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HomeMy WebLinkAboutR-2007-046 Enforcement of Hazardous Sidewalk ReplacementRESOLUTION NO. R-2007- 46 A RESOLUTION authorizing enforcement of replacement of a hazardous sidewalk at 206 South 9th Avenue, as described in Yakima Municipal Code 8.76.040. WHEREAS, On April 19, 2006 the property owner of 206 South 9th Avenue was notified by the City of Yakima regarding a hazardous sidewalk condition; and WHEREAS, On July 19, 2006 by Certified Mail the Director of Public Works required repairs/replacement within twenty days of the receipt of the letter (July 21, 2006) did not result in the abatement of the violation. Additional site visits by staff clarified the extent and nature of the violation; and WHEREAS, Pursuant to YMC 8.76.060 C, on March 6, 2007 the Director of Public Works served "Notice of Assessment Roll for Sidewalk Safety Repairs" by Certified Mail received on March 12, 2007 by the owner of property at 206 South 9th Avenue; and WHEREAS, On April 4, 2007 the City Clerk published "Notice of Public Hearing before the Yakima City Council of the Final Assessment Roll" in the Yakima Herald Republic; and WHEREAS, the owner of the property at 206 South 9th Avenue has taken no action to repair or replace the hazardous sidewalk pursuant to the notices given by the Director of Public Works, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1: Pursuant to YMC 8.76.040, the Director of Public Works is hereby authorized and directed to cause replacement of hazardous sidewalk sections adjacent to 206 South 9th Avenue. Section 2: Pursuant to YMC 8.76.060 C, William and Patty Cheney, owner of the real property located at 206 South 9th Avenue (Yakima County Assessor parcel number 181324-34421) will be charged the actual cost of said replacement. Such cost will constitute a lien on the property. The Assessment Roll is attached as Exhibit A and incorporated herein by this reference. Section 3: The Director of Public Works shall take no action until seven days after the passage of this resolution. ADOPTED BY CITY COUNCIL this 17th day of A • il, 2007. 40,,, ATTEST: 612-Amca,, City Clerk David Edler, Mayor 206 South 9th Avenue DEPARTMENT OF PUBLIC WORKS 2301 Fruitvale Blvd., Yakima, Washington 98902 Phone (509) 575-6005 NOTICE: City Council Consideration of Assessment Roll for Sidewalk Safety Repairs March 6, 2007 Location of Sidewalk Safety Hazard: 206 S. 9th Ave Yakima, WA 98901 Parcel # 181324-344421 Property Owner: William and Patty Cheney 206 South 9th Avenue Yakima, WA 98902 Subject: City Council Meeting On Sidewalk Repair Assessment Roll' CERTIFIED MAIL RETURN RECEIPT REQUESTED On July 19, 2006 you were notified of the requirement to commence safety repair or replacement of a portion of damaged sidewalk, adjacent to your private property, as provided for in Yakima Municipal Code (YMC 8.76.040). At this time, the repair required to the sidewalk adjoining your property has not been initiated and will be included in a sidewalk project to be performed under the direction of the Director of Public Works, with the cost of said improvement to be paid by the property owner as declared in aii assessment roll. Please be advised that the Yakima City Council will consider the assessment roll for necessary sidewalk repairs at their regularly scheduled meeting on April 17, 2007, beginning at 7 PM in the City Council Chambers of City Ha11,129 North 2nd Street, Yakima, Washington. The City Council will consider all comments regarding the proposed assessment at that time. Enclosed is a copy of the Final Notice previously sent to you.. CKIM.53 6ti Director of Public Works Administration 575-6005 • Equipment Rental 575-6005 • Parks & Recreation 575-6020 • Refuse 575-6005 Street 575-6005 • Traffic 575-6005 • Transit 575-6005 Yakim 1994 SE%IDER COMPLETE THIS SECTION E Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. E Print your name and address on the reverse so that we can return the card to you. E Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: William and Patty Cheney 206 South 9th Avenue Yakima, WA 98902 COMPLETE'THISSECTIONrON DELIVERY" ti ❑ Agent ❑ Addresse 7t ec y i! I ved b Name) k(1 D. Is delivery addr@ss different from ter\n 1? ti Ye- If YES, enter delivery address below: 0 No C. Dates Deliver Service Type Certified Mail ❑ egistered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandis 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7006 0100 0002 2909 8774 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15 DEPARTMENT OF PUBLIC WORKS 2301 Fruitvale Blvd., Yakima, Washington 98902 Phone (509) 575-6005 NOTICE: Sidewalk Safety Repair Required July 19, 2006 Location of Sidewalk Safety Hazard: 206 S 9th Ave Parcel Number/ Legal Description: 181324-344421 HEERMAN'S ADD: LOT 3 BLK 3 ALSO W'LY 64 FT OF E'LY 114 FT OF S'LY 5 FT OF LOT 2 Property