HomeMy WebLinkAboutR-2005-082 Clear certain weedy lotsRESOLUTION NO. R-2005- 82
A RESOLUTION authorizing the Code Administration and Planning Manager to
clear certain weedy lots.
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 owner of the properties at 1211 E.
Pacific Avenue and 814 S. 14th Street; 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 owner of the properties 1211 E. Pacific Avenue 814 S. 14th
Street has 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 properties
at 1211 E. Pacific Avenue 814 S. 14th Street 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 7th day of June , 2005.
7
ATTEST:
City Clerk
June 9, 2005 Res. 1
Paul P. George, IC
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
NOTICF, TO REMOVE OR DESTROY HAZARDOUS
VEGETATION AND/OR DEBRIS
May 23, 2005
Douglas Metz Trustee
14 N. 96`h Avenue
Yakima, WA 98908
Dear Mr. Metz:
Subject Addresses: 814 S. 14th St. and 1211 E. Pacific Ave., Yakima, Washington
The real properties affected by this Notice and Order is legally described as follows:
Adams Ave Add: Lot 7 Blk 2
Adams Ave Add: Lot 8 Bik 2
(Assessor's Parcel Nos. 191320-33418, -33419)
The purpose of this notice is to inform you of hazardous conditions, which exists now on
your properties located at 814 S. 14th Street and 1211 E. Pacific Avenue, Yakima,
Washington.
The hazardous condition consists of the following:
Property contains tree trimming.s and is overgrown with tall grass and weeds
creating a potential fire hazard and a public nuisance.
IN VIEW OF '1'HI FOREGOING YOU ARE REQUIRED TO TAKE '1HE
FOLLOWING ACTION:
11 1
1111 1 11
V
remove all resulting grass and weed dehris from your property.
This notice will be presented to the City Council on June 7, 2005, 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 $ 300.00. The actual cost of
Yakima
Sigkri
Fr
1994
May 23, 2005
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, Acting 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
14th St./Pacific Avenue. Tree trimming debris and weedy lot. Taken 5-23-05 by RS.
14th St./Pacific Avenue. Tree trimming debris and weedy lot. Taken 5-23-05 by RS.
14th St./Pacific Avenue. Tree trimming debris and weedy lot. Taken 5-23-05 by RS.
14th St./Pacific Avenue. Tree trimming debris and weedy lot. Taken 5-23-05 by RS.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
item No. ( td, C..
For Meeting Of June 7, 2005
ITEM TITLE: Haz'dous 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:
For each attached Notice there are two resolutions submitted to clean certain Tots of
hazardous vegetation or debris which is in violation of Ordinance No. 3416 (attached). The
estimated cost to abate each property is also attached.
For each Notice, one of the two resolutions must be enacted. 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 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
properties mentioned in the attached report and has made deletions and adjustments to said
report based upon findings from such evidence.
Resolution (2 each)X Ordinance_ Contract _ X Other (Specify) Ordinance No. 3416/
Notices/Property Photos/Spreadsheet
Funding Source
APPROVAL FOR SUBMITTAL:
ity Manager
STAFF RECOMMENDATION: Adopt appropriate resolution.
BOARD RECOMMENDATION:
COUNCIL ACTION:
(A) Removed from the list. (Dimario)
(B) Resolution adopted. RESOLUTION NO. R-2005-82 (Metz)
(C) Property owner given until June 21 to clean up property.
(Montesdeoca)
Property Address
45th/Summitview
45th/Summitview
45th/Summitview
1211 E. Pacific Ave.
814 S. 14th St.
1205 E. Pacific
815 S. 13th St.
Parcel Number
181322-32548
181322-32549
181322-32556
191320-33419
191320-33418
191320-33420
191320-33421
Estimated Cost of Abatement
$100
$100
$100
$150
$150
$150
$150
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 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 ..IIU steel address of the property involved Id
J ii_ of ui condition sought i_ be
UCSId IrJ 11 Vll OIIU street dUUI CJS of the fl1 Vi,JClly IIIVUIVCU d11U d UCSla 1�,l11U11 UI 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. Upori 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 Hens 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).