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01/08/2008 10 Forest Emmons Appeal of Community Reveiw Board Decision, 1108 West "J" St.
• • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No /v For Meeting of January 8, 2008 ITEM TITLE Forrest Emmons Appeal of Community Review Board Decision concerning 1108 W J St. SUBMITTED BY William R. Cook, Director of Community Economic Development Department CONTACT PERSON/TELEPHONE Doug Maples, Code Administration and Planning Manager (575-6131) SUMMARY EXPLANATION During a Fruitvale Area Emphasis Patrol the property at 1108 W J St. was noted as having structures open to unauthorized entry, several nuisance violations, numerous junk vehicles and an overall excessive amount of debris on site A Community Review Board hearing was scheduled for September 19, 2007 and notice via a Notice of Illegal Conditions and Determination of Unfitness was sent to the property owner, Harlow P Adams. Mr Adams appointed Forest Emmons to act on his behalf via a notarized letter provided the City of Yakima. Mr Emmons attended the Community Review Board hearing and gave testimony He was given until September 24th to secure the structures on the site Further, he was granted a 30 -day extension to clean up the debris and remove the junk vehicles If he made significant progress the Board agreed to grant another 30 -days A re- inspection of the site revealed that only one of the four structures was secured and no notable progress was made Due to his failure to comply with the requirements and timelines provided, a $600 administrative fee was imposed, in addition to other related compliance fees. Mr Emmons appears to be appealing his administrative fees based upon his belief that he met all timelines and requirements of the Board. Resolution Ordinance Other (Specify) X Contracts Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL. � i�,�'� h- Cit Mana•er STAFF RECOMMENDATION Uphold Community Review Board Decision and Assessment of Administrative Fees and Expenses. BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No �® For Meeting of January 8, 200 ITEM TITLE Forrest Emmons Appeal of Community Review Board Decision concerning 1108 W J St. SUBMITTED BY ilhiiam R. Cook, Director of Community Economic Development Department CONTACT PERSON/TELEPHONE Doug Maples, Code Administration and Planning Manager (575-6131) SUMMARY EXPLANATION During a Fruitvale Area Emphasis Patrol the property at 1108 W J St. was noted as having structures open to unauthorized entry, several nuisance violations, numerous junk vehicles and an overall excessive amount of debris on site A Community Review Board hearing was scheduled for September 19, 2007 and notice via a Notice of Illegal Conditions and Determination of Unfitness was sent to the property owner, Harlow P Adams Mr Adams appointed Forest Emmons to act on his behalf via a notarized letter provided the City of Yakima Mr Emmons attended the Community Review Board hearing and gave testimony He was given until September 24th to secure the structures on the site Further, he was granted a 30 -day extension• to clean up the debris and remove the junk vehicles If he made significant progress the Board agreed to grant another 30 -days A re -inspection of the site revealed that only one of the four structures was secured and no notable progress was made Due to his failure to comply with the requirements and timelines provided, a $600 administrative fee was imposed, in addition to other related compliance fees Mr Emmons appears to be appealing his administrative fees based upon his belief that he met all timelines and requirements of the Board Resolution Ordinance Other (Specify) X Contracts Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION Uphold Community Review Board Decision and Assessment of Administrative Fees and Expenses BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION 1 APPEAL OF THE COMMUNITY REVIEW BOARD SUMMARY OF DECISION NAME: ;cc*s7 ADDRESS: 1-/t9/ ! 4. 4i✓ PHONE NUMBER: 50 9 - 90/ - 9800 CA -e b /;Z 9/,Z The appeal must be filed with the City Clerk within 30 days from the date of service and posting of an order issued by the Board. Checklist 2ritten notice of appeal setting out the reasons the determination or order of the Board is erroneous Appellant elects whether the appeal shall be heard Examiner &IlJ& An appeal fee of $100 is paid /Er r —G r-1.-4):i.� �C.� Notify Code Administration about the appeal j 9(�" /�„= r,` -S") ❑ Set date of appeal hearing not less than 10, nor more than 30 days from the date the appeal is filed. ❑ Notice of the public hearing before the appeal decision -maker shall be provided to the appellant and to all interested parties 10 days prior to the hearing. The filing of the appeal shall stay the code compliance order, except for temporary measures to secure the building to minimize any emergent danger to the public health or safety The appeal derision -maker' shall file his decision within 60 days after the filinOof the � 0 appeal. 3 The decision of the appeal decision -maker may be appealed to Superior Col licl� v CT the Hearing C7 r rn -o CO a3AI33 YARDMASTER SPRAY SYSTEMS EVERGREpEON BOX ICES L.L.C. YAKIMA. WA 98907 (509) 837 7476 ORDER OF (4/7 PAY / /(4 f f/9 TO THE l ///� . �.0ted-i 1 3173 2'z BC1.!_ARS e 5373 /-19.2/1250 OATE-�'/ I $ /00 DO FOR Bank of America. 11100537311' 1:L250000241: 72616 816t1' r Notice of Appeal This notice is to serve as an appeal of the community review boards summary of decision and fees. Case #129125 The appeal is based on the agreement as discussed at the September 19th community review board meeting at which time I asked the board for a 90 day extension to bring the property in compliance. The boards response was that if I secured the main dwelling or structure on or before the following Monday and continued to show significant progress there after, that this would satisfy the boards interest, and they would review it in 30 days Progress. After my meeting with the board on September 19th I sent a crew of two to the property on Saturday 22nd and secured the main structure. The adjacent garages were secured the following weekend. On October 1st three trailer loads of debns and garbage were cleaned from the site of the main dwelling and hauled to the county landfill On October 12th, 13th, 19th, and 20th I had a two man crew spending of over 32 man hours with high weed mowers, cutting, collecting and removing weed and grass vegetation to bring the fire load to an expectable level On October 25th Poor Boys auto recycling was called at the suggestion of code compli- ance officers They were giving permission to haul away vehicles from the property and a contact number for access. At the meeting of September 1 9th it was told to me that my emphasis should be put on first securing the dwelling structure on the property and then the fire load issue. I have made significant progress in these areas and I am continuing to make progress on a weekly basis I elect to have the appeal heard by the City Council Thank you torrest Emmons JR YARDMASTER SPRAY SYSTEMS EVERGREEN SERVICES L.L.0 PO BOX61 YAKIMA, WA 98907 (509) 837 7476 TO THE if /� PAY A S� /! ORDER OF f ! % /1 7O0 DO A02Le �G� ,c z� /G' �L 891,EARS 8 5373 19-2/1250 DATE/!r - - -`^ 17 / FOR Bank of America. /64/ YI-1ff"‘ s • -- 000 5 37 3u'- ': 1 2 50000 24':-_ 7_26-,L6- 8_L_6i' _ - 1 CASH RECEIPT Received From Address For Daie �"� "---6 7 20 0 3 2 0 31 it 4e / 0A 6 aci I 53'73 Gm,. /45= dm 5'�3'9�T ACCOUN r ii HOW PAID Dollars S,A1-1f 6 4 t.MT Or ACCOUNT CASH AMT PATO CHECK MONEY ORDER D CREDIT CARD ❑ 7-74-1) - 1. IJA-f` {1i ti t4 EiJ r yy y t°,.`,� , u r1. a 'j;, i i {cry . ,'..":' §. ?•!. .�h4 ?sia"f"i3�k:T'•.•,ViE.'..,;:%.y��.`:,!`C!31�.i.7'�4t7R: �.j.�,Y •C-. - ..,. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT William R Cook, Director Doug Maples, CBO, Code Admin. and Planning Manager 129 North Second Street, 2nd Floor Yakima, Washington 98901 � �� (509) 575-6126 or 575-6121 6576 First otiice November 1, 2007 Harlow P. Adams 1306 S. 20th Ave. Yakima, WA 98902 Valley Marine/Travis Coleman 1904 Fruiitvale Blvd. Yakima, WA 98902 Regarding. Case #129125 A Quick Bail Bonds P.O. Box 1634 Okanogan, WA 98840 On October 17, 2007, the Community Review Board conducted a public hearing to consider a Notice & Order regarding 1108 W. 3 St. Yakima, Washington. A motion was made and seconded, stating in part: "Administrative fees in the amount of $600 (increasing to $1000 if the City must abate any illegal conditions), plus the aty's costs to correct any continuing illegal conditions shall be charged to the owner and assessed against the subject property if the owner fails to pay them promptly". As of today the aty's costs are $269.22. The total amount owing as of today is $869.22 • Administrative Fees $ 600.00 • Title Search $ 227.22 • Filing Fees $ 42.00 The above-mentioned fees are outstanding, and there is a lien that remains on the property. Please be advised that additional costs incurred by this office may be forthcoming. This letter serves as your first notice. Failure to remit full payment by December 1, 2007 or failure to make payment arrangements will result in the certification of the costs owing to the county treasurer's office to become part of your property taxes as provided for in Chapter 11.10.600 YMC. "The Director of Finance, or his/her designee, shall certify any such assessment amount due and owing to the county treasurer, who, pursuant to RCW 35.80.030, shall enter the amount of such assessment upon the t~x rolls against the property for the current year and the same shall come a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RY 84 56.02." Any and ail payment arrangement must be made with the Code Adrnlnisb abon & Planning r. ^.3;: •iri or hisihe c'es: r. .ee :'s ui r ley riT!ta _ - o :1ce 1"a+iG i'r.l .` :. K.: -,r :.rw'i f r r _ u i P lease runt pavrnnnent to tostec above; make chi' yab a t i to GT/ of Sincerely yours www.ci.yakima.wa.us • codes@ci.yakima.wa.us Yakima ltilz! 'IIII► 1994 DLPA1t 1 %MINT UI COMMUNI l Y AMU 1 L UN UMI L U. YGl.Ul"M1rN Office of Code =Administration • codes ci.yakima wa.us Doug Maples, C BO, Code Admin and Planning Manager • www cr.rakuna.wa as 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 0 Fax (509) 576-6576 December 7, 2007 Mr Forrest Emmons 4004 Logan Place Yakima WA 98908 Dear Mr Emmons Pursuant to our phone conversation on Wednesday December 5, 2007, I advised you that your appeal to the city council had a slight change due to council meeting changes. With the last council meeting occurring on December 11, 2007, this does not give us the 10 day notice that our ordinance states that we are obligated to notify you. The next meeting is scheduled for January 8, 2008 at 7 00 pm in city hall council chambers, where the appeal hearing will be conducted. The appeal states that the heanng will be conducted not less than 10 days or more than 30 days after your appeal is received. Thank you for understanding these extenuating circumstances and agreeing to these terms. Please communicate back to us that you are aware of the change and agree to have January 8, 2008 as your appeal hearing date. Please do not hesitate to contact me if you have any questions. Also at your request, I will not send a certified letter to accompany the regular postal mailing. Respectfully, Joe Caruso Supervising Code Inspector Yakima X19 '�i1J, Citizen Service Request CITY OF YAKIMA 12-27-07 09 14AM DEPARTMENT OF PUBLIC WORKS C00015 Page 1 REQUEST # 129125 Received 08-21-07 at 02 32PM lrossign - CCO REQUEST TYPE DEPARTMENT Reported By YPD Does Reporting Party Mailing Address CA - MULTIPLE VIOLATIONS 022 CODE ADMINISTRATION Telephone Wish to be Anonymous? N , WA Incident Address 1108 W J ST YAKIMA, WA 98902 Nature of Service Request SIX CONTIGUOUS LOTS (SAME OWNERSHIP), VACANT, OPEN STRUCTURES (APPEAR TO BE USED BY HOMELESS), VANDALIZED; WEEDY; JUNK VEHICLES, AND TRAILERS; EXCESSIVE WOOD DEBRIS,TIRES, GARBAGE, ETC ROUTE TO 1) CODES CALL BACK? - NO Action Taken on 12-07-07 REFERRED TO 1) LROSSIGNOL 4/9/07 - I HAD NOTED THE PROPERTY CONDITIONS OF THE SUBJECT PROPERTY WHILE IN THE AREA, AND TODAY I TOOK SEVERAL PHOTOGRAPHS OF THE HOUSE AND PROPERTY JUST FROM WEST