Owner: William & Patty Cheney 206 S 9th Ave Yakima WA 98902 CERTIFIED MAIL RETURN RECEIPT REQUESTED Subject: Property Owner Notification of Sidewalk Safety Hazard The purpose of this letter is to formally notify property owners of sidewalks that are in need of safety repair or replacement. A courtesy letter was previously mailed to you in mid-April regarding the sidewalk safety hazard at your property. Yakima Municipal Code (YMC 8.76.040) requires adjoining property owners to repair or replace sidewalks that pose a safety hazard to the walking public. Repairs/replacement must commence within twenty working days of the receipt of this letter. The extent of required sidewalk repair is limited to addressing safety issues in order to keep the cost of the repair to the property owners to a minimum. City of Yakima Street Inspector, Dan Riddle, is available to meet with you to discuss the measures necessary to remedy the hazard adjacent to your property. Repairs or reconstruction must be permanent in nature and follow the standard specifications attached to this letter. At this time, the City of Yakima Public Works Department has a limited funding program to cost -share the required sidewalk repairs. This fund is administered on a first-come, first -serve Administration 575-6005 • Equipment Rental 575-6005 • Parks & Recreation 575-6020 • Refuse 575-6005 Street 575-6005 • Traffic 575-6005 • Transit 575-6005 Yakima NI-nmerlcaCit9 'IIID 1994 206 S 9th Ave July 19, 2006 Page 2 basis. To be eligible for the program you must complete the necessary paperwork and receive approval prior to any repairs being made. Applications for the cost -share program are available from Dan Riddle. In the event you are unable to comply within the time period, the ordinance includes a provision and procedures for the City of Yakima to repair or replace the sidewalk and bill the property owner for the costs related to the project. For more information about this notice and the cost-sharing project please contact either: • City of Yakima Public Works Department — Wayne Deason (509) 575-6005 • City of Yakima Engineering Division — Dan Riddle (509) 576-6464 Thank you in advance for your cooperation, and we look forward to hearing from you. Sincerely, Chris Waarvick Director of Public Works Attachment: sidewalk specifications cc: _Dan Riddle, Street Inspector Wayne Deason, Street Supervisor \\Isnt\Users\mskovald\Streets\Sidewalks\sw registered letter notice.doc f e\\2•/\% SEE PLANS °• + _ —0.02 s• • �— COMPACTED EARTH 4" WSDOT CLASS 3000 CONCRETE WITH COARSE AGGREGATE GRADING NO. 5. COLD JOINT 2" MINIMUM COMPACTED DEPTH CRUSHED SURFACING TOP COURSE 4" STANDARD SECTION SEE PLANS _ —0.02 e • • • • •Y •y' 4 • • •• s! /\<X � COMPACTED EARTH COLD JOINT 6" WSDOT CLASS 3000 CONCRETE WITH COARSE AGGREGATE GRADING NO. 5. 2" MINIMUM COMPACTED DEPTH CRUSHED SURFACING TOP COURSE 6" THICKENED SECTION CITY OF YAKIMA - STANDARD DETAIL APPROVED: 1.5.2005 CEMENT CONCRETE SIDEWALK R12 r-1 r7 r-9 iru • ETT ;LPI r9 •a ilr r9 to r%.,. Postal Service RTIFIED MAIL RECEIPT omestrc Marl Only, No Insurance Coverage -Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restifcted Delivery Fee (Endorsement R<' •� Total Postagr Sent To Street, Apt. Nr or PO Box No City, State, Z/r Postmark Here William & Patty Cheney 206 S 9th Ave Yakima WA 98902 PS Form: 3800;. January 2001 SENDER: COI'JIPLETE THIS SECTION -See Reverse for Instructions 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 maiipiece, or on the front if space permits. 1. Article Addressed to: William & Patty Cheney 206 S 9th Ave Yakima WA 98902 COMPLETE THIS SECTION ON DELIVERY Signatu B. Received by (Printed ame) Agent Address C. D-te of Delive 7\27 D. Is delivery address different from item 1? ❑^ �es If YES, enter delivery address below: o 3. Service Type "1 Certified Mali ❑ Registered O Insured Mail ❑ Express Mail j$',Retum Receipt for Merchandi: ❑ C.O.D, 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7001 11940 00-01 5E112 1111? (Transfer from service Iatr_, PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-15. DEPARTMENT OF PUBLIC WORKS 2301 Fruitvale Blvd., Yakima, Washington 98902 Phone (509) 575-6005 April 19, 2006 NOTICE: Sidewalk Safety Repair Required Location of Sidewalk Safety Hazard: 206 S. 9th Ave Yakima, WA 98902 Parcel # 181324-34421 Property Owner: William and Patty Cheney 206 S. 9th Ave Yakima, WA 98902 Subject: Property Owner Notification of Sidewalk Safety Hazard The purpose of this letter is to formally notify property owners of sidewalks that are in need of safety repair or replacement. Yakima Municipal Code (YMC 8.76.040) requires adjoining property owners to repair sidewalks that pose a safety hazard to the walking public. Please contact the City of Yakima within 30 days of this notice (no later than May 19, 2006) to find out more about the permit process