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HomeMy WebLinkAboutR-2003-113 Hazardous Vegetation and Debris Abatement of 102 Gilbert Drive, 4408 Englewood Avenue & 205 South 65th AvenueRESOLUTION NO. R-2003-111 A RESOLUTION authorizing the Code Administration Manager to clear certain weedy lots. WHEREAS, pursuant to Section 10.05.100 of the City of Yakima Municipal Code the Code Administration Manager has served "Notice(s) To Remove or Destroy Hazardous Vegetation" on the owners of properties described on the attached report which report is incorporated herein as if fully set forth; and WHEREAS, such service was made in a timely fashion pursuant to Section 10.05.100 of the City of Yakima Municipal Code; and WHEREAS, the City Council has heard evidence by owners of property mentioned in the attached report and has made deletions and adjustments to said report based upon findings from such evidence; and WHEREAS, the Yakima City Council has determined that the hazardous vegetation or debris constitutes an existing or potential fire hazard or a menace to public health, safety or welfare, and; WHEREAS, the owners of the lots listed on the attached report have not responded to the notice nor taken any action to remove from their lots the hazardous vegetation or debris in accordance with the notice given by the Code Administration Manager, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA The Code Administration Manager is hereby authorized and directed to cause the removal of hazardous vegetation and debris from the property described in the attached report and to charge the owners of said property itself, with the actual costs of said removal plus the penalty authorized by Section 10.05.100 of the City of Yakima Municipal Code. The Code Administration Manager shall not take such action until seven days after the date of passage of this resolution. ADOPTED BY THE CITY COUNCIL THIS 19th day of August 2003. ATTEST: City Clerk NAME OF PROPERTY OWNER DeLoris E. Boaz 102 Gilbert Drive Yakima, WA 98902 STREET PARCEL# ACTION TO BE TAKEN ADDRESS LEGAL DESCRIPTION ESTIMATED COST 102 Gilbert Dr. Lot 10, Block 3, according to $2,000.00 the plat thereof recorded in Volume H of Plats, page 49, records Of Yakima County, Washington 181323-43488 -Pfo er, W A 993 50 Gerardo & Dora Gonzalez 2060 Almo Ave Burley, ID 83318-2512 SShort-Pt- -1.813'15443'47"2 4408 Englewood Ave Beg 274.6 feet West of the NE cor $ 500.00 of the NE 1/4 NW 1/4 NW 1/4, thence S 01 Degrees 01 Minutes E 167.9 Ft., thence N 89 degrees 33 minutes E 73 ft, Thence N 167.9 ft, thence W 73 ft to Beg. Except N 25 ft for Rd RW 181322-22003 Yakima, WA 98903 K. Preston & Nicole D. Rosdahl 205 S. 65`x' Ave. Yakima, WA 98908 205 S. 65th Ave. $612 th W 204 ft to Bcg. Ex S 49133+44043- Parson 9133 14943 Parson Plat Lot 29 ex S 11 ft $ 200.00 181320-44466 DEPARTMENT OF COcif!11UNIT1 AND E: 'ONOMIf DE i ELOP ;IE.\ T Office of Code .4dnttnistration ® codes(ci.vaktnta «•a.u' Doug Map/es, CBO, Code.4dinin. and Planrrrn« 1,c11)a,4';/11_t 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 0 Fax (509) 576-6576 UEEL 'IO r' INIMILTIaajlS August 7, 2003 SECOND REUTSTON Mrs DeLoris E Boaz 102 Gilbert Drive Yakima, WA 98902 Dear Property Owner. Subject Addresses: 102 Gilbert Drive, Yakima, Washington The real properties affected by this Notice and Order is legally described as follows. Assessor Parcel Number: 181323-42488 Lot 10, Block 3, according to the plat thereof recorded in Volume H of Plats, page 49, records of Yakima County, Washington The purpose of this notice is to inform you of hazardous conditions, which exist now on your properties, located at 102 Gilbert Drive, Yakima, Washington. The hazardous condition consists of the following. hushes, and trees creating a potential fire hazard; menace to the safety and welfare of neighnring properties, and a public nnisance, IN VIEW OF THE FOREGOING YOU ARE REQUIRED TO TAKE THE FOLLOWING ACTION: i "J;1✓.l 6 - ¢. rk ' -w:6 . 1 1; - w' 1 al: i4 -11 • 4t 1 t,1;:''t 4 ai • 1k August 7, 2003 n. r G This notice will be presented to the City Council on August 19, 2003, at City Hall, 129 N 2nd Street, for consideration and final resolution. You may personally appear and contest this notice at the meeting. In the event you do not appear and contest this notice or take the action required above; the City Council can pass a resolution authorizing someone else to take the action required above The estimated cost of taking that action is $ 2,000 00 The actual cost of the required action, which may be more or less than the estimated cost, will become a lien against your property In addition, you are further informed that the City will impose a $500 00 penalty against you or your property in the event the City takes action to abate the hazardous condition(s) located on your property and referred to in this notice. If you have any questions concerning this Notice, contact Linda Rossignol, Code Compliance Officer at (509) 575-6258 between the hours of 8:00 a.m. - 4:30 p.m., Monday through Friday: Sincerely, Doug Maples, C.B.O. Code Administration and Planning Manager r v.L. JUG 1A1GL7 1 UUUI L'.UUGLI.UV11 Vap Lalli, 1'1lG LGFCLI L111G11L • 7/21/03 — Noted date on notice mcorrect (shows 8/4/03). Mailed revised notice correctmg date to 8/5/03. Telephone call from Joe Riel He conducted a site inspection and agrees property is a definite problem; will assist in Council • 8/4/03 — Council heanng moved to 8/19/03; I called Mrs. Boaz and left a voice mail message informing her of the reschedule date • 8/7/03 — Second Revision of Notice mailed to Mrs Boaz, with updated Council date DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Office of Code Administration • codes@ci.yakima.wa.us Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakinia.na.us 3.:3 North Second Ld .7£f rety 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 • Fax (509) 576-6576 INT DIED A DTMiENT A 7 W MOR A NIMJM 11\ 1 L` 1W 1:18 L"11� i 1�1 � 1 AL DATE: August 7, 2003 TO: Bill Cook, Director Department of Commumty and Economic Development FROM: Linda Rossignol, Code Compliance Officer RE: 102 Gilbert Dnve/DeLoris E. Boaz Hazardous Vegetation Scheduled for Council 8/19/03 The above-mentioned property has been the subject of an on-going neighborhood complaint for several years. The property is extremely over -grown with vegetation, shrubs, bushes and trees. The owner is an elderly woman. Neighborhood testimony is anticipated at Council Traffic Enginee^ng will also be presenting an Agenda item on the 19th, for a vegetation-clearview violation. Dick Zais has requested the subject property be videotaped for the Council hearing. The following is an abbreviated sequence of events: • 4/17/03 — complaint received; clearview also mentioned, copy forwarded to Kris Betker, Traffic Engineer Tech • 4/22/03 — Site inspection with Kris Betker; photographs taken, met with owner. Mrs. Boaz receptive to clearview clearing, but not abatement of lot vegetation • 4/23/n3 _ Traffic Fug. Mailed Mrs Boaz a courtesy clearview violation notice; deadline the last Friday of May • 5/14/03 — Meeting with Glen Rice, Doug Maples, and Kris Betker regarding property Glenn directs Utility Dept. to re -instate Refuse account, with back amounts; requests I research property ownership (property was in Trust Account with Bank of America • 5/28/03 —1 met with Ron Morrier, V.P at Bank of America; trust was terminated Nov. 2002 • Further research (contact with Paul Larson, atty for bank, and Mike Shinn, atty representing museum confirm both entities have no further interest in the real property • 6/5/03 — Shared property photos with Captain Joe Riel. He agreed the vegetation is a fire hazard • 6/27/03 — Site inspection; updated photographs taken • 7/17/03 — Traffic places clearview issue on Council Agenda for 8/5/03. I mailed a Notice to Remove or Destroy Hazardous Vegetation and/or Debns. Set hearmg for 8/5/03 *TT `£0/LZ/9 •uoprioVan ijUM LIMOJVJOAO `/C1.10daId JO MO!A •OApcf pacipp zo 102 Gilbert Drive. View of property, overgrown with vegetation. 6/27/03, L.R. • A I- 7/ !:. I♦ l' 1 �. • •.i 'l�. • + �*% +' • • •ter •• .. ` .N. i•f ^^ r �� wil w •-.m •tl ,4fr `. • .� '1 ,�r• �ti - - f-'�'AJ •�•• •r 1, , '1 •1 ��•.!1�t. t ' ;•I - '1.- F 1; 7. * 4 • , .. " . L';lM•�{ / • _ + 4+N rLs-jr��'� S " + • ► '• y•'` '=t • gi•• .7.".'' =.• r "tF ' r♦♦♦• �• 11 1. 0•4., 0.• .�� •sir:`v� • • ` Y�:±" l •• js r.�a•. 6. , �.: 's %i�� rte'�r"' j %•... ' r II _ �/• lTil!` 4 1,kir" ♦� •% •.� �� r1Fi•1 �� • f • ,•• 1 J +t'r ,y`•• *417% -? % 1 `'� r�• :, s ' ' ] • •yi..r ••—.11a'• •• . • - 1• • •'•t G''. ` S.c. . rs . �J•.�,�, ... •may t- • °/ 1,��•,a• TIS ,•Tt. .... • ,•i • is``• �`‘ , +. "Gii..y !•J• • A • • • 111 • Or • t.—* r 3 I.•�`,,���• r' . �`�' kyr 1 ` •!!7:11...!7-16'.1t �i%���''ii `j1;. ,,' 1:-:::. ::::"141:),.,, . ,11111,` •. r r `r• .......t"j,i%rY 'l 1 T .•. _ ii%"+' o F,4 YJ f�rl �~ .41;0' 0 iy•.� ' ' : ,+ •••• _ •. �•'a... 102 Gilbert Drive. View of property, overgrown with vegetation. 6/27/03, L.R. 102 Gilbert Drive. View of backyard, overgrown with vegetation. 6/27/03, L.R. •i j.� iall't ;•••:. . • 4. .j�:� _ • err't• r•.^ --4• +•..I'"�`rdW `�`. •n... •_�•• . 4. :• • • '., , ", t.! r . a.•. Ir ' • �, may, '' �,� ,.it ► � "r "• '.14. 4,...A i: • J- �}�1�-'fir ti 1 1 � •.� r� Or.A _4Ap .' PO .4: 1 :#'4.1.4V,.#4;17410.) rt. • r4.... .' •- •" h4J . t� • 'iT• 1 • �4 ' •:•f :* a..rl n .r t- ,1 "w' i�� '�� • 's..4_�'{',,-�,T 1,...a • �l1 r..�� _ �r?rt, . ms's � r•`„`• �'. •�•� .'.. a' .1 �i • 102 Gilbert Drive. View of backyard, overgrown with vegetation. 6/27/03, L.R. 102 Gilbert Drive. View of backyard, overgrown with vegetation. 6/27/03, L.R. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Office of Code Administration • codes@ci.yakima.wa.us 003 Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakiina.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 • Fax (509) 576-6576 NOTICE TO REMOVE OR DESTROY HAZARDOUS VEGETATION ANT)/OR DEBRIS July 23, 2003 L & J Properties LLC 424 Wine Country Road Prosser, WA 99350 White House Cafe Attention: Sherry Jefferson 3602 Kern Road Yakima, WA 98902 -=141-. 1 Dear Property Owner: Subject Addresses: 3602 Kern Road, Yakima, Washington The real properties affected by this Notice and Order is legally described as follows. Assessor Parcel Number: 181315-43472 AF #7011395: Lot 2, Also the East 68.48 feet of Lot 1 of SD Short Plat The purpose of this notice is to inform you of hazardous conditions, which exist now on your properties, located at 3602 Kern Road, Yakima, Washington. The hazardous condition consists of the following: Property is Overgrown with tall, dry grass, weeds and Overgrown vegetation, creating a potential fire hazard; and a menace to the safety and welfare of neighboring properties; and a public nuisance. IN VIEW OF THE FOREGOING YOU ARE REQUIRED TO TAKE THE FOLLOWING ACTION: Cut all grass & weeds to three inehes (3") or less and remove all resulting grass and weed debris from ynnr property; trim or remove all overgrown vegetation, to such a degree as would heal INT-,MwtaP 1994 July 29, 2003 Page 2 provide a deterrent to potential fire, as approved by a City of Yakima fire official, This notice will be presented to the City Council on August 19, 200 3 at CityHall, 1 2n N 2nd Street, for consideration and final resolution. You may personally appear and contest this notice at the meeting. In the event you do not appear and contest this notice or take the action required above; the City Council can pass a resolution authorizing someone else to take the action required above. The estimated cost of taking that action is $ 500.00. The actual cost of the required action, which may be more or less than the estimated cost, will become a lien against your property. In addition, you are further informed that the City will impose a $500.00 penalty against you or your property in the event the City takes action to abate the hazardous condition(s) located on your property and referred to in this notice. If you have any questions concerning this Notice, contact Linda Rossignol, Code Compliance Officer at (509) 575-6258 between the hours of 8:00 a.m. - 4:30 p.m., Monday through Friday. Sincerely, Doug Maples, C.B.O. Code Administration and Planning Manager Enclosures Cc: Joe Riel, Public Education Captain, Fire Department • • 3602 Kern Way, weeds and dry vegetation, , 8/12/03, L.R.. * • Yt'It/r! 14S . • ""*"4',4,..v 4 ••• t'"hor7 ,16111014 . •-• ' •• , Z.: • 4'."4"-v4 4- -(' "i, .,•• t• i 0.4 • I A*• so. " A or • •••• • 64. ••••° * a . . . , • • • . a • • • ••• , . * ' • 7 ....... .' . ' .- -• - -7-,. •,„ ... .. -.., 1..•••,,-• • , . 0 , ;... . . '''... • ID' . . . 9 • .m. , . i ' • . 1.•.,... •••••' ........ ,,.... ...."' ".• -..- ...... : - / . - '... - • IA .4 1111 I - l.i i • • • • • ••• V v. • ••• ••• • a • V 1 ••• • • - • •, • 4; 1.1^1-.--; • - -• , • ., • , •• • .; - • ..; 1 - # • . - • .",. • - • / AA • dd I " " • d • AA AV..- • • .46. e r • Ir. do • *7, .77 • AI A , ...• • . •:` **1';-• • • • A •••: • •L 4. • • • -60•• • • - j A .• • , 4.. 14- - • re.:: 4117 let 44) .1P Mir ...*Pe r site...4, , ..... ... "1.• ; ...!.;147e41, . - __...•„., • 4.40 4, i me.f.24...4”- illio. • ;lIPA..1":-.;-' ..&.... A ' - -....-... . ,. wtit i ...„ , "o• ' , , "•"" • -1'. * „, , e ,-.. , I . '',, I •/.. .; .e..... ....1„,.., ......1 ,..r.,., - V• . ...., 3602 Kern Way, weeds and dry vegetation, (partially mowed), 8/12/03, L.R.. 3602 Kern Way, weeds and dry vegetation, (partially mowed), 8/12/03, L.R.. July 31, 2003 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Office of Code Administration • codes@ci.yakima.wa.us Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakirna.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 • Fax (509) 576-6576 NOTICE TO REMOVE OR DESTROY HA7UARDOITS VEGETATION AND/OR DEBRIS Gerardo & Dora Gonzalez 2060 Almo Avenue Burley, ID 83318-2512 Dear Property Owner: # 6 oe?/o Subject Addresses: 4408 Englewood Avenue, Yakima, Washington The real properties affected by this Notice and Order is legally described as follows. Assessor Parcel Number: 181322-22003 Legal Description: Beg 274.6 feet West of the NE corner of the NE 1A NW 1/4 NW %, thence South 01 Degrees 01 Minutes East 167.9 feet, thence North 89 degrees 33 Minutes East 73 feet, thence North 167.9 feet, thence West 73 feet to Beginning except North 25 feet for road RW The purpose of this notice is to inform you of hazardous conditions, which exist now on your properties, located at 4408 Englewood Avenue, Yakima, Washington. The hazardous condition consists of the following Property is nvergrnwn with tall, dry grass, weeds and overgrown vegetation, creating a potential fire hazard; and a menace to the safety and welfare of neighhnring properties; and a public nnisance. Neig) hers have been mowing the front yard, hot cannot he expected to continue, IN VIEW OF THE FOREGOING YOU ARE REQUIRED TO TAKE THE FOLLOWING ACTION: Cut all gyms & weeds to three inches (3") or less and remove all resulting grass and weed debris from your property; trim or remove all overgrown vegetation, to such a degree as would provide a deterrent to potential fire, as approved by a City of Yakima fire official, Yakima A flc+cn This ounce will be presented to the City Council on August 19, 2003, at City Hall, 129 N 2nd Street, for consideration and final resolution. You may personally appear and contest this notice at the meeting. In the event you do not appear and contest this notice or take the action required above; the City Council can pass a resolution authorizing someone else to take the action required above. The estimated cost of taking that action is $ 500.00. The actual cost of the required action, which may be more or less than the estimated cost, will become a lien against your property. In addition, you are further informed that the City will impose a $500.00 penalty against you or your property in the event the City takes action to abate the hazardous condition(s) located on your property and referred to in this notice. If you have any questions concerning this Notice, contact Linda Rossignol, Code Compliance Officer at (509) 575-6258 between the hours of 8:00 a.m. - 4:30 p.m., Monday through Friday. Sincerely, "1:0,-1631c4INVAitAti... Doug Maples, C.E.O. Code Administration and Planning Manager Enclosures Cc: Joe Riiel, Public Education Captain, Fire Department 4408 Englewood Avenue; dry vegetation. Taken from Englewood, 8/12/03, L.R.. 4408 Englewood Ave. Backyard is dry, tall and weedy. Taken 7/18/03, L.R. 4408 Englewood Ave. Backyard is dry, tall and weedy. Taken 7/18/03, L.R. • 4, - . .. . : " ••4 I. . • • • ' . • II • ...... _ . t •••• . , . my ..:•„1.1.. ' 'I . /- : '''.1. ,.,-..