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Resolution No. 2010-25

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 City Council meeting minutes of September 20 2010

RESOLUTION NO. 2010-25

 

A RESOLUTION of the City Council of the City of Lakewood, Washington, confirming the assessment of charges in the amount of $16,893.48 as a special assessment against the property located at 15116 Portland Ave. SW, parcel #0219212111, 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, among these health and safety regulations, are those that provide for the City to expend public funds and abate public nuisances and dangerous buildings upon private property; 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,

WHEREAS, as authorized in pertinent codes and statutes, it is appropriate for the City of Lakewood to seek recovery of fees, the cost of staff time, and other costs expended in abating said nuisances, thereby recovering public funds used in this manner; and,

WHEREAS, the City conducted an emergency abatement to remove dangerous buildings and public nuisances from the property located at 15116 Portland Ave. SW, parcel number 0219212111; and,

WHEREAS, a public hearing was held on June 21 and September 7, 2010, regarding said abatement; and,

WHEREAS, testimony was taken at the public hearing from City staff, members of the public and Ed Zenker -- who is the corporate president  for apparent property owner Mr. Z’s Inc.; and,

WHEREAS, the City Council adopts by reference in support of this resolution the testimony of Code Enforcement Officer Doug Price and written Memoranda, all attachments thereto, and all other documents, filed by the City for the public hearing on June 21, 2010 and September 7, 2010[1], which 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 and procedures followed in conducting the abatement, are set forth in the above-referenced Memoranda; and,

WHEREAS, the City Council fully considered the unique challenges related to identifying and providing notice to the property owner based upon (1) the incomplete and deficient state of the public records regarding ownership filed with the Pierce County Auditor and Pierce County Assessor Treasurer (tax assessment rolls), and (2) conversations City Staff had with Mr. Zenker, another representative/agent of Mr. Z’s Inc (Dick Spiller), and JP Morgan Chase Bank.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, HEREBY RESOLVES, as Follows:

Section 1.      Based upon the record, City Council makes the following findings and conclusions:

A.   Neither the aforementioned public records nor staff conversations with Mr. Zenker and the representative/agent for Mr. Z’s Inc. revealed that Mr. Z’s Inc. owned the subject property at the relevant time for purposes of issuing written notice pursuant to this action.

B.   The aforementioned public records indicated that JP Morgan Chase Bank appeared to be the owner of the property at the relevant time for purposes of issuing written notice pursuant to this action.

C.   The City acted with due diligence and provided proper legal notification pursuant to this action, based upon the City’s knowledge at the relevant time, when it issued written notice to JP Morgan Chase Bank and not to Mr. Z’s Inc.

D.   Notwithstanding the efforts by the City,  the person or persons responsible for the property and buildings at 15116 Portland Ave. SW could not or would not avail themselves of the opportunity to quickly and cooperatively remove the public nuisance and dangerous building conditions.

E.   In protecting the public health, safety and welfare, it was necessary and appropriate to expend public funds to abate nuisances and dangerous buildings upon the property located at 15116 Portland Ave. SW, parcel number 0219212111, within the City of Lakewood, Washington.

F.   The procedures specified in the above-referenced statutes and regulations were followed in this matter.

G.   It is appropriate to certify and confirm the assessment of charges for this abatement against the property, recording charges in the amount of $16,893.48 on the county tax assessment rolls, and thereupon creating a special assessment and a lien upon the property for this amount.

Section 2.      Staff is hereby directed to file with the Pierce County Auditor and the Pierce County Department of Budget and Finance the documents necessary to implement upon this property a special assessment and lien in the amount of $16,893.48.

Section 3.      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 4.      That this Resolution shall be in full force and effect upon passage and signatures hereon.

PASSED by the City Council this 20th day of September , 2010.

 

CITY OF LAKEWOOD

 

Attest:

____________________________________

Douglas G. Richardson, Mayor

_______________________________

Alice M. Bush, MMC, City Clerk

 

Approved as to Form:

 

 

_______________________________

Heidi Ann Wachter, City Attorney

 



[1]

Memorandum – Subject: Public hearing on 15116 Portland Avenue SW, Lakewood, Washington / Abatement of Public Nuisance and Dangerous Building.

Memorandum – Subject: Supplemental public hearing on 15116 Portland Avenue SW, Lakewood, Washington / Abatement of Public Nuisance and Dangerous Building.

Bargain and Sale Deed, dated August 11, 2009, recorded December 17, 2009, recording number 200912170072.