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Resolution No. 2012-16

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CITY COUNCIL MEETING MINUTES OF MAY 21, 2012

RESOLUTION NO. 2012-16

A RESOLUTION of the City Council of the City of Lakewood, Washington, confirming the assessment of charges in the amount of $15,270.16 as a special assessment against the property located at 15004 Grant Avenue SW, parcel #2200003161, Lakewood, Washington, for abatement of a dangerous building and public nuisances 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 health and safety codes and regulations, including regulations providing 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, as authorized by RCW 35.80.030, and under the provisions of 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 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 a dangerous building and public nuisances from the property located at 15004 Grant Ave. SW, parcel number 2200003161 (hereinafter “the Property”); and,

WHEREAS, a public hearing was held on May 7, 2012, regarding said abatement; and,

WHEREAS, the City Council received at the hearing a memorandum from Code Enforcement Officer Doug Price and Assistant City Manager David Bugher, a Report of the Building Official on Abatement of Public Nuisance and Dangerous Buildings, copies of the City’s abatement orders and other communications with the property owners, an itemized detail of the City’s expenses, copies of invoices, and photographs of the building and property; and,

WHEREAS, testimony was taken at the public hearing from Code Enforcement Officer Doug Price, two members of the public, and Antonio Redoblado, the former owner, on behalf of Anthony Redoblado, the current owner; and,

WHEREAS, the City Council fully considered the documents and testimony presented at the public hearing:

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

Section 1.        The City Council accepts the Report of the Building Official as written.  The Report and other documents presented at the hearing are incorporated herein by reference and are on file with the Office of the City Clerk

Section 2.        Based upon the record, City Council makes the following findings and conclusions:

A.    The owners of the Property failed to take the necessary action to correct the dangerous building and public nuisance conditions upon their property, despite receiving proper and repeated notice from the City and extensive time and opportunity to do so.

B.    It was appropriate for the City and its contractor to enter the Property and abate the offending conditions located thereon.

C.    It was appropriate for the City to expend funds in the amount of $15,270.16, including contractor fees, staff time, and other expenses, as detailed in the documents provided at the hearing, for the abatement of the Property.

D.    It is appropriate to certify and confirm the assessment of the full charge for this abatement against the Property, recording a special assessment and lien in the amount of $15,270.16, to be collected by the Pierce County Assessor-Treasurer in the same manner as property taxes.

Section 3.        The City Manager or his designee 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 $15,270.16.

Section 4.        Upon the passage of this resolution and thirty (30) days, as provided 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 5.        That this Resolution shall be in full force and effect thirty (30) days after passage and publication.

PASSED by the City Council this           day of                      , 2012.

CITY OF LAKEWOOD

Attest:

____________________________________

Douglas G. Richardson, Mayor

_______________________________   

Alice M. Bush, MMC, City Clerk

Approved as to Form:

_______________________________

Heidi Ann Wachter, City Attorney