J ST LROSSIGNOL 6/27/07 - I HAVE BEEN ASSIGNED FOR THE MONTHS OF JUNE & JULY 2007, TO A SPECIAL EMPHASIS PATROL WITH YPD FOR DISTRICT 4, AND UNABLE TO CONTINUE ON MY OWN CASELOAD TODAY I DISCUSSED THE SUBJECT PROPERTY WITH A CO-WORKER AND SHE PROVIDED ME WITH THE TELEPHONE NUMBER OF THE PROPERTY OWNER (HARLOW PAUL ADAMS) 360-362-3970 LROSSIGNOL 8/2/07 - WHILE ON THE EMPHASIS SWEEP I WENT TO THE SUBJECT PROPERTY WITH A YPD OFFICER THE HOUSE IS OPEN TO UNAUTHORIZED ENTRY AND THE OFFICER AND I WALKED THROUGH THE HOUSE IT IS FULL OF GARBAGE, WOOD DEBRIS, HANGING INSULATION, AND TRASH UPSTAIRS IS A MATTRESS WITH SHEETS ON IT AND IT APPEARS THAT IT HAS BEEN USED BY VAGRANTS THE PROPERTY IS OVERGROWN WITH WEEDS, DRY VEGETATION, HAS AN EXCESSIVE ACCUMULATION OF WOOD DEBRIS (THE OWNER WAS USING IT AT ONE TIME TO STORE WOOD FROM HIS TREE TRIMMING BUSINESS) THERE ARE SEVERAL JUNK VEHICLES AND JUNK TRUCKS AND EQUIPMENT THE OUTBUILDINGS ARE OPEN, THERE IS GRAFFITI I TOOK SEVERAL PHOTOGRAPHS FOR THE PURPOSE OF A CRB CASE LROSSIGNOL 8/3/07 - I CALLED THE PROPERTY OWNER'S TELEPHONE NUMBER TODAY (HE ID'ED HIMSELF ON HIS VOICE MAIL) I LEFT A MESSAGE REQUESTING HE CALL ME REGARDING THE SUBJECT PROPERTY LROSSIGNOL 8/6/07 - I CALLED FIRST AMERICAN TITLE AND REQUESTED A TITLE SEARCH LROSSIGNOL 8/21/07 - I MAILED A NOTICE OF ILLEGAL CONDITIONS TO THE VESTED OWNERS AND PARTIES AS ID'ED ON THE TITLE SEARCH THE DEADLINE IS 9/17/07, THE CRB HEARING IS SET FOR 9/19/07 LROSSIGNOL 8/22/07 - THE OWNER OF VALLEY MARINE CAME INTO THE OFFICE TO BRING THE COPIES OF THE NOTICE I MAILED TO A. TRAVIS COLEMAN IN CARE OF HIS BUSINESS HE WAS VERY CONCERNED THAT VALLEY MARINE WAS NOT INVOLVED; I EXPLAINED (AND SHOWED HIM THE TITLE SEARCH); THAT IN NO WAY IS VALLEY MARINE INVOLVED, THAT MR COLEMAN, WHO HE STATED IS DECEASED, SIMPLY USED THEIR BUSINESS FOR MAILING LROSSIGNOL 8/28/07 - NOTICE OF ILLEGAL CONDITIONS POSTED ON THE FRONT FENCE, IN FRONT OF THE SFR ON THE SUBJECT PROPERTY PHOTODOCUMENTED THE POSTING NO CHANGE IN THE PROPERTY CONDITIONS LROSSIGNOL 9/14/07 - I RECEIVED A TELEPHONE CALL FROM A WOMAN NAMED SANDRA BRIGHMAN (966-7863), OR (945-4524) I HAVE SPOKEN WITH SANDRA IN THE PAST, WHEN DEALING WITH THIS PARCEL; SHE BEGAN BY TELLING ME SHE WAS A CO-OWNER OF THE SUBJECT PROPERTIES FOR CLARIFICATION, I ASKED THAT SHE TELL ME EXACTLY WHAT HER LEGAL INTEREST IN THE PROPERTY IS, BECAUSE THE TITLE SEARCH DOES NOT SHOW ANY TRANSACTIONS BETWEEN THE VESTED OWNER, HARLOW PAUL ADAMS, & EITHER HER OR HER SON FORREST EMMONS SHE TOLD ME THAT MR ADAMS HAS PLANS TO SELL THE PROPERTY TO HER SON, FORREST EMMONS, BUT CONCEEDED THERE IS NO CONTRACT, OF ANY KIND, AT THIS TIME SHE STATED THAT THE OWNER, MR ADAMS IS WORKING ON THE WEST SIDE OF THE STATE, BETWEEN SEATTLE AND BREMERTON, WITH NO REAL ADDRESS (STAYING WITH A SISTER WHEN HE IS IN SEATTLE, AND NO REAL PLACE IN BREMERTON) SHE TOLD ME HE DOES NOT HAVE A WORKING TELEPHONE, AND WOULD NOT, OR COULD NOT PROVIDE A TELEPHONE NUMBER FOR THE SISTER SHE STATED THEY (SHE & FORREST) REALLY HAVE NO WAY OF GETTING AHOLD OF MR ADAMS ACCORDING TO MS BRIGHAM SHE LIVES AT MR ADAMS HOME ADDRESS AT 1306 S 20TH AVE, WHERE THE NOTICES WERE MAILED, BUT SHE HAS BEEN IN TEXAS FOR A MONTH AND THE MAIL HAS BEEN ON HOLD SHE STATED FORREST DROVE BY THE PROPERTY YESTERDAY AND SAW OUR POSTING THEY ARE REQUESTING AN EXTENSION I TOLD HER SOMEONE LEGALLY REPRESENTING THE PROPERTY WOULD NEED TO APPEAR AT THE CRB HEARING AND EXPLAIN, TO THE .BOARD THEIR PLAN TO ABATE THE NUISANCE VIOLATIONS AND REQUEST ANY EXTENSIONS FROM THE CRB MEMBERS SHE WANTED TO TELL ME ALL ABOUT WHO WAS "STEALING EQUIPMENT" FROM THE SITE & HOW MANY TIMES YPD HAS BEEN CALLED, BUT I RETURNED HER TO THE ISSUES AT HAND (THE NEGLECTED CONDITION OF THE PROPERTY, THE OPEN BUILDINGS THAT HOMELESS PEOPLE ARE SLEEPING IN, THE EXTREME FIRE LOAD ON THE PROPERTY --WEEDS, WOOD, GARBAGE-- AND THE EXCESSIVE JUNK VEHICLES I REMINDED HER THAT NO ONE IS TENDING TO THE PROPERTY CONDITIONS AT ALL I TOLD HER THEY NEED TO PROVIDE A WRITTEN STATEMENT FROM MR ADAMS TO THE CRB, AND TO OUR OFFICE THAT THEY HAVE LEGAL AUTHORITY TO REPRESENT THE PROPERTY OWNER SHE UNDERSTOOD AND AGREED LROSSIGNOL 9/17/07 - I WENT TO THE SUBJECT PROPERTY TO CONDUCT A 48-HOUR INSPECTION A MAN WAS THERE WITH A RAKE, RAKING SMALL PILES OF BRUSH HE ID'ED HIMSELF TO ME AND ROYALE SCHNEIDER (WHO WILL BE PRESENTING THIS CASE TO THE CRB MEMBERS IN MY BEHALF) AS "JOSEPH" WHEN QUESTIONED, HE STATED HE WAS HIRED BY SANDRA BRIGHAM, BUT DIDN'T REALIZE HOW MUCH THERE WAS TO CLEAN UP HE HAD NO APPARENT EQUIPMENT EXCEPT A RAKE AND A SHOVEL (NO TRUCK TO HAUL, ETC) HE TOLD US SANDRA WAS "JUST AROUND THE CORNER", AND LEAD US TO WHERE SHE WAS REPORTED TO BE SHE WAS NOT THERE NO REAL IMPROVEMENT TO THE SITE AT ALL LROSSIGNOL 1 38 P M - SANDRA BRIGHAM CALLED, SHE REQUESTED A REVIEW OF THE HEARING TIME, PLACE AND PROCEEDINGS SO SHE COULD RELAY THEM TO HER SON FORREST EMMONS, WHO IS SUPPOSED TO BE COMING TO THE MEETING (HE WILL BE TRAVELING UP FROM SUNNYSIDE) I REVIEWED HOW THE HEARING WILL PROCEED, THAT FORREST WILL NEED TO SIGN IN, SWEAR IN, AND PROVIDE A COPY OF THE AUTHORIZATION TO REPRESENT MR ADAMS, TO THE BOARD (AND SUBSEQUENTLY OUR OFFICE) SHE UNDERSTOOD, AND STATED THEY HAD A NOTORIZED STATEMENT THAT GRANTED THEM AUTHORITY TO REPRESENT THE PROPERTY LROSSIGNOL 9-19-07- CRB HEARING FORREST EMMONS AND HIS MOTHER SANDRA ATTENDED THE HEARING, I PRESEND THE CASE AND INFORMED THE BOARD THAT THE CITY RECOMMENDS THAT ALL STRUCTURES BE SECURED IMMEDIATELY AND THAT THE STANDARD 30 DAY APPEAL PERIOD IS GIVEN WITH THE ADMINISTRATIVE FEES THEY SEE FIT FORREST APPROACHED THE PODIUM AND GAVE HIS TESTIMONY ON PAST EVENTS ON THE PROPERTY AND HIS PLANS FOR CLEAN UP HE STATED THAT THIS IS A LARGE SET OF PROPERTIES AND THAT IT MAY TAKE HIM 3 MONTHS TO TOTALLY CLEAN ON MORE THAN ONE OCCASION, HE STATED THAT THE PROPERTY DID NOT LOOK LIKE THIS 3 MONTHS AGO, THAT THEY'VE HAD LOTS OF ILLEGAL DUMPING, THE GATE WAS STOLEN FROM THE FENCE, THINGS HAVE BEEN STOLEN FROM THE VEHICLES AND THE •HOUSE THEY DIDN'T WANT TO POINT FINGERS, BUT THE TROUBLE HAS STARTED SINCE NEW OCCUPANTS MOVED INTO THE HOUSE TO THE EAST, AND THERE WAS EVEN A HOLE IN THE FENCE ON THAT SIDE OF THE PROPERTY FORREST WANTED TO GET THE JUNK OUT OF THE HOUSE BEFORE BOARDING IT UP, BUT WAS WILLING TO BOARD THE HOUSE THE BOARD ASKED THAT HE HAVE THE STRUCTURES BOARDED BY 3 OOPM, MONDAY, SEPTEMBER 24 IF THE CODE COMPLIANCE OFFICER FOUND THAT THE STRUCTURES WERE STILL OPEN TO UNAUTHORIZED ENTRY, THEN A CONTRACTOR COULD BE CALLED THE BOARD WAS CLEARLY UNEASY ABOUT GRANTING 3 MONTHS FOR CLEAN UP, SO THEY EXTENDED THE HEARING 30 DAYS, AT WHICH TIME AN UPDATE ON THEIR PROGRESS COULD BE BROUGHT TO THE BOARD JOE CARUSO INFORMED FORREST THAT HE WAS NOT REQUIRED TO BE AT THE NEXT HEARING, AS THE CODE COMPLAINCE OFFICER COULD 'SIMPLY PRESENT PHOTOS SHOWING THE PROGRESS, BUT HE IS WELCOME TO ATTEND AND EXPLAIN WHAT HE HAS DONE AND STILL PLANS TO DO THE BOARD WAS UNANIMOUS IN THEIR DECISION TO HAVE THE• STRUCTURES BOARDED BY 3PM ON MONDAY, AND TO CHECK THEIR PROGRESS AT THE OCTOBER 17 MEETING WHILE FORREST WAS AT THE PODIUM, I QUIETLY INFORMED SANDRA THAT I HAD ANOTHER QUICK CASE AFTER THIS ONE, BUT IF THEY WOULD WAIT A FEW MINUTES, I COULD EXPLAIN TO THEM THE CITY'S REQUIREMENTS ON BOARDING UP STRUCTURES SHE AGREED TO DO SO AFTER MY 'SECOND CASE WAS PRESENTED, I MET FORREST AND SANDRA IN THE LOBBY AND EXPLAINED THE CITY'S REQUIREMENTS ON BOARDING UP STRUCTURES I DID NOT HAVE A COPY OF THE ORDINANCE ON HAND, BUT FORREST STATED THAT THEY WERE VERY SIMILAR TO THE CITY OF TOPPENISH REQUIREMENTS AND WOULD HAVE NO PROBLEM REMEMBERING I GAVE THEM BOTH ONE OF MY BUSINESS CARDS AND)INVITED THEM TO CALL IF THERE ARE ANY PROBLEMS BEFORE MONDAY, AS LINDA IS AT A CONFERENCE AND WILL NOT RETURN UNTIL MONDAY, SEPTEMBER 24 SIDE NOTE FORREST DID PRODUCE A NOTARIZED STATEMENT FROM THE PROPERTY OWNER HARLOW PAUL ADAMS GIVING FORREST PERMISSION TO REPRESENT HIM IN ALL MATTERS CONCERNING THESE PROPERTIES, AS WELL AS HIS PROPERTY ON 20TH AVENUE THIS NOTE WILL BE KEPT IN THE FILE (R SCHNEIDER) 9-24-07- RECEIVED A CALL FROM FORREST ON ANOTHER MATTER, BUT I DID ASK HIM ABOUT THE PROGRESS ON THIS PROPERTY HE STATED THAT THE HAS THE HOUSE SECURED, BUT THE GARAGES WERE NOT DONE BECAUSE HE DID NOT BRING ENOUGH WOOD HE STATED THAT HE WOULD BE BACK AT THE PROPERTY TOMORROW TO FINISH SECURING THE GARAGES HE ALSO INFORMED ME THAT HE HAD TO RUN 2 PEOPLE OFF THE PROPERTY WHO WERE TRYING TO TAKE PARTS OFF AN OLD WILLY'S JEEP THAT IS ON THE PROPERTY (R SCHNEIDER) 9/25/07 - SITE INSPECTION I TOOK SEVERAL PHOTOGRAPHS OF THE PROPERTY CONDITIONS THE HOUSE IS SECURED, ALTHOUGH NOT TOTALLY TO CITY ORDINANCE SOME PIECES OF SCRAP PLYWOOD (THAT COULD EASILY BE BROKEN OR PULLED OFF) IS ON A COUPLE OPENINGS AN UPSTAIRS WINDOW IS NOT BOARDED, IS A SLIDER, AND IS OPEN THERE IS VERY LITTLE, IF ANY IMPROVEMENT IN THE REST OF THE PARCELS LROSSIGNOL 10/8/07 - I DROVE BY TODAY; THERE WERE TWO "WORKERS" THERE, DOING SOME RAKING LROSSIGNOL 10/17/07 - SITE INSPECTION FOR PURPOSE OF CRB UPDATE TODAY AT 5 30 P M I SEE LITTLE IMPROVEMENT IN THE PROPERTY CIRCUMSTANCES THERE ARE A COUPLE PILES THAT HAVE BEEN RAKED, BUT THERE IS EXCESSIVE GARBAGE, FIRE LOAD (LUMBER AND SCRAP WOOD), JUNK VEHICLES, WEEDS, TIRES, FURNITURE, BRUSH, OLD CAR PARTS, BROKEN FENCING, AND OPEN OUTBUILDINGS I TOOK SEVERAL PHOTOGRAPHS FOR THE BOARD LROSSIGNOL I PRESENTED THE PHOTOGRAPHS TO THE BOARD AND RECOMMENDED STANDARD MOTION NUMBER 1; AFTER THE 30 -DAY APPEAL PERIOD I SUGGESTED WE MOVE FORWARD WITH THE BID PROCESS TO CLEAN THE PARCEL STANDARD MOTION NUMBER 1 WAS VOTED UNANIMOUSLY BY THE BOARD, WITH A $600 AD FEE LROSSIGNOL 10/24/07 - SUMMARY OF DECISION COMPLETED BY CLERK OF THE BOARD JULIA SANFORD, AND POSTED AT THE SITE BY CCO ROYALE SCHNEIDER (FOR CCO LINDA ROSSIGNOL) PHOTOGRAPH OF POSTING WAS TAKEN FOR THE RECORD ROYALE S ALSO TOOK 3-4 ADDITIONAL PHOTOGRAPHS OF THE PROPERTY CONDITIONS TO SHOW THAT THERE IS STILL GRAFFITI, GARBAGE, JUNK VEHICLES, PILES OF BRUSH, ETC ON THE SUBJECT PROPERTY LROSSIGNOL 11/5/07 - I RECEIVED A CALL FROM FORREST EMMONS REGARDING THE SUMMARY OF DECISION HE LEFT A MESSAGE STATING HE DIDN'T UNDERSTAND THE BOARD'S DECISION, BECAUSE THE HAVE "BEEN WORKING OF THE PROPERTY PRETTY CONSISTANTLY", BUT "NO, IT'S NOT IN COMPLIANCE FULLY" HE STATED HE. HAS "GUYS THERE 1-2 X A WEEK", THAT IT'S "BOARDED UP" AND "ALL THE WEEDS ARE DOWN" HE LEFT PHONE NUMBERS OF 901-9800, AND 837-7476 (OFFICE IN SUNNYSIDE) I CALLED HIM BACK THE NEXT DAY AND LEFT A MESSAGE FOR HIM LROSSIGNOL 11/6/07 - FORREST EMMONS CALLED AGAIN, LEAVING ME A MESSAGE I HAD ALREADY CONTACTED BRAD BENA, OF "I -HAUL" TO PROVIDE A BID TO CLEAN THE SITE I MET BRAD AT THE SITE TODAY AND WE WALKED OVER THE ENTIRE PROPERTY BRAD WILL WORK UP A BID AND PROVIDE IT TO ME NEXT WEEK LROSSIGNOL 11/7/07 - MR EMMONS CALLED AGAIN TODAY, HE CAN NOT ALWAYS HEAR HIS CELL PHONE WHEN HE'S WORKING, HE PROMISED TO PUT IT ON VIBE HE STATED HE HAS SOMEONE WORKING AT THE SITE TODAY, THAT THEY ARE "DOING IT IN PHASES" HE STATED HE HAD HOPED FOR THREE MONTHS, HAS HAD SOMEONE AT THE SITE AT LEASE 1X A WEEK FOR THE LAST 6 WEEKS ALSO THAT HE'S TAKEN "QUITE A FEW TRAILER LOADS OUT OF THERE" WE DISCUSSED THE APPEAL PROCESS AND HE THINKS HE MAY APPEAL LROSSIGNOL 11/26/07 - FORREST EMMONS FILED AN APPEAL WITH THE CITY CLERK'S OFFICE, AND A CHECK IN THE AMOUNT OF $100 FILING FEE MR EMMONS HAS ELECTED TO HAVE THE APPEAL HEARD BY CITY COUNCIL LROSSIGNOL 12/7/07 - DUE TO THE SCHEDULING OF COUNCIL HEARINGS DURING THE MONTH OF DECEMBER, NOT ENOUGH TIME WOULD BE ALLOWED TO SET A HEARING WITHIN THE 30 DAYS SET FORTH IN CHAPTER 11 10, AND ALSO PROVIDE LEGAL NOTICE TO THE NEWSPAPER JOE CARUSO COMMUNICATED THE SCHEDULING PROBLEM WITH APPELANT FORREST EMMONS, AND MR EMMONS AGREED TO ACCEPT A LATER HEARING DATE TODAY MR CARUSO MAILED A CONFIRMATION LETTER TO EMMONS THAT SET THE DATE OF THE HEARING AS 1/8/08, AT 7 00 P M IN COUNCIL CHAMBERS MR EMMONS HAD REQUESTED THE LETTER NOT BE MAILED CERTIFIED, AND THE LETTER REFLECTED THAT REQUEST LROSSIGNOL ROUTE NUMBER Yakima County - Washington Land Information Portal Assessor 'Planning Real Estate Yakima County Assessor 1 Yakima County GIS Yakima County ALLEY TITLE GU WVAV VTGCO C (549)248-444 FAQ Help I Legend I Search I T Search Byr Parcel # T 11111 I ox 441 '•I _it Kc PARK (COT/ NEM ilvfo TRACTS Enter.a cornplete.c NUMBER. Parcel I least 8 c iaracters. lunton to continue. MapScale: 1 0 J Overlays Aen (- FEMA r Carfours MapSize: Sma Easirng(ft) 1 Northirgt1) • 1 P I Lann;de(N) click Map to: Get Information One Inch = 400 Feet Feet 200 400 600 Maps brcirgh Valley Tit! T www (509) ,. Map I f PROPERTY PHOTOS. J J PROPERTY PROPERTY INFORMATION AS OF 4/23/2007 3:01 41 AM Ft ` '_ =f _ " ' m 4 =, 4:` : • z� • - _ F • .7 : .F .