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HomeMy WebLinkAbout001257 Original Contract The City of Port Angeles Record # 001257 VOLUNTARY ABATEMENT AGREEMENT THIS AGREEMENT entered into as of the date of the last signature affixed below between the City of Port Angeles,the City,and LAVAN LUKES,the owner,who owns real property legally described as Lots 9 - 12, Block 346,Townsite of Port Angeles, situated in Clallarn County, Washington, which is more commonly addressed as 1103 S Valley Street,Port Angeles,Washington. WITNESSETH: (1) The City and owner agree that the conditions set forth in Paragraph No. 2 of this Agreement constitute a nuisance under the City's Nuisance Ordinance and must be abated in the manner set forth in Paragraph No. 3 of this Agreement on or before November 5,2017;and the owner is the person responsible to abate the conditions. (2) The condition of the property which is the subject of this Agreement and constitutes a violation of Port Angeles Municipal Code Sections 8.30.045, 8.30.060 and 14.01.100 that must be abated is: accumulation of debris and trash not within an enclosed structure, parking of vehicles on residential property,dilapidated and damaged structure,discharge of sewage in a private disposal system that is not in accordance with adopted laws pertaining to such system, and building construction work not abiding by construction codes. (3) The condition of the property which is the subject of this Agreement must be abated by: a) Removing any vehicles in excess of four within 14 days of signing this Agreement. The four vehicles remaining on the property must be operable,registered,and in good condition. b) Remove all trash,storage,and debris from the property within 14 days of signing this Agreement. c) Apply for a demolition permit for the accessory structure within 60 days of signing this Agreement. Complete the demolition within 30 days of obtaining the permit. d) Provide proof of septic inspection within 14 days of signing this Agreement. e) Apply for appropriate permits to repair the main house,including the kitchen,bathroom, electrical system, and smoke/CO detectors within 30 days. Complete the work within 60 days of obtaining the permits. (4) In consideration for the granting of this extended abatement period the owner understands and agrees that he waives his right to appeal the City's determination that a violation of the Port Angeles Municipal Code exists on his property. This waiver is voluntary and freely made with the full knowledge of its consequences that includes the loss of right to appeal this determination of City Code violation. (5) The Owner also consents and agrees that, if the condition giving rise to this Agreement is not abated by the time provided in Paragraph No. I and in the manner prescribed in Paragraph No. 3,the City or its agents and contractors may enter the property,on no less than two(2)days' notice to the Owner, and abate the violation. Once the violation has been abated by the City,the Owner will receive an invoice from the City and shall be responsible for all reasonable costs of abatement. The costs shall be paid to the - 1 - City within thirty(30)days from the date of the invoice. If the costs are not paid they shall be a lien against the property. (6) The Owner further agrees and consents that if the terms of the Voluntary Abatement Agreement are not met,the Owner shall he assessed all costs and expense-,of the abatement per PANIC 8.04.080. (7) 'fhe Owner also further agrees and consents that if the terms of the Voluntary Abatement Agreement are not met,the City may post and close the property as unsafe;. Persons entering the property after such time would be subject to arrest. (8) 'The Owner agrees that the City shall have the right to request sivcif ic perforniance of this Agreement and that the remedies of the City in connection with the abatement ofthe violations and reimbursement of all costs incurred therefore are cumulative in favor of the City. (9) The Owner agrees that this Agreement may be recorded with the Clallarn County Auditor's Office. (l 0) The Agreement shall be interpreted in accordance with the laws of the State of Washington and venue shall be in Clallarn County,Washington. (l f) This is a fully integrated Agreement and contains the entire Agreement between the parties. Any prior written or oral agreements which are different in terms,conditions and provisions to this Agreement shall be of no effect and shall not be binding upon either party. (12) No amendment or modifications of this Agreement shall be valid unless expressed in�rriting and executed by the parties hereto in the same manner as the execution of this Agreement. IN WITNESS WHEREOF,the parties have caused this agreement to be executed as set forth below. By: By: ty t' W, rr " 0 ner 1103 S. Valley !qtr e forth, e of Port Angeles, WA Y WWW Date: Date - 2 - STA,rE OF WASHINGTON) )ss. County of Clallam On this A�day of 2017 before me,a Notary Public fort State of Washington,duly commissioned and swbm,personally appeared L.,ciyQi4 to me known to be the individual that executed the foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed for the uses and herein mentioned. order my hand and official seal the day and year first in this certificate above written. AA NOTA4P!UZI*IC-inand for time tate oo of Washington,residing at Port Angeles. MyCommission expires: STATE OF WASHINGTON) )ss. County of Clallam On this--�!��ay of017,before b&rx2n!-j ore mN e,a otary Public fear St r the ate of 2 Washington,duly commissioned and svkom,personally appeared , to me known to be their Za!)of the City of Port Angeles,the municipal corporation that executed the foregoing instrument,and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,and on oath stated that he was authorized to execute said instrument,and that the seal affixed is the seat of said municipal corporation. Given under my hand and official sea] the day and year first in this certificate above written, vv wfgl�41 ,sN 0 .0% Not ai�yjublic in and for the State of Washington,residing at Port Angeles. co N My commission expires: