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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