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Home My WebLink AboutR-2005-112 Hazardous Vegetation & Debris AbatementRESOLUTION NO. R-2005- 112 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 property at 15 N. 40th Avenue; 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 property at 15 N. 40th Avenue 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 property at 15 N. 40th Avenue 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 19thdof Jul 2005. 6 /6/1 -- ATTEST: City Clerk July 14, 2005 Res. 1 aul George, Mayor Property Address Parcel Number Estimated Cost of Abatement 15 N. 40th Avenue 181322-42483 $100 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 July 1, 2005 NOTICE, TO REMOVE, OR DESTROY HAZARDOUS VEGETATION AND/OR DEBRIS Clifton L. Richardson 15 N. 40`h Avenue Yakima, WA 98908 Andrew Richardson 905 N. 44th Avenue #B4 Yakima, WA 98908 Dear Mr. Richardson: Subject Addresses: 15 N. 40th Avenue, Yakima, Washington The real properties affected by this Notice and Order is legally described as follows: Weber Square: N 62.5 Ft of Lot 22 Also Lot 23 Ex N 55 Ft The purpose of this notice is to inform you of hazardous conditions, which exists now on your property located at 15 N. 40`h Avenue. The hazardous condition consists of the following: i• 1 1 1. 111k 1 • r_ 1: i1, ift•. 1 1 »nil a public nuisance. IN VIEW OF THE FOREGOING YOU ARE REQUIRED TO TAKE THE FOLLOWING ACTION: :w Rc 1 1 ,, 1 1 • 11 1 . weed debris from your property, This notice will be presented to the City Council on July 19, 200.5, 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 Yakima A11-Amnlc*611y 'UU' 1994 Page 2 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 $ 100.00. 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 10.05.100 Duty to remove hazardous vegetation and debris --Procedure. Page 1 of 2 TitIe 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 http://www.ci.yakima.wa.us/citycode/_DATA/TI.../_10_05_100_Duty_to_remove_haza.htm 7/14/2005 10.05.100 Duty to remove hazardous vegetation and debris --Procedure. Page 2 of 2 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. 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). http://www.ci.yakima.wa.us/citycode/_DATA/TI.../_10_05_100_Duty_to_remove_haza.htm 7/14/2005 r4 U.S. Postal ServiceTM CERTIFIED MAJLTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ru Lr -o For delivery information visit our website at www.usps.com9 Postage Certified Fee D D Return Reciept Fee (Endorsement Required) D Restricted Delivery Fee ra (Endorsement Required) rR m Total Postage & Fees m D ent To Postmark Here re() 517c") PS Form 3800, June 2002 See Reverse for Instructions DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Code Administration 129 North Second Street Yakima, WA 98901 stb,. ‘41,4100%s CERTIFIED MAIL,. 1 1 1 1 7003 3110 0002 7669 2681 RETURN RECEIPT REQUESTED Andrew Richardson 905 N. 44th Avenue #B4 Yakima, WA 98908 4... Sir 4.4 . 4.1. 44. • . PO NETER LL4Ji• U POSTAGE fit tit iditit f 111111111 11 tidal i 11 I th * * —n ru rr .11 N ru D D D r1 rR , m m • U.S. Postal ServiceTM CERTIFIED MAILT. RECEIPT • (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come F Postage Certified Fee Retum Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To elif10 Street, Apt. Nrm; or PO Box No. City, State, ZIP+4 Postmark Here I • Mdarcts&I ir emiLL Ige)?, PS Form 3800, June 2002 • See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on - tront if space permits. 1. Articld'Addressed to: COMPLETE THIS SECTION ON DELIVERY A. Signa r III B. Recei ed by (Printed Name) C7,10-6 Al 12i Agent 0 Addressee - C. Date of Delivery 7-84 —OS D. Is delivery address different from item 1? pdYes If YES, enter delivery address below: RN° a: Spice Type Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. R12, ts.*Le) P.,5/ teced y ?1125 Restricted Delivery? (Extra Fee) 0 Yes 2, Article Number (Transfer from service label) 7003 3110 0002 7669 2674 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 15 N. 40th Avenue. Weedy lot. Taken 7-13-05 by RS. 15 N. 40th Avenue. Weedy lot. Taken 7-13-05 by RS. 15 N. 40th Avenue. Weedy lot. Taken 7-13-05 by RS. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ‘:) For Meeting Of July 19, 2005 ITEM TITLE: Hazardous Vegetation and Debris Abatement SUBMITTED BY:14kiam 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 a certain lot of hazardous vegetation or debris which is in violation of Ordinance No. 3416 (attached). The estimated cost to abate the property is also attached. One of the two resolutions must be enacted. The first resolution should be enacted if the owners of the lot listed on the attached report does 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 f2)X Ordinance Contract X Other (Specify) Ordinance No. 3416/ Notice/Property Photos/Spreadsheet Funding Source APPROVAL FOR SUBMITTAL: ty Manager STAFF RECOMMENDATION: Adopt appropriate resolution. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-112