`,) . • r • ''' -. ' ' '•...• : ..• .- Ii4ii•sl: ';'' • . • ', :‘ ' - I. '. 7:. - . . i t .--...'-','• '..;.. • • •••, - , ,,, I . , 1.. . .... - • ..%••• 4 a • V ro• 4 • _ 4.. • 4 ' .. ' 7. re • 4,...%r •••• • • ! • • • , • • , • t , - • ( .. 4 • .. : • It ' 4 . A. , 4 ..., . •-• '••• . : (17 •. ...... ., . • 7.... 't 9' .1. i • , r • i 4 , ' • r ..• .er 4••• 1 : .r • y ' • • • 4 14 • . . • - • • r 4.... ... f . "" I '." " • PT r... A. ' -"". 4* '41. '• ••• . „r - •:--...' . ' . .4, . 41 r . • 4 • * ) it.• '7 . • a .. 4 • • • * .• ••' ..•••• . ' •,* • ".. ' • / J " , • . ....14..., ... . • ••, i . . . .. I.I.:11...... ....• • a. .i . ...:. ... . ,I.• ,s- ..:0044 . • . " ' * . • . • , , • . IP :••'..; ". .* • , !I . •-... to• . * - -1/ Ifl f • ' ' • '...;-• - t...-.... - .... # ,. - '"":" " ''' : '7•. , • • .,•• .. b ..• • • :*"..... 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' ...Ilk. 4' • .•1'-. • k i, • I 1 da ' •.' . • .. : f•01 • * 4408 Englewood Ave. Backyard is dry, tall and weedy. Taken 7/18/03, L.R. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Office of Code Administration • codes@ci.yakima.wa.us Doug Maples, CBO, Code Admin. and Planning Manager • www.ciyakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 • Fax (509) 576-6576 NOTICE TO REMOVE HAZARDOUS DEBRIS July 30, 2003 Diane R. & Steven G -T Paullin 13 E. Washington Avenue Yakima, WA 98903 Occupant 802 E. Russell Lane Yakima, WA 98901 Dear Mr. and Mrs. Paullin: Subject Addresses: 802 E. Russell Lane, Yakima, Washington The real property affected by this Notice is legally described as follows: BEG 30 FT N & 660 FT W OF SE COR NE1/4, TH N 612 FT, TH E 204 FT, TH S 612 FT, TH W 204 FT TO BEG. EX S 306 FT (Assessor's Parcel No. 191331-14023) The purpose of this notice is to inform you of hazardous conditions, which exist now on your property located at 802 Russell Lane, Yakima, Washington. The hazardous condition consists of the following: The property contains 9n excessive accumulation of tires, IN VIEW OF THE FOREGOING YOU ARE REQUIRED TO TAKE THE FOLLOWING ACTION: Remove all tires from the property, This notice will be presented to the City Council on August 19, 2001, at 2pm in City Hall, 129 N. 2nd Street, for consideration and final resolution. You may personally appear and contest this notice at the meeting. In the event you do not appear and contest this notice or take the action required above, the City Council can pass a resolution authorizing someone else Yakima July 30, 2003 n. n rage to take the action required above. The estimated cost of taking that action is $ 25,000.00. The actual cost of the required action, which may be more or less than the estimated cost, will become a lien agate your property,. In addition, you are further informed that the City will impose a $500.00 penalty against you or your property in the event the City takes action to abate the hazardous condition(s) located on your property and referred to in this notice. If you have any questions concerning this Notice, contact Royale Schneider, Code Compliance Officer at (509) 576-6669 between the hours of 8:00 a.m. - 4:30 p.m., Monday through Friday. Sincerely, Doug Maples, C.B.O. Code Administration and Planning Manager City Hall 129 N. 2 Street Yakima, WA 98901 (509) 575-6121 Cc: Kenneth W. Harper, Attorney Roland L, Skala, Attorney 802 Russell Lane, property full of tires; taken above fence, 8/12/03, R.S. 802 Russell Lane, property full of tires; taken above fence, 8/12/03, R.S. R07 Rnccell T.ane Taken 7-25-(Y by RS. • 52119 Ruccell T nne Taken 7-75-01 hv RS • QM RnccP11 T ant. Taken 7-9-111 by RR • To: Chief Dennis Mayo From: DC Brian Schaeffer Date: August 18, 2003 Re: Notes for Council Fire Department Concerns 1. Tire fires, especially those in which a large number of tires are involved, are very difficult to extinguish and produce toxic smoke (EPA deems IDLH) More than 32 toxic gases are produced by tire fires 2. These fires can be dangerous to the health and safety of firefighters and other emergency responders, and to the health and safety of the surrounding community (specifically at suppression hazards, products of combustion, personal protection, fire duration, and site hazards.) 3. This fire would require the attention of the entire department with significant reliance on mutual aid and an off-duty response. The duration of the fire would also call for greater -than - normal demands on the water supply potentially causing that supply to be inadequate. 4. Storage is too close to buildings on the same or adjacent premises, causing fires in the exposed buildings and neighboring businesses 5. Generation of oil and related products where runoff contaminates the surrounding area. A car tire is estimated to produce about two gallons of oil. Tire fire run-off is a significant environmental pollutant that can get into groundwater and contaminate well water. In addition to run-off," Fire Discussion: Even relatively small tire fires can require large community resource commitment. In Lincoln, Nebraska, a fire in a pile of used tires measuring 150 feet by 50 feet by 10 feet high required one-half of the fire department's equipment and personnel to control. The overtime expenditure during this incident reduced the department's ability to provide prevention and education programs for the remainder of the budget year. o Burning embers of scrap rubber may travel considerable distances (1/4 miles or more) and must be controlled. • The cost of management is often far beyond that which the fire department can absorb. Canadian officials estimate the 1990 Hagarsville, Ontario, fire cost $1.5 million to extinguish and caused $3 million in damage. At the height of the ten acre tire fire in Catskill, New York, nearly 1,000 fire fighters and 1,000 support personnel were operating from as far away as 70 miles. • The environmental consequences of major tire fires are significant. Tires burn with a higher per -pound output than coal; the high heat production of tire rubber makes extinguishment difficult. Moreover, tire fires yield large amounts of oil that are both flammable and a threat to the environment. Tire fires become hazardous materials incidents that affect entire communities, often requiring neighborhood evacuations and protracted fire operations, and causing contamination of the air, waterways, and water table. o A tire fire in Rhinehart, Virginia issued a plume of smoke 3,000 feet high and 50 miles long with fallout reported in three states. This fire also threatened the drinking water in the District of Columbia with lead and arsenic contamination. Officials estimated the clean up cost at $1.3 million. o Extreme heat turns rubber into oil, and a standard passenger car tire can generate about two gallons of oil as it burns and liquefies. If half of the burned tires in the Hagarsville, Ontario fire were liquefied in this manner, an estimated 14 million gallons of toxic oil could have been leached into the soil of nearby farmlands (by comparison, the Exxon -Valdez incident spilled 11 million gallons of oil into the sea). Environmental Discussion: As the tire fire grows in intensity, it generates higher temperatures and voluminous amounts of thick, black acrid smoke. The plume (smoke column) may become even denser due to the accumulation of hydrocarbon pools. Rubber has a heating value of 15,000 BTU's per pound, which is similar to petroleum. However, as combustion becomes less complete, the amount of organics emitted tends to increase. This suggests that smoldering tires may present more danger than those fully involved. Studies of tire fires have identified the emission of significant quantities of bezo(a)pyrene, a reported carcinogen, and high emissions of other noxious compounds, particularly benzene (another known carcinogen), with concentrations often exceeding 1 part per million (ppm). Additional discussion of the burn characteristics are presented in The U.S. Environmental Protection Agency examined emissions from simulated open burning of scrap tires. During high burn rates, more than 50 potentially harmful organic compounds can be identified in test burn emissions. Most of the compounds are aliphatically, olefinically or acetylenically substituted aromatics. Cyclic and chained alkanes, alkenes, dienes as well as sulfonated, nitrogenated compounds, thiophene, substituted thiophenes, isocyanobenzene and benzodiazine are also identified. Results of the EPA study show reasonable agreement with compounds were identified in actual plume samples. In general, elevated levels of CO, particulates, carbon, zinc, benzene, toluene, xylene and polyaromatic hydrocarbons are measured. Polynuclear aromatic hydrocarbons may include naphthalene, benzo(a)pyrene, pyrene, crysene, fluorene, anthracene and phenanthrene. Metals in plumes consist primarily of lead, iron and zinc. Photos taken 8/18/03 RUG 15 2003 16:37 FR MENKE JACKSON 15095750351 TO 5766614 P.02i0y MENKE JACKS )N BAR ELOFSON EHLIS & IIARFER, LLY ArtorrifIc M t aw KU7MACH 3VIrl AVENUE , YARIMA, WASHTNCI, 'ON 98902 (009) 575-0315 • PAX: (509) 575-0351 a n1PrinNv F. MENKE ROCKY L. )A(F.S(N c;. SCOTT BEYER August lb, 2003 The Honorable Mayor Mary Place Members of the Yakima City Council City of Yakima 129 North 2nd Street Yakima W A 98901 Re: Pacific Truck Parts T-)Avrn A. ELOPSON KIRK A EHL1$ KFNNFTH W HARPER. Dear Mayor Place and Council Members: Enclosed please find correspondence regarding the above. These are documents that Mr. Skala did not enclose in the materials he provided to _you, but which are necessary to an understanding of this issue. I should also point out that in a telephone conference of this past Thursday, Mr. Skala did not dispute my contention that not one single the has been removed from the subject property. Mr. Skala's repeated assurances that tires would be removed from the site have one unfulfilled. Further, the contract provided by Mr. Skala as Exhibit 13 Ls notably silent on any obligation to remove tires, and contains nu elate by which ether baling or removal will be completed. 1 intend to present testimony of Deputy Fire Chief Brian Schaeffer al the City Council meeting on the 19th of this month regarding the ongoing serious fire rude violation that this matter poses, KENNE h I W. 1 IARPER KWH:sk Enclosure cc w/enol: Ray I'aolella, City Attorney Richard Zais, City Manager Ron Skala, Esq AUG 15 2003 16:37 FR MENKE JACKSON Pacific Truck Parts 13 East Washington Ave Yakfma, WA 98901 Attn: Mr. Steven Paullin 15095750351 TO 5766614 P.03/09 May 28, 2003 I did an inspection of your buRiness in January and at the time I did not notice the tire storage in the back of your lot that fronts on Russell Lane. Yesterday we were driving in the arca and nutic: ad the large pile of tines in the back half of your place of business (the north end). Accessibility from Russell Lane was easy because the fence is in disrepair anti the gate was missing. After gaining Access T was alile to stand on part of the tire pile and look across the lot and see a large amount of tires. I did notice that at some time you bad started compacting the tires +mfo bales. This is an excellent way to prepare the tires for shipping to a recycling facility. T am enclosing a copy of the I lniform Fire Code that addresses tire storage and how to make the area safer for your business and the neighboring businesses. Specifically, the area of tire storage cannot exceed 5000 square feet per pile. This would mean the piles could not be much larger than 70 feet by 70 feet with a clear space of 40 feet between piles. In addition to this the piles must be at least 10 feet from any property line and not exceed 6 feet in height. You need to make arrangements within the next 30 days to remove the hazard- Plcasc call me and tell inc li w you interact to handle this tei_ ori+ mad Sincerely, Charles Ileafh City of Yakima Fire Inspector 575-6039 or cell 961-9954 AUG 15 2083 16:38 FR MENKE JACKSON MT. Charles Ileath May 30, 2003 Page Two 15895758351 TO 5766614 P.04/8 Lct mc Know it we can help. By a copy of. this letter to Terry, 1 wa.11 kccp him advised of the current developments. Vory tr1y yours, Roland L. Skala RLS:tmp Enclosures cc: Mr. Teizy AwsLJ.ii Mr. SLeva, Paullin AUG 15 2003 1b:38 Fk MbNKL JHL.KbUN May 30, 2003 iD3JD(Du3Di IU Drbbbl4 r.LJD,UD �{f�!ant U/lett OfJ av WA & jaw 730. �s# ote. 401 12101;ma ._`he!ata0n, r akt y%n 98,901-2 Mr. Charles Heath Yuak�nu❑ Iiis Ham- vl 4 129 NOLLISecond Street, 2nd Floor V k;ma, WashinyLvn 98901 Re: Pnr;fic Truck PaiLs/SLeve Paullin Dear Mr. T)rsf-h; (5m)24,y-so 16005rs.5?f7 Mr. Paull4n has asked me Lo xetaly to your letter of May 213, 200J. I'm pretty sure. that Otis is one of those situations where one of the County's corms doesn't knots what the other ono is doing. Enclosed please find a copy of a leLter I sent to Torry Austin on February 1 1 , 2002, comp1.i± i rr i err; dbcut the fact that the County's tires arc ati11 1ocrit d nn Pacific: Truck Parts' property in violation of the agreement that: Mr. Rorup had with the County and with Mr. Paullin. it is Ot,lr position that those tires Ibel,vnv Lo Yakima County, and they Should be removed. It ser?ms to me that you are in the best position to rio this. You ha v , a er foiiu ul.e bond, which Can, and should ray for the cot. of this re,r{,:r,l I realize that your letter may be a rwrrn letter, but it is certainly frustrating to hoar the Corsnfy say Lhat. we need to make aL L ace€ments to mo' -o the county's tires. I aL Letuh a letter I received from Brenda Schauers of the Tidvelers dated July 23, 2002. As yon can see, LI►ey are fully away vC their obligation to the County and lo my client. It seuts to me that you are in the pan i I ion to push the right but I.rrri Lo get the Travelers to x'emove thAs f Hres_ RUG 15 2063 16:38 FR MENKE JACKSON 7t�uhlr•r/C.74, �(, !/ and .. �L ct 4, ,,//k' %?.hard . ).„4, k ,Inn, 10, 2003 17075 (7UJDi I U (bboi'+ r . un/ uD .141, d//rrr. of (1LAg & (J4ala .7.9/0(,Lnm,lreru: ✓Lw,irue, CL7 210 Jal�rrxrr, /fn ir�lorr 9890-2780 Mr. Ken Harper McnitC Jackson Boyar rlotson Bhlin & Harper, LLC 807 N, 39th Avenue Yakima, Washington 98902 Re: Pacific Truck ParLa Dear Ken: Jcl�6�nn6 009) 965 1234 fay (509) 991;.7- 7219 As we discussed .Lzz vuL Lelephone converAAtic'rn, my client has fixed the fence and i5 looking around for an inexpensive contracto.c Lv L.duruve the tires. T mnti.nnec3 to you that he was in touch with „ r;fin in Molalla, Oregon, which is currently hdulitty scrap tires from the Yakima nren. Hopefully we'll be able to make errdr!(Jpmrni5 with them to begin removing some of these sc:Lau Liies_ In Llie uteanL roe, T am filing a claim against the County, as we disr_•u.ssed, and w.r 11 keep you posted on our progress. Thnnk ycui ror your time and attention. Very tr ly yours, Roland L. Oka.La RLS:tmp cc: Mr, Steve raullin RE0E1\( D JUN 2 0 2003 iirY J B & E AUG 15 2003 16:36 ht-‹ MENKE .1HLKJUN 1:5U9:.