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Home My WebLink AboutR-2004-125 Clear Certain Weedy LotsRESOLUTION NO. R-2004- 125 A RESOLUTION authorizing the Code Administration and Planning Manager to clear a certain weedy lot. WHEREAS, pursuant to Section 10.05.100 of the City of Yakima Municipal Code the Code Administration and Planning Manager has served "Notice(s) To Remove or Destroy Hazardous Vegetation" on the owners of the property 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 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 lot listed on the attached report have taken no action to remove from their lot the hazardous vegetation or debris pursuant to the notice given by the Code Administration and Planning Manager, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA The Code Administration and Planning 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 and Planning Manager shall not take such action until seven days after the date of passage of this resolution. ADOPTED BY THE CITY COUNCIL THIS 17tlaay of Aigilsv 2 ATTEST: City Clerk August 12, 2004 Res. 1 Paul George, Mayor 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 REMOVE OR DESTROY HAZARDOUS VEGETATION AND/OR DEBRIS July 30, 2004 VBC Chester Court Limited Partnership 1911 65th Ave. W Tacoma, WA 98466 To Whom It May Concern: Subject Address: 1208 E. Spruce Street, Yakima, Washington The real properties affected by this Notice and Order is legally described as follows: S 70 FT OF E 256 FT OF S 1/2 NW 1/4 SW 1/4 NW 1/4 (Assessor Parcel No. 191320-23016) The purpose of this notice is to inform you of hazardous conditions, which exists now on your property located at 1208 E. Spruce Street, Yakima, Washington. The hazardous condition consists of the following: Property is overgrown with tall grass and weeds, and contains dry vegetative debris from previous cuttings, creating a potential fire hazard and a public nuisance. IN VIEW OF THE FOREGOING YOU ARE REQUIRED TO TAKE THE FOI.I,OWING ACTION: Cut all grass & weeds to three (3) inches or less and remove all resulting glass and weed debris from your property. This notice will be presented to the City Council on August 17, 2004, 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 Hazardous Vegetation Page 2 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. and 4:30 p.m., Monday through Friday. Sincerely,` Doug Maples, C.B.O. Code Administration and Planning Manager 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 Tess 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 Tess 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 requested, addressed to the owner at his last known 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. to 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). 01791. -1N -Z0-96001. dJeooH wmau anseuioa woz ;sn6nv uu0A Sd — 626T fiS2.2 0 &aqui °owes Wag Jejsuetp laquinN 010144+ pad eig3) Lit.iemea papplsam • 'Cl'O'9 0 9SIPUBLIOAMI aol Idlepau wnistA ssatclx3 fairy painsui HEIN PellIPe9 palaisl6aEl jy odic" eovues •C sseappe fuenliap Jell* 'SBA ;I eA 0/ Li. well wo1 walemp ssappe fuenflep s (aweiv pappd ) Aq p 08 easseappV an 3 If Atig/II73O NO NOLLO3S SIUi.L7dWO3 0004 2754 -13 rR m Elhzio -Vivi iblvoN_L !A 14('9 itb1 cOrisxenef,tb, 0, 01 PeeezeloPV eloIPV *swilled weds II wag.a uo Jo `soeldilew eq oNosq ei4OT po smwelly a wnoic (.4 pso Limp.; Imo am Lfl OS OSA9A8,1 eq UO ssappe puv ouleu moiC mid RI •pailsap SI /WAIN] pai.oppeu jf awidwoo osjv Puu `1. swell quidwo0 a N01.1.03S 3-L37d14100 :1:13CIN3S IcitcreliveVinfoinifilicifiViiiff014411311ROVIVIKAt Postage Certified Fee Return Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here 7/3b/oLf Sent To vbe..... aokir eotirt_ hietti 9tr Street, Apt. No.; or PO Box No. ici 1( 4,5 mAv4 hi City, State, ZIP+4--- mow A. °a( 1 cinptAKVIM17.0.-11M", YAKIMA, WA Map Themes P City Limits I" Contours 1— Critical Areas Floodplains l" Parcel Text i Plan 2015 17 Relief Map 1— Urban Areas r Zoning INone Refresh Choose Location to: Zoom in Zoom Out Pan r Identify Grandview Granger Harrah Moxee Naches Selah Sunnyside Tieton Tonnenish UnionGap Wapato Yakima Zillah Parcel Number: Situs Address: Owner Name. Misc Codes. Assessed Values: Parcel Size. UAZO Zoning. Plan 2015: Urban Growth Area. Jurisdiction. Floodplain: Critical Areas Stream Type: Contour Elevation. 19132023016 1208 E Spruce Vbc Chester Court Limited Pntr 331-TCA/Levy 0 -improvement value 5000 -land 0.41 Acre(s) CBDS - CBD Support Urban (City Limits) Urban Growth Area Plan Yakima Floodplain data not available No contour lines within 10 feet of click Address Parcel Number Estimated Cost to Abate 1208 E. Spruce Street 191320-23016 $200 Vacant lot at 1208 E. Spruce Street. Tall weeds. Taken 8-12-04 by RS. 11/ AIR '°31i'ii`a1CP. \ / k I +S fes. \ 1 IW Tilk. . Vacant lot at 1208 E. Spruce Street. Tall weeds. Taken 8-12-04 by RS. Vacant lot at 1208 E. Spruce Street. Tall weeds as seen from Kawanis Park. Taken 8-12-04 by RS. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ct For Meeting Of August 17, 2004 ITEM TITLE: Hazardous Vegetation and Debris Abatement SUBMITTED BY: William Cook, Director of Community & Economic Dev. CONTACT PERSON/TELEPHONE: Doug Maples, Code Administration and Planning Mgr. (575-6121) SUMMARY EXPLANATION: The attached resolutions are submitted to a clean lot of hazardous vegetation or debris which is in violation of Ordinance No. 3416. The estimated cost is attached. The first resolution should be enacted if the owners of the lot listed on the attached report do not respond to the notice nor take any action to remove from their lot the hazardous vegetation or debris in 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 the 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_ Contract _ _Other (Specify) Funding Source \� APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt appropriate resolution. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-125