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HomeMy WebLinkAbout4846 (2) RESOLUTION NO. 4 8 4 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO EXPEND FUNDS TO ABATE THE LITTER, JUNK, WEED AND ATTRACTIVE NUISANCE AT 3102 O STREET SE, IN THE CITY OF AUBURN WHEREAS, Title 8 of the Auburn City Code (ACC) provides for an enforcement mechanism for the City to address abatement of nuisances and enforcement of laws against unlawful activity involving junk, litter, debris and weeds; 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; and WHEREAS, City Code Enforcement staff have met with, communicated with, given correction notices and issued infractions to the owner of the property at 3102 O Street SE, in the City of Auburn ('Property"), which efforts have been inadequate to prompt the owners to correct the nuisance conditions at that property; and WHEREAS, because the litter, debris, weeds, and junk present a danger to public health, safety and welfare it is appropriate that the City take appropriate steps to abate the nuisance conditions on said property and to take all steps provided in code to recover the City's costs of such corrective action. Resolution No. 4846 July 19, 2012 Page 1 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section. 1. Findings of Nuisance. That the City Council makes the following findings: (a) That the property located at 3102 O ST SE in Auburn contains trash, litter, debris, overgrown vegetation in violation of ACC 8.12 and 8.20. (b) That the condition of the Property may reasonably be expected to attract young children and poses a danger to such children. (c) That the condition of the Property constitutes a nuisance, as described in Exhibit A, that warrant abatement under ACC 8.12 and 8.20, specifically due to the maintenance of a structure that is a danger to others; filthy, littered or trash- covered premises; the presence of trash, litter, rags, debris, and other material, which provides harborage for insects, rodents, or other pests; garbage disposed of in a manner other than provided in the solid waste code; grass clippings, cut brush or cut weeds which may create an insect or rodent harborage; the improper and unpermitted storage of junk within a building; the unsecured entry ways; and grass and ground cover exceeding a height of 12 inches. (d) That the condition of the Property, as described in Exhibit A, is detrimental to health, safety and welfare of the public and is a source of filth that necessitates corrective action to preserve the public health, safety and welfare Resolution No.4846 July 19, 2012 Page 2 of 4 (e) That the City has provided the property owners 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 Recovery 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 such premises, the Mayor is authorized to utilize City resources to correct and abate the nuisance conditions at 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 premises. Section 3. Continuina 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 the Property, 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. Resolution No. 4846 July 19, 2012 Page 3 of 4 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. Dated and Signed this t-1 day of 2012. C AU _J PETER B. LEWIS MAYOR ATTEST Danielle . Daskam, City Clerk APP 7Heid, AAorne��,_ Daniel B. y tt Resolution No. 4846 July 19, 2012 Page 4 of 4 Exhibit A FINDINGS OF FACT REGARDING PROPERTY LOCATED AT 31020 STREET SE Code Enforcement Officers received complaints about the premises at 3102 O Street §E,Auburn, Washington 98002 regarding certain health and safety concems. Officers made repeated visits to the property to inspect the conditions reported. Photos of the premises taken by the officers during these inspections are attached below. Weeds and vegetation on the property have been allowed to grow and proliferate, to a height greater than twelve inches, and to the point that they constitute a fire hazard and a harborage or a potential harborage for pests and vermin, including insects and rodents. A Notice to Correct was issued on July 27, 2011, a Notice of Penalty was issued on August 5, 2011, and liens were filed on September 27, 2011, without compliance thereto. It is appropriate that the City take action to abate, ameliorate and address the unsafe, unhealthy and dangerous conditions thereon. Signed this �7 5 day of July, 2012 Kevin Shy! > r Director, City of AuburnPlAiKning & Development Department I II