City Council meeting minutes of June 4 2007
RESOLUTION NO. 2007-10
A RESOLUTION of the City Council of the City of Lakewood, Washington, confirming the assessment of charges in the amount of $7,254.39 as a special assessment against property located at 6902 146th Street SW for abatement of a public nuisance and a dangerous building and authorizing said charges to be certified for collection in the same manner as for property taxes
WHEREAS, in connection with the incorporation of the City of Lakewood, Washington, the City Council adopted a number of health and safety codes and regulations, including regulations providing for fire, building, housing, litter, and other regulations to address adverse and negative impacts on citizens and property in the City; and,
WHEREAS, the City?s code enforcement actions achieve a high degree of success through communication with property owners and dissemination of information about the health and safety codes of the City; and,
WHEREAS, in a small number of code enforcement cases the City may use progressively aggressive warning letters, notices to abate, and notices of infractions filed with the Municipal Court in order to achieve positive responses from persons responsible for properties that are in violation of the City?s adopted codes; and,
WHEREAS, notwithstanding the efforts described above, a property located at 6902 146th Street SW suffered neglect, abandonment and vandalism, and the person or persons responsible for the property could not or would not avail themselves of the opportunity to quickly and cooperatively remove these nuisance and dangerous building conditions; and,
WHEREAS, in order to ensure abatement of a public nuisance, and to protect the citizens and property located in the City of Lakewood, it was necessary for the City to expend public funds for such public nuisance and dangerous building abatement; and,
WHEREAS, under the circumstances stated herein it was appropriate to expend $7,254.39 to abate nuisances and dangerous buildings located at 6902 146th Street SW to protect the public health, safety and welfare; and,
WHEREAS, abatement of public nuisances and the procedures therefore are specifically enumerated and authorized under LMC 15.32, under the Uniform Code for the Abatement of Dangerous Buildings, under RCW 35.80.030, and under RCW 7.48, and those procedures were followed in this matter; and,
WHEREAS, following said abatement, as authorized in pertinent codes and statutes, it is appropriate also for the City of Lakewood to seek recovery of the fees and charges expended in abating said nuisances, thereby recovering public funds used in this manner; and,
WHEREAS, enforcement and abatement measures taken regarding said property, an itemized statement of funds expended, and a description of the conditions contained upon the property are set forth in the Report of the Building Official, identified as Exhibit ?A? to this Resolution and the same documents are on file with the Office of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON HEREBY RESOLVES, as Follows:
Section 1. That in protecting the public health, safety and welfare, it was necessary to abate nuisance conditions and dangerous buildings upon property located at 6902 146th Street SW within the City of Lakewood, Washington. It is further appropriate to certify and confirm the assessment of charges for this abatement against the property, recording charges in the amount $7,254.39 on the county tax assessment rolls, and thereafter creating a special assessment against and a lien upon the property for this amount. Further, upon the passage of this resolution and thirty (30) days, as allowed under the Uniform Code for the Abatement of Dangerous Buildings, the special assessment shall bear interest at the rate of twelve (12) percent per year from and after that date.
Section 2. That this Resolution shall be in full force and effect upon passage and signatures hereon.
PASSED by the City Council this 4th day of June, 2007.
CITY OF LAKEWOOD
Attest:
____________________________________
Dr. Claudia B. Thomas, Mayor
_______________________________
Alice M. Bush, MMC, City Clerk
Approved as to Form:
_______________________________
Heidi Ann Wachter, City Attorney
?EXHIBIT A?
REPORT OF THE BUILDING OFFICIAL
DATE: May 31, 2007
PROPERTY OWNER: R.M.DeBay
PROPERTY ADDRESS: 6902 146th Street SW, Lakewood, WA
TAX DESCRIPTION: Section 22 Township 19 Range 02 Quarter 11 : COM N LI OF W N SAVAGE DLC 3317.45 FT E OF NW COR THEREOF TH ON A LI WHICH IF CONT WOULD INTER S LI OF SD DLC AT A PT 3374.39 FT E OF SW COR THEREOF S 691.81 FT TH E 303.39 FT TO POB TH S 100 FT TH E 126.73 FT TO WLY LI OF WOODBROOK RD TH ON SD WLY LI OF RD N 14 DEG 58 MIN W 103.50 FT TH W 100 FT TO POB
CONDITION OF PROPERTY: Based upon reports from Code Enforcement Officer Doug Price, commencing in September of 2007 this property appeared abandoned, the windows on the building were broken and the building stood open to trespassers. A large quantity of junk, trash and putrescent garbage was piled and strewn throughout the interior and exterior of the building. A very large hedge and blackberry thickets shielded the building, concealing criminal conduct and nuisance behavior from public view. The building and property was dangerous in that it was an attractive nuisance for children and a resort for persons to engage in illegal activities. The building and premises existed in this condition until public funds were used to repair this building and property.
PROCESS FOLLOWED: The property was posted on or about December 26, 2006, with a Notice and Order declaring the property to be a public nuisance and to contain a dangerous building. This notice was posted upon the property and mailed via certified mail to the property owner. An additional notice regarding the property was filed with the public tax records on February 21, 2007, certifying that the property was dangerous and giving notice of the City?s intent to abate it. A contractor was hired, the work was performed, and an invoice for this work in the amount of $7,153.60 was received on or about February 21, 2007. The Lakewood City Council set a public hearing to consider this matter on May 21, 2007. Notice of this hearing was posted upon the property, published in a newspaper of general circulation, and mailed again to the property owner. The public hearing was then held on May 21, 2007. The property owner did not appear or contest the City?s actions in this matter.
DESCRIPTION OF WORK COMPLETED: The City?s contractor secured the doors, windows and garage attached to this building with plywood. Vegetation surrounding the house was cleared and hauled away. Garbage, trash, car parts, lumber and other substances were removed from the property.
COSTS:
Contractor?s invoice ???????? $7,153.60
Fees for filings ??????????. $34.00
Publication costs ?????????.. $62.15
Certified mailings ????????? $4.64
TOTAL ?????????????????????$7,254.39
(A copy of the contractor?s invoice is attached.)
RECOMMENDATION: It is recommended that the Lakewood City Council authorize that the total amount stated above be placed as a lien upon the property and certified to the county taxing authority for collection. As the property owner abandoned this property and failed to respond to postings or mailings, creating the lien as a special assessment against the owner would not assist in collecting the funds expended.
Signed this 30th day of May, 2007.
______________________________
Mark Nelson, Building Official
City of Lakewood
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