> (L1,5.1_ I U 3 (Dt J.t'+ r . u r' LID MENKE JACKSON BEYER ELOFSON DILLS err HARPER, LLP Attwirtiryv a taw 8n7 NC]RTH isnt AVENUE • YAiGMA, WASHINGTON 98902 (S09) 576.4313 • FAX (509) 578-038i ANTI IONY r. MfNKE J_Il_6.1 L.. JACKSON G. 0' 0T1 BEYER June 24, 2003 Mr, Ronald L. Hkala Weeks & Skala Attorneys at Law 3910 Summitview, Ste 210 Y:lkima WA 98902 Re: Pacific Truck Parts )ear Ron. Thank you for your correspondence of June 19. that the site has been secured. DAVitI A. EWFSON KENNETH W HARPER 1 am sure my client i encouraged It is akr a positive development that your client understands his responsibility to abate the fire codc violation at his property. My client very much looks forward to observing measurable progress being made in terms of hauling the scrap tires from the property. I hope your client succeeds in obtaining ccunpen aLion fur this uiifurtLu1Kte burden. Iii any event, I want to make dear that my client cannot hold its enforcement efforts in abeyance indefinitcly. P'articcularly since we are approaching the hottest months of the year, IL will be necessary for tangible progress to be made on the tire removal in the very near future. Thank yrni again very much for keeping us updated on this matter and for your client's cooperation. KWH:sk cc: Doug Maples, Code Administration r Planning Manager FIE COPY AUG 15 2003 16:38 FR MENKE JACKSON June 26, 2003 15095750351 TO 5766614 P.U8/1f1 rur ;leeks S (-ilala 3,,�91,/0 Cfimrrih,rrm ./(iwuuo, r frar Ph? J(I�irun, KritiTh,r ,98902-2 T80 Mi, Ken Har jD€ Menke JNi k;cJrI Rayer Elofson Ehlis A Harper, 17r, A07 N_ 39th Avenue Yakima,, Washington 98902 Re: Pacific Truck Parti Dear Ken: As I advised you last wuck, the tonne has now been repaired, and my client tells me that a truck should be arriving next week from Molaila Tire of Molalla, dragon, so that he can begin to haul away the tires storcd on his property by Yakima County. we have al.,o filed a claim with the county and will be filing suit in Benton County, as soon as the 60 -day claim period elapses. We have also served The Travelers and named them in that case. At this point, since things are moving along, I suggest that we both defer the cleanup questions to our respective clients, so that they can work that out between themselves, Perhaps you could check with your client to see if that arrangement is agreeable, arid, if so, let me know. I will then advise my client that he can speak with the City directly, so Lh4L Liffey eau muuiLvt L1Le Lite removal pLouess. Thank you .fol. yuut Liure and aLLe!ILluu. yours, Roland L. ,kala RLS : tmp cc: Mr. Steve Pullin R cEittED JUN 2 7 203 Hal 15 2003 1 b : SJ f -k r1E=NKt J HLKbUN 1bkl b ('U)b 1 I U (bbbl4+ MENKE JACKSON BEYER EL.OFS(IN EHT IS fir HARPER, LT P Athanty3 At CAW 807 NORTII 39'M AViNUE • YAK MA, WASHINGTON 98902 (5u)) 575-tr,3i3 a NAA.' (5U9)'b7S-0351 ANTHONY F M XF xuL& L, Ini.r�Uty G. SCOTT DB ER UAV IU A,1 LL*bUN KIRK A. EHLIS KENNr1ti W FA1ttok t Tune 30, 2003 PR.IVILECEDIDE TIA.I. COMMUNICATION Joe Caruso Supervising Code Inspector City of Yakima 129 North Second Street Yakima WA 98901 Re: PacifirTruck .Parts Dear Joe and Royals: Royale Schneider Code Compliance Officer City of Yakima 129 North Second Street Yakima, WA 98901 Enclosed is correspondence i recently received from Hon Skala regarding Pacific Truck Parts. I would ask you to follow-up on this matter to assure that compliance is taking plane At this point, I am optimistic that we array have rogehrd a resanlntinrl of this fairly urgent problem. Pleane call with any questions, KENNETH W. IIARPEE KWH:sk Enclosure ce w/cncl; Doug Maples, Code Administration Msan agar FILE COPY ** TOTAL PAGE.09 ** 7Qier el. , (Tr. tola//L. cfl ..Tond ,��ala Jinark s (rs1rom ✓licjarrl Uurc/rak August 15, 2003 Zis S. Nuala 3910�(J ,nmi1,'iea, ✓l ,enue, Jae 210 Jrrkima, Wraiinefion 98902-2780 John Puccinelli 4102 Donald Drive Yakima, Washington 98908 Clarence C. Barnett 916 S. 17th Avenue Yakima, Washington 98902 Lynn K. Buchanan 115 West "D" Street Yakima, Washington 98902 Larry Mattson 1812 Summitview Avenue Yakima, Washington 98902 Re: Pacific Truck Parts/Steve 802 East Russell Lane To the Members of the Council: Mary Place 5710 Marilane Street Yakima, Washington 98908 Bernard J. Sims 210 Arthur Boulevard Yakima, Washington 98902 Paul George 5305 Meadow Lane Court Yakima, Washington 98908 Paullin telephone (509) 965-1234 .Tas (509) 965-7219 I understand from a letter I received from Doug Maples that the matter of my client's property will be on your agenda for August 19th. As an attorney, I feel it is important that both sides receive all information that will be presented to the council prior to the hearing, so that an adequate response can be made and an informed discussion can occur. I attach as Exhibit 1 a copy of Mr. Maples' letter. My clients own several parcels of property on West Washington, almost adjacent to the railroad tracks. Mr. Paullin operates Pacific Truck Parts at that location, and the property on Russell Lane is just to the north of Pacific Truck Parts. Yakima City Council August 15, 2003 Page Two BACKGROUND In January of 2000, Yakima County contracted with someone named Scott Borup. Mr. Borup was to remove automobile tires from the Yakima County landfill. This agreement is attached as Exhibit 2. Later, on September 5, 2000, the City of Yakima, through its Fire Code Inspector, Nancy Danko, authorized Mr. Borup to place these tires on my client's property at 802 Russell Lane. See Exhibit 3. You will note that this arrangement was entirely between the City of Yakima and Scott Borup's company, "Scott's Enterprises, Inc." This had nothing to do with Mr. Paullin. As you can see from Exhibit 4, Mr. Borup advised the City of Yakima that he had cleared this location with Dan Valoff in the City of Yakima's Planning Department. The City's Planning Department had advised Mr. Borup that this location was exempt from environmental requirements, and apparently approved of the operation that Mr. Borup intended to conduct (see Exhibit 4). Mr. Borup had entered into an agreement with Mr. Paullin to rent the property at Russell Lane for $800 per month (see ExhibrE—FT'" Mr. Borup brought a number of tires to the Russell Lane property, and then simply vanished. We have been attempting to locate him for a long period of time in an effort to get him to remove these tires. Mr. Borup is not paying any rent, and has not paid any rent for quite some time. By February of 2002, Mr. Paullin had retained our firm to represent him in an effort to get the County to remove its tires from his property. As you can see from Exhibit 6, I wrote to Terry Austin after having discussed this matter with him. I won't bore you with all the details relating to our correspondence with the City's bonding company, and so on, but suffice it to say that we have been in constant contact with Yakima County in an effort to get them to remove their tires since prior to my letter to Terry Austin. In May of 2003 we received a letter from Charles Heath, the Yakima Fire Inspector (see Exhibit 7). That prompted us to file a claim for breach of contract and damages with Yakima County as required by law (see Exhibit 8), and a lawsuit in Benton County, which is currently set for trial in July of next year (see Exhibit 9). Yakima City Council August 15, 2003 Page Three Mr. Heath and the City have been kept advised of all of these activities by telephone and by letter. For instance, see Exhibit 10, which is a letter I wrote to Mr. Heath on May 30, 2003. As you can see from Exhibit 11, which is his response to me dated June 10th, he basically indicated that he wanted to see some progress and some security measures. Virtually the next day I communicated our compliance to the City's attorney, Ken Harper. See Exhibit 12. By August 11th, I thought we were in full compliance, as my client had contracted with a tire baling concern to spend at least $10,000 for the removal of these tires. As you can see from Exhibit 13, I communicated that to Mr. Harper in writing, together with photographs of the baling operation which is currently under way on the property. CURRENT STATUS I am now advised by Mr. Harper that this is not enough. He now tells me that there is some concern that tire bales are a fire hazard. The State Department of Ecology disagrees. See Exhibit 14, which is a letter to Northwest Tire Recycling, dated August 8, 2002, where the State Department of Ecology Manager specifically says: We do not believe that baled tires are a fire hazard... Northwest Tire Recycling has also supplied the memorandum dated January 12, 2000, which is marked as Exhibit 15, and refers to a Nebraska Fire Marshall's report finding that baled tires are not a fire hazard. As you can see from Exhibit 16, this conclusion is shared by the University of Arizona and by the State of Colorado. See Exhibit 17. MR. PAULLIN'S SITUATION It is clear that Mr. Paullin has been victimized by Yakima C•u.nty's contractor, Scott Borup. The City of Yakima approved this operation, and now seeks to have the tires removed. 1mi V6AA/ Yakima City Council August 15, 2003 Page Four As a practical matter, it is up to Mr. Paullin to remove these tires, and he is doing so. Hopefully, our litigation in Benton County will result in him being reimbursed, at least to some extent, for the costs associated with the tire removal. He has spent a substantial sum in arranging for the tire balers to mobilize and move to his property and begin their operations. Once the tires are baled, according to the Department of Ecology (Kip Eagles), it will be permissible for them to remain at Mr. Paullin's property for a period of time. I understand from having talked with the operators of the baling operation which is currently under way that they will remove these bales for an additional 12 cents a tire. The approximate cost of baling the tires is 70 cents a tire. So, in the worst case scenario, Mr. Paullin will end up paying about 82 cents a tire to have them removed. We understand that there are about 10,000 tires on the location. Mr. Paullin has explored an alternative, in the form of Malalla Tire Recyclers. They haul the tires away in a semi truck at a cost of approximately 80 cents per tire. Mr. Paullin is hoping that he will actually be able to receive some revenue from the bales of tires when they are sold. These bales have been sold and are in use in Yakima County as fences and in other applications. It is clear that we are moving forward with the tire removal. It is clear that none of this is Mr. Paullin's fault, and it is clear that there is no fire hazard presented by the bales. It makes no sense for the City to interfere in this operation. First, the City would end up spending its own money to do something Mr. Paullin is already paying to have done. Second, the City couldn't mobile a tire baling concern any more quickly than Mr. Paullin could. Third, the City couldn't haul away the tires anymore quickly than Mr. Paullin could. In fact, by the time the City let a contract, offered bids and ran through the red tape associated with a government project, it would result in a substantial delay in solving the problem, which Mr. Paullin is currently solving. LEGAL ARGUMENT As an attorney, I have legal concerns about the City's power and authority under these circumstances. X.ak' _ nt owns the ires. The Department of Ecology, a state agency, has indicated that bales of tires may exist and may not be regulated on this Yakima City Council August 15, 2003 Page Five property. The City of Yakima has already assured Mr. Paullin in the form of its letter to Borup that it is okay to have the bales there, and now perhaps seeks to change its approach. There are federal laws which govern tire recycling, and this whole area may be preempted by federal and state regulations. No doubt we could create years of work for teams of attorneys to straighten out all these issues, when, in fact, Mr. Paullin has undertaken a reasonable approach to quickly solving the problem at no expense to the City, at great expense to himself, and is acting with all reasonable speed. I would invite the City to assist Mr. Paullin in whatever way possible in prosecuting his claims against the County to be reimbursed for removing their tires from his property. I look forward to discussing this at the upcoming meeting. I will deliver a copy of this to Mr. Harper, and to the City Manager, so that everyone knows our position. Very tr, ly yours, Roland L. Skala RLS:tmp Enclosures cc: Dick Zais DEPARTML ' OF COMMUNITY AND ECONOMIC VELOPMENT Office of Code Administration • codes@ci.yakima.wa.us Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 • Fax (509) 576-6576 .7 NOTICE TO REMOVE HAZARDOUS DEBRIS July 30, 2003 Diane R & Steven G -T Paullin 13 E. Washington Avenue Yakima, WA 98903 Occupant 802 E. Russell Lane Yakima, WA 98901 Dear Mr. and Mrs. Paullin: JUL 3 1 2003 ViEt_ 6 & SKAI.A Subject Addresses: 802 E. Russell Lane, Yakima, Washington The real property affected by this Notice is legally described as follows: BEG 30 FTN & 660 FT W OF SE COR NE1/4, TH N 612 FT, THE 204 FT, TH S 612 FT, TH W 204 FT TO BEG. EX S 306 FT (Assessor's Parcel No. 191331-14023) The purpose of this notice is to inform you of hazardous conditions, which exist now on your property located at 802 Russell Lane, Yakima, Washington. The hazardous condition consists of the following: 1• 1 , 1 i► 1 1 . f 1 11 1 1 IN VIEW OF THE FOREGOING YOU ARE REQUIRED TO TAKE 'ME FOLLOWING ACTION: Removes all tires from the property, This notice will be presented to the City Council on August 19, 2001, at 2pm in City Hall, 129 N. 2nd Street, for consideration and final resolution. You may personally appear and contest this notice at the meeting. In the event you do not appear and contest this notice or take the action required above, the City Council can pass a resolution authorizing someone else Yakima July 30, 2003 Page 2 to take the action required above. The estimated cost of taking that action is $ 25,000.00. The actual cost of the required action, which may be more or less than the estimated cost, will become a lien against your property. In addition, you are further informed that the City will impose a $500.00 penalty against you or your property in the event the City takes action to abate the hazardous condition(s) located on your property and referred to in this notice. If you have any questions concerning this Notice, contact Royale Schneider, Code Compliance Officer at (509) 576-6669 between the hours of 8:00 a.m. - 4:30 p.m., Monday through Friday. Sincerely, Doug Maples, C.B.O. Code Administration and Planning Manager City Hall 129 N. 2" `' Street Yakima, WA 98901 (509) 575-6121 Cc: Kenneth W. Harper, Attorney Roland L. Skala, Attorney Title 10 FIRE Chapter 10.05 FIRE CODE 10.05.100 Duty to remove hazardous vegetation and debris --Procedure. A. Duty to Remove Hazardous Vegetation and Debris. The owner of any property within the city of Yakima shall remove from such property or destroy any grass, weeds, shrubs, bushes, trees or vegetation growing, or which has grown and died, thereon, and shall remove all debris therefrom, when such growing or dead grass, weeds, shrubs, bushes, trees or vegetation, or such debris, constitute an existing or potential fire hazard or a menace to public health, safety or welfare as determined by the Yakima city council in accordance with the procedure provided by this section. Provided, in lieu of the foregoing requirement to remove or destroy a hazardous or potentially hazardous condition on parcels of property two acres or larger in size and