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Home My WebLink AboutR-2003-097 Clear View Violation Enforcement - 5504 Englewood Hill DriveRESOLUTION NO. R-2003- 97 A RESOLUTION authorizing enforcement of intersection clear view violation at 5504 Englewood Hill Dr, as described in Yakima Municipal Code 8.80.010. WHEREAS, On April 21, 2003 a citizen complaint was received by the City of Yakima regarding possible violation of clear view ordinances. Subsequent investigation by staff determined a violation did exist and notification was sent to property owner on May 1, 2003. WHEREAS, Continued contact with the subject property owner in writing on June 2, 2003 did not result in the abatement of the violation. Additional site visits by staff clarified the extent and nature of the violation. WHEREAS, Pursuant to YMC 8.80.020, on July 1, 2003 the Yakima City Council reviewed the report by city staff and authorized enforcement of the clear view violation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1: Pursuant to YMC 8.80.020, Jonathan J & Diane L Craig, owner of the real property located at 5504 Englewood Hill Drive (Yakima County Assessor parcel number 181316-43422) is required to remove the vegetation in violation of the intersection clear view ordinance. Section 2: The subject property owner will receive a Final Notice providing ten working days to abate the violation. Section 3: If the violation is not completely abated within the ten day period of the Final Notice, the City of Yakima will take corrective action to abate the violation, with the actual cost of such removal to be charged to the property owner. Such cost will constitute a lien on the property. ADOPTED BY CITY COUNCIL this 1" day of July, 2003. ATTEST: City Clerk Clearview Violation Summary Property owner: Jonathan J & Diane L Craig Violation address: 5504 Englewood Hill Drive Parcel number: 18131643422 Legal Description: Englewood Hill Lot 9 Brief description: Overgrown vegetation into the street is causing a sight distance obstruction. The property is located on the S side of Englewood Hill Drive. Original Complaint: Charlotte Proulx on April 21, 2003 (neighbor). Dates of Letters: May 1, 2003 courtesy violation letter; June 3, 2003 preliminary violation notice including city council date. • • • 5504 Englewood Hill Drive • • 5504 Englewood Hill Drive Title 8 STREETS AND SIDEWALKS Chapter 8 80_TREES AND SHRUBS 8.80.020 Notice to property owner to remove vegetation. A. Preliminary Notice Proceedings to require the re-moval of any tree, plant, shrub or other vegetation, or part thereof, as required by Section 8 80 010, 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 ten days from the date such notice is given The notice shall further specify a date, no less than ten 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 noncompliance 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 a preliminary notice is not corrected within the ten-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 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. On the receipt of such report, the City Council may, by resolution, require the owner to remove the tree, plant, shrub or other vegetation, or part thereof, as may be necessary for compliance with the preliminary notice The resolution 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 ten 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 tree, plant, shrub or other vegetation described in the notice will be removed by the city with the actual cost of such removal to be charged to the owner, with such charge to constitute a lien on the property. (Ord 1796 § 2, 1975. Ord B-1033 § 2, 1949). http://www.ci.yakima.wa.us/citycode/_DATA/TIT.../ 8_80_020_Notice_to property_o.htm 6/25/2003 June 2, 2003 DEPARTMENT OF t'UBLLC, WORKS 2301 Fruitvale Blvd., Yakima, Washington 98902 Phone (5 0 9 ) 575-6005 Jonathan & Diane Craig 5504 Englewood Hill Dr Yakima, WA 98908 Preliminary VIOLATION NOTICE C inlation Address: 5504 Eno!ewood Hill Dr Parcel # 18131643422 Dear Property Owner: The Traffic Engineering Division has confirmed an obstruction adjacent to your property on the N / S / E / W side of Englewood Hill Dr. This vegetation is in violation of the attached clearview ordinance, 8.80.010 Please [remove entirely] [trim a portion of] the existing [arborvitae/]hedge] [tall evergreen(s)] [roses/perennials] [tree limbs] [junip [weeds] as defined in the enclosed ordinance You are required to remove y June 23, 2003 all) vegetation growing [over the sidewalk lower thorn 7 feet] [over the street o ® n ie feet] Tf the required vegetation removal [over dl (.114 street or 411 V � t.i v ti4�,. 