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Resolution No. 2006-20

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City Council meeting minutes of July 17 2006

RESOLUTION NO. 2006-20

              

A Resolution of the City Council of the City of Lakewood, Washington, setting a public hearing on Monday, August 7, 2006, regarding the abatement of dangerous buildings located 3418 84th Street South

 

WHEREAS, in Lakewood Municipal Code Chapter 15A.24, the City Council adopted the Uniform Code for the Abatement of Dangerous Buildings (UCADB); and,
WHEREAS, pursuant to the procedures contained in the UCADB, the City?s Building Official may inspect buildings and, upon finding a building to be dangerous, post such a building as dangerous and serve notice to the property owner requiring that the dangerous building be vacated, demolished, secured and/or repaired; and,
WHEREAS, the City?s Building Official previously inspected and found dangerous buildings located at 3418 84th Street South within the City and did serve and post notices requiring demolition of these buildings; and,
WHEREAS, after notification and posting, the property owners or persons responsible for this property failed to appeal the building official?s order and failed to demolish the buildings as required; and,
WHEREAS, an abatement was conducted upon this property, causing the removal of the dangerous buildings, and in City of Lakewood Resolution No. 2006-11 a lien was created against this property in the amount of $14,130.19 for the costs thereof; and,
WHEREAS, after this abatement the City Council heard public testimony regarding a hole that remained after this abatement, and citizen concern that this hole upon this property was dangerous and should be filled in; and,
WHEREAS, in response to public concern additional action was taken to fill in this hole, adding an additional $2,083.52 to the cost of this abatement for a total abatement cost of $16,213.71 related to this matter; and,
WHEREAS, as public funds were expended to abated this building and dangerous conditions related to this building, the City Council is now obliged under the UCADB to hold a public hearing to consider the reports of the building official, to hear protests or objections to the City?s actions, to correct or modify the amounts charged against these buildings and/or property owners, and to confirm or reject the collection of such funds as personal obligations of the property owners or as special assessments against the properties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD DO RESOLVE AS FOLLOWS:
Section 1.         Public Hearing Set. That a public hearing shall be held regarding the use of  public funds to abate dangerous buildings located at 3418 84th Street South within the City of Lakewood.  This public hearing is set for Monday, August 7, 2006,
at 7 p.m. in the City of Lakewood City Council Chambers.
Section 2.         Notice of Hearing shall be served in accordance with Section 902 of the Uniform Code for the Abatement of Dangerous Buildings by posting the properties named above, publishing notice in a newspaper of general circulation, and by certified mail, postage prepaid, addressed to the owners of the properties as the owners? names and addresses do appear on the last equalized assessment roll of the county or as last known.
Section 3.         Procedure at Hearing.  At this public hearing the City Council will be obliged to consider the reports of the building official, the protests or objections of the property owners, and shall determine the correctness of charges against said properties and, if so charged, whether charges shall be made against the property by special assessment or against the property owner personally.
Section 4.         Severability.  If any section, sentence, clause or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance.
    
Section 5.         This Resolution shall be in full force and effect upon passage and signatures hereon.
PASSED by the City Council this 17th day of July, 2006.
Attest:                                                                         _______________________________________
Claudia B. Thomas, Mayor
_________________________________
Alice M. Bush, MMC, City Clerk
Approved as to Form:
_________________________________
Heidi Ann Wachter, City Attorney