separated by one hundred fifty feet or more from any structure, it shall constitute compliance with requirements of this section to remove or destroy hazardous or potentially hazardous grass, weeds, shrubs, bushes, trees, vegetation and debris around the perimeter of such a parcel so as to provide and maintain a firebreak in accordance with requirements of the code administration manager or his designee. B. Notice To Remove--Notice--Hearing. Proceedings to require the removal or destruction of any grass, weeds, shrubs, bushes, trees, vegetation or debris or part thereof, as required by subsection A of this section, shall be commenced by a written notice given by the code administration manager, or his designee, to the owner of the property involved, which notice shall be substantially as appears below. NOTICE TO REMOVE OR DESTROY HAZARDOUS VEGETATION AND/OR DEBRIS TO: (name of the property owner) (mailing address of property owner) Regarding: (street address & legal description of subject property): The purpose of this notice is to inform you of a hazardous condition which exists now on your property which location is listed above. The hazardous condition consists of (description of hazardous condition(s) You are required to take the following actions: (describe action to be taken: removal and/or description of hazardous material or construction of fire barriers) This notice will be presented to the City Council on (time and date not less than 15 days from date of this notice) (place of meeting) for consideration and final resolution. You may personally appear and contest this notice at that meeting. In the event you do not appear and contest this notice or take the action required above, the City Council can pass a resolution authorizing someone else to take the action required above. The estimated cost of taking that action is $ . The actual cost of the required action, which may be more or less than the estimated cost, will become a lien against your property. In addition, you are further informed that the City will impose a $500 penalty against you or your property in the event the City takes action to abate the hazardous condition(s) located on your -property and referred to in this notice. Dated: Code Administration Manager City Hall 129 No. 2nd Street Yakima, WA 98901 (509) 575-6121 The code administration manager or his designee shall include a copy of the ordinance codified in this section with the notice. Service of the notice shall be made in person on the owner, or by United States certified mail, return receipt req.._..ced, addressed to the owner at his last k ,.,1 address shown on the assessment roll of the county auditor. In the event the occupant of the premises is someone other than the owner, a copy of such notice shall also be mailed to that occupant at the address of the property involved. C. City Council Action --Public Nuisance. In the event the condition described in a preliminary notice is not corrected by the time set for the hearing, pursuant to the notice in subsection B of this section, the code administration manager or his designee shall report to the city council, on the date specified in the notice, the fact of the giving of the notice and of noncompliance therewith. The report shall include the legal description and street address of the property involved and a description of the condition sought to be corrected with an estimate of the cost of performing that work. On the receipt of such report and after hearing any evidence which the subject property owner may offer, the city council may, by resolution authorize the code administration manager to remove, or cause the removal of, the grass, weeds, shrubs, bushes, trees, vegetation or debris, or part thereof, growing or existing on the property involved. Such action shall not be commenced until seven days after the date on which such resolution is passed. The condition(s) described in such resolution shall be deemed to be a public nuisance subject to abatement according to the method described in this section. in addi-tion, there is imposed a five hundred dollar civil penalty for each such public nuisance in the event the city shall take action to abate it. Such penalty may be imposed on the property subject to abatement as part of the lien authorized by subsection D of this section or it may be collected by a civil penalty action against the owner along with the actual cost of abatement. D. Removal by City—Lien. Upon such removal as authorized by subsection C, the actual cost thereof shall be a charge against the property owner and shall constitute a lien against the property unless such cost is otherwise collected as provided in subsection C of this section. Notice of the lien hereby created shall be substantially in the same form as liens for labor and material under the laws of the state of Washington and shall be filed with the county auditor within the time and shall be foreclosed and enforced in the manner and the time as provided by the laws of the state of Washington pertaining to liens for labor and material. (Ord. 3416 § 1, 1991; Ord. 3236 § 1, 1990: Ord. 2964 § 1, 1986: Ord. 2765 § 1, 1984). AGREEMENT THS AGREEMENT is entered into between Yakima County, Washington, hereinafter the "County", whose address is 128 N. Second St, Yakima, Washington 98901, and Scott M. Borup whose address is Post Office Box 986, Benton City. Washincrton 99320, hereinafter the "Contractor". WITNESSETH: In consideration of the terms and conditions contained herein and the attached specifications for tire reclamation and bid documents, which are made a part of this contract by this reference, the parties hereto agree as follows: 1. The Contractor shall do all work and fumish all materials necessary for perfomiing the work in accordance with and as described in the attached specifications and bid documents. 2. The County agrees to pay for the work as set forth in the bid documents at the time and in the manner and upon the conditions provided. 3: This Agreement contains all terms and conditions agreed upon by the parties. No change or addition to this Agreement shall be valid or binding upon either party unless such change or addition is in writing and executed by both parties. All terms of the attached specifications and bid documents are incorporated herein by this reference, 4. The parties agree that the Contractor is an independent Contractor and not an agent or employee of the County. Agents, employees, servants, or representatives of the Contractor shall not be deemed to be employees, agents, servants, or representatives of the County for any purpose. Employees of the Contractor are not entitled to any benefits the County provides for County employees: 5. The Contractor agrees that it shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) In the event the Contractor violates this provision, the County may terminate this agre.erment immediately and bar the Contractor from performing any services for the County in the future. 6. The ,Contractor shall not assign or subcontract any portion of the contracted activities without obtaining prior written approval from the County. 7. The Countyreserves the right to cancel this Contract upon sixty days written notice sent by certified mail to the address listed above. If the Contractor fails to comply with the terms and conditions of this Agreement, the Cca4inty may FL o u o Ci102 pursue such remedies as are legally available, including, but not limited to, the immediate termination of the Agreement. 8, The Contractor shall indemnify and hold harmless the County, its officers, agents, and employees, from all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands, actions, damages, costs or judgments which result from the activities to be performed by the Contractor, its agents, employees, or subcontractors pursuant to this Agreement, 9. The Contractor shall provide to the County proof of insurance in the amounts required under the bid specifications, Yakima County shall be named as an additional insured on said insurance policies, 10. This agreement shall be governed by the laws of the State of Washington. Any action, suit, or judicial proceeding for the enforcement of this Agreement shall be brought in the Superior Court for the State of Washington in Yakima County, Washington. 11, The term of this Agreement shall be from January 1, 2000 to December 31, 2001, and may be extended from year to year, not to exceed three (3) years, by mutual written consent of the parties. DATED this CONTRACTOR day of Signature Title ozytt- 144 Print Name /ila9 Date S`►. g.ned APPROVED AS TO FORM: Deputy Pros Date: ing Attorney 2000, BOARD OF YAKIMA CO NTY COMMISSIONERS Sep•06 00 03:44f C SEW SATELL I TES 1 r^ 65 0616 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Office of Code Administration 129 North Second Street, 2nd Floor Yakima, Washington 98901 . (509) 575-6126 or 575-4121 • Far (509) 576-6576 Doug Maples, CBO, Code Administration Manager codes@ci.yakima.tva.us SEPTEMBER 5, 2000 SCOTT'S ENI'ERPRIZES INC. 104 W. CORRAL CREEK RD. BENTON CITY, WA 99320 RE: TIRE BALING FACILITY RUSSELL LANE is-oa��-�-`�-- Your application to operate a tire baling facility within the City of Yakima has been reviewed and is approved with the following conditions: 1. Post address at a visible location. 2. Tires shall be restricted to individual piles not exceeding 5,000 square feet of continuous area, or 50,000 cubic feet in volume or 10 feet in height. A clear space of at least 40 feet shall be provided between piles. 3. Tire storage shall not be located within 10 fent of any property line or building and shall not exceed 6 feet in height when within 20 feet of property line. 4. Tire storage shall not be located within 10 feet of West fence line or within 20 feet when exceeding 6 feet in height. 5. Provide tire baler with a minimum size 4A-60BC fire extinguisher, mounted. Feel free to call me at (509) 576-6671 with any questions you may have regarding this project. Thank yo -LAC Nancy Danko Fire Code inspector City of Yakima , D.) FEB t) 5 2002 ',J `LAS & SKALA p.2 PACIFIC TRUCK PARTS 13 E. WASHINGTON AVENUE YAKIMA, WASHINGTON 98903 New and Used - Truck and Jeep Parts iL 1 ) �aoc z2: -JA/ 7?9c -'coi/i o��41 Al �/ 2c) jco 7-S -e-Atr /Co,frs- /A caEz ,(0c) _c)° x}71/ 1-0i 1/ti/VL 0 6 �U "To 5 l/2 ) 11/ G2Fio0A7-ea, /A -7-v-/ enin„ /g-_ -rne i412 1-72;-5 Fzi7p2o/n--J qt5.7_ 0 F.- g-a/7/7L/ ,09x `t/ ig-AH 1--A/Y1/(// 2/22/2/f- D/L S7-01f/v ,/e/72, • 0 2 &t p6(?E'Ff-J roA- 27117 (911.4." o/ J7s & (Sala 3910 (/riururifnirrn Jtirrnue, (fat 210 2aL,na. / -J1i•,7fon .98902-27'80 2, and Ji (L/a iflor,//c .9 r..from Richard �,(/urJrcA February 11, 2002 Mr. Terry Austin Deputy Prosecuting Attorney Yakima County. Courthouse 128 North 2nd Street Yakima, Washington 98901 Re: Pacific Truck Parts/Scott Borup Jr.. rliphone (50.9) .965-1234 .Tar (509)965-7219 Dear Terry: Thank you for providing me with a copy of the various contracts and bids between the County and Scott Borup. Borup has left a large pile of tires on my client's property, and at present is making no effort to remove them. This would appear to be a violation of his contract with the County, which might trigger the obligation under the performance bond which he posted. It might also create a potential claim against the County. As I understand it from speaking with the various licensing agencies, Mr. Borup has never been licensed to maintain a tire pile, or to transport these tires. Since the County has a direct contractual relationship with Borup, it seems to me that you might be in a position to put pressure on him to remove the tires from my client's premises. It is for that reason that I am writing to you. I would be interested in your thoughts and any assistance that you could render. Very tru yours, Roland . Skala RLS:tmp February 11, 2002 —fa 117 0/11.0 E. X of JKes & Cfala 3910//Crimm�ilnietn ✓Thenar. c/lii/e 210 / �a,i•iuru, uxLnvlan .98902-2780 Mr. Terry Austin Deputy Prosecuting Attorney Yakima County. Courthouse 128 North 2nd Street Yakima, Washington 98901 Re: Pacific Truck Parts/Scott Borup teler.. / phone 509) 965-1234 ..Tar 509% 965— 72/9 Dear Terry: Thank you for providing me with a copy of the various contracts and bids between the County and Scott Borup. Borup has left a large pile of tires on my client's property, and at present is making no effort to remove them. This would appear to be a violation of his contract with the County, which might trigger the obligation under the performance bond which he posted. It might also create a potential claim against the County. As I understand it from speaking with the various licensing agencies, Mr. Borup has never been licensed to maintain a tire pile, or to transport these tires. Since the County has a direct contractual relationship with Borup, it seems to me that you might be in a position to put pressure on him to remove the tires from my client's premises. It is for that reason that I am writing to you. I would be interested in your thoughts and any assistance that you could render. Very tru yours, Roland . Skala RLS:tmp Travelers J as Administrator for Reliance Surety 3455 South 344th Way, Suite 200 Aubum, WA 98001 July 23, 2002 Mr. Roland L. Skala Weeks & Skala 3910 — Summitview Ave., Ste 210 Yakima, WA 98902-2780 Re: Our File No. Bond No.: Principal: Obligee: Claimant: Project: Dear Mr. Skala: Brenda E. Schauers Bond Claim Representative Direct Dial: 253.946.7351 Facsimile: 253.946.7156 E -Mail: Brenda.E.Schauers©travelers.com j�1'• . Via 3u - 2 6 2002 \`1EEY.S & SKA! A Reliance Surety Company :W0003100 (03) B2930588 Scott M. Borup Yakima County, Public Works Pacific Truck Parts Tire Reclamation @ Terrace Heights, Cheyne Landfills & Lower Valley Transfer Station In spite of diligent efforts to involve Scott M. Borup with our independent investigation of your claim, it has not as yet responded. However, we do not intend that its failure to respond should diminish or alter any bond liability which Reliance Surety Company may have to Pacific Truck Parts. At this time, we cannot fully evaluate your claim without additional documentation pertaining to the rental agreement with Scott M. Borup. Please forward copies of the Rental Agreement between Pacific Truck Parts and Scott M. Borup, together with any additional information you may have discovered or believe relevant to this claim, and if this matter has been resolved either in whole or in part, please notify us. We appreciate your patience and understanding and continue in our efforts to involve Scott M. Borup in the resolution of this matter. This correspondence and all prior or subsequent communications and/or investigative efforts are made with the express reservation of all rights and defenses which Reliance Surety Company or Scott M. Borup has or may have at law, equity or under the terms and provisions of the bond and contract documents. This reservation includes, without limitation, defenses which may be available under any applicable notice and suit limitation provisions. Subject to this strict and continuing reservation, we look forward to hearing from you. Sincerely, TRAVELERS as Administrator for Reliance Surety Company Brenda E. Schauers BES/bes Scott Borup-W0003 t00-03-CS.doc Sep'•105 00 03:44p _ , VIEW SATELLITES RECEIIVE SEP 0 5 2000 Yakima Co. Solid Waste a Theresa Eturaspe Yakima Solid Waste Yakima, Wa Re: Change in Baling Operations 365 0816 Dear Theresa, I decided to relocate my baling operations from the county 12ndfils to a private baling location at 802 Russell lane, Yakima, WA. I have chosen to do this for the following reasons: 1. Severe weather (both cold and hot) 2. Mud 3. The use of part time employees that will be working evening hours. I have secured a location that has been approved by the City of Yakima Department of Community and Economic Development. As well as approval from the Fire Code Inspector Nancy Danko. The location is a small baling and sorting yard that doesn't even have enough room to store the maximum amount of tires that are allowed by law. What I'm trying to say is, there will not be a major build up of tires as there isn't enough room_ This location was approved by Dan Valoff in City Planning and he declared this location exempt from any environmental requirements. Sinc ly, Sc: Borup Tire Contractor p.1 FEB 0 5 2002 WEEKS & SKALA Sep.OS 00 03:44p t ,JIEW SATELLITES 965 0616 DEPARTMENT OF COMM UNITYAND ECONOMIC DEVELOPMENT Office of Code Administration 129 North Second Street, 2nd Floor Yakima, Washington 98901 . (509) 575-6126 or 575-6121 • Fax (509) 576-6576 Doug Maples, CBO, Code Administration Manager codes@ci.yaldina..wa.us SEPTEMBER 5, 2000 SCOTT'S EN1'ERPRIZES INC. 104 W. CORRAL CREEK RD. BENTON CITY, WA 99320 RE: TIRE BALING FACILITY RUSSELL LANE SOR �c-— Your application to operate a tire baling facility within the City of Yakima has been reviewed and is approved with the following conditions: 1. Post address at a visible location. 