HomeMy WebLinkAbout5047 RESOLUTION NO. 5047
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE CITY TO EXPEND FUNDS TO ABATE THE
LITTER, JUNK, AND YARD WASTE NUISANCE AT
911 17th STREET NE, 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, the condition of the property located at 911 17th Street NE,
Auburn, violates the City's nuisance code as the property is littered with
household trash, recyclables, garbage, and yard waste debris in a quantity
sufficient to pose health risks to the Auburn citizens, and
WHEREAS, City Code Enforcement staff have requested compliance,
have issued correction notices, and imposed civil penalties upon the owner of the
property; but all efforts have been apparently inadequate to prompt them 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
Resolution No 5047
February 20, 2014
Page 1 of 4
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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. Findings of Nuisance That the City Council makes the
following findings.
(a) That the property located at 911 17th Street NE, Auburn, contains
trash, litter, debris, yard waste and overgrown vegetation in violation of ACC 8.12
and 8.20;
(b) That the condition of the Property constitutes a nuisance, as described
in exhibit A, that warrants abatement under ACC 8.12 and 8.20, specifically due
to the filthy, littered and trash-covered premises; the presence of household
waste, containers, debris, and other material that provides harborage for insects,
rodents, or other pests, garbage disposed of in a manner other than provided in
the solid waste code; the presence of grass clippings, cut brush, and cut weeds
that may create an insect or rodent harborage; and grass and ground cover
exceeding a height of 12 inches.
(c) That the condition of the Property, as described in exhibit A, is
detrimental to health, safety and welfare of the public and is an attractive
nuisance that necessitates corrective action to preserve the public health, safety
and welfare.
----------------------------
Resolution No. 5047
February 20, 2014
Page 2 of 4
(d) That the City has provided the property owners with notice of the
violations, the nuisance conditions, and the necessary remedial actions, and they
have 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 to abate the nuisance conditions by 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. Continuing Abatement Authorization. That after the
Mayor has exercised the authority granted in Section 2, the Mayor finds that any
of the above findings again 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 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 of abatement from the person(s) or entity owning or controlling the
premises.
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.
Resolution No. 5047
February 20, 2014
Page 3 of 4
Section 5. Effective Date This Resolution shall take effect and be in full
force upon passage and signatures
Dated and Signed this da day of ' 2014
CITY OF AUBURN
NANCY KUS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APP ED TO FORM•
Daniel B Hei ;City Attorney
---------------------------
Resolution No. 5047
February 20, 2014
Page 4 of 4
Exhibit A
FINDINGS OF FACT REGARDING PROPERTY LOCATED AT 911 17`" STREET NE
Code Enforcement Officers received complaints about the premises at 911 17th St NE,
Auburn, Washington 98002 regarding certain health and safety concerns. 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.
Litter, junk, trash, and debris on the property have been allowed to accumulate which
creates a public nuisance and serve as a harborage or a potential harborage for pests
and vermin, including insects and rodents.
A Notice to Correct was issued on December 6, 2013, and a Notice of Penalty was
issued on December 31, 2013, 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 day of February, 2014
Jeff Tate
Assistant Director, Community Development,
Department of Public Works & Community
Development
- ;
t r' __ " t
: .�
1 p
� J�� �'
i �� � ; ,�; ,: __
! �t�., � I
,,,
k
Y� �I
. r
: .
s:� i 4 ..
F � � �
i. ���
y` -- _
t � ' � ,'��
,:
� , . _ ��
�_'�' � r�
, . � I , .
.f�:-, `,
i '
r
1
1 rr/I' kl1 f 1'{"p
r �4} V dl Iii I lit � 1,11{1 1 1 ,
i1�� 1 � PI�1�11 t11 'h'Ihi 11 j{I11�1�{I{I{11111, j` 1' f�{fir�
� NA��d�� 1VIY1� 1 IIVil�111 :11 i'll'1411V1 it y{i1 {17 .��.
wA�jy� 11141VI pdi♦ ! � Il+lf'�t'1�1�1111 1�
P'y11!�,if if 1 h111�1'J1 1l1 lffll i ill P
S16V�1'�11 �� 'f'y4111{;�1�`11 1f1,i ,LI-
' fly;,+1 Ii111f 11111111
ill 1
t •
-
iY ' 1
R
a