 Pike Street,
S.E., Auburn, Washington 98002, described more particularly as follows:
Lot 2, Block 1, John Dailidenas first addition to the City of
Auburn, according to the plat thereof recorded in Volume 42
of Plats, page 21, in King County, Washington, also known
as King County Tax Parcel Number 1887500010
has not been lawfully occupied for a period of one year or more;
B. That the building constitutes a threat to public health, safety,
welfare as determined by the City's building official, thereby constituting a
blight on the neighborhood; and
C. That the acquisition of the real property described herein is
necessary to eliminate the neighborhood blight.
Section 2. That condemnation of property to eliminate neighborhood
blight is declared and recognized in state law to be a public purpose.
Section 3. That acquisition of the property located at 4 Pike Street S.E.,
Auburn, Washington, 98002, described more particularly above, is necessary in
order for the City to correct the dangerous conditions on said premises and to
eliminate the blight on the neighborhood.
Resolution No. 4216
July 17, 2007
Page 2 of 3
Section 4. That the Mayor or his designee are authorized to commence
condemnation action to acquire the property described hereinabove and to take
such other and further steps as are consistent herewith and within the provisions
of state law, including Chapter 35.80A of the Revised Code of Washington
Section 5. That the costs to be paid by the City in connection with the
condemnation and acquisition of said premises by this condemnation shall be
paid from the general fund of the City.
Section 6. That if any provisions of this Resolution or its application to
any person or circumstance is held to be invalid, the remainder. of this Resolution
or the application of the provisions to other persons or circumstances shall not be
effected.
Section 7. That this Resolution shall be take effect and be in full force
upon passage and signatures hereon.
Dated and signed this day of
CITY OF AUBURN
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP&6~lED ~c~--~O FORM:
aniel B. H~td, City Attorney
. 2007.
Resolution No. 4216
July 17, 2007
Page 3 of 3