--,-...-r---.7.77-.,--'-.-----' 1 Parcel Address: 1108 W J ST, ,WA - - Parcel Owner(s): HARLOW P JR ADAMS Parcel Number 18131324440 Parcel Size.10.23 Acre(s) Property Use: 11 Single Unit TAX AND ASSESSMENT INFORMATION Tax Code Area (TCA): . 335, Tax Year 2007 Improvement Value: i, 325700 Land Value. 325000 - CurrentUse Value: SO CurrentUse Improvement: SO New Construction: SO Total Assessed Value 350700 td . - "i RESIDENTIAL INFORMATION , Quality Year BuiltStones Main SqFt Upper SqFt Bsmt SqFt Bedrooms Bathrooms (full/3/4,1/2) Garage (bsmt/att/bItin) Carport - FAIR 1910 1.5 416 365 0/0 3 1/0/0 0/0/0 _ SALE INFORMATION Qt Excise !Sale Date. !Sale Price Grantor Portion of Parcel No Sales Information Found_ X970 Yakima County -Washington Land Information Portal Yakima County Assessor Yakima County GIS Yakima County !' First America www. yakimatitli 509 248.755 Assessor 'Planning Real Estate 1 FAQ ; Help 1 Legend 1 Search 1 T Search By- pre Parcel #' r - Z 5.- t" .4 IS Enter a complete c NUMBER. Parcel I least 8 characters. button. t� continue. MapScale: 1 o�_� uKL DARK rsar7 .KATt1AWAY 11,]i-le].-,11;11-1; 11,:1-.1.la Overlays Aeri r FEMA E Contours MapSize: Tri TRACTS Maps trough Valley Tit EigQt) I Northergft) Longitude(E) I ide(N) c: 0 Click Map to: Get Information One Inch = co Feet Feet 200 400 600 T Www (509) Map PROPERTY PHOTOS. PROPERTY INFORMATION AS OF 4/23/2007 3:01 41 AM Parcel Address: J ST W/HATHAWAY AV, ,WA - Parcel Owner(s): PAUL ADAMS Parcel Number 18131324439 Parcel Size: 0.14 Acre(s) - -,,_ Property Use: 98 Vacant Land TAX AND ASSESSMENT INFORMATION _ Tax Code Area (TCA): 335 Tax Year: 2007 �.=.. Woo.,, -tip Improvement Value: ;0 Land Value. $5500 rp`"`"" CurrentUse Value. SO CurrentUse Improvement: SO ` New Construction: ;0 Total Assessed Value. 35500 RESIDENTIAL INFORMATION Quality Year Built Stones Main SqFt . Upper SqFt Bsmt SqFt Bedrooms Bathrooms (1u11/3/4,1/2) Garage Carport (bsmt/att/bltin) No Residence Information Found. SALE INFORMATION Qt Excise jsale Date Sale Price Grantor Portion of Parcel No Sales Information Found. Yakima County - Washington Land Information Portal Yakima County Assessor 1 Yakima County GIS Yakima County J VALLEY TITLE GL WWW VTGCO C (509) 249-444 Assessor Planning Real Estate FAQ ; Help I Legend 1 Search 1 T Search BTI" Parcel #' i- KL PMR (CRT, Enter a complete c NUMBER. Parcell feast 8 characters. ,button to.cantinue. .1AMAIN AY' MEM 11 MapScale: 1 or—� Overlays Aeri i— FEMA r Confours MapSize: Sma Maps brough Valley Tit/ LV' 6 Yakima Ceu Easting(ft) 1 Northing(ft) r '1 r c I !� O Click Map for Get Information One Inch = 400 Feet Feet 200 400- 600 www (509) Map I PROPERTY PHOTOS J 1 PROPERTY INFORMATION AS OF 4/23/2007 3.01 41 AM Parcel Address: J ST W/HATHAWAY AV, ,WA - ParcelOwner(s). PAUL ADAMS Parcel Number 18131324438 Parcel Size: 0.16 Acre(s) - Property Use. 98 Vacant Land ,:;.... TAX TAX AND ASSESSMENT INFORMATION - — .! Yakima County - Washington Land Information Portal Yakima County Assessor I Yakima County GIS I Yakima County Prudential Almon Realty www aImo ncornrnerci 509 966-3800 Assessor Planning I Real Estate FAQ j Help Legend I Search I T Search Byf I [ 1 I I (` ax " x�N• I+ i) K i HATHAWAY A CRE TRACTS Parcel # Ender a complete c NUMBER. Parcel 1 (east 8 diameters. button to continue. MapScale:. t 0�� Overlays Aeri r FEMA I— contours MapSize• Sm< Maps brough Val ey Ti T Easting(fl) 1 Northing(ft) j Lorgd etE) 1 latitude(N) rE r r . r. Click Map to: Get information EMI CS KVAIL I E7 One Inch =400 Feet :Feet 2 0 400 .. 600 www (509) Map PROPERTY PHOTOS ! PROPERTY INFORMATION AS OF 4/23/2007 3:01 41 AM Parcel Address: J ST W/HATHAWAY AV, ,WA - ParcelOwner(s). PAUL ADAMS Parcel Number 18131324.437 Parcel Size. 0.16 Acre(s) Property Use. 98 Vacant Land -`• TAX AND ASSESSMENT INFORMATION -,r- Tax Code Area (TCA): 335 Tax Year: 2007 -->1' Improvement Value: $0 Land Value: $6250 - re CurrentUse Value 30 CurrentUse Improvement: $0 New Construction: SO Total Assessed Value. 36250 RESIDENTIAL INFORMATION Quality 1YeareBuilt Stories Main SqFt Upper SqFt Bsmt SqFt Bedrooms Bathrooms (full/3/4,12) Garage Carport (bsmt/att/bttin) - _ No Residence Information Found. SALE INFORMATION Qt Excise jSale Date Sale Price Grantor Portion of Parcel No Sales Information Found. Yakima County -Washington Land Information Portal Yakima County Assessor Yakima County GIS Yakima County l Prudential Almon Realty www aImoncommerci NSW. 509 966-3$00 Assessor Planning Real Estate' FAQ j Help -• fG Y.'lb++..-!K�.3sy!ur?s... e.R�!-h..e `.s.•.,...,C-1.. Y.h?,^.-4 _ '•M,.. ~+Cl—i1 1 1 awl J ST WMATHAWAYAV, ,WA - ParcelOwner(S): IN 9 18131324436 Parcel Size:10.16 Acre(s) - -}+r• Property Use. 98 Vacant Land TAX AND ASSESSMENT INFORMATION "�. Tax Code Area (TCA): 335 Tax Year: 2007 Legend' Search 1 T Search By I " Parcel #' JYi 1 I cox uKc PARK (Lar/ Entei a complete c NUMBER-.Parte# I least 8 charadeis. button to continue. MapScale: 1 Overlays Aeri r FEMA r Contours MapSize: TRACTS Maps Brough Valley Tit -- - Q;IIce Easting(ft) 1 Northing(fl) Longitude(E) 1 Latitude(N) rQ r r j r:4 Click Map to: Gel Information One Inch = 400 Feet Feet 200 40 600 -r WW v', (509) Map I PROPERTY PHOTOS 11 PROPERTY INFORMATION AS OF 4/23/2007 3.01 41 AM l 1 1 1 awl Entei a complete c NUMBER-.Parte# I least 8 charadeis. button to continue. MapScale: 1 Overlays Aeri r FEMA r Contours MapSize: TRACTS Maps Brough Valley Tit -- - Q;IIce Easting(ft) 1 Northing(fl) Longitude(E) 1 Latitude(N) rQ r r j r:4 Click Map to: Gel Information One Inch = 400 Feet Feet 200 40 600 -r WW v', (509) Map I PROPERTY PHOTOS 11 PROPERTY INFORMATION AS OF 4/23/2007 3.01 41 AM Parcel Address: J ST WMATHAWAYAV, ,WA - ParcelOwner(S): PAUL ADAMS Parcel Number 18131324436 Parcel Size:10.16 Acre(s) - -}+r• Property Use. 98 Vacant Land TAX AND ASSESSMENT INFORMATION "�. Tax Code Area (TCA): 335 Tax Year: 2007 =1"-,z. Improvement Value. $0 Land Value. 56250 - a "'- r CurrentUse Value. $0 CurrentUse Improvement: 50 New Construction: 50 Total Assessed Value 56250 RESIDENTIAL INFORMATION' 1 Quality (Year Built 1 Stones Main SqFt Upper SqFt Bsmt SqFt Bedrooms Bathrooms (fuIV3/4,12) Garage (bsmt/atVbltin) Carport - No Residence Information Found. SALE INFORMATION Qt Excise Sale Date Sale Price [Grantor Portion of Parcel Nn Salae Infnemafinn Fnund Yakima County -Washington Land Information Portal Yakima County Assessor Yakima County GIS Yakima County Prudential Almon Realty vvww.almoncommerci 509 966-3800 Assessor Planning 1 Real Estate I FAQ Help Legend I Search I T Search By. rp-i. Parc&# T p-ttera CoMpkite c NUMBER. Parcel I !east 8 c,ii#racters. button to continue. MapScale: 1 �r Overlays4e-17i r FEMA r Cohtours MapSize: F. Maps brough Valley Tit -r WWW (509) - Map Easting(ft) 1 Northingt) Logde(E 1 Latitude(N) r • (Q r 0 Click Map to: Get Information Orte Inch = 400 Feet Feet- 200 400 600 PROPERTY PHOTOS _II 1 PROPERTY INFORMATION AS OF 4/23/2007 3:01 41 AM Parcel Address: MADISON AV/J ST W„WA I - Parcel Owner(s): HARLOW PAUL ADAMS - Parcel Number 18131324435 Parcel Size: 0.16 Acre(s) - - Property Use. 98 Vacant Land ' TAX AND ASSESSMENT INFORMATION - ,4,-........? Tax Code Area (TCA): 335 Tax Year 2007 .e.,.:"=-7.......e.iri:',3. Improvement Value: -' - . .;.....,,..--,..F...7,..1 ---,........ , • 4 81000 Land Value. $6250 ..,..Itz, 4- ' CurrentUse Value: SO CurrentUse Improvement: SO .. _ New Construction: so Total Assessed Value. 87250 RESIDENTIAL INFORMATION -I ' Quality iYear Built Stories Main SqFt . Upper SqFt Bsmt SqFt Bedrooms Bathrooms (fulV3/4,1/2) Garage (bsmt/attibltin) Carport - No Residence Information Found. SALE INFORMATION A Qt Excise ISale Date Sale Price Grantor Portion of Parcel No Sales Information Found. COMMUNITY REVIEW BOARD MEETING MINUTES October 17, 2007 5.30 p.m. -Council Chambers -City Hall I. CALL TO ORDER II. ROLL CALL C.R.B. Members Jerry Heyen Jon Hopwood Bob Mason Judy Pozanch John Richards Absent Excused Absence Nestor Hernandez Rockey Marshall III. HEARINGS A. 7408 Englewood Ave. Stephen Harry Moore Code Compliance Case #122281 Staff Joe Caruso Linda Rossignol Royale Schneider Tammy Gilmour Linda did not present this case because the owner passed away She has been corresponding with,the widow and the property is in probate Family came from Sacramento, they secured the house and garage, removed items and junk vehicle There are some other items needing addressed, but the case is put on administrative hold due to the circumstances IV UPDATES A. 1108 W J St. Harlow P Adams/Valley Marine/A Quick Bail Bonds Code Compliance Case #129125 *Start of verbatim transcription. Linda. Actually Jon that hearing is mine also If you might recall it was presented to the Board last month by Royale Schneider because I was out of town at a conference Linda. I am going to pass to my nght some photographs of the property that were taken on September 25`h Additionally, I have photographs that I took this afternoon, and so I have another packet that I will pass also Linda. Royale 'reviewed with me that the Board had requested that all structures on that property be secured by the 24th of September I believe Those pictures were taken on the 25`h They made a pretty fair attempt at securing the house The second story was not secured there is a window on the est side that was not secured. It doesn't seem that it has been compromised at all. The board that was used on a portion of it is not new board but it has not been compromised. It has not been broken into The other structures on the property have never been secured. Linda. Tammy Gilmour and myself walked the six parcels of the property today and there is little else that I can see that has been done on the property I've observed on about two occasions that there has been a couple of guys making some attempts to do something I really can't see that they have made a dent in the property violations at all. As you can see by the pictures there is scattered garbage, there is a tremendous fire load there with wood and debns, several junk vehicles and other garbage and debris. Linda. I see no one in the audience that is here to represent the property and I do see that Mr Forrest Emmons who had been given someauthonty to act in behalf of the property owner did provide at our last hearing a notanzed statement that he was to act in the property owners behalf He is not here this evening. He did ask the Board for a three month extension of time, but the boarded seemed reluctant to give it to him and wanted an update this evening Linda. So it would be as to your discretion this evening but I would recommend standard motion number one that would give them another thirty days of appeal penod but I do recommend standard motion number one with our standard administrative fee of six -hundred dollars and allow the City to move forward with the bid process So that if they would not appeal within thirty days we may have a contractor abate the violations on the property That would be my recommendation. Jon. Is this considered a first time offender? Linda. Yes sir it is Jon. Any comments from the board? Judy• I think if I remember correctly, wasn't this the gentlemen that was in construction and he asked for extra time because he was needing to have his crews be available? He was a landscaper? Jon. Was that this property? Linda. That is correct Judy Judy So this time of year there is probably not a lot of his construction business in that field. Linda. I see by Royale's notes, that he made a comment that the property has not been this distressed until some neighbors moved into the east. I would disagree with that strongly This property has been deteriorating for the last several years actually, and they have ignored it. It