RESOLUTION NO. 2009-07
A RESOLUTION of the City Council of the City of Lakewood, Washington, authorizing the City Manager, or designee thereof, to proceed with legal action necessary to abate a public nuisance located at 8809 Frances-Folsom Road SW
WHEREAS, pursuant to the Washington State Constitution, the Revised Code of Washington, and the Lakewood Municipal Code, the City of Lakewood has authority to abate public nuisances and dangerous conditions that threaten the health, safety, welfare and property of its citizens; and,
WHEREAS, in regard to 8809 Frances-Folsom Road SW, City staff has documented ongoing problems with accumulations of junk, trash, junk vehicles, garbage and overgrown vegetation, which conditions are a public nuisance and contrary to the public health, welfare and safety; and,
WHEREAS, the owner of the property has been identified as Maria Avery, who is elderly and believed to be in ill health; and,
WHEREAS, staff posted this property as a public nuisance requiring abatement in 2007, but the property owner has failed or been unable to conduct the work necessary to clean this property; and,
WHEREAS, it is the finding of the City Council, based upon the facts, records and testimony provided in this matter, that it is appropriate to file a civil lawsuit in a court of competent jurisdiction, to seek a warrant of abatement and to expend public funds as necessary, if the property owner further refuses or is unable to remove dangerous conditions from the property; and,
WHEREAS, it is further the finding of the City Council that all costs of such an abatement action, including legal fees and expenses, should be sought as a lien upon the property if public funds are used for this purpose.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON HEREBY RESOLVES, as Follows:
Section 1. The City Manager, or designee thereof, is hereby authorized to initiate legal action against Maria Avery, and/or any other owner or person responsible for property located at 8809 Frances-Folsom Road SW, to seek a warrant of abatement, to expend public funds toward abatement of public nuisances located upon said property, to seek recovery of all public funds expended therefore, and to take such other and further action as is necessary in this matter.
Section 2. This Resolution shall be in full force and effect upon passage and signatures hereon.
PASSED by the City Council this 2nd day of February, 2009.
CITY OF LAKEWOOD
Douglas G. Richardson, Mayor
Alice M. Bush, MMC, City Clerk
Approved as to Form:
Heidi Ann Wachter, City Attorney
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