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HomeMy WebLinkAbout28-93 RESOLUTION NO. 28-93 A RESOLUTION of the City Council of the City of Port Angeles, Washington, declaring the existence of a public nuisance and requiring the elimination of such nuisance. WHEREAS, Chapter 8.04 PAMC provides that it is unlawful for the owner or occupant of any property in the City to allow weeds or other growth (1) to obstruct or interfere with streets or sidewalks; (2) to constitute a menace to the public health, safety or welfare, including but not limited to a fire hazard; or (3) to cause the degradation of the character of the neighbor- hood, for which weeds or other growth the general rule of thumb is an average length of 12" or more; and WHEREAS, Chapter 8.04 PAMC provides that it is unlawful for the owner or occupant of any property in the City to allow the existence upon the premises of any junk, litter, or refuse when written complaint from two or more City residents who are impacted by the present or potential effect of the condition on them or their property, has been received by the City, unless such materials are kept or stored in an orderly and sightly manner and so as not to create a fire, safety, health, or sanitary hazard; and WHEREAS, pursuant to PAMC 8.04.050, the City's enforce- ment officer has notified the responsible person(s), as defined in PAMC 8.04.020H and as set forth in Exhibit "A" attached hereto and incorporated herein by this reference, that a public nuisance exists on the premises and has requested the responsible person(s) to abate the condition within a ~designated reasonable period; and WHEREAS, the responsible person(s) have failed to abate the public nuisance within the designated reasonable period; and -1- WHEREAS, the City's enforcement officer has given at least five (5) days' written notice to the responsible person(s) identified in Exhibit "A" that the City Council will conduct a public meeting to consider initiating formal abatement proceed- ings; and WHEREAS, the City Council has provided the opportunity for public comment on the issues of the existence of a public nuisance and the initiation of formal abatement proceedings; and WHEREAS, the City Council has considered the public comment and the facts presented by the enforcement officer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, as follows: Section 1. It is hereby declared that the condition of the premises described in the attached Exhibit "A" constitutes a public nuisance. Section 2. It is hereby required that the responsible person(s) shall correct such condition by removing, destroying, changing or controlling such weeds, vegetable or horticultural growth, by removing such junk, litter, or refuse, or by taking such other and further steps as may be necessary to eliminate such nuisance. Section 3. In the event of the failure of the respon- sible person(s) to correct such condition within ten (10) days of the date of this Resolution, the same will be corrected by the City at the expense of such responsible person(s), and the cost thereof shall become a charge collectible by any legally available means and, in the event that the responsible person, or one of the responsible persons is the owner, shall be and remain a lien upon such premises until paid. Section 4. The enforcement officer shall forthwith cause to be mailed a copy of this Resolution by United States Mail, addressed to the responsible person(s) at his last known --2-- post office address. Section 5. If the responsible person, or one of the responsible persons, is the owner, a claim for lien against the property shall be filed with the County Auditor for the costs of removal and disposal, which shall be in substance in accordance with the provisions covering mechanic's liens in Chapter 60.04 RCW, and said lien shall be foreclosed in the same manner as such liens. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 3rd day of ~¥ 0 ATTEST: Becky J~t~n, City Cle~ APPROV~~~/~~~~__~~~ A TO FO~: Craig' D.~nutson, City Attorney PW. 1P -3- CITY OF PORT ANGELES DEPT. OF PUBLIC WORKS - 1993 PUBLIC NUISANCE REPORTS EXHIBIT 'A'......REVlSED C089393 FILE ADDRESS LEGAL OWNER CATAGORY OF REPEAT NO. OF DESCRIPTION & COMPLAINT OFFENDER PROPERTY ADDRESS (Y,N) 061793-04~ LOTTO WEST OF 1316 LOT FO, BLOCK F, CHARLES NEMISH PUBLIC NUISANCE: TALL Y E. TTH CRESTHAVEN ALTERATION PO BOX 8880 GRASS & WEEDS #051,6-12-92 SANTA FE, NM ~098,7-22-91 87504 #510,8-1-90 ~284,7-7-28 07119~-057 1728 W 7114 LOT 6, BLK 248, JUNK VEHICt. E: PUBLIC NUISANCE: JUNK N TPA JE~,ICA B. STRAUSS VEHICLE - FORD PINTO 130~ E FRONT PORT ANGELES, WA 28~62 PROPERTY: ' ' ASTRID FREDRIKSEN 100~ S. "P' ST. PORT ANGELES, WA 071193-058 LOT~ BETWEEN 1710 & LOTS 4, 5, BLK 248, MATHEW SEAN PETREE PUBLIC NUISANCE: JUNK N 1728 WTTH TPA 1726 wTrH IN YARD PORT ANGELES, WA FIRE HAZARD: TALL DRY 98362 GRASS & WEEDS 07129~-065 222 W PARK LOT 2, SHORT PLAT 80-1 - 1 WILLIAM LARUE FIRE HAZARD: TALL DRY Y 222 W PARK GRASS & WEEDS PORT ANGELES, WA 98362 07129~-066 927 W 1511-1 LOT 14, BLK 414, KEYCORP COMPANY FIRE HAZARD: TALL DRY N TPA8 205 PARK CLUB lANE GRASS & WEEDS PO BOX 9000 PUBLIC NUIS.: JUNK IN BUFFALO,NY YARDS 14231 RE:RICHARD PETERSON LOAN # 2328933