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Resolution No. 2010-23

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City Council meeting minutes of August 16 2010

RESOLUTION NO. 2010-23

              

A RESOLUTION of the City Council of the City of Lakewood, Washington, confirming the assessment of charges in the amount of $85,237.30 as a special assessment against property known as Fir Acres Mobile Home Park located at 12623 Bridgeport Way SW, Lakewood, Washington, for abatement of a public nuisance and dangerous buildings and authorizing said charges to be certified for collection in the same manner as 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, a public hearing was held on August 2, 2010, regarding the abatement of a public nuisance and dangerous buildings at Fir Acres Mobile Home Park located at 12623 Bridgeport Way SW (hereinafter “Fir Acres Mobile Home Park”); and,

WHEREAS, testimony was taken at the public hearing from City staff, residents of Fir Acres Mobile Home Park and their representatives, and members of the public; and,

WHEREAS, while the City Council fully considered, recognized and appreciated the position of the residents and representatives of Fir Acres and other concerned citizens, it is the finding of the City Council that it was appropriate to expend public funds to abate public nuisances and dangerous buildings located at Fir Acres Mobile Home Park to protect the public health, safety and welfare; and,

WHEREAS, notwithstanding the efforts by the City,  the person or persons responsible for the property and buildings at Fir Acres Mobile Home Park could not or would not avail themselves of the opportunity to quickly and cooperatively remove public nuisance and dangerous building conditions, which include but are not limited to: substandard and hazardous electrical conditions that impact the entire property; extensive deterioration and dilapidation of buildings; unpermitted construction and modifications; extensive property maintenance and vehicle storage violations; vacant buildings that were uninhabitable, unsecured and apparently abandoned; and additional public nuisance and health and safety violations; and,

WHEREAS, abatement of dangerous buildings and public nuisances and the procedures therefore are specifically enumerated and authorized under LMC 15A.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, as authorized in pertinent codes and statutes, it is appropriate also for the City of Lakewood to seek recovery of fees, the cost of staff time, and charges expended in abating said nuisances, thereby recovering public funds used in this manner; and,

WHEREAS, the City Council adopts by reference as part of these findings the July 28, 2010, Memo and all its attachments submitted for this public hearing on August 2, 2010, by Assistant City Manager David Bugher and Code Enforcement Officer Douglas Price, titled “PUBLIC HEARING ON 12623 BRIDGEPORT WAY SW, LAKEWOOD, WASHINGTON / ABATEMENT OF PUBLIC NUISANCE AND DANGROUS BUILDING” (hereinafter “Memo”), and the same documents are on file with the Office of the City Clerk.; and

          WHEREAS an itemized statement of funds expended, and a description of the conditions contained upon the property are set forth in the above-referenced Memo and justify the assessment of charges for this abatement against the property in the amount of $85,237.30. 

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 known as Fir Acres Mobile Home Park, located at 12623 Bridgeport Way 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 $85,237.30  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   16th   day of   August  , 2010.

                          

CITY OF LAKEWOOD

 

Attest:

____________________________________

Douglas G. Richardson, Mayor

_______________________________   

Alice M. Bush, MMC, City Clerk

 

Approved as to Form:

 

 

_______________________________

Heidi Ann Wachter, City Attorney