has been addressed by our office in the past but not to this Board, but by Notice of Noncompliance Some feeble attempts were made to clean it up, they did put up a site screening fence The site screening fence is totally dilapidated and it is easily accessible Judy• So Mr Emmons really has no legal interest in the property, otherwise he's kind of a caretaker for the owner? Linda. That is correct other than that notanzed statement that Mr Adams provided to us that he can at least act in his behalf. He is not mentioned on a title search, there is not even, as far as I know, an unrecorded real estate contract or pnvate contract between them. It is just I plan to buy it, I am acting in his behalf, but there is no legal interest at all, as far as, on paper John. I think I agree with the standard motion number one Jon. Is there any seconds? Jerry I second. Jon. A motion as been made by John and seconded by Jerry, that we implement standard motion number one, with an administrative fee of $600, if the property is abated within the thirty days It is going to $1000 00 if not. Jon. Any discussion? Jon. Will the clerk please call the roll? Julia. Jerry Heyen Jerry. Aye Julia. Jon Hopwood Jon. Aye Julia. Bob Mason Bob Aye Julia. Judy Pozarich Judy• Aye Julia. John Richards John. Aye Jon. Motion carries five to zero and I will read the Summary of Decision. Code Compliance case #129125, assessor parcel #181313-24435 through 24440, 1108 W J St., Yakima, Washington. Based on the motion passed by the Community Review Board, hereinafter referred to as the C.R.B the Summary of Decision is as follows Based on testimony and documents submitted to the C.R.B the decision of the C.R.B is that the Notice of Illegal Conditions and Determination of Unfitness was and is correct. The conditions described rendered the subject property unfit according to Chapter 11 10 of the Yakima Municipal Code, hereinafter referred to as the YMC The order issued by the director was proper The property owner is a first time offender The subject property is not considered abated at this time The City is hereby authorized to charge the property owner for all City's costs in .this case and if said costs are not paid promptly they shall be assessed against the subject property The City is hereby authonzed to correct any continuing illegal conditions affecting the subject property If the subject property is found not to be secured according to 11 10.230(1) YMC the City is authonzed to secure said property as described in 11 10.230 YMC The property owner has 30 - days from the date of this Summary of Decision to abate the subject property If the property owner abates the subject property within the allowed time penod then the administrative fee shall be $600 If the property owner does not abate the illegal conditions within the allowed time penod the City is hereby authorized to abate the illegal conditions and theadministrative fee shall be $100 The appeal processes is panted on the Summary of Decision. *End of verbatim transcription. B 917 Fenton St. Nelson C Robins/Yakima County Credit Service, Inc.Beneficial Wash Inc Code Compliance Case #118356 On September 5th the Board heard testimony from Nelson Robins and his mother because of monetary hardships and sufficient progress, an extension was granted. A Summary of Decision was issued but put on hold. Royale showed pictures that proved no improvements had been made Royale recommended the May 21, 2007 Summary of Decision be in affect so the City can proceed with abatement. The Board agreed. C 1620 S 8th Ave. Michael D & Gayleen Lindell/Countrywide Home Loans, Inc Code Compliance Case #123035 Tammy reported the property is completely cleaned. The case was abated and closed. V CODE ADMINISTRATION MANAGER'S STATUS REPORT A. None VI. NEW BUSINESS A. None VII. OLD BUSINESS A. Joe encouraged the public to call the hotline if they see any buildings that are open to unauthorized entry as people will be seeking out shelter during the winter months VIII. ADJOURNMENT The meeting was adjourned at 5 51 Chairman COMMUNITY REVIEW BOARD MEETING MINUTES September 19, 2007 5:30 p.m. -Council Chambers -City Hall I. CALL TO ORDER II. ROLL CALL C.R.B. Members Staff Nestor Hernandez Joe Caruso Jon Hopwood Tammy Gilmour Rockey Marshall Royale Schneider Bob Mason Judy Pozanch John Richards Excused Absence Jerry Heyen III. HEARINGS A. 1108 W J St. Harlow P Adams/Valley Manne, Inc./A Quick Bail Bonds Code Compliance Case #129125 *Start of verbatim transcription Jon Please raise your. nght hand. Do you swear or affirm that the testimony that you shall give in this case and all the cases before this Board, this day will be the truth, the whole truth and nothing but the truth? Royale I do Jon State your name and position with the City please Royale Royale Schneider, Code Compliance Officer Jon Thank you, go ahead. Royale This case actually is one of my co-worker, Linda Rossignol's cases. However, she is at a conference the remainder of this week so I am going to present this case on her behalf. Although no complaints were received, she actually had seen the property in Apnl of this year, 2007 and taken notice of it. But during the emphasis sweep in June and July she did get a chance to go by there with a Police Officer walk around and take quite a few photos and note the condition of the property She did get the telephone number for the property owner from Tammy Gilmour who had it from previous dealings and left a message for the property owner to call. That was actually on June 27th She didn't hear anything from the property owner- and on August 21St after receiving a title report issued a Notice of Illegal Conditions and set the hearing date for tomght. As you can see by the pictures that are flipping through on the T V right there it's a large piece of property There are six contiguous parcels on here all owned by Mr Adams The Notice of Illegal Conditions, like I said was mailed out on August 215` and on August 28th it was posted, the Notice of Illegal Conditions was posted on the front fence near the entrance of the property to the house. Five of these lots are for the most part vacant and there is an old single family residence on one parcel so she posted nght there by the house On the 14`h of September she received a call from Sandra Brigham. Sandra had expressed having interest in the property, and that Mr Adams was over on the west side doing some work and didn't really have any contact information for him. But Sandra did want to start working on the problem and had asked for an extension for tonight's hearing, which unfortunately with it already scheduled Linda couldn't accommodate But did talk with her at length since her name didn't show up on the title report and she said she was speaking on behalf of her son, Mr Forrest Emmons, and Mr Adams so they did provide me, and I am going to pass this around, and I would like it back. They did provide me a notanzed letter from Mr Adams giving Mr Forrest Emmons permission to speak on his behalf for his properties So although he doesn't have a legal interest as far as the title report Mr Emmons can speak on behalf of Mr Adams here today Mr Emmons has apparently worked with Mr Adams for quite a while and had intended to buy this property but not actual paperwork or anything has been filed at this point. He does express an interest in cleaning it up and getting it into compliance so we ask that Sandra who is, I'm sorry, is Mr Emmons' mom, they are both here tonight. At our 48-hour inspection on Monday the 17th we showed up apparently just after a gentleman by the name of Joseph had amved at the property to start cleaning up At that time no -no progress had been made, but Joseph stated that he was hired by Sandra to start working on the property and he certainly had his work cut out for him. We didn't take any updated pictures, because there was no progress to really note at that time Later in the afternoon, Sandra did call and talked with Linda about tonight's heanng, how the heanng process goes and you know the time to be here, so that she could address the Board on their plans for the property I did not get out today to take any updated photos, I will leave that to Mr Emmons and Ms Bngham to explain to you what they have done since the 48-hour inspection. But it is like I said six contiguous pieces of property so it is a large area, and I am sure they made some progress, but my theones on having it abated by now are very muumal because it is so big and so many issues to accomplish. Before I turn the podium over I would like to express the City's interest, actually the City's request, we're actually asking that the Board grant us authonty to immediately board up all structures and provide the standard 30 -day appeal penod and whatever administrative fees you see fit. But like I said Mr Emmons is in the crowd as well as Ms Brigham so you can chat with them if you would like, but we did want to let you know what our recommendation was going to be before you speaking with them. Bob Is this a first time offender? Royale For the Community Review Board, yes it is We did address the property in 2004 for similar conditions but it didn't progress into a Community Review Board case Jon. So there has been nothing done to the property since you have taken these pictures that we received. Royale As of the 48-hour inspection, no, but that was on Monday during the day, so they very well could of made progress between then and now but because the property is so huge and there is so much to do, abatement of the property is highly unlikely Jon. Ok. Joe And also Just for the Board to let them know our decision on this to board up immediately; the probability of illegal unauthorized entry is that the percentage goes up a lot higher now with the weather We are getting a change of weather, people are looking for shelter at night with the temperatures dropping, so we are going to be very proactive this year especially this time of year going into the pre winter months Rockey Joe when you say take immediate response to board it up, what kind of a time frame does that take? Will you have to select a contractor? Joe We'll contact contractors, we have a few contractors that we deal with and on an emergency basis we will, whoever can -get to it quickest for us. Then usually it takes obviously Rocky you know if a contractor is in the middle of a job and they can't do it, we Just keep on moving until we can get the quickest penod of time before it gets boarded up Royale Two or three days is about our limit on letting it sit out any further Joe Sometimes we make a phone call and, we have it done the same day, if everything falls right, you know if the contractor has availability Rockey And I guess when they come up to talk about the property, I guess if it is going to take us two or three days to get it boarded up they're on site addressing the problem now I guess if they can bring it into compliance and board it all up, then what is the need for the City to be involved in doing it? Joe No, there is no need, we are Just recommending we want the structure boarded up immediately If it is done by the City or by the applicants here, that is fine with us also Rocky. Okay that is fine, I misunderstood I thought that you were wanting us to approve the city doing that. Joe That is our position that the end result that is what we want after tonight's heanng, whether it comes from us or the applicant. Royale Are there any other questions? Jon. It doesn't appear so Royale Would you like to hear from Mr Emmons? John. Yes please Forrest Emmons Good Evening. Jon. Can you raise your nght first hand please? Forrest. I sure will. Jon. Do you swear or affirm that the testimony that you shall give this case before this Board will be the truth, the whole truth and nothing but the truth? Forrest: I do John. Please state your name and address. Forrest: Forrest Emmons, 4004 Logan Place, Yakima Washington. Jon. Thank you, go ahead. Forrest: Well as you guys have dust discussed the secunty on this property is an issue, it has been an ongoing issue because of the demographics of the property As you asked is it something that has been addressed in 2002, the property was set up and secured to meet all the codes