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Home My WebLink About08-22 i RESOLUTION NO'. A RESOLUTION of the City Council of the City of Port Angel Washington, aff nning and ratifying, the Declaration of Emergency and Order for Emergency Abatement issued by the City Manager on March 30, 2022. WHEREAS, a Declaration of Emergency and Order for Emergency abatement (the Declaration) was issued by the City Manager on March Tfl, 2022, a complete copy, ofwhich is f attached, and it WHEREAS, the Council has reviewed the facts and circumstances that prompted the Declaration; and WHEREAS, the Council hereby hinds that the facts recited in the Declaration are true and correct, ,. NOW, THEREFORE, BE IT"RESOLVED by the City Council of"thc City of Port Angeles: 1, "I'he Council finds and declares that the current condition of the building located at 204 E.Front Street creates an immediate threat to the public health, safety,and welfare;and f therefore,the building constitutes an emergency that must be abated; and 2. The City Council affirms, and ratifies (l) the Declaration and (2) all actions taken and contracts made under authority of that Declaration, t PASSED by the City Council of the City of Port Angeles at a regular meetings of said Council held on the "'day ofApril, 20122. Kate Dexter, Mayor ATTfEES"lm". ICari arturaez arlc°y�Cwty APPrOy IUDASTOFCOR Wi m ;. door, C.=i ,Attorney DECLARATION OF EMERGENCY AND ORDER FOR EMERGENCY ABATEMENT Nathan West, time City Manager of the City of Port Angeles, finds that the following facts exist. 'gym I IEREA , pursuant to PAMC 2,, 0,l 70.A whenever a condition constitutes an immediate threat to the public health, safety, or welfare or to the environment,, the City Manager is authorized to summarily abate the condition. Notice of such abatement,including the reason for it, must be given to the person responsible for the violation as soon as reasonably possible, whether before or after the abatement action is initiated'.; and WHEREAS,RE, , l have determined that Emergency Abatement action,as authorized by Chapter 2.90 (Compliance and Enforcement) of the Port Angeles Municipal Code (l?AMC), is necessary regarding real property located at 204 E. Front Street, Now, Therefore, l issue the following Order for Emergency Abatement This Order is based on the following Findings of Fact; n March 26, 2022 the Fire Department received a report of a fire at the building located at 0 E. Front Street, The Fire Department arrived and found a fire located on the ground floor ofthis building. The fire had been started as a "warming lire" inside the building, where a lame number of unauthorized persons were gathered, Fire Department personnel extinguished the fire and noted substantial evidence that demonstrated large numbers of persons were residing in this building, which was not safe or healthy ,for occupancy. Following this fire,the Fire Department personnel observed the following conditions in the building's interiorr-----the floor was littered with numerous miscellaneous possessions, copious amounts of garbage,human feces, drug paraphernalia, and at least four tents set up inside on the second floor. The building is made of brick, and the masonry structure of the building is clearly crumbling in several locations. The entire south wall of the second floor appears to be propped up with wooden angle braces, several masonry interior walls are breached; and all the interior fire-;resistive construction has been removed resulting in all wooden structural elements being exposed. "rhe property is currently in a state of complete disrepair in that the building is, dilapidated, unsafe, damaged, and in disrepair to the extent that it poses a threat of structural failure, Since 201 1, the real property located at 204 E. Front Street has been the subject of numerous nuisance complaints based on the owner's failure to prevent unauthorised persons from entehng the building for purposes of drug use and temporary habitation, The owner permits an accumulation of garbage, litter, and debris,which includes, but is not limited to,improperly stored bottles,cans,paper,glass,plastic,cardboard,discarded or broken appliances, furniture,equipment, bicycles or parts thereof, pallets, mattresses, clothing, household goods, construction materials, and lumber, which provides harborage for rats or other vermin, and which is a fire hazard. The owner has allowed this unoccupied building to remain open to entrance because of broken, missing, or open doors, windows, or other openings, so that the same is used by unauthorized persons, in a nianner detrimental to the health and welfare of the inhabitants of the City. The City has provided the owner of this property numerous opportunities to remedy the illegal, unsafe and unsanitary conditions, at this, property, The City has contacted the owner at the following, tirnes to request the property be brought into compliance with the City Municipal Code—January 2011, June 20111, March 2012, November 2013, May 2015, January 202 1, Julie 2021,and September 202,1. Each time he was contacted the owner promised to bring the building into, compliance with the City Municipal Code, and each time he failed to,do so. Based on the conditions, detailed above, I have concluded) that the condition of the building constitutes,an immediate threat to the public health, safety and welfare; and NOW,THEREFORE, by the authority granted to me under State law and by the City Council, for the reasons set forth above, I hereby declare that an emergency exists in Port Angeles caused by the condition of the building located at 204 E. Front Street, and I order, authorize, and direct the following: 1. Emergency abatement of the conditions of the building located at 204 F. Front Street be initiated and earned out pursuant to PAMC' 2.90.170.A; and 2. That notice be given to,the property owner immediately; and 3. That the departments of the City to work together to immediately secure the building so to prevent further 'unauthorized access to it and expend general funds of the City as necessary to accomplish that purpose, 4. City staff will take whatever action is determined to be appropriate to respond to the emergency conditions, including entering into contracts and incur obligations necessary to combat such emergency situation to protect the health and safety of persons and the preservation of property. 5. Each City Department is authorized to exercise the powers vested under this Declaration and Order in light of the emergency situation without regard to 'time-consuming procedures and formalities prescribed by law(excepting mandatory constitutional requirements), 6. 1 declare that the actions authorized by this Declaration are necessary to avoid an imminent threat to the public health or safety, to prevent an imminent danger to public and private property, and these actions must be taken within an appropriate time to respond to the emergency. 7. As soon as practicable,I will advise and consult with the City Council with respect to all actions taken under the authority of this Declaration. Any contract entered into under the authority of this 2 1101"N Declaration will he presented to the City Council at the eagle s practical time for review and appropriate legislation. & This Declaration will take effect on my si&mature, and will remain in effect until I rescinded in writing. DATED this day of March 2022. ........... .......... est,City Manager