2. Tires shall be restricted to individual piles not exceeding 5,000 square feet of continuous area, or 50,000 cubic feet in volume or 10 feet in height. A clear space of al least 40 feet shall be provided between piles. 3. Tire storage shall not be located. within 10 feet of any property line or building and shall not exceed. 6 feet in height when within 20 feet of property line. 4. Tire storage shall not be located within 10 feet of West fence line or within 20 feet when exceeding 6 feet in height. 5 Provide tire baler with a minimum size 4A-60BC fire extinguisher, mounted. Feel free to call me at (509) 576-6671 with any questions you may have regarding this project. Ncy Danko Fire Code Inspector City of Yakima 1R {F. ;t'r FEB 0 5 2002 SKALA 1 p.2 Yakima '111J' 199+ AGREEMENT THIS AGREEMENT is entered into between Yakima County, Washington, hereinafter the "County", whose address is 128 N. Second St, Yakima, Washington 98901, and Scott M. Boruo whose address is Post Office Box 986, Benton City. Washington 99320, hereinafter the "Contractor'. WITNESSETH: In consideration of the terms and conditions contained herein and the attached specifications for tire reclamation and bid documents, which are made a part of this contract by this reference, the parties hereto agree as foliows: 1. The Contractor shall do all work and furnish all materials necessary for performing the work in accordance with and as described in the attached specifications and bid documents. 2. The County agrees to pay for the work as set forth iri the bid documents at the time and in the manner and upon the conditions provided. 3; This Agreement contains all terms and conditions agreed upon by the parties. No change or addition to this Agreement shall be valid or binding upon either party unless such change or addition is in writing and executed by both parties. All terms of the attached specifications and bid documents are incorporated herein by this reference, 4. The parties agree that the Contractor is an independent Contractor and not an agent or employee of the County, Agents, employees, servants, or representatives of the Contractor shall not be deemed to be employees, agents, servants, or representatives of the County for any purpose. Employees of the Contractor are not entitled to any benefits the County provides for County empioyee.s, 5. The Contractor agrees that it shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) In the event the Contractor violates this provision, the County may terminate this agreement immediately and bar the Contractor from performing any services for the County in the future. 6. The Contractor shall not assign or subcontract any portion of the contracted activities without obtaining prior written approval from the County. 7. The Countyreserves the right to cancel this Contract upon sixty days written notice sent by certified mail to the address listed above. If the Contractor fails to comply with the terms and conditions of this Agreement, the Ccklnty may Fico v Z) 202 pursue such remedies as are legally available, including, but not limited to, the immediate termination of the Agreement. 8, The Contractor shall indemnify and hold harmless the County, its officers, agents, and employees, from all liability, Toss or damage, including costs of defense they may suffer as a result of claims, demands, actions, damages, costs or judgments which result from the activities to be performed by the Contractor, its agents, employees, or subcontractors pursuant to this Agreement, 9. The Contractor shall provide to the County proof of insurance in the amounts required under the bid specifications. Yakima County shall be named as an additional insured on said insurance policies. 10. This agreement shall be governed by the laws of the State of Washington. Any action, suit, or judicial proceeding for the enforcement of this Agreement shall be brought in the Superior Court for the State of Washington in Yakima County, Washington. 11, The term of this Agreement shall be from January 1, 2000 to December 31. 2001, and may be extended from year to year, not to exceed three (3) years, 'by mutual written consent of the parties. DATED this CONTRACTOR da ofa01. , 2000. ----y Signature Title r v tPliruf) Print Name ign Date _ -. 2 APPROVED AS TO FORM; ....000114141600 =-c. ;y's0 y � ti 1s BOARD OF YAKIMA CO NTY COMMISSIONERS Deputy Pros ing Attorney Date: 05/29/2003 14:13 5E195748252 PACIFIC TRUCK PARTS n • • • n DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PAGE 01 Qffiee of Code AdinblistratiOn • codestgei.yakinta.wado Doag MapIes, CDO, ci jz.and Amnia% Manager * www.eLyakinta.wmas 129 North Second Street; jnd Floor ,Yakima, Washington. •9890.I :(509) 575-6126 or 575-6121. • Fax (509)576-4576 • May 28, 2003 Pacific Truck Parts 13 East Washington Ave Yakima, WA 98901 Attn.: Mr. Steven Fannin • I did InVectkgt of your buSiness inianuary and at the time 1 did not notice the tire Storage..irahe.back of your lot that, fronts on Russell Lane. Yesterday wc were driving in the. areaandtoticed the large pile of tires iathel%Wk. half of your place of busineqs (the north.end).., Accessibility from Itasselttane was ea..y because the fence is in disrepair itnd the:gate Was missing. After -gaining access I was able to .stand, on pat ofthe tire pile and look across the lot and, see alargetrikolint of tires. .1 did:notice that at some time you had started compacting the tires into*Cs. This is an excellent Way to prepare the tires for shipping to a recycling facility. • Tam:enclosing a copy of the tiniform Fire Code that addresses tire storage and how to make atea safer for your business and the neighboring businesses. Specifically, the arra Of tiMstorage cannot exceed 5000. square feet per trile. This would mean the piles coiki..nothe smuch larger than 70:feet by 70 feet with a clear space of 40 feet between piles,.•Ittaddition to this the piles must.be at least 10 feet from any property line and not eked 6.feet in height. You.neectto make arrangernents.tiVithin the next 30 days to remove the hazard.' Please ir•aniff:e1.1 rife h� -w you *intend to.. /male thisinatter. Charles Heath City of Yakirna Fire Inspector 575-6039 or cell 961-9954 Yakima 05/29/2003 14:13 1947 UNIFORM nt4WeOrti. 5095748252 • 4. Individual skcttrrsti+!c Wane of a size and saparatat from utters, as apart+. 410.3:33.2 Texttile Mid film Materials. Textile and film tnateri- w;. ale shall he treated and' Maintained flame resistant In accordance with nationally rer.-oigrrized 'standaads. See ,Article 94, Stand - ' and 0.2.6. • • 11433.13 Wood, 'Wood rub:trials less than lit inch f6.4 mm) • stontinal 44061as -sial! be treated with a flaama -ret uda ntIng in••accoidance with• i aiionaliy recognized standards. See Article -"I 90..Standatd 0.2.7,. 1186.33.4 Foam pfit 1 earn plastics and mann:ielet contain - 71, itzg.foam plastics shalt be in accordance with the following: 1.. Exhibit booth corral:Metisan shall have a maximum heat-' telease rate of 100 nacos-when tested in accordance with nar- clonally recognited standards. See Article 90, Staniland u.1.16. •2,.,Decorauive nbjeots; including but not incited to.tfzannequins. ds suid.sikna-shillLhave:e/niaximenr_beet-reteasc;rate.of150 kilowatts when tested in accordance with nationally recognized standards. See ArtiClt' 90. Standard u.1.16. EXCEPTION; Pi7ON; When the flgg}°b area of nw,rdls, 4106 al' c;mt- - lar decorative objects nee v es Stas rim 10 percent ofthe floor or wall arta. this regui*arent.*AY be waived by the chief - 3. Theater, motaompichtre and television stage settings. with or without horizontal ptojections and simulated caves or .cavetns shalt have a Maximum heat -release rate of 100 kiowatts when tested in accordance with• nutionatlx recognized r'tAndemda, See • Article 40, Standartiti.1.15. '493.334 Needham*Sidi*. i . Plastic materials other than foam Ades shall bG.fta ttle..teststant or shall be rendersd name resistant t treating with a Hattie-natiuderst costing. a. Treat,- 1103_3_16 Mn�aiatesaaux. alt Ir+eBiestatAt trcatttaetat mentis nse4 to render tnatenals llama resistant shall be retieWed as <<s. often as necessary to maintain the materials' flame resistance in = ' accordance with Section 1193,9.3. 1103,3,4 AtriurAitsniahi a. .. 1103.3.4.1 Poderitx heat. -Potential heat of combustible fur - r:",: triaiiings and decorative materials within atria shall net exceed 9,000 Btu per pouret(20934' jig) when located wain an area that More than 2OEfeet-(6096 tarn) below ceiling -level sprinklers. X1931.3 42 Dat terpdilre materials. Deco -rad -Ye .tPetaartal in' calcic st4ila be nbneorebustibit,`f1iirne: tesistannt or treated with as Hanle re- ttti4ant. - {; 113.33. O t lda s urs • 110335.1. Lo+tation. Outside storage of combustible materials . shall not be Iocated• +'thin 10 fat (3048 mrn) of a Property licca �s ; ••. FX[V101701ai98 I, .'fhc aeparatiost distance is' 4lter'ed to be re- duced to.3 feet (914 mrrt) for storage not exceeding b• 1bet (1829 anal) • in height. Z Tho siersoriiiiarz diamnee is allowed to ba reduced when the chief dont rmiiic tii:at 110 hazard tattle adjourns POKY exit. 11,4342 Stotrag.-betseath butitiiti $ and structures. Com- bustible inAt,rkl shalt nos. ba"stored beneath a building of Strut vr,. tufa- . ,; • 1033.5.3 Storage beneath overhead projeitiot7e tkons � ital s. Combustible nulterials stored or displaayedotitside of build- ; tis that are protected by automatic sprinklers snail mar be stoned Adispiayed under.tinsprinklered eaves, canopies or other projec- t: tz ;. bans or overhangs. PACIFIC TRUCK PARTS r PAGE 02 1103.3.3.1 aig1-1 1103.344 Height. Storage in the open shall not exceed 20 feet (6096 nun) in height. 1103.3.6 Outside storage of tires. 1103.3.6.1 General. Outside tire etorage shall be in accordance with Section 1103.3.6. 1103.326.2 Ihre#videtal piles. MAiAfit. X '.1304 itunlitrbeight. 11.03 6. % eptt berg. • A.ckaur i*.e oa* at 1=4 '40 fee.' (12 f92 4,34110, •bt the eJrar,sp4c-e, s1t cant. 1 'The stet be ld vrithin. iilft laot98 mm): 4.re►•l pliriai i?ir f '�aiot�'t tVil tit ;r; idetktra �.Sjut?��``of.. continuous 1141 lei vol - SECTION 1104 — PARADE FLOATS 1104.1 Decorative Material. Decorative material on parade floats shall be noncombustible or flame retardant 1104.2 Fire Protection. Motorized parade floats and towing ap- paratus shall be provided with a mtndmum 2-A, 1a-B:C-rated portable: fire extinguisher readily accessible to the operator. SECTION 1105 — ASPHALT KETTLES 1105-1 Transporting. Asphalt kettles shall not be transported on a highway, brad or street when the heat source for the kettle is operating. E CIMION: Asphalt kettles in the maxi of patching road sur- fs. 1105.2 Use. Asphalt kettles shall not be used inside or an the roof of a building. 1105.3 Fire Protection. A mittimum 20-B:C-rated portable fire extinguisher shall be located within 30 feet (9144 tam) of each as- phalt kettle when the heart source is operating. A Minimum 20-B1C-rated portable fire extinguisher shall also be located on roofs during asphalt coating operations. 1105.4 Coverts. Asphalt kettles shall be equipped with tightfit- ting covers. 1105.5 toiatino.. Acpita1t kettles shall not be 'located within 21) feet (6096 mm) t)f any combustible material, combustible building surface or building opening. ' 1105.6 Attendant. An attendant—shall be within 100 feet (30 480 mm) of a kettle when the heat source is operating. Ladders or simi- lar obstacles shall not form a part of the route between 'the atten- dant and the kettle. EYc 'rj0N: Thermostatically controlled kettles. SECTION 1106 -- GAS METERS AND PIPING Aboveground gas meters, regulators and piping exposed to vehic- ular damage due to proximity to alleys, dnveways or parking areas shall be protected in an approved roamer SECTION 1107 --- HEAT -PRODUCING APPLIANCES 1107.1 General- Heating appliances shall be itutaned.and main- tained in accordance with their listing and the Building„I Electrical and Mechanical codas. Clearance from combustible material shall 1. 1-43 •J CLAIM FOR BREACH OF CONTRACT AND DAMAGES t 9 g o AM '03 Pursuant to RCW 4.96.020, the claimant PACIFIC TRUCK•PARTS, L.L.C., makes the following claim: 1. Claimant: Pacific Truck Parts, L.L.C. The business address for the last several years has been 13 East Washington Avenue, Yakima, Washington. 2. Circumstances of the Claim: Yakima County, through its various agencies, contracted with Scott Borup. Attached is a copy of the agreement with Mr. Borup. Subsequently, the County inspected and permitted Mr. Borup to move some of its waste from the Yakima landfill to property owned by the claimant. This waste material was tires and related items. Having removed the County's waste to the property owned by the claimant, the County has refused and continues to refuse to remove these tires from claimant's property. The County was negligent in its selection and hiring of Mr. Borup and negligent in its supervision of the activities of its contractor, Mr. Borup. Under State and Federal law, it is the claimant's position that the County must remove its waste material from the claimant's property, or, if this material is removed by the claimant, it is entitled to reimbursement from the County for expenses associated therewith. It is estimated at this time that the cost of removing this waste material will be between $20,000 and $50,000,•if it is not done by County personnel. 1 at SUPERIOR COURT OF THE STATE OF WASHINGTON ' A ge►AND FORS-BENTON AND FRANKLIN COUNIIES 5— 2 —a•-59//1 ) ) ) ) E. KAY STAPLES BENTON COUNTY CLERK JUL M 3 2003 PILED Plaintiff(s) /2/Z/.i __d -‘/2J> Defendant(s) 1. Confirmation of Service Case No. CIVIL CASE SCHEDULE ORDER (ORSCS) L SCHEDULE (Cases filed the week of 06/30/03) 2. Confirmation / Waiver of Status Conference 3. Last Date for Filing: Motions to Change Trial Date; Jury Demand 4. Status Conference (if needed) 5. Plaintiff's Disclosure of Lay and Expert Witnesses 6. Defendant's Disclosure of Lay and Expert Witnesses 7. Disclosure of Plaintiffs Rebuttal Witnesses 8. Disclosure of Defendant's Rebuttal Witnesses 9. Last Date for Filing Statement of Arbitrability 10. Settlement Position Statements filed by all parties 11. Discovery Cutoff (60 days prior to trial) 12. Settlement / Pretrial Conference 13. Last Date for Hearing Dispositive Pretrial Motions 14. Last Date for Filing and Serving Trial Management Report 15. Pretrial Conference 16. Trial Memoranda, Motions In Limine, Jury Instructions 17. Trial Date II. ORDER IT IS ORDERED that all parties comply with the fore i7 DATED this < . day of DUE DATE 08/04/03 09/29/03 11/03/03 11/06/03 12/01/03 02/02/04 03/01/04 04/05/04 04/19/04 04/19/04 05/03/04 05/06/04 05/20/04 06/03/04 06/03/04 06/21/04 07/06/04 NOTICE TO PLAIN 11tH•.. The plaintiff may serve a copy of the Case Schedule Order on the defendant(s) along with the summons and complaint. Otherwise, the plaintiff shall serve the Case Schedule Order on the defendant(s) within ten (10) days after the Latter of: (1) the filing of the summons and complaint or (2) service of the defendant's first response to the complaint, whether that response is a Notice of Appearance, an s eirdr r52LC: 117)� J U L O 8 2003 t'v�c;t„ & ;;IAALA 7 (7J /ier /8. ( z., ✓/b/land�aj/l. tfZala ,.2 ar,� .