4 required �V4.4 AAViA has not been completed by the above date, this_oca ion will be scheduled for city council action at the July 1, 2003 meeting, and a resolution will be adopted to approve a final violation notice and failure - to -comply procedures per the code You should be aware that in the event of a collision or other mishap, you could have liability if the vegetation problem contributed to the occurrence. We would appreciate your compliance with the ordinance to enhance public safety Please see the enclosed pamphlet that further illustrates the ordinance requirements If you have any questions or need assistance with the ordinance, please call Bill Quitta, Traffic Associate at 576-6465 or me at 576-6499. Sincerely, Kris Betker Traffic Technician II Enclosure . cu,,, rnent Renta! 575-6005 • Parks sic Recreation 575-6020 • Refuse 575-6005 _itreet 575-6005 Traffic 575-6005 • Transit 575-6005 `!akima itretri rip „�a DEPARTMENT OF PUBLIC WORKS 2301 Fruitvale Blvd., Yakima, Washington 98902 Phone (509) 575-6005 May 1, 2003 Jonathan & Diane Craig 5504 Englewood Hill Dr Yakima WA 98908 Courtesy VIOLATION NOTICE Violation Address 5504 Englewood Hill Dr Parcel # 18131643422 Dear Property Owner: We have confirmed a violation of the City of Yakima clearview ordinance, Municipal Code section 8.80.010, on your property along the N /S /E /W side of Englewood Hill Dr The ordinance requires that you [remove entirely] [trim a portion of] the existing [hedge] [arborvitae] [tree limbs] [junipers] [roses/perennials] [shrubs] [vine] that are growing [over the sidewalk lower than 7 feet] [over the street or alley lower than 10 feet] as described on the applicable section of the enclosed diagram. If the required trimming is not completed by the last Friday of this month, you will receive a formal preliminary notice of the clearview violation including a date on which it will be scheduled for city council action. Also, if you do not comply, the city may complete the necessary trimming or vegetation removal and issue a lien on the property equal to the cost of the work. You should be aware that in the event of a traffic collision at this location, you could have liability if the vegetation problem contributed to the occurrence. We would appreciate your complying with the ordinance to enhance public safety. Again, please be advised that if required, the next notice will confirm the date of the applicable city council session at which the enforcement of this violation will be presented. Please complete the required work or contact Bill Quitta, Traffic Associate at 576-6465 or me at 576-6499 if you have questions or would like to meet to discuss the violation. Thank you in advance for your cooperation. Sincerely, Kris : etker Traffic Technician II c: resident if other than property owner Enclosure ]uttunIstratinn 575-6005 • Equipment Rental 575-6005 • Parks .& Recreation 575-6020 • Refuse 575-6005 Street 575-6005 • Traffic 575-6005 • Transit 575-6005 Yakima kretd afL.er,c.un 11111► 1994 ITEM TITLE: clear view violation SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. '3 For Meeting Of July 1, 2003 Consideration of Resolution Authorizing City of Yakima enforcement of at 5504 Englewood Hill Drive, pursuant to YMC 8.80.020. Chris Waarvick, Director of Public Works d Traffic ger CONTACT PERSON/TELEPHONE: Shelley Willson, Streets Joan Davenport, Supervising T affic Engineer SUMMARY EXPLANATION: On April 21, 2003, the City of Yakima received a complaint regarding a possible clear view violation. Staff documented the violation and contacted the property owner in writing on May 1 and June 2, 2003. The clear view violation has not been corrected by the property owner. As required by Yakima Municipal Code 8.80.020, the property owner was informed of the necessity to trim this vegetation as well as the date the City Council would take an action if the violation is not corrected. A brief summary is attached of the enforcement process for this violation including photographs and documentation of correspondence with the property owner regarding this violation of the clear view ordinance (YMC 8.80.020). This resolution authorizes (pursuant to YMC 8.80.040) the Final Notice and ten-day period to abate the violation, prior to correction by the City of Yakima and a possible lien on the subject property. Resolution X Ordinance Contract X Other (Specify) vicinity map, pictures Funding Source None necessary APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends City Council approve Resolution. BOARD RECOMMENDATION: COUNCIL ACTION: This Resolution authorizes the Final Notice and ten-day period to abate the violation. Resolution adopted. RESOLUTION NO. R-2003-97