HomeMy WebLinkAbout1975-1817 REQUIRE CLOSURE OF ABANDONED OR UNUSED DRIVEWAYS; IMPOSING A LIEN FOR DRIVEWAY CLOSURE WORK PERFORMED BY THE C ORDINANCE NO. /1/7
AN ORDINANCE relating to streets and sidewalks; adopting a procedure
to require closure of abandoned or unused driveways;
imposing a lien for driveway closure work performed
by the City; and enacting Sections 8.64.140 and 8.64.150
111 as new sections of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 8.64.140 is hereby enacted as a new section
of the City of Yakima Municipal Code to read as follows:
"8.64.140 Notice to .romert owners to close drivewa .
A. Preliminary notice. .Proceedings to require the
closure of any driveway as required by subsection 8.64.070 (d)
of this chapter shall be commenced by a written notice given
by the Director of Public Works of the City to the owner of
the property involved, which notice shall specify •the legal
description and street address of the property involved and
describe the condition to be corrected, and shall notify the
owner to correct the condition within 30 days from the date
such notice is given. The notice shall further specify a
date, no less than 30 days subsequent to the date of giving
the preliminary notice, on which the matter will be reported
to the City Council for formal action in the event of non com-
l. pliance with the preliminary notice. Service of the notice
shall be made in person on the owner, or by United States mail
addressed to the owner at his last known address. 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.
B. Final notice--City Council action. In the event
the condition described in the preliminary notice Is not
corrected within the 30 day period provided by such notice,
the Director of Public Works shall report to the City Council,
on the date specified in.the preliminary notice, the fact of
the giving of the preliminary notice and of non compliance
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. On the receipt of
such report, the City Council may, by resolution, require
the owner to close the driveway and replace any such driveway
approach with a standard curb and sidewalk, as may be neces-
sary for compliance with the preliminary notice. The resolu-
tion shall further provide for a final notice to be given
to the same persons and in the same manner as provided for
• giving a preliminary notice, which final notice shall require
that the condition be corrected within 15 days from the date
such final notice is given; and the notice shall further include
notification that in the event of the failure of the owner
to comply with the notice, the driveway approach will be
replaced with a standard curb and sidewalk by the City with
the actual cost of such replacement to be charged to the
owner, with such charge to constitute a lien on the property.
C. The provisions of Sections 8.64.020, 8.64.030 and
8.64.040 of this chapter, pertaining to permit requirements,
shall apply to work performed by persons other than the City
as a result of any notices given pursuant to this section."
Section 2. Section 8.64.150 is hereby enacted as a new section
411 of the City of Yakima Municipal Code to read as follows:
"8.64.150 Refusal to comel with notice--Replacement
of curb and sidewalk b Cit --Lien. In the event an owner
fails to comply with a final notice given in accordance with
Section 8.64.140 of this chapter, the replacement of curb
and sidewalk required by that notice may be performed by the
City. Upon such replacement, the actual cost thereof shall
be a charge against the property owner and shall constitute
a lien against the property. 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 of Yakima County
within the time and shall be foreclosed and enforced in the
manner and time as provided by the laws of the State of Wash-
ington pertaining to liens for labor and material."
Section 3. This ordinance shall be in full force and effect
thirty days after its passage, approval and publication as provided
0 by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved thise-day
of 1975.
4 (
Mayor
ATTEST:
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t y Cler
410
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