//I.(.9orxlro„, ✓licnard „Uurc4ak May 30, 2003 jju, Of�cea of LS & (Sala Voile 730aver 2/ 4 02 8.. ��JaLrma ,71venue 2 mina, /L/in ,ion 98901-2760 Mr. Charles Heath Yakima Fire Inspector 129 North Second Street, 2nd Floor Yakima, Washington 98901 Re: Pacific Truck Parts/Steve Paullin Dear Mr. Heath: -72Ane (509)248-5311 ✓as (509)575-5312 Mr. Paullin has asked me to reply to your letter of May 28, 2003. I'm pretty sure that this is one of those situations where one of the County's arms doesn't know what the other one is doing. Enclosed please find a copy of a letter I sent to Terry Austin on February 11, 2002, complaining about the fact that the County's tires are still located on Pacific Truck Parts' property in violation of the agreement that Mr. Borup had with the County and with Mr. Paullin. It is our position that these tires belong to Yakima County, and they should be removed. It seems to me that you are in the best position to do this. You have a performance bond, which can, and should pay for the cost of this removal. I realize that your letter may be a form letter, but it is certainly frustrating to hear the County say that we need to make arrangements to move the County's tires. I attach a letter I received from Brenda Schauers of the Travelers dated July 23, 2002. As you can see, they are fully aware of their obligation to the County and to my client. It seems to me that you are in the position to push the right buttons to get the Travelers to remove these tires. Mr. Charles Heath May 30, 2003 Page Two Let me know if we can help. By a copy of this letter to Terry, I will keep him advised of the current developments. Very truly yours, Roland L. Skala RLS:tmp Enclosures cc: Mr. Terry Austin Mr. Steve Paullin DEPARTME.' OF COMMUNITY AND ECONOMIC ',ELOPMENT Office of Code ..dministration • codes@ci.yakima.wa.us Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 • Fax (509) 576-6576 June 10, 2003 Ronald L. Skala, Esq. Weeks & Skala Suite 730, The Tower 402 E. Yakima Avenue Yakima, WA 98901 Re: Pacific Truck Parts / Steve Paullin Dear Mr. Skala: JUN 1 2 2003 WEEKS & SKALA Please be advised that your letter of May 30, 2003, in response to the May 28, 2003 letter of Charles Heath, City of Yakima Fire Inspector, does not propose a workable solution to this problem. More specifically, your letter appears to confuse the City of Yakima's concern regarding your client's potential fire code violations with Yakima County's status as a contractor with Mr. Scott Borup. Regardless of the contractual relationship between Mr. Borup and Yakima County, and regardless of the relationship between Mr. Borup and your client, the City of Yakima cannot allow the tires to remain stored on your client's property in a manner violative of the Fire Code for an indefinite period of time. Pursuant to Yakima Municipal Code Section 10.05.100, and other provisions of the Yakima Municipal Code, including the Fire Code, the City of Yakima will be obligated to take enforcement actions if the fire hazard is not voluntarily abated. I trust you understand the City's concerns, particularly as we enter the upcoming summer months. Our anxiety is compounded by the fact that there no longer appears to be adequate site screening blocking access to the tire pile by vagrants, children, and others. It would be our view that securing the site for such public entry would be a constructive first step in ameliorating this problem. Yakima µAmrtfr�pry 1111! 1994 I would ask that you please give us an indication of your client's intentions within seven (7) days of the date of this letter. If you would prefer, you may certainly take this matter up with our legal counsel, Ken Harper of Menke, Jackson, Beyer, Elofson, Ehlis & Harper, LLP. Mr. Harper may be reached at 509/575-0313. Very truly yours, Joseph Caruso Supervising Code Inspector Mier /6 717 (ee.4„ AAola//nd aG.Viala ✓7(ar.l ✓l. Jarsfro,n 2ic/earr! 0u4ak June 19, 2003 J,u, 0/lces 0/ ZS &. Vkala 399nw10 (finrrnii7h'iera , ,enue, Jude 210 Jinra, fJi idtbrijion .84902-2780 Mr. Ken Harper Menke Jackson Beyer Elofson Ehlis & Harper, LLC 807 N. 39th Avenue Yakima, Washington 98902 Re: Pacific Truck Parts Dear Ken: Jelepirone 509% 9j6'5 1234 .Tar (509) 965-7219 As we discussed in our telephone conversation, my client has fixed the fence and is looking around for an inexpensive contractor to remove the tires. i mentioned to you that he was in touch with a firm in Molalla, Oregon, which is currently hauling scrap tires from the Yakima area. Hopefully we'll be able to make arrangements with them to begin removing some of these scrap tires. In the meantime, I am filing a claim against the County, as we discussed, and we'll keep you posted on our progress. Thank you for your time and attention. Very truly yours, Roland L. Skala RLS:tmp cc: Mr. Steve Paullin August 11, 2003 �eks & aala 3910 (J,imnariren venue, Ueiife 210 2 1/a41mn. 7,;,,/on 98902-2780 Mr. Ken Harper Menke Jackson Beyer Elofson Ehlis & Harper, LLC 807 N. 39th Avenue Yakima, Washington 98902 Re: Pacific Truck Parts v. Yakima County, Borup and Reliance Surety Company Benton County Cause No. 03-2-01394-1 Dear Ken: ✓elephone (509) 965-1234 .Tas (509) 965-7219 We have now commenced removal of the tires in question. As you can see from the attached photograph, baling operations are currently under way. I also enclose, for your information, a copy of the agreement which Pacific Truck Parts has entered into with Northwest Tire Recycling Products. As I understand it, this should result in the removal of about 14,000 tires, which hopefully will be most, if not all of the tires that are currently located on the premises. It is my understanding from our previous conversations that we will now be taken off the City Council docket for the 19th.! I would like confirmation of that in writing, so that I can assure my client that we do not need to attend. If you would like to discuss the matter further, or if you have any questions, please don't hesitate to write or call. Very truly yours, Roland L. Skala RLS:tmp Enclosures • • • • Photos taken 8/11/03 • AGREEMENT This agreement entered into this ( // )day of (/il ), ( ) by and between (2t e T'tt 19hr7L5 ), ( hereinafter called the " 4, T= .f? . ") e&±i y And Northwest Tire Recycling Products LLC.( hereinafter called N. W. T. R. P. ) 1. GENERAL DESCRIPTION OF WORK N.W.T.R.P. shall furnish all services, labor and related equipment necessary to conduct and complete the work as designated elsewhere in this agreement. 2. SCOPE OF WORK - N.W.T.R.P, shall provide tire -ti posaI services for ( P. N.W.T.R.P. �1I up to /y-ta -from ?. T . iAtAfLe_ 3. GENERAL REOUIR MENTS N.W.T.R.P. shall maintain a permit issued by Benton- Franklin County District Health Department. As well as Waste Storage and Hauling license from the State of Washington. N.W.T.R.P. shall also maintain a bond of registered tire storage site owner to the Department of Ecology the State of Washington. N.W.T.R.P. shall maintain workmen's compensation insurance, general liability , and automobile liability insurance. 4. TIME FOR BEGINNING AND COMPLETION This agreement shall become effective the ( ) day of G'uti,LfAtt ), ( z 3 )and continue for a period of one year. It will be automatically extended unless either party notifies the other to the contrary in writing thirty (30) days in advance of the renewal date. 5. PAYMENT ��� N.W.T.R.P. shall be paid a sum of jev"-e- 5eVR-v1 4-(-) do 11& rs 00 ) per pelae7 by to complete the servic s rendered under the agreem nt`. e,��jj . Invoices shall be pair 30 days of receipt. dor ($ r`] O ) per tire or 6. DISPUTE RESOLUTION The parties agree to negotiate in good faith for a period of thirty (30)days from the date of notice of all disputes between them prior to exercising their rights under this agreement, or under law. 7. VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the parties agree that any legal action shall be heard only in the Superior Court of the State of Washington, Benton County. The parties hereto agree that all questions shall be resolved by application of Washington law. 8. ATTORNEY'S FEES AND COSTS Attorney's fees and costs which are reasonable, including those on appeal, Shall be recovered by the prevailing party in any court action arising under this agreement. Northwest Tire R.�tcycling Products LLC 1� Date rf- /2Z- 71i12TS County or � ompany Title r Date kJ/ 2%V 7- //4 ••• 366.866.8538 9•889 Curie Boulevard o Richland, WA 99352 Attachment to signed contract Dated between Pacific Truck Parts and - :•• ,,, Northwest Tire Recycling Products LLC. Pacific Truck Parts agrees to store Manufactured Enviro-BlookS till the blocks are sold or not to exceed more than one year. If the Blocks are sold--,--- 4- - within ayear-Northwest Tire Recycling products LLC agrees to remove blocks from PacifiC ..' ...,,_. • „.i .. Truck Parts property and pay half of Profit from each block $12.50 to Pacific Truck Parts' for storage.If Block are not sold within a year Northwest Tire recycling Products will remove the . . blocks from Pacific Trucks property and no storage fee will be collected. This agreement is in--: -4 • , ..,. coordination WitEtire pile cleanup contract for tire's located 13 east Washington commonly .1 :..:,._......:,. .. known as Pacific Truck Parts property . .. ,. Owner Pacific Trucks Parts President Of Northwest Tire - , Recycling Products LLC , • Date ,-.•„.....- c 08/14/2003 15:15 5095748252 1. • Z- • PACIFIC TP1.iCK PAP,TS r.:V2 Pm VIORT441...ie'stt RKRECYCL 2-6-5094•S71-6-1478. t;TATI Of WASHNGTON DEPARTMENT OF ECOLOGY P.O. BO* 47600 • Olympia, Wasiti4s1arr 98504-7600 (360) d074000 • FAD Only (Heating bripaired) (360) 407.6006 Atiost. 2092 Stieli•OYIkitin.kins, President • NO0WeStiTire Recycling PrOducts gichland,'WA 99352 Deatf' 3t 4 Spokesman Rivic.cv ,i-ttele.contained misleading information implying that your coinp,ahy.avolds regulittiOns by bating tires This is clearly not a fair assessment .fiA"Oft.'f'$.0SOnally visited your and having seen records of your licenSeS to haul and Pain. convinced that you'ai7e managing zi fully compliant recyclirtg operation. appfaud'yOtir efforts to findliigherenduses for this large waste stream in Washington rtmairissconvineedthat tire bales have legitimate use in varied •apOicittionS. We do not believe ihat haled tires are a fire hazard, though certainly they ittliurn". if set on fire Any'lire hazard should be Minimized by keeping bales separate fy.ohniroptles or chip ptle4 PAGE 03 ereL • cot..00'1;p.,:tephenson, manag •SOitt'Waol! and Financiat Aslistance Program P - 02 Report on Research I Scrap Tirr. REPORT ON RESEARCH Flipback to the Report on Research main page ► AGRICULTURE AND BIOSYSTEMS ENGINEERING Building Tires One UA Researchers Has High Hopes for Scrap Tires by David Barber Adjunct Professor Emeritus Stuart Hoenig, of the University of Arizona's department of agriculture and biosystems engineering, thinks he's on to the next wave in construction materials: scrap tires, especially for building houses. Actually, Professor Hoenig is known for carrying on a number of projects at once. One current project is a system for electrostatically taking water vapor out the air not really an Arizona problem, but one farmers in other parts of the country deal with daily. "For example the Midwest where they try to get two crops of hay," notes Hoenig. "The second crop gets rained on and you can't do anything with wet hay. This is a system that essentially dries out that hay." Hoenig notes that the same system is being used commercially by the U.S. Department of Agriculture. USDA developed a similar system for cleaning the air of dust and killing bacteria in chicken coops. The successful system is now sold by a private company. • Page 1 of 3 0 THE UNIVERSITY OF ARIZONA UANEWS.ORG Stuart Hoenig, Professor Emeritus, department of agriculture and biosystems engineering. Hoenig has been at the University for 29 years. While he retired 6 years ago, he stays on as an adjunct to pursue research, though he no longer teaches. He received his doctorate from University of California -Berkeley in 1961, after receiving his bachelors degree at the University of Michigan. He received a number of offers but he and his wife did not want to stay in California. Though there were some bett salary offers, they choose Arizona for the climate and the University's reputation. Of the projects he is pursuing, he is most passionate about the varied uses of scrap tires, even for landscaping. The UA currently is monitoring one of his demonstration projects on campus. "You split the tire like a bagel, then you roll the grass back; put the tires down; fill them with dirt and roll the grass back," explains Hoenig. national expert in the use of scrap tires. "It uses about 50 percent of the water and the grass Looks great" iiThere are some 500 -million, used tires stockpiled in the United States, with a growth rate of the material equal to about 250 million per yea posing both a fire and environmental hazard. When they are placed in landfills, they tend to rise, prompting 33 states to ban their landfill placement all together. Because the expected life of used tires is some 20 years, they have become an economical substitute for traditional In fact, the University of Arizona is acting as an agent for a California colleague who has patented this use of split tires to save water. As another alternative to scrap tire disposal, the UA and other universities have been studying engineering applications for these scrap tires that would offer both cheap construction options and an environmental solution to a growing problem http://uanews.opi.arizona.edu/ror/summer02/tires.html 8/14/03 Report on Research I Scrap Tires Page L of .5 construction materials. In 2000, the nation used 32 million scrap tires (the amount generated annually in California alone) in civil engineering projects, up by 28 percent from 1999 and making it the largest end-use for scrap tires in the nation, second only to fuel. In Pima County, some 700,000 scrap tires find their way to landfills each year. Currently nine states including Arizona allow the use of whole tires for the construction of dams, erosion control, houses (New Mexico is currently the leader in that), fencing, rifle range bullet stops, bridge supports, terracing, playgrounds, and grain storage structures. Another use is as bedding for livestock corrals. The University of Southern California at San Luis Obispo has built a huge system of livestock bedding. The bedding, made-up of tire bales, allows the liquid from water and urine to drain, keeping the animals drier and preventing foot diseases. Though the UA's Agriculture farm at Roger Road isn't "officially" using the technique, Hoenig is trying to get the funds to pursue such a project. Another use being pursued by the Center for Integrated Waste Management at the State University of New York (SUNY) at Buffalo is usin scrap tires as a replacement for stone in septic tanks, a use that is on the rise. What the scrap tire advocates like