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HomeMy WebLinkAbout30-93 RESOLUTION NO. 30-93 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 ~he 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 ic meeting to consider initiating formal abatement proceed- .ngs; and WHEREAS, the City Council has provided the opportunity for public comment on the issues of the existence of a public and the initiation of formal abatement proceedings; and WHEREAS, the City Council has considered the public and the facts presented by the enforcement officer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 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 )ublic nuisance. Section 2. It is hereby required that the responsible )erson(s) shall correct such condition by removing, destroying, ~hanging or controlling such weeds, vegetable or horticultural Irowth, 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 date of this Resolution, the same will be corrected by the at the expense of such responsible person(s), and the cost shall become a charge collectible by any legally means and, in the event that the responsible person, or of the responsible persons is the owner, shall be and remain lien upon such premises until paid. Section 4. The enforcement officer shall forthwith to be mailed a copy of this Resolution by United States , addressed to the responsible person(s) at his last known --2-- Dost office address. Section 5. If the responsible person, or one of the ~esponsible 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 ~t a regular meeting of said Council held on the /~day of ~TTEST: Carol A. Hagar, Deputy City Clerk ~PPROV~]~AS TO FORM: ~raig D. ~utson, City Attorney ?W. 1P -3- CITY OF PORT ANGELES DEPT. OF PUBLIC WORKS - 1993 PUBLIC NUISANCE REPORTS EXHIBIT "A'. ........REVISED C081793 FILE ADDRESS LEGAL OWNER CATAGORY OF REPEAT NO. OF DESCRIPTION & COMPLAJNT OFFENDER PROPERTY ADDRESS (Y,N) 073093-074 LOTTO WEST OF LOT 1, BLOCK I, JUDY R. JONES PUBLIC NUIS: TALL GRASS Y 131 $ E 5'FH CRESTHAVEN 504 NW gOTH ST. & WEEDS #056,7 - 11-93 VANCOUVER,WA DOZENS OF 98~5 OTHERS 073O93-075 2ND LOT TO EAST OF LOT 4. BLOCK I, DAVID R. OCONNELL PUBLIC NUIS: TALL GRASS N 1315 E 5TH CRESTHAVEN PSC 277 BOX 82, & WEEDS APO, AP 96549 August 26, 1993 Clerk's Note: At it's meeting of August 17, 1993, the City Council passed a motion directing the City Clerk to correct the title of Resolutions 19-93 and 29-93 to reflect the setting of a public hearing date. City Clerk