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Resolution No. 2007-21

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City Council meeting minutes of Nov 5 2007

RESOLUTION NO. 2007-21

A RESOLUTION of the City Council of the City of Lakewood, Washington, confirming the assessment of charges in the amount of $20,823.96 as a special assessment against property located at 8610 Nixon Avenue SW for abatement of a public nuisance and dangerous buildings and authorizing said charges to be certified for collection in the same manner as for property taxes

WHEREAS, after incorporation of the City of Lakewood, Washington, the City Council adopted health and safety codes and regulations, including regulations providing for fire, building, housing, litter, and other regulations to address adverse conditions and negative impacts on citizens and property in the City; and,

WHEREAS, an emergency existed in that property located at 8610 Nixon Avenue SW was contaminated from the illegal manufacture of methamphetamine and accumulations of junk, trash and garbage throughout the premises; and,

WHEREAS, although the City of Lakewood acted to secure buildings upon the property from entry, the City was informed that people were entering the buildings and premises, knowingly or unknowingly subjecting themselves to risk of injury or disease from the contaminated condition of this property; and,

WHEREAS, 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, abatement of public nuisances and the procedures therefore are specifically enumerated and authorized under Lakewood Municipal Code Chapter 15.32, under the Uniform Code for the Abatement of Dangerous Buildings, and under Revised Code of Washington Chapters 35.80 and 7.48; and,

WHEREAS, the procedures contained in the relevant codes were followed in that notices regarding this action were posted upon the property, letters regarding this matter were sent to the property owner via regular and certified mail, and a public hearing regarding this matter was held before the City Council on October 15, 2007; 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.

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 8610 Nixon Avenue SW within the City of Lakewood, Washington. 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, attached hereto, marked as ?Exhibit A? to this Resolution and incorporated herein by this reference.

Section 2. It is further appropriate to certify and confirm the assessment of charges for this abatement against the property, recording charges in the amount $20,823.96 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 applicable laws, the special assessment shall bear interest at the rate of twelve (12) percent per year from and after that date.

Section 3. That this Resolution shall be in full force and effect upon passage and signatures hereon.

PASSED by the City Council this 5th day of November, 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