Hoenig are hoping for is that home builders and subcontractors become more aware of the variety of applications scrap tires can be used for in home building. "The big thing is house construction, the installation is fantastic," says Hoenig. He feels that building inexpensive homes with tires would 'c great for poorer areas, particularly since the tires are free and construction doesn't take any special skills. "For example, Cochise County has an enormous pile of tires and they can't afford to haul them to Phoenix to get chopped up, so they're jus sitting there," says Hoenig. While chipped tires used in road construction and tire -derived fuel (TDF) are currently the best-known uses of scrap tires, it's the use of whole tires that has drawn Hoenig's interest. Whole tires can be "baled." There are a number of companies all over the USA that bale tires, with five in New Mexico alone. The highly portable baling equipment typically costs $100,000. Hoenig notes that there's one company tha bales in New Mexico that actually produces a square final product, ideal for building. The baled tires are used for tire wall construction for dams, fences and houses where they are stacked, rammed with earth, and covered wit stucco. Like rammed earth and straw bale, baled tire houses are well insulated and resistant to fire and insects. Though the center for scrap tire home construction is New Mexico, Hoenig hopes it will catch on in Arizona, despite restraints put on it by the state. "The state has some very archaic provisions," says Hoenig. "For example, you can't build a tire house in Tucson the way you can in New Mexico. You have to get special permission." That permission comes from the Arizona Department of Environmental Quality, the same agency Hoenig had to approach to build a scrap tire dam. He said they were very accommodating. In the southwest, typical wash and feeder arroyos frequently drop 10 feet per year due to erosion, and tires are being used to alleviate the problem and slow the flow of rushing water in the form retaining walls. In fact, dams constructed with baled tires cost 60 percent Less than concrete darn. Hoenig, and his University colleagues, are responsible for a tire bale erosion control structure at the King's Anvil Ranch 10 miles west of Tucson. Construction was supported by the Goodyear Tire Company and Phelps Dodge. They stacked and tied together the tires with half- inch plastic straps, filled them with gravel and covered them with chain-link mesh. Interestingly, the 1,200 tires were free and Pima County probationers supplied the free labor. The project was monitored by the Arizona Department of Environmental Quality. The 30 -foot -long, 6 -foot -high tire dam cost $6,500 to design, estimated to be about $63,000 less the http://uanews.opi.arizona.edu/ror/summer02/tires.html 8/14/03 Report on Research I Scrap Tires Page 3 of 3 a comparable concrete dam. The dam has stopped has stopped sand some 5 feet deep and 30 feet wide from being lost into the arroyo. "The ranchers were very dubious of it at the time," notes Hoenig. "But now it's four years later and it has withstood two floods. Now they' convinced?' Arizona and eight other states allow construction of gomes, fencing, bridges and eroison control dams such as this one near Tucson. So convinced area ranchers are screaming for more dams. "They'd all like to have tire dams because they're cheap and they work well," says Hoenig. "Right now, we're trying to get some money to build more tire dams." As if he doesn't have enough projects going, he's recently received an request for a proposal from Pima County for a 100,000 -gallon Anaerobic Digester to break down organics in the county's growing garbage dumps. He's planning on using scrap tires line the site. Around the country other scrap tire construction projects abound: The U.S. Department of Interior has used whole tires for 20 years at the Salton Sea for erosion and dams. In New Mexico, a 4,400 -foot section of Lake Carlsbad was stabilized against erosion with tire bales. In this case the bales were covered with a thin layer o concrete for visual purposes. Twenty-five foot -high damn in Arkansas using more than 50,000 tires. California used 860,000 tires to fill in a freeway embankment of a $30 -million interchange reconstruction, due to be completed in 2004. In Maryland, scrap tires have been used for playground structures and ground cover in seven state parks. R F ipback to the Report on Research main page Feedback on this article may be sent to Dennis St. Germaine, editor. O 2002 Arizona Board of Regents *except where indicated http://uanews.opi.arizona.edu/ror/surnnier02/tires.html 8/14/03 i• • • 08/14/2003 15:15 4-2003 02.43Z P 5095748252 PACIFIC TRUCK PARTS NQRTHWESTTIRERECYCLING PAGE 04 1+5094.371+1476 P.01 s,•;•:'? • I. ,..NORTHWEST TIRE RECYCLING PRODUCTS, INC. 880 .urie Bouievard :Richland, Washington 99352 866-886-8588 509-371-1475 . ' . , , • T rrori: NovthwQut Ttro Products!' '---•-----*--"45.3.Cj!:,t.,r2-e'_---"T/X?C•dI_et.?. _. 4E5.14.0, r,4----• ---- ---,. --•••-- • .;4'1.-Uo 1 (NIti .11; Off:1 , IlicniAnd, WA , --- Ti: Mt . . — .--..--- ,b•Y .......*••• 0..0••• IMII. • *0... ' "VIt..-il.ft' F,AA fl...f.: '10'4-371-104 ' I • ^41.11(, it1.4dirle.1 ) eri.1 j Reply ASAP Li Please comment .• Please re.vbeNd For your Informa03n eiDec-S if -717 ce}7- 7o - // 0.8?14/2003 1:15..5095748252 PACIFIC TRUCK PARTS NORTHWEsTtiRERCYCLXNu PAGE 05 14.50-504.4.147s - --P -7-113" 2 Zy. 5:44 orjsikarylas 2000 U.Pnialfint.litatiPPISIII,LitARLtitiiiittYAWhitiJiliattmontai 20•17#1•44ilatic ToxiceieliY.Ottocrap Automobile Tires NtOt1990/updated 1999 viirritten.by gcott Abernathy the Envkovirnent, London Office. t0-00111,14 Nebraska iFirli Chiefs Report Dec 15, 11195 Scott 'Cordes, Deputy:State Fire Marshall c)..N#0:900Falls Fire Department's Report Jan 15, 2000 (pandintupdate) a- TeWeOlogy Report'4. The fire* from the 3.year old tire trench sitli.temied to be less toxic in Mowing water than the tires froM .the .1,5.,jrifiri' old Lakia Erie artificial reef_ -paikk.22*.Overall the. evidence suggests that tires in Ontario waters;orrak' unlikely recommit acute lethality to trout and other aquilitiC 1If prImarllysbitosise relatively low rates of water 'Yaw can:ProOlde aufficientrillutiOn to prevent the effect. n ,th#:decrease in the rate of chemical release during each tire stibmersien period in the flow through tests was probably due •to*aOnktinuous preicwos of leaching that depleted the tires of • cbetolool substances. b NelOilaka Fire Mai Report - / fait the tire bales b,iitsti*A.,1*krolvivel 1., ireo-very ossify, however that flr Was , extinguished with Fisti. sliff&ulty by fire department water •: 9m their pannireetrUck. 111, 77.0i'sraCOntlary fires,were much more difficult to start using **tablet propane tido-riches. Once ignited the tires began to bum •Sin,illarly to the original fire. Ory powder fire extinguishers 0**,0'0 the firs rptiekly knocked down the main Wanta., 111"OVOrail4lt is my opinion that the tire bale is Nor an easy tersni,t feeirandalism type fines. As bliapra rim tem is coMpictc, Oicrc veill.bc a summary updatc as vic11... Tom Domotikos 08/14/2003 15;15 5095748252 PACIFIC TRUCK PARTS ^ 104,-- 2 ef $' O4 PPI 11OPTHulES TT :gREkECYCL. X NC 4-5094-Z71+1476 .• PAGE 06 1 P.03 'CTRALRE.CYCLING SERVICES TIRE ANO RUBBER RECYCLINC3 4835 Kent Ave. Niagara Faits Ontari4,: UR .115 To in4torts On hos .,1 903-371-0181 Fax 90-371-1237 Anthony DoLasorrl Ilre.Burn test January- 1, 2000 Location:'WIlloughby Volunteer Fire Halt, Sodom Road Chippewa Preset+, aarrtey Ruddell - Assistant Fire Chief •Otty Rogers - Assistant Fire Chief Members of the Willoughby Volunteer Fire Department The teat : that.oeturred Saturday morning at the fire hall consisted of three different sceriariOS-and.two different typesof tire fires. The first fire was tested on the "baled" Envir0.431041c. Straw was placed ..tinderlicath and around the bale simulating a grass fire : .Approximately 1 lire of gasoline was placed around the perimeter of the straw which4irrourided the bale. This straw was then set a blaze and allowed to burn for a period Of five. minutes. The outside of the bale seemed to catch fire quickly, however tht0 fire-A4daSiiy extinguished with.plain water and one hose. It took about 1 minute 45 s eeti Ode; to tlitinguish. TheseOntibiirrt was done to alonse tire pile ofabout a dozen scrap tires laid on i bed of Straw With a: lOoso straw surrounding the pile to also simulate a grass fire situation. Once! lit„thilires caught fire very quickly and started to bumat.very high temperatures. Obi** could tell. this from the thick black smoke (meaning the tires were melting) and: the height ofthe flames. This Onlyburned for three nsinntes. It got so big that the itch,i4f4etided it would be..a. good tittle to. extinguish.lt befbre it got out *flood. Thet burn lasted for only three minute and It took the fireman seven and a half minutes to extinguiSh Metal:um. The pile.then had to be separated with a polo hook and doused inside Wrnike sure it was completely out. Thethi0.-sOnerio was tested on thetire "bale" again; meant to sinuslate an ARSON ATTOOT: .Appooximately 3 litre*of gasoline was poured on top of the bale axed allow4.,tosnakinto the centre -of:the bale. Two minutes later the bale was set on ere by threWiTigsrkliandfid of burning:strew medic top of the bale. The fuel caught fire irmtrie*td.ibut the bale only hulled where the ftiet had spilled on it. The farm underneatteiStarted on fire that IkaS,leStover from the Is !nun as it was now soaked with! *Aiw'SelOorids after the ignitionafthe Homo thara Was * arrlen oxplolion inside the bat***dthisviits hoard a ourniteeOftirrie over tho next ieken minutes ofburn dniTha .0014/2009 14:15 5095748252 .,.. -i14-26e, 0*.71e OM NORTHWESTTREPEYCLING 1-1.. '044'71+14(6 PACIFIC TRUCK PARTS PAGE 07 • bale did NOT stern to get engulfed in flames or become fiUy involvxi, only to a point - where there was a small flame and a bit of smouldering smoke. After the eight mime mark thilpftronan again set to work to *xtinguiah the fire. It was put out in less than two. minutes; .,` otirs_4140241 The tirebalesseem to NOT catch fire as a whole vary easily as a loose tire would. The outside Of the bale got charred abit and the bindings did NOT fail. The bale was picked up by a flatbed, taw truck two hours after the bum test and was dragged up the bed using a chain, en, the_Wire bale. Even after the temperatures it endured, the wires still held fast. The Looe tire* were burnt to a point of cords were showing through and the sidewafts were alrhost non existent on many of the dozen tires. in my opinion the loose tires (numboing about.* dozen) made a much bigger and more profound flame and higher temperatt,of, than the baled tires did. ../eisgutrixitttmtigmjaingdotisest m,,,r0Ature:that was mixed at the pumper truck, which is used specifically for tire fires. The baled tires were doused only with straight water at my request. 1 believethat baling Scrap tires and stacking them in rows for storage. with adequate spacer the rows, will eliminate another Hagersville The Fire Disaster. Arson will be. Oficult to ignite these bales also reducing the problem. I would like to see the Ministry'ef the Attorney Generals Office ( the Fire Marshal of Ontario) make guidelines an what:they-believe would be adequate spacing of the rows and heights of these tire bales for storage Inu'POSeS. Our cotnpany will continue to look for alternative projects for bale applications for the future. Tom •I 0@8/14/2003 1545 5095748252 7121c4 'k• no,ri...Lt_itr-r. tZ,1=1::+=e•,,e•I 1 '4 rt PACIFIC TRUCK PARTS •• .. 7S -7 1 -I- t PAGE 08 ••• ilttftk,41innlateti-Grass fire Test or Enviro-B ale 940 b",°*:4014.11111000 V,1411 TWO StitUltior s., Pirit'k4iiitiknAted.to burn Lbr live minist.tis. It took only 1 '4 roinebz to extinguish. 08114/2083 15: 15 5095748252 —-20.3 0 PACIFIC TRUCK PARTS NRTHt4E$TTIREECVL1P4C: PAGE 09 • :7 y m:e.• 5,A ; A' 08/14/2003 15;15 5095748252 PACIFIC TRUCK PARTS PAGE 10 .NoRTHWESTt REPCYCL. X HG 1÷51,394-71.1.476 P.07 Fire Te!t At:go* til,' tint lit mid enitiiiteit i* lets than a minute. Bottom tight picture is titter one minute thfitintenotist. The Ore w. only aitkOtred to bum for tierce 'minutes and because it was goon* otot 01 Onitigtheliiimien began to.extioisteisb it 'Me bitrite took over tUnlve minutes to Audition* properly. yire fortoulatcd far tiroft, voiti Wed on ttnt loorsc Mtn POrPOIW aF'd ponipi‘r troOnly. mispiti hiontor wo* Osoti on th.litesioti are. 35 $-qk • •:49* :$161Fail bow osissilitsiss is siessfli arscia tsrvioxiiiss,04soismar c.,.q$04111Pcflibidi ajimirsirs; or MUM WON* 41111litt hilor 111001 IstrIbmosig. Olottsw err MS* .'w:406001001,01Asibssit illsebrill140.1001001110111111101 mive Alia &rise Wile isodr. Fartisoup Skis sow pia Of *atm carilkil listee pi is gall jposb die mum r4. • • 3* , 08/14./ 2003 15415 5095748252 4-01:17. rb rto 27 1-w E rk ER y PACTFIC TRUCK PARTS • •-•• - I • • vat .1: 1 v.. PAGE 11 - 'rivals-WM al Mar til5i... btill unoroKen and able tosItake Stress of one ton pressure. Bale was also lifted ten feet blrforklifit and dropped. There was no damage to the bale! It a e ac the pde for storage. v 11 owcart see the comparison of regular tires to the burnt bale...it didn't get damaged by the flames as the loose tires did... *4 • . kt*' ... 37 08/14/2003 15:15 5095748252 r:r • A —4;14-20'eict' 0:21-34 PM ige-'10 F:1/2114 icdr 4,4' iF .e.I.M. 4•cf!, ?",,...f. 11.A.'1." ..•." ..,Z.' ili.. ".F.,?.;. 200Q ', ' : ! ':-• ,DOMOnkot Recycling 7,,i?, : ,..t•,, P.01s, ON 142H 1J5 .,,...p.... . ,,,, ,.. -, ., ' • 1)orrionkos; F,;•,..-', ,,,- ..:4., .?.,1 f• PACIFIC TRUCK PARTS NORTHitiEZT:t I F.:EcYCLINIG vustlialltinay 8.4014001110spartmesit. Fire aervicia 5809 Morrison steeis Niagara "Pislik ON - LiE 2E8 wee site: wvow.city.miagarafalcon,ca Tel(005) 3let-1321 (9051•34343235 E-mail: CesitWocay.niagarafans.ae,co .• PAGE 12 • 14.509-4-371+ 476 Vio 09 Pets" Comoid Firi qhw •IS, 2600, you asked us' to partieipate in a demonstration of the fire resistance of your • I. -1.3)ock&" We conducted these test burns at. Niagara Falls Station N .5. The following are orylvtions and, comments: f,•••.t• (1•TrIonstration fire included placing an "Enviro-Block" in a bed of straw and lightirg the a4-rninute pre -bum, the "rawiro-Bock" Wa;;; only burning on the surface and was easily iVitit water only. .-t, fire placed a dozen loose tires in a similar amount of gt-aw, This fire, in only 3 MilititeS, • .1(.1 .a large volume of smoke and was extinguished in approximately %vice the tiMe of fire number one. The aggressiveness of the burning was observable through its intensity. :).!•741 :,'aerriOnstration fire involVed a flartimable liquid being allowed to penetrate the l'EnViro- L " in demonstration number one and allowing it to soak in for approximately fls.te (5) • ...:4tfterignition,the bole woe -allowed to burn for approximately 8 minutes and again was with only water. This fife was extinguished with slightly more diffieultyi than r rOort. Mirnber one. ,titloonVtrations one and three.created Considerably lest 'smoke than demonstration two. l'hey p'ne?..! =4:401.,16S0 intensity. At rut' tirrie did.:any of the wire bands on th,e sEnviro-Block" shotv any --.'fOlUre,..,.We did not need to use costly firefighting foam to extinguish these fires. .:.; ' Smoke Alarm*. Saved - Check Your Smoke Alarm ..,,1 . Workikg TOSether to Serve thir Community ;,...- .!;.ta Vitufk$ • Fire SeMees -. Pieta, Reemetion s Citrins • Buskers* 13401044*Pment 0814/2003 15“5. 5095748252 PACIFIC TRUCK PARTS PAGE 13 c:oI ''' "" 'r',,. — - ••-• - - - ',- - . ,r. — ‘— . , - • . .T........,,+,J11...