and identify the limit of the safety hazard adjacent to your property. This extent of required sidewalk repair is limited to addressing safety issues in order to constrain the cost of the repair. At this time, the City of Yakima Public Works Department has a limited funding program of cost-sharing of the required sidewalk repairs. This fund is administered on a first-come, first - serve basis. To be eligible for the program you must complete the necessary paperwork and receive prior approval before any repairs are made. In the event that you are unable to comply within the time period, the ordinance includes a provision and procedures for the City of Yakima to repair or replace the sidewalk and bill the property owner for the cost relating to the project. For more information about this notice and the cost-sharing program please contact either: City of Yakima Public Works Department — Wayne Deason (509) 575 - 6005 City of Yakima Engineering Division — Dan Riddle (509) 576 - 6464 Thank you in advance for your cooperation, and I look forward to hearing from you. Sincerely, Wayne Deason Street Supervisor Administration 575-6005 • Equipment Rental 575-6005 • Parks & Recreation 575-6020 • Refuse 575-6005 Street 575-6005 • Traffic 575-6005 • Transit 575-6005 Yakima an•America cn '111 1994 BUSINESS OF THE ^~- ~~^ ^^ COUNCIL �r�k��U��J� WASHINGTON """�^�"��' °°"�~�"""""�°"~�"° AGENDA ������K��@�� STATEMENT ^~,°,~~,~ , �� Item No. / For Meeting ofApril 17.2OO7 ITEM TITLE: Public Hearing regarding final assessment roll for property owners required to repair or replace portions of hazardous sidewalk conditions located at the following addresses 213South 9th Avenue 2O2South 9th Avenue 206 South 9th Avenue 216 South 9th Avenue SUBMITTED BY: Chris Waarvick, Dfrector of Public Works Shelley Wilison, Street and Traffic Operations Manager CC>Nl7\CTF`EF|GON/TELEPHC)NE: 8heUayVVU|son/57O.043O SUMMARY EXPLANATION There are four parcels that staff is requesting authorization from Council to proceed with the replacement of hazardous sidewalks by private contractors hired and paid for by the City of Yakima Street and Traffic Operations Division. ALien will beplaced on the property to recover the actual cost for work to be completed in accordance with YMC 8.76 at each location. Three properties have been removed from the previous list provided to City Council They are 209South 9th Avenue, which has been sold and notice will be given to the new property owner, 305 South gib Avenue which was not included in the final notices mailed to property owners and 309 South 9th Avenue which has commenced actions to replace hazardous sidewaik sections. The remaining properties have received two notices delivered by certified mail (copies attached) A resolution for each parcel has been submitted to replace the sidewalk portion in violation YMC section 8.78.040 (attached). The estimated cost for repairs for each parcel is also attached as Exhibit (A) Assessment Roll and incorporated herein by this reference. Resolution (4) X Ordinance Assessment Roll Other (Specify) YMC 8.76.040, Notices and Contract Mail to (name and address): Phone. Funding Source 50/50 8idewal nd in Street and Traffic O*erations 141 APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION' Adopt resolutions BOARD/COMMISSION RECOMMENDATION: Resolutions adopted: COUNCIL ACTION. 213 S. 9th Ave 202 S. 9th Ave 206 S. 9th Ave 216 S. 9th Ave City Manager / RESOLUTION NO. R-2007-44 / RESOLUTION NO. R-2007-45 / RESOLUTION NO. R-2007-46 / RESOLUTION NO. R-2007-47 Exhibit A Assessment Roll Property Owner Parcel # Address Stephen & Carol Young 18132443 540 213 S 9th Ave Yakima, 98902 Bruce & Vickie Young 18132434420 202 S 9th Ave Yakima, 98902 William & Patty Cheney 18132434421 206 S 9th Ave Yakima, 98902 Tracy & Viviano Ramirez 18132434508 216 S 9th Ave Yakima, 98902 Estimated Cost Repair $3,510 00 $1,530 00 $1,530 00 $2,790 00 NOTICE OF PUBLIC HEARING BEFORE THE YAKIMA CITY COUNCIL Re: Final Assessment Roll for property owners required to make necessary sidewalk repairs on South 9th Avenue Notice is hereby given that the Yakima City Council will hold a public hearing on April 17, 2007, at 7.00 p.m., or soon thereafter, to consider the final assessment roll for property owners on South 9th Avenue required to repair or replace portions of hazardous sidewalk conditions, as specified in Yakima Municipal Code 8 76.060. The hearing will be held in the Council Chambers at Yakima City Hall, 129 North 2nd Street, Yakima, WA, at which time the City Council will hear any and all protests against the proposed assessment. The properties included in the final assessment roll are described below: 181324-34420, 181324-34421, 181324-43540, 181324-34508, 18132443489 Dated this 8th day of March, 2007. Deborah Moore City Clerk Please Publish on Wednesday, April 4, 2007 Charge Account No. 10952