Sometime within the last three months, someone has come in and pulled off the boards, and re-entered the property, it was dust brought to our attention so I do have people that are available to go and do this If you guys want it done by Monday, I can have it done over the weekend by pulling my crew off of where they are working, I am a contractor and do do similar things In fact we just did something similar as to this for the City of Toppenish for a project on a property there. So we can do it and have it done by Monday for you guys. And I do agree that the security is a major issue there Forrest: I say Monday and not tomorrow, the following day because as you can see by the pictures people have actually hauled stuff into the building and we need time to bnng trailers in and haul that stuff out of the building and then board the building up, after that. We even had fences up and whoever has gone in there recently as even stolen the fence, actually the gate to access the property Joe Just to let you know Mr Emmons, the reason we take this approach is because we have a lot of fires this time of year for abandoned buildings you know with the temperature, people looking for shelter, so if you want to board it up, that is fine with us At the end of your work day if you want to just board it up and take the boards off to get in and out of the house that is fine also, so at least when you leave the property that night the place is secure You come back the next day just take the screws out of the plywood and you can get back in and out of the building again. We prefer that way instead of leaving it, if you are going to be there everyday Forrest. Well what I planned on is actually sending a crew in there I am pretty booked out until Thursday evening or Fnday morning; sending a crew in there, cleaning the heck out of the thing getting it empty and then boarding the snot out of a thing, as far as nails go so it will not be easily accessible for someone to come in there Joe Well we have a standard that you have to follow, Royale will give you a copy of that standard. Forrest: Well we did that before and they got by it this time, we did follow that standard and boarding that up and believe me it was not easy for the people that got m there to get in there but they are pretty determined. As you mentioned with the weather changing and the temperatures going down at night people start looking for what I call nesting places that no one is going to find them. Joe This is a large property Forrest. As far as the other concerns on it there is a lot of debris even looking from these pictures and walking the property that was not there three months ago when we walked through the property and we will address that I want to ask for some more time to address that it is a very very large property so it is nothing that I can see us getting done in a month time or even two months time, I am thinking three months time to clean the whole place up and get it looking good and getting all the debns off of the property Joe Will there be any way to limit access once you get back on the property? This gate or whatever, so you won't have any excessive dumping after your doing the clean up at the same time. Forrest. Yes. My first pnonty is of course secunng the structure, my second pnonty is limiting access to the property by one putting a new fence back up and then putting chains. around that so they can't Just take off the hardware and carry the actual gate away and take it to wherever they want to take it. So yeah the property is pretty secure except for two entnes that have been compromised so we are going to look at those and get those gated up and get it locked up tight. Nestor How many parcels are there? Joe Six. Forrest. Any questions? I guess that is all I really got to say about the property Nestor When did you find out about the notice of complaint? Forrest. Actually when I am in the area I dnve by the property this is my busy season so I haven't been by the property lately, last week I was at a supplier; which is HD Fowler right around the corner from there and as I was leaving to get back on the freeway I thought let me go by dnve by West J and check on things so of course I noticed the fence that was down, the gate that was down, and then I noticed the postings and then I got on the phone immediately and started making plans and asked my mother to make phone calls and find out what was going on, so I noticed it last week, is the answer to that question. Jon. How long have you been in control of this property? Forrest. Actually I helped Paul out with the property, Paul is still the owner on the property and I in 2002 came m gated up the property put up a fence, put up a gates and secured the property for Paul and I go by and check on it, so it has been since 2002 that I have been checking on the property off and on for him. We are now in agreement that he is going to sell the property to me and that I will be in complete full control, financially and everything else for the property Jon. So the condition that it is in now happened between 2002 and now? In 2002 it was cleaned up and somebody Just come in and taken the gate off? Forrest. Yeah 2002 it had been secured, the house had been secured, the property had been secured from people getting in and doing further dumping; we took away a lot of the debris there are trucks on there that belong to Paul from his old business years ago, so no nobody has brought the vehicles and that type of stuff in, but people have been coming in and dumping debns and I see mattress, tires, and things that do not look familiar to me So yeah in 2002 the whole place was cleaned up minus you know moving the old vehicles off of there But we did erect a high fence so it would not be an eye sore to people Forrest's Mother from the Audience It has dust been in the last three to six months that this has gotten totally out of control and the fire division (some inaudible speaking) Jon. Excuse me ma'am if you want to make testimony you must come up to the podium. Forrest: What my mother is refemng to off record is that there is a property on the corner that has been vacant for a matter of years That property is dust newly occupied within the last year They did put a hole in the fence I believe, I don't to sit here and accuse anybody but I believe that they are the people that actually opened up the house Whoever was in there pulled drywall off the wall. They have taken any bits of copper pipe that are there The water heater is gone There is an old Clawfoot bathtub that was upstairs, gone And that is pretty heavy to take out of there All the radiators in all the vehicles they've opened them up and pulled them out. So it looks like someone was scrapping taking all the metal they could find and taking it to their scrap yard. They do have a hole in the fence that goes next door and we have, we covered, we had an old saw mill that we used to cut lumber We had a lot of lumber planks stacked up in the garage, that was on top of dunnage that we had in there We found a lot of that lumber over in their yard. We confronted them about and they just said we don't know anything about it. We've had equipment that was stolen from there, a large stump gnnder, which is a very expensive piece of equipment, that we reported to the Yakima Police Department. They took a report on it, we couldn't find it. About a month later I did find it ,lust by driving down the road and said what the heck that's my stump gnnder The people that's house I found it at, they are not related to, but they are associated with the people that live next door So we're pretty sure that, that's what's going on and what's opened up this can of worms Rockey• You had made a comment that you need three months to clean the property up I guess what is your plan for cleaning up the property Do you plan on having a crew there from start to finish. Is this going to be a hit and miss, where you come in one week, do some work, move onto another project, and come back to this. What is the plan? Forrest: Well, I'll fill you in a little bit on that. Right now, like I said, is my busy season, I am a contractor We mostly do commercial landscape construction, and we do a lot of scenic work stuff We are at the tale end of our busy season so we're starting to slow down. What my plan is to keep my crews on, bung them over there a couple days a week. We want to start with hauling off the vehicles Which, actually, I don't need my crews for that I can call poor boys, or one of the wrecking yards, get those vehicles out of there Then all the brush, all the tires, and debns that we see m there I want to get m there and pull that out. So we're looking at about a month of probably Just pulling vehicles out, pulling tires, pulling you know all of the debris we see in there, out of there Then after that, there is some, as you see in the pictures some large logs and stuff that Paul has over the years hauled in there Those things are very heavy and cumbersome So it's going to take us a lot of moving those around, propping them up so we can saw them into manageable pieces, and getting those out of there. So that's where a lot of the time is going to be invested into The house itself, the debns in the house, within a weekend I know I can get that out of there I want to get that out of there before I can actually board that thing up tight. So that's why I'm looking for the time There's a lot of stuff that's been in there for a long time that is not even in the pictures that I want to get out of there completely Did that answer your question Rockey John. And the weather will not have any implication or take any extra time there if it's snowing or ? Forrest. No a lot of the stuff there, like the logs of course we'll have to Just bnng in trucks and log jams to pull them out, prop them up and cut them. But the weather shouldn't really affect us on that. Joe I would say the City is satisfied with the gentleman closing the place up and cleaning it up by next Monday or Tuesday On that issue alone It is the Board's decision, I think they're making a good attempt. But dust to let you know, Mr Adams is still the legal owner even though you're the agent, let's just say hypothetically, it doesn't get cleaned up, well he will be noticed because he is still the legal owner Even though you are his representative Forrest: Not a problem. Joe Ok. Forrest. Any other questions, or anyone have anything further for me? Nestor. I recommend we check in 30 -day too see if any progress has been done on the property Judy• I agree with that but I would like to check Monday or Tuesday too, to make sure it's secure So, checking twice there If there is progress after 30 -days Forrest: How often does the Board meet? Is it monthly? Joe The first and third Wednesday of each month, if we have hearings Forrest. I don't even have an issue with the time frame I am asking for if you guys allow me that time, coming back in and doing a report for you guys as to where we are at. I don't have an issue with that at all so Joe Well I don't know if you understood what Judy said that we'll come back in 30 -days. It is not necessary for you to come back. We'll just get some pictures a day or two before and just compare to see if there's any progress and then we can extend another 30 -days for you and just go nght through the process. Forrest: Ok. Sounds great. Jon. Is that satisfactory to the Board? Bob Sounds good. Jon. Sounds like we have a consensus if that's what we'll do We'll ah probably be boarded by Monday at 5 00 Joe Can you do it Monday or do you need Tuesday Forrest. We'll have it done this weekend. Joe Do you recognize that if it doesn't happen the City can Board it up Forrest. Uh yeah. Joe Let's go by 3 00 on Monday, I have a good feeling that it's going to be boarded up Jon And then we'll extend the case for 30 -days, at which time we'll review and if satisfactory progress has been made we'll extend it a second 30 -days Again, we'll review it after the 60 -days Forrest. Thank you very much for you guy's help, you guys have a great evening. Jon. Thank you. *End of verbatim transcription. B 615 Pleasant Ave. Bishop, White & Marshall, P S./Federal Home Loan Mortgage Corp Code Compliance Case #120558 