-A.,W9 r- V L 4 . '...., I4 ....',01:24* ..CO. PM MrISP7WWF"r"..11ZP=10,-"./rAT)J17. .1fFe' •sy: de the iests are not conclusiver this method of vehicle rubber tire 'disposal/recycling' shbvws •, r -e rnise irrlolving the potential fire problems of many tire dumps across the Province and they . - . :t: ice a rnort viable option in land erosion retaining walls, etc. ..' , L',Ise keep,us informed as to any future developments with Ws product. • 1'1;1 Rut:14;11 ,•;,1 :4414*. Chief _ • ?rucf it.OtAttI4 • f• . • ; -44!- • • Research Newsletter 2003-1 Inside this issue: Wildlife Highway Crossing, pg 1 Tire Bale Applications, pg. 2 Using Buses for Speed Maps, pg. 3 FY04 Research Program, pg. 4 New Research Publications CDOT-DTD-R-2002-7 Environmental Justice Research Study Debora Van Orden, Cally Grauberger Suggests changes to four of CDOT's planning manuals to provide consistency in the application of environmental justice analysis for statewide and regional transportation planning. CDOT-DTD-R-2002-11 In -Place Voids Monitoring of Hot Mix Asphalt Pavements Donna Harmelink, TimAschenbrener Recommends improving Colorado's hot mix asphalt design by adjusting the target mix design air void content. This will change constructed air voids while maintaining historic design void require- ments and ensure that additional asphalt cement is used to fill mix voids. CDOT-DTD-R-2003-1 Evaluation of Premature PCCP Longitudinal Cracking in Colorado AhmadArdani, Shamshad Hussain, Robert LaForce Concludes that the shallow depth of longitudinal saw -cuts at the shoulder joint was the main reason for premature longitudinal cracking in Region 1's concrete pavements. A new specification requires the engineer to measure saw -cut depths at intervals of 528 feet. These reports are available online: http:ll www.dot.state.co.uslpublicationsl ResearchReports.htm Wildlife Highway Crossing A recently completed study funded by CDOT determined that the locations where wild animals focus highway crossing activities are associated with certain characteristics of the surrounding habitat and of the roadway itself. These findings will help to maximize the cost and biological effectiveness of mitigation measures intended to reduce the impacts of highways on wildlife. The study was designed by Sarah Barnum, who conducted the research as a requirement of the Ph.D. program in Planning and Design at the University of Colorado at Denver. The final report will be available in early April. The study recorded where mule deer, elk, and coyotes crossed sections of highway along US 24, in the Trout Creek Pass area, and along I- 70, in the Vail Pass area for two years, in order to identify crossing "hotspots." Crossing locations were then correlated to features from the surrounding habitat and the roadway itself. The results indicate that both highway design and highway placement affect the level of impact a highway has on wildlife, as well as the success of mitigation projects designed to reduce those impacts. Highway design matters because animals avoid roadside barriers, such as guardrails, when crossing at -grade, while locations where drainages intersect the highway are more likely to be crossed unless they are bridged by structures that act as suitable underpasses (certain bridges and large culverts). Highway placement matters because (cont'd on page 3) Will the Coyote Cross the Highway? Using Buses for Speed Maps The Colorado Department of Transportation (CDOT) currently provides comprehensive statewide traveler information. The goal is to provide reliable, accurate and timely information so that travelers can make informed decisions that enhance their choice of travel, mode, route and time, thereby resulting in a more productive, efficient and safe transportation system. One piece of traveler information that CDOT provides on limited segments of interstate highways in the Denver metro area is called speed maps. To produce CDOT's speed maps, vehicle speed data is collected from automatic traffic recorders (AIR), processed and posted on a map to reflect average vehicle speeds on a segment of roadway. Because this information depends exclusively upon having detectors on the roadway, and since the availability of placing detectors over extensive areas of roadway is limited, CDOT has been considering other means of acquiring information that could be used as a basis for speed maps. This information can be collected by using what is referred to as a "probe vehicle." does not have detectors. In 1993, RTD installed intelligent vehicle login units (IVLU) and global positioning systems (GPS) on its entire fleet, and an AVL system to improve and enhance fleet management. In December 2000, CDOT entered into a research project with the University of Colorado at Denver (UCD) to determine if automatic vehicle location (AVL) information from RTD buses (probe vehicles) could be used to accurately reflect vehicle speeds, evaluate AVL data in relation with ATR data, and develop an algorithm to use AVL data where CDOT UCD worked extensively with Rill to establish data collection processes and procedures, and collected data on a 13 -mile segment of I-25 and an 11 -mile segment of I-225. UCD analyzed that data in conjunction with the AIR data and incorporated weather condition and geometric characteristic data that were expected to have impacts on traffic conditions. An algorithm and model framework was developed using application of statistical techniques resulting in a logistic regression with proportional odds model selected. The model is statistically significant and predicts 94% of the responses correctly. The model certainly exceeded initial expectations. This research has demonstrated the feasibility of using bus location data to estimate traffic speed at regular intervals for highway segments. The data processing methods and the speed estimation algorithm have been developed, and the model may be implemented at the CDOT Traffic Operations Center so that speed map information can be expanded and provided as part of statewide traveler information to transportation users. Contact Bruce Coltharp 303.512.5807 bruce.coltharp@dot.state.co.us Wildlife Highway Crossing (cont'dfrom page 1) crossing activity is associated with landscapes that contain drainages, higher proportions of suitable habitat, relatively gentle slopes, and relatively less rugged landforms. However, the study results indicate that no single set of variables identifies all crossing zones because each landscape and highway is unique, and the design of mitigation projects must therefore be approached individually. The study identified a basic set of guidelines that will direct each analysis. Contact Werner Hutter 303.757.9975 werner.hutter@adot.state.co.us Tire Bale Applications CDOT is sponsoring a Quick Study with the University of Colorado at Boulder to determine the feasibility of using tire bales in highway applications. If tire bales are found to be feasible for certain applications, this Quick Study will develop a detailed research plan for CDOT to develop construction/ material specifications and design guidelines for these applications. In addition, this Quick Study will determine the budget needed to execute this plan and explore financial support for these efforts from the FHWA Recycled Material Resource Center and from tire bale companies in Colorado. Recent estimates indicate that more than 2 billion waste passenger car and truck tires are currently stockpiled across the nation, with an additional 285 million tires added each year. In the last twelve years, new cost-effective means of disposing of waste tires have been introduced in civil/highway engineering applications, Since 1995, more than 70 civil engineering projects had been successfully completed in which tire shreds were used. However, there have been some instances in which tire shred projects have failed due to the occurrence of spontaneous combustion as a result of exothermic reactions (chemical reactions that produce heat). The fire hazard potential of tire shred fills has led to a search for alternative waste tire products, such as tire bales. Tire bales are constructed by compressing approximately 100 waste tires into a 2.5'x 4.5' x 5' bale, fastened with galvanized or stainless steel wire. Each bale weighs approximately 2000 pounds, and the result is a volume reduction of approximately 5 to 1. Baling machines are readily transportable and can be easily moved from site to site by towing the machine with a truck. By using whole tires instead of tire shreds, tire bales limit the fire hazard potential associated with tire shreds, as 110 steel beads are exposed in the final product. Interest in using tire bales in highway applications has recently increased nationwide. Chautauqua Typical Tire Bale County (New York) has used tire bales in roadbed construction for the past four years with excellent results and savings to taxpayers estimated at $830,241. In Texas, a slope failure was remediated using 320 tire bales and there is there is no indication of a repeat failure at this time. The Texas DOT is currently developing construction specifications for using tire bales in its highway embankments. The New Mexico DOT has successfully employed tire bale embankment technology: 700,000 scrap tires in 1 -ton bales were utilized as the prime fill in a 4,500- foot -long riverbank stabilization wall. Two separate plants in Colorado have begun forming tires into bales for storage and other uses. The use of tire bales is the most economically feasible method for recycling and disposal of large quantities of used tires in Colorado. Due to the small unit weight of the tire bales, using them in embankment applications or as a fill can be appropriate to reduce settlement problems and to exert very low lateral pressures. If this technique is adopted in highway embankment applications, Colorado taxpayers will save money, and the number of unsightly piles of tires in landfills will be reduced. Contact Naser Abu-hejleh 303.757.9522 naser abu-hejleh@dot.state.co.us Mailing list changes? Email updates to: joan.pinamont@dot.state.co.us FY04 Research Program The Research and Implementation Council (RIC) met on December 14, 2002 and prepared recommendations for the FY04 tesearch Program. Jennifer Finch, the Director of the Division of Transportation Development, then reviewed and approved the RIC's recommendations. These recommendations are the culmination of many ideas that were submitted by CDOT staff and universities in Colorado. The technical research oversight teams reviewed 51 problem statements and submitted 26 to the RIC for funding consideration. The RIC recommended the following 15 studies for funding, totaling $775,000: 1. Design/Build Environmental Tracking 2. Remediation of Salt Contaminated Soils 3. Feasibility of Using Radio Collars to Detect Wildlife Crossings 4. Wildlife Underpass Monitoring 5. Urban Vehicle Classification Sampling Methodology - Cluster Counting 6. Urban Transportation Performance Measures - Pooled Fund 7. In -Place Voids Implementation Study 8. Participation Southeast Superpave Center - Pooled Fund 9. Improving Quality of Pavement Profiler - Pooled Fund 10. Falling Weight Deflectometer Calibration Center Improvements - Pooled Fund 11. Identification of Appropriate Investment Levels to Improve and Maintain Seat Belt Usage Rates 12. Monitoring CDOT's Corrosion Protection Systems for Reinforced Concrete Bridges 13. Improvement of the CDOT Geotechnical Axial Design Methodology of Drilled Piers 14. Rational Procedures for Detour Culvert Design 15. Strength Deformation Analysis of Mechanically Stabilized Earth (MSE) Walls - Pooled Fund The Research Branch extends its appreciation to everyone who participated in this process. Contact Rich Griffin 303.757 9973 richard.griffin@dot.state.co.us DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Office of Code Administration • codes@ci.yakima.wa.us Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 • Fax (509) 576-6576 NOTICE. TO RF.MOVIt HAZARDOUS VEGETATION August 1, 2003 K. Preston & Nicole D. Rosdahl 205 S. 65th Avenue Yakima, WA 98908 First American Title 10700 Meridian North Seattle, WA 98133 Dear Mr. and Mrs. Rosdahl: Subject Addresses: 205 S. 65th Avenue, Yakima, Washington The real property affected by this Notice is legally described as follows: PARSONS PLAT LOT 29 EX S 11 FT (Assessor's Parcel No. 181320-44466) The purpose of this notice is to inform you of hazardous conditions, which exist now on your property located at 205 S. 65`h Avenue, Yakima, Washington. The hazardous condition consists of the following: The property is overgrown with tall, dry grass and weeds, IN VIEW OF THE FOREGOING YOU ARE REQUIRED TO TAKE TH1 FOLLOWING ACTION: Cut the vegptatinn as close to the g)nund as possible and remove all resulting debris. This notice will be presented to the City Council on August 19, 2003 at 2pm in City Hall, 129 N. 2nd Street, for consideration and final resolution. You may personally appear and contest this notice at the meeting. In the event you do not appear and contest this notice or take the action required above, the City Council can pass a resolution authorizing someone else to take the action required above. The estimated cost of taking that action is $ 200.00. The Yakima re 1994 August 1, 2003 Page 2 actual cost of the required action, which may be more or less than the estimated cost, will become a lien against your property. In addition, you are further informed that the City will impose a $500.00 penalty against you or your property in the event the City takes action to abate the hazardous condition(s) located on your property and referred to in this notice. Tf Nsnfa Uaxsn ores A.inc.Mn41a "e....seatini.sner auc- --”3us, x" = .taa '�.a�aAA� Ee aa� eg4,`4,89<i3 W111.423,, 39197 AAS 'a}¢EILIWASII 3r'S9°.M' Compliance Officer at (509) 576-6669 between the hours of 8:00 a.m. - 4:30 p.m., Monday through Friday. Sincerely, Doug Maples, C.B.O. Code Administration and Planning Manager City Hall 1291.2°d Street Yakima, WA 98901 (509) 575-6121 205 S. 65th Avenue. Tall, dry weeds. Taken 7-31-03 by RS. • 205 S. 65th Avenue. Tall, dry weeds. Taken 7-31-03 by RS. • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No ps For Meeting Of August 19, 2003 ITEM TITLE: Hazardous Vegetation and Debns Abatement Program SUBMITTED BY: iam Cook, Director of Community & Economic Dev CONTACT PERSON/TELEPHONE: Doug Maples, Code Administration and Planning Manager (575-6121) SUMMARY EXPLATION: The attached resolutions are submitted to clean lots of hazardous vegetation or debris, which are in violation of Ordinance No. 3416. The five lots contain structures and the Code Compliance staff mailed regular and certified notices to the property owners after efforts were made to contact the owners by friendly letters. The first resolution should be enacted if the owners of the lots listed on the attached report do not respond to the notice nor take any action to remove from their lots the hazardous vegetation or debris m accordance with the notice given by the Code Administration Manager The second resolution should be enacted if the City Council hears evidence by owners of property mentioned in the attached report and has made deletions and adjustments to said report based upon findings from such evidence Resolution (2)X Ordinance Contact Other (Specify) List of Property Owners Funding Source APPROVAL FOR SUBMITTAtt ,--���-t City Manager STAFF RECOMMENDATION: City Council to adopt the appropriate resolution. BOARD RECOMMENDATION: COUNCIL ACTION: The resolution, as amended to delete 3602 Kern Road and 802 E. Russell Lane, was adoptdd. RESOLUTION NO. R-2003-113 3602 Kern Road was deemed to be in compliance; discussion on 802 E. Russell Lane was continued to 9-2-2003 meeting.