This case was started in March of 2007 At that time a deceased woman was the owner Royale spoke to a gentleman at the property and told him what needed to be done No change took place Royale ordered an updated to the title report and saw that the bank had foreclosed on the property Royale started a C.R.B case After sending notice Royale received a call from Sherry Stafford, the resident, stating that everything was cleaned up Royale went by at her 48-hour inspection and saw that the property was practically raked clean. The case was abated and closed. C 2101 Englewood Ave. US Bank National Association Code Compliance Case #126661 Tammy testified on this case This case was started in July There was a huge accumulation of debris and the structure was unsecured. Tammy tried to contact US Bank several times No response and no change in the property Finally she heard from Matt Retalske with property preservation with Welsher Credit Corporation. He told Tammy that they have interest in the property and wanted to clean it up He faxed Tammy a letter; she read it to the Board. There is a pending claim ordered exterior debns removed. He requested a two week or 30 -day extension. Tammy said she had the buildings secured twice Rockey moved to accept Standard Motion #1 with 30 -day appeal penod and $300 in administrative fees, increasing to $1000 if the property is not abated at the end of the 30 -day appeal penod. The motion passed 5-0 IV. UPDATE A. 1505 & 1507 S. 16th St. Bill & Lajuana Spurlock/Judy Lowery Code Compliance Case #120247 Tammy said the Board heard this case three different times. Tammy said there has some progress but the property is not abated. They cleared out two storage sheds and some items in the back. Joe stated that discussion took place about the City having the items removed and stored in a different location. Judy asked if costs would be associated with that, Joe said yes Patnck Lowery was sworn in to testify, 1890 Pleasant Hill Rd., Selah. He said he hired several people to move the stuff for him an he rented a storage umt. He said he is keeping the fire wood to use for heat. Rockey did not see very much progress and ample time has been given. Mr Lowery said that he took a week off work to work on the property John asked if the property would be abated by next week. Mr Lowery said yes Judy made a motion to accept Standard Motion #1, Rockey seconded, with $300 in administrative fees (increasing to $2000 if the property is not abated at the end of 30 -day appeal penod) The motion passed 4-2 Mrs. Lowery did not understand why a decision was made She said she had been working on the property all along. Joe told Mrs Lowery that she had 30 -days to clean up the entire property He also explained the administrative fees V CODE ADMINISTRATION MANAGER'S STATUS REPORT A. None VI. NEW BUSINESS A. Joe said there will no longer be minutes transcribed for the hearings VII. OLD BUSINESS A. None VIII. ADJOURNMENT The meeting was adjourned at 6 37 To whom it may concern: RECEIVED SEP 1 0 2007 CODE I Harlow P Adams Give Forrest Emmons pfrnussion to represent my interest in all matters concerning my interest and ownership in the property located at West J Street parcel #s 1813132435 through #1813132440 and parcel# 181326-43402 at 1306 s 20th Ave all adjoining lots and or parcels in my ownership. It is my intent to sign over ownership of these parcels to Forrest at my earliest opportunity so that they can be better locally managed. Until the time of title transfer please extend to Forrest any and all rights of representation of ownership so that he can properly manage these properties. Thank you for you're cooperation in this matter Harlow Paul Adams i (jib % rV �i `� ys 1 '�'� Date -¢/J •5r D 7 ,41/ Zi -410.74 Please return to - City of Yakima Office of Code Administration 129 N. 2"d St. Yakima, WA 98901 COMMUNITY REVIEW BOARD SUMMARY OF DECISION On September 19, 2007 and October 17, 2007, the Community Review Board conducted a public hearing to consider the Notice. and Order dated August 21, 2007, regarding the Subject Property at 1108 W J St The Board decided: "The record in this case includes the documents submitted to the Board and the list of materials provided by the Code Administration Division and the testimony given by Linda Rossignol, the Code Compliance Officer. The Notice of Illegal Conditions and Determination of Unfitness dated August 21, 2007, was, and is, correct Theconditions described rendered the subject property unfit under Chapter 11.10 of the Yakima Municipal Code. The order issued by the Director was proper. The illegal conditions were not corrected by the original compliance deadline. Administrative fees in the amount of $600 (increasing to $1000 if the City must correct any illegal conditions) plus any City's cost (including the title search) to correct any continuing illegal conditions shall be charged to the owner and assessed against the subject property if the owner fails to pay them promptly " 1. Property Owner 2. Location: 3. Assessor's Parcel #• 4. Case Number. 5. Legal Description: Fmdines Harlow P Adams aka Paul,Adarns/Travis L. Coleman/ A Quick Bail Bonds 1108W JSt 181313-24435,181313-24436,181313-24437, 181313-24438,181313-24439,181313-24440 129125 Lots 15, 16, 17, 18, 19, and 20, Cox Addn., as recorded in Volume "H" of Plats, Page 22, records of Yakima County Appeal: The owner or any interested party may, within thirty days from the date of service and posting of an order issued by the Board under the provisions of Chapter 11 10 YMC, file an appeal by filing a written Notice of Appeal with the City Clerk setting out the reasons he or she believes the determination or order of the Board to be erroneous. The appellant must elect whether the appeal shall be heard by the City Council or the Hearing Examiner The decision of the appeal decision -maker chosen by the appellant shall be final, without recourse to the other, and only appealable to the Superior Court. An appeal fee of $100 is required. PASSED BY THE COMMUNITY REVIEW BOARD, at a regular meeting and signed and approved this 17th Day of October, 2007 ATTEST ( r Cleric ofthe Board" Date: ug Maples, Code Administ{ation Manager .� rR m ru N m D rR Ll r'U D D N EL FIE.i IU ret[ E EGEt fi estr Mas(Onfy-Neifnsurance,Coverage<P_rovrded Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ?_I(P) Postmark Here A Quick Bail Bonds P O Box 1634 Okanogan, WA 98840 :-,�r""'E .See:Aeverseforrastiucems rI m ti N m D D r -R Lr) ru D r- u-] u-] m ru N m D rR u1 r1J D D N �sfatServi[ce, Y Y [E[ED NU LL RE0E1 amesbclGlarr©nfy fllCaInsura ice CovverageProi i� Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) a`A, Postmark Here Harlow P Adams, aka.EfaullAdinnis 1306 S 20t Ave. Yakuna, WA 98902 PSftiarnE380ff, June20 ., ee- ey se•,fdcinstructiarls' tea:: aS1 a Setvrc T[E[EONEI vmesheRitaikOfl Na insurance Coverageprovfile OFFICIAL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $ Travis L Coleman _ se c/o Valley Marine ar 1904 Fruitvale Blvd. -6 Yakima, WA 98902 t?S Form 36d�June 2UUL" See Reverse<for tnstructjons SENDER COMPLETE THIS SECTIO ■ 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 the front if space permits. 1 Article Addressed to: Harlow P Adams, aka Paul Adams 1306 S 20th Ave. Yakima, WA 98902 5114,ktibizarg(04 2 7004 2510 0003 8723 1r COMPLETE THIS SECTION -ON DELIVERY. 0 C. Date D. Is delivery address d t from item 1? If YES, enter delivery address below: gent Addresser iver) 3y6tarvice Type rig Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 1760 0 Yes PS Form 3811, February 2004 Domestic Return Receipt ;.102595 -02 -M -1S DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT William R. Cook, Director Doug Maples, CBO, Code Admin. and Planning Manager Office of Code Administration 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 • Fax (509) 576-6576 NOTICE OF ILLEGAL CONDITIONS/DETERMINATION OF UNFITNESS ORDER REQUIRING CORRECTION August 21, 2007 Sent Via Regular and Certified Mail, Return Receipt Requested According to the records of the Yakima County and a duly obtained Title Report, the following listed names are parties of record having a financial interest in the "Street Address of Property" line below Harlow P Adams, aka. Paul Adams A single person 1306 South 20th Avenue Yakima, WA 98902 Travis L Coleman c/o Valley Manne 1904 Fruitvale Blvd Yakima, WA 98902 A Quick Bail Bonds PO Box 1634 Okanogan, WA 98840 RE Code Compliance Case # 129125 Dear Concerned Parties According to the records of the Yakima County Auditor, you have interest in the property at Street address of property: 1108 West J Street, Yakima, Washington Assessor's Parcel Number: 181313-24435, 181313-24436, 181313-24437, 181313- 24438, 181313-24439, and 181313-24440 www cz.yakima.wa us • codes@ci.vakzma.wa.us 1 Yakima Legal Description. Lots 15, 16, 17, 18, 19, and 20, Cox Addition, as recorded in Volume "h" of Plats, Page 22, records of Yakima County, Washington City of Yakima Code Compliance staff inspected your property on April 9th and August 2, 2007 NOTICE OF ILLEGAL CONDITIONS/DETERMINATION OF UNFITNESS Your property violates Chapter 11 10 of the Yakima Municipal Code because of the Illegal Conditions described below and shown in the enclosed photographs The excessive accumulation tall, dry weeds and vegetative debris, wood and metal debris; tires; broken and scattered limbs, large piles of lumber, wood, Limbs and brush; scattered trash and garbage; graffiti; mattresses; junk vehicles, trailers, concrete block; bags of garbage; furniture; cardboard boxes, old metal equipment; pipes, and other miscellaneous debris. The single-family residence is open to unauthorized entry, it is unattended and open to vagrants and children and appears to have been utilized by homeless people and/or vandals). It is full of garbage, wood debris, hanging insulation, and other trash and debris. The out buildings on the subject properties are open, and or otherwise unattended. The subject property constitutes a danger and an attractive nuisance to children and detriment to the value of surrounding properties. These Illegal conditions are shown on the photographs enclosed with this Notice and Order. ORDER REQUIRING CORRECTION You are ordered to correct the Illegal Conditions described above by completing the following on or before September 17. 2007 • Secure all exterior openings of the buildings by minimum half inch plywood cut to fit the openings and fastened to the building by minimum one and a quarter inch long sheetrock screws at six inches on center around said openings, or by such alternative materials and/or methods as determined by the director or his designee may determine are adequate to make the dwellings, buildings, structures, premises or portions thereof weather -tight and to ensure that it is secure against unauthorized entry; • Disconnect all utilities, including electricity, gas and water; • Remove any graffiti and keep the subject property free of graffiti, 2 • Maintain the premises generally free of any vegetation or other matter that may constitute a nuisance or a fire hazard (cut all vegetation to a maximum height of three (3) inches, removing all resulting debris; ® Remove all tall, dry weeds and vegetative debris, wood and metal debris, tires, broken and scattered limbs; large piles of lumber, wood, limbs and brush; scattered trash and garbage; graffiti; mattresses; junk vehicles; trailers, concrete block; bags of garbage; furniture; cardboard boxes; old metal equipment; pipes, and other miscellaneous debris from the subject property YOUR OPTIONS 1 Correct the Illegal Conditions before the deadline. City staff will re -inspect your property on September 17, 2007 If you correct the Illegal Conditions before re -inspection, the City will close this case, and will not seek to recover any of its costs to inspect your property or to start this enforcement action. 2. Voluntary Correction Agreement. For first-time offenders, the director may negotiate a voluntary correction agreement with the owner of a dwelling, building, structure, or other premises the director determines is unfit for human habitation or other uses 3. Dispute. If you disagree with this Notice and Order, you are entitled to file a written statement of your reasons Whether or not you file such a statement, you are entitled to appear in person and to testify before the Community Review Board, which will review your case if you fail to either correct the Illegal Conditions or enter into a Voluntary Correction Agreement 4. Do Nothing. The Community Review Board will review your property and this Notice and Order if you fail to respond REVIEW BY COMMUNITY REVIEW BOARD The Illegal Conditions on your property and this Notice and Order are scheduled for review by the Community Review Board as follows Date September 19, 2007 Time 5 30 p m. Place City Council Chambers 129 N 2nd Street (City Hall) Yakima, Washington 3 City staff will report to the Commumty Review Board on the status of your property, including whether the Illegal Conditions were corrected. The Community Review Board may confirm City staff's determination that Illegal Conditions on your property require corrective action, in whicli event it may 1 Authorize City staff to correct the Illegal Conditions,at your expense 2 Require you to pay the costs incurred by the City to close this case If you fail to pay the City's costs in a timely manner, a lien will be filed on your property If the Illegal Conditions are not corrected before the deadline, the City may further pursue civil and/or criminal enforcement actions, in addition to other actions authonzed under Chapter 11 10 YMC The director may waive the city's costs and/or administrative fees for a first offense if the illegal conditions are corrected at least forty-eight (48) hours pnor to the board heanng. However, it is the City's policy that repeat offenders may be prosecuted. You may be eligible for assistance provided by the City For additional information on eligibility requirements and available assistance call the City of Yakima Office of Neighborhood Development Services (ONDS) at 575-6101 You may also investigate other programs and community resources, which may assist you to correct the Illegal Condition(s) You may contact Linda Rossignol, Code Compliance Officer, (509) 575-6258, if you have any' questions about this Notice and Order CITY OF YAKIMA v Doug Maples, C.B 0 Code Administration and Planning Manager Enclosures 4 DECLARATION OF SERVICE 1 certify under penalty of perjury under the laws of the State of Washington that the following is true and correct, based on my own personal knowledge of the following facts On September 21, 2007, I deposited with the United States Postal Service, via Certified Mail, postage prepaid, return receipt requested, and via regular mail, a Notice of Illegal Conditions/Determination of Unfitness and Order (four pages in length), which was addressed to the following persons at their last known address Harlow P Adams, aka. Paul Adams A single person 1306 South 20th Avenue Yakima, WA 98902 Travis L Coleman c/o Valley Marine 1904 Fruitvale Blvd Yakima, WA 98902 A Quick Bail Bonds PO Box 1634 Okanogan, WA 98840 As of the date hereof, the above-named persons constitute all persons shown as having an interest in the real property made a subject hereof as reflected on a duly obtained title report and whose whereabouts are known to me in my exercise of reasonable diligence to ascertain. the same Dated this 21st day September, 2007 at Yakima, WA.,) L160 Rossignol C de Compliance Officer ihmerit4vii, I IMP vi~ kWh 11111AWIdibt ‘01111b 11411110011111111.0 irs:111111 'ark L. light ivalusaila Alin— v.' Vig !VI a", btu Aftwilleakereratibitiklib 111111411.611 . 6--,r Whoa •n tr- S ►'• 1108 West J Street. Vacant, unattended house; open to unauthorszed entry. Graffito. Taken 8/2/07, LR 1108 W J St Six lot contiluous parcels, unattended with open buildings and excess garbage 8/2/07, LR Ai r 1108 W J St. Excessive garbage, debris, brush and weeds 8/2/07, LR 1108 West J St. House is open to unauthorized entry. Excessive garbage and debris. 8/2/07, LR WM, aft. 1108 West J St. House is unattended, open, vandalized and full of debris. 8/1/07, LR 1108 W J St House is vacant; open to unauthorized entry; vandalized. 8/1/07, LR 1108 W J St. Vacant, unattended house; full of garbage, wood debris. 8/1/07, LR 1108 W J St. Six lot contk uous parcels; overgrown with weeds, excess dunk vehicles, tires 8/1/07, LR 1108 W J St Unattended, six lot contiguous lots; tall, dry weeds; trailers, open buildings, junk vehicles 8/1/07, LR ... ...- . ....>. :.* .- .J+ ..1 , r a r 4 M 1108 W J St. Unattended properties. Scattered garbage & weeds. 8/1/07, LR > i�'t_+�. +` +�• " 1108 W J St. Unattended properties; tall weeds; brick debris. 8/1/07, LR 1108 W J St. Vacant, unattended house; appears to be used by homeless. 8/1/07, LR 1108 W J St. Vacant house; excessive garbage. 8/1/07, LR 1108 W J St. Vacant, unattended house and property; house open to unauthorized entry. 8/1/07, LR 1 1108 W J St. Excessive junk vehicles and metal debris. 8/1/07, LR . IY va ilfrew 1108 W J St. Six contigous parcels; piles of brush, wood debris, garbage. 8/2/07, LR 1108 W J St. Cardboard; furniture, garbage, debris. Taken 8/2/07, LR 1108 W J St. Six contiguous Tots; unattended; Targe piles of limbs, wood debris, brush. 8/2/07, LR 1108 W J St. Old machinery; metal debris; weeds, garbage.. 88//2/07, LR • 1108 W J St. Six contiguous parcels; tall weeds; junk truck and metal debris. 8/2/07, LR 1108 W J St. Six contigous parcels. Unattended; excessive wood debris. 8/2/07, LR 1108 W J St. Six contiguous parcels; unattended, Graffiti, tall weeds; excessive wood debris, 8/2/07, LR 1108 W J St. Six contiguous, unattended lots; metal debris (piping); scattered garbage. 8/2/07, LR 1108 W J St. Six contiguous, unattended Tots. Buildings are open; excessive garbage, weeds. 8/2/07, LR 1108 W J St. Six contigous parcels; tall weeds; excessive wood debris; garbage. 8/2/07, LR 1108 W J St. Six contigous Tots, unattended; excessive weeds; brush, limbs, wood & metal debris. 8/2/07, ILR 1108 W J St. Six contiguous parcels; unattended, with weeds and garbage along r/w. 8/2/07, LR 1108 W J St. Unattended properties; Weeds, garbage. 8/2/07, LR • - ^442- • ;Ow , ' ' • - , • , 4 4*„. ' • • - L„, ',4•- • *- - It Nt• • 1108 W J Street. Posting of the CRB Decision. Taken 10-24-07 by RS 11,•Jz.- • - • • • — • • , _.• ' .1A ,ari 1,12' x • • - • • "_ • •-. • - ' • 1108 W. J Street. Posting of the CRB Decision Taken 10-24-07 by RS. �,r r,► ter/ i! ` k• - 1108 W. J Street. Posting of the CRB Decision Taken 10-24-07 by RS. 1108 W. J Street. Posting of the CRB Decision Taken 10-24-07 by RS .. - y--''` ..eve 1108 W. J Street Posting of the CRB Decision Taken 10-24-07 by RS. 1108 West J St Updated photo taken 10/17/07, LR 1108 West J St Updated photo taken 16/11/07, LT 1108 West J St Updated photo taken 10/17/07, LR 4it .7 - ' ,,i..x..-- li • , :..... ..„.„. 1. • . -- -... ^3 - f..„,_ lb. -••• • , •••Y4_414 •". jtaeor +. _ 4•07' 4,..5..... -i.' 4: -.11,..+4.)„,eit ,6f,- ' , . • . k•q- --, .. • „, • , ..4,--' ••••:: , .Lik;,-ve ,,,,,, .. q. : . •. ', ... • , . • •-• • et.' • .*.; • . t ' . t.)•••• • - 1108 West J St. Updated photo taken 10/17/07, LR YYl✓ i� „ter. 1108 West J St. Updated photo taken 10/17/07, LR 1108 West J St Updated photo taken 10/17/07, LR • • • • '111111111.4111i • • 1108 West J St Updated photo taken 10/17/07, LR MiNEINE"ilIM . • 'RF` 7 - t7oievan. 1108 West J St Updated photo taken 10/17/07, LR 1108 West J St Updated photo taken 10/17/07, LR �'�., s� tea.. -4 "� 't _ .. - • rr... 1108 West J St. Updated photo taken 10/17/07, LR 1108 West J Street. Taken 9/25/07, of the boarding of the front door LR 1108 West J Street. Taken 9/25/07, of the boarding of theIront door. LR 1108 West J Street. Taken 9/25/07, of the boarding of a side window. LR 1108 West J Street Taken 9/25/07, of the boarding of a side door LR 1108 West J Street Taken 9/25/07, of an upstairs, open window. LR 1108 West J Street Taken 9/25/07, of an unsecured outbuilding and other debris ^ LR 1108 West J Street Taken 9/25/07, of an unsecured outbuilding and other debns. LR 1108 West J Street. Taken 9/25/07, of a pickup overloaded with branches and debris. LR 1108 West J Street Taken 9/25/07, junk vehicle, metal debris and other debris LR 1108 West J Street. Taken 9/25/07, pile of limbs and vegetative debris LR 1108 West J St. 48-hour update photograph (no changes at subject property) Taken 9/17/07, LR 1108 West J St. Posting of Notice of Illegal Conditions, Taken 8/28/07, LR Complaints System CC COMPLAINT ENTRY 1 TYPE 205 CA - MULTIPLE VIOLATIONS 2 DEPT 022 CODE ADMINISTRATION COMPLAINT # CC0 129125 3 Reported by YPD 4 Phone # 5 Does Caller Wish to be Anonymous? N 6 Address 7 City Zip 8 Incdt Address 1108 W J ST 10 CALL BACK? 9 City YAKIMA Zip 98902 1 Date called 12 Complaint Detail (Type <ESC> -F to exit this field!) SIX CONTIGUOUS LOTS (SAME OWNERSHIP), VACANT, OPEN STRUCTURES (APPEAR TO BE USED BY HOMELESS), VANDALIZED, WEEDY, JUNK VEHICLES, AND TRAILERS, EXCESSIVE WOOD DEBRIS,TIRES, GARBAGE, ETC 1 13 Recvd by lrossign 15 Date 08-21-20077 Bus Route 1 14 Title CCO 16 Time 02.32PM 18 Bus. No. 1 19 Route to 1) CODES 20 Referred to 1) LROSSIGNOL 1 2) ) + First American First American Title Insurance Company 212 NNaches Ave Yakima, WA 98901 Phone. (509)248-7550 /Fax: (866)635-0232 PR: NWEST Ofc: 4439 (1938) Final Invoice To: City of Yakima Code Division 129 N 2nd St Yakima, WA 98901-2613 Attention. Linda Your Reference No. 181313-24435 RE. Property. West J Street, Yakima, WA Buyers Harlow P Adams Sellers: Invoke No. 44395706 Date: 09/07/2007 Our File No. 4439-1093411 Title Officer. / Escrow Officer / Customer ID: 2082298 Liability Amounts Owners: Lenders: S15,000.00 Ott Description of Charge Invoice Amount Guarantee: Trustee Sale $189 00 Sales Tax $15.50 Comments. Printed On: 9/7/2007, 9:06 AM INVOICE TOTAL Thank you for your business! To assure proper credit, please send a copy of this Invoice and Payment to. Attention Accounts Receivable Department 212 N Naches Ave Yakima, WA 98901 S204.50 Requester- CMW Page: 1 Customer Cony OWner.Information Property Address Billing Dates Admin. Fees Date of Pmt. Old Bal. Amt. Pd. New Bal Rcpt. # Harlow P Adams 1108 W J St. 1308 S. 20th Ave , 98902 Case #129125 Valla Marine,; Travis, Coleman. It cm bk Heard 10/17/07 1904., Prtiilivalp, Blvd:.,'98902 A qulctilBalt ponds ‘iitc cm bk 11-0907 PCO .130it'1834, Okanogan, WA 98840 1st ntc 11/1/07 $ 846.50 2nd ntc 12-01-0; 600 admin fees incrs 1000 204 50 t. search 42 filing fees lien filed 12/14/07 1 Property Evaluation PE PARCEL OWNER NAME & ADDRESS PEO Parcel# 18131324435 1 Situs Addr MADISON AV/J ST W 2 City 3 Zip 4 Name 5 Attn Line 6 Address 7 City ** OWNER INFORMATION ** HARLOW PAUL ADAMS 1306 S 20TH AVE YAKIMA 8 St Wa 9 Zip 98902 10 Notes FIELD TO CHANGE ' && LROSSIGN 14 34 Aug 21 2007 CITY OF YAKIMA PERMI Property Evaluation PE PARCEL OWNER NAME & ADDRESS PEO Parcel# 18131324436 1 Situs Addr J ST W/HATHAWAY AV 2 City• 3 Zip ** OWNER INFORMATION ** 4 Name PAUL ADAMS 5 Attn Line 6 Address 1306 S 20TH AVE 7 City YAKIMA 8 St Wa 9 Zip 98902-521 10 Notes FIELD TO CHANGE ? LROSSIGN 14 34 Aug 21 2007 CITY OF YAKIMA PERMI Property Evaluation PE PARCEL OWNER NAME & ADDRESS PEO Parcel# 18131324437 1 Situs Addr J ST W/HATHAWAY AV 2 City 3 Zip ** OWNER INFORMATION ** 4 Name PAUL ADAMS 5 Attn Line 6 Address 1306 S 20TH AVE 7 City YAKIMA 8 St Wa 9 Zip 98902-521 10 Notes FIELD TO CHANGE ? LROSSIGN 14 34 Aug 21 2007 CITY OF YAKIMA PERMI Property Evaluation PE PARCEL OWNER NAME & ADDRESS PEO Parcel# 18131324438 1 Situs Addr. J ST W/HATHAWAY AV 2 City 3 Zip ** OWNER INFORMATION ** 4 Name PAUL ADAMS 5 Attn Line 6 Address 1306 S 20TH AVE 7 City YAKIMA 8 St Wa 9 Zip 98902-521 10 Notes• FIELD TO CHANGE ? LROSSIGN 14.34 Aug 21 2007 CITY OF YAKIMA PERMI Property Evaluation PE PARCEL OWNER NAME & ADDRESS PEO Parcel# 18131324439 1 Situs Addr J ST W/HATHAWAY AV 2 City 3 Zip ** OWNER INFORMATION ** 4 Name PAUL ADAMS 5 Attn Line 6 Address 1306 S 20TH AVE 7 City YAKIMA 8 St Wa 9 Zip 98902-521 10 Notes FIELD TO CHANGE ? LROSSIGN 14 35 Aug 21 2007 CITY OF YAKIMA PERMI Property Evaluation PE PARCEL OWNER NAME & ADDRESS PEO Parcel# 18131324440 1 Situs Addr 1108 W J ST 2 City 3 Zip ** OWNER INFORMATION ** 4 Name HARLOW P JR ADAMS 5 Attn Line 6 Address 1306 S 20TH AVE 7 City YAKIMA 8 St Wa 9 Zip 98902 10 Notes FIELD TO CHANGE ? LROSSIGN 14 35 Aug 21 2007 CITY OF YAKIMA PERMI 1108 West J Street. Open to unauthorized entry, scattered garbage. Taken 4/9/07, LR 1108 West J Street. Property is vacant, unattended and has scattered garbage and overgrown vegetative debris. Taken 4/9/07, LR 1108 West J Street. Property is vacant, unattended and has junk vehicles; scattered garbage and overgrown vegetative debris. Taken 4/9/07,L,, i 1108 West J Street. Property is vacant, unattended and has junk vehicles, structurally unsound fence, and overgrown vegetative debris Takal Li Mel 7006 3450 RECEl ' aromestcFIaitCnfy;Ka/nsuranceCarreragePrwn Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here 62CX C 454, Street, Apt. / or PO Box Na.. Ciry, Stare. Z1P+4 D Q Q a ri 1,z)/7 9 f(P1 ru D D D rn ..0 D D r`- (slatSepice l3 [ [E A! RECE[ �(poiirestrcMar60nlli¢Ilrofnsurance Caverage<Pmvid :Eardeliiierwirfiaimatioisvisitaacxiebsiteatwwvetispscanr Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Postmark. Here 2 0R6 X01/-07 ar/o ida Street, BApt.ox No. ((f No. /2 / U /_ SO • O( 0121 or PD rna Gvi9 gel°� Cty State, ZIP+4 PFticitc38Q�/tu="`�Z00�; `teaxeeRe4ersefacfrtstructt h aistA ervxe rCERTRED7N[E[t RE EIE ' x flames6clifaganfi; ikinsruance,CoverageProvie >Eat•tdeffverginfamiatiamvisitaurwebsiteatwwvriusps coat&, 3 Certified Fee Return he Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees s zwism Sent To /� l r Street, Apt No. or PO Box No. 1 qa4 City, State, ZIP+- t Postmark Her atie 8-,21-07 9cf9d— PS Fems38Q s u ust2OOel ' ' ' a:' "? SeeBeverse fo instruthori SENDERt COMPCETETHIS`SECTIOil • 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 the front if space permits. 1 Article Addressed to: /'O4- / CO MPLETEvTHIS'SECTION ON.DELIVERY: s: B. Received by (Printed Name) Agent Addressee C. Date of Delivery 'O D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below. IB'(0 3. Service Type FdrCertified Mail 0 Registered 0 Insured Mall ❑ Express Mail' ❑ Retum Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery'? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7006 3450 0002 4 815 1798 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-154 CITY OF YAKIMA Code Admm. Dtvision 129 N. Second Street Yakima, WA 98001 codes@ci.yakime.witus fi 7006 3450 0002 4815 1804 RETURN RECEIPT REQUESTED ist NONCE 210 NONCE ---- RETUR/IED --Paid.ewi(A) i206 ,;07-1( 0,907 --.7---rr"-- c\,,,c---,(r.,,, t\AN CO v y 01 1,01 1; `.i. 0 ,I f, 1•° '' f ,, , t tf•;-"V` i • '' :" 14 ,''':',1,:„ ''',' ")..15';•;,;'11.:,,,7`',,:, ' -.;, ,; e v Of.itii','" ' 'it,i., '''''• -;"'„. .f. ,•i,?' ' ; :4' 'IC ''''''' .1.,,,,, , , r,.:t '.••••;" t i,,tt$ . -, • ;',„•'. i; ,;,, '44',.';',P•` ?.4 - 4, t, -,:• ...-. -t, ,,,,.?..?,;„ ` ' ::••:' ' • :. , too fr • CITY OF YAKIMA Code Admin. Dwision 129 N. Second Street Yakima, WA 98901 codes@cilakima.wa.us 4411.81111%416 Not belltisrableAs /Addrssed _ alai* 7-0 1:.O,,14:: tJ Insidflclentd Adress C1 Lloved. tett No Address 1:7 Unclaknod Crlietosed tic AttOMPted-Not known ‘ 17 No Such Senoot/Ncanbes b tracant I:1 Illeotbla CT No Atoll Receptacle 0 /9o4 C/osed.1Vo orde 1 0 %Weft C1 nt eorded F.*, nett& Addrette e DUe.............1.P......... 1 11 1 11 1 111 1 7006 3450 0002 4815 1781 RETURN RECEIPT REQUESTED 7 CITY OF YAKIMA Code Adm Dtvtsion 129 N. Second Street Yakirna, WA 08901 codes@ci.yakima.wa.us Nott oo/' Una/o N9r abta h ToF As 4... b lnsUAi.ctant qd ltd ° C1 boea lett 3 b tine' ed d N0 qdd„ 0 Not t`�ntAta i. Cr Aaho"ed O Stich St„, Kil/ n �aQgr�t "B (7 N b No .ttau ry tu3 Jtnla umbar b �nY �/:s): Ha�Pptar/q r ' (Irn�d f or Nn Ordar �staan000 fat/ergd dross CITY OF YAKIMA CODE ADMIN DIVISION AUG 2 3 2007 Q.REG'VO, FAXED❑ QPAID '>::.<<,,. ,t. FYI 0 1 •••,••••• 1 11 111 rat.A4046rjeg. 11 1 7006 3450 0002 4815 1798 ft8TURN RECEIPT REQUESTED // 7Zoi --p„„) I: • 1, • , • it • , • 'ef ••••-T • itt I' • is. a a.sil„L'e• Page 1 of 15 TOC 1 7 Sections 11.10.010 11.10.020 11.10.030 11.10.040 11.10.050 11.10.060 11.10.100 11.10.120 11.10.150 11.10.200 11.10.210 11.10.230 11.10.300 11.10.310 11.10.320 11.10.330 11.10.400 11.10.410 11.10.500 11.10.510 11.10.520 11.10.600 11.10.610 Chapter 11.10 NEIGHBORHOOD CONSERVATION Findings and purpose Emergencies Other powers reserved Permit required Penalties Definitions Duties of the director Duties of the board Rules and regulations Determination of unfitness Standards for determination of unfitness Security of unoccupied dwellings, buildings, structures or premises Preliminary investigation Notice and order, contents Service of notice and order—Filing with county auditor Voluntary correction agreement. Board hearing to review notice and order Enforcement. Appeal of board decision Hearings before the appeal decision -maker Appeal to superior court. Assessment and lien on the real property Costs of abatement and administrative fees 11 10 010 Findings and purpose There exist within the city of Yakima dwellings that are unfit for human habitation, and buildings, structures, and premises, or portions thereof, that are unfit for other uses, due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleaness, inadequate Tight or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions that are harmful to the health, safety and welfare of the residents of the city The purpose of this chapter is to implement the process and to acquire and exercise the powers authorized by Chapter 35 80 RCW to address conditions such as those described above that render dwellings, buildings, structures, and premises in the city unfit for human habitation and other uses (Ord 2001-50 § 1, 2001 Ord 99-15 § 1 (part), 1999) 11 10 020 Emergencies The provisions of this chapter shall not prevent the director or any other officer of the city of Yakima or any other governmental unit from taking any other action, file.//C \DOCUME-1\jsanford\LOCALS-1\Temp\tnLHMAP.htm 12/28/2007 Page 2 of 15 summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property (Ord 2001-50 § 2, 2001 Ord 99-15 § 1 (part), 1999) 11 10 030 Other powers reserved Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its Charter or its ordinances or regulations, or to prevent or punish violations thereof The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law Nothing in this chapter shall be construed to impair or limit in any way the power of the city of Yakima to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise (Ord 2001-50 § 3, 2001 Ord 99- 15 § 1 (part), 1999) 11 10 040 Permit required Any work, including construction, repairs or alterations performed under this chapter to rehabilitate or repair any subject property shall be subject to applicable permit provisions of this code (Ord 2001-50 § 4, 2001 Ord 99-15 § 1 (part), 1999) 11 10 050 Penalties It is unlawful and a violation of this chapter to knowingly (1) Occupy or suffer to be occupied any subject property ordered vacated pursuantto this chapter; or (2) Fail to comply with any order issued pursuant to this chapter; or (3) Obstruct any officer or agent of the city of Yakima or other governmental unit in the enforcement of this chapter; or (4) Remove, deface, obscure or otherwise tamper with any notice posted under this chapter Violation of this chapter is a gross misdemeanor (Ord 2001-50 § 5, 2001 Ord 99- 15 § 1 (part), 1999) 11 10 060 Definitions Unless specifically defined below or unless context clearly requires a different meaning, terms used in this chapter shall have the meaning given them by the currently adopted edition of the Uniform Building Code Gender and number shall be interchangeable Defined terms or concepts from Titles 11, 12, 14, and 15 of this code shall apply generally to this chapter (1) "Abandoned" refers to any property, real or personal, which is unattended and either open or unsecured so that, in the case of real property, admittance may be gained without damaging any portion of the property, or which reasonably appears not to be presently possessed by any person Examples of real or personal property that may reasonably appear abandoned include, without limitation, dwellings, buildings, structures, and other premises where utilities are disconnected, debris is accumulated, uncleanness or disrepair is evident, or where items of personal property are located in places where such items are not normally kept or used (2) "Abatement" means the correction or elimination of conditions that render dwellings unfit for human habitation, or that render buildings, structures, and premises, or portions thereof, unfit for other uses (3) "Appeal decision -maker" means either the city council or the hearing file .//C \DOCUME-1 sanford\LOCALS-1\Temp \triLHMAP.htm 12/28/2007 Page 3 of 15 examiner, whichever is chosen by the owner or party in interest to hear an appeal under this chapter (4) "Board" means the community review board established under this chapter, particularly under Sections 11.10.400 and 11.10.410 YMC (5) "Boarded -up building" means any unoccupied building the exterior openings of which are closed by extrinsic materials or devices installed on a Tong -term, rather than brief temporary basis, giving to the building the appearance of non -occupancy or non-use for an indefinite period of time YMC Section 11.10.230 provides criteria that regulate how dwellings, buildings, and structures may be properly secured against unlawful entry, and otherwise maintained consistent with public health, safety and welfare and the provisions and purposes of this chapter (6) "Building" means any building, dwelling, structure, or mobile home, factory - built house, or part thereof, built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind (7) "City council" means the city council of the City of Yakima , (8) "Costs" means the city's actual expenses incurred to correct illegal conditions pursuant to the provisions of this chapter plus the administrative fee provided herein (9) "Director" means the director of community and economic development, or his/her designee (10) "Health officer" means the head of the Yakima district health department, or his/her authorized deputies or representatives (11) "Imminent danger" means an immediate exposure or liability to injury, harm or loss (12) "Interested person" means any person entitled to notice of a notice and order issued by the director under Section 11.10.320 YMC (13) "Nuisance" includes (a) a nuisance defined by statute or ordinance, (b) a nuisance at common law, either public or private, (c) an attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them, including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris, (d) uncleanness or whatever is dangerous to human life or detrimental to health, (e) overcrowding, or (f) abandonment or vacancy (14) "Owner" means any person having any interest in the real estate in question as shown upon the records of the office of the Yakima County auditor or the office of the Yakima County assessor, or who establishes his/her interest before the director, board, or city council For the purpose of giving notice, the term "owner" also includes any person in physical possession (15) "Party in interest" means any person entitled to notice of a notice and order issued by the director under Section 11.10.320 YMC (16) "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them (17) "Repeat violation" means a violation by the same person of the same regulation in any location for which voluntary compliance has been sought within two years, or for which a notice and order has been issued within two years (18) "Subject property" means the dwelling, building, structure or premises that are the subject of investigation or an enforcement action pursuant to this chapter (Ord 2001-50 § 6, 2001 Ord 99-15 § 1 (part), 1999) file.//C \DOCUME-1\isanford\LOCALS-1\Temp\triLHMAP.htm 12/28/2007 Page 4 of 15 11 10.100 Duties of the director The director is the chief administrative officer for the purposes of this chapter The director's duties and powers include (1) Investigation of all dwellings, buildings, structures or premises the director, pursuant to this chapter, has reasonable grounds to believe are unfit for human habitation or other purposes, (2) Preparation, service and posting of notices and orders according to the provisions of this chapter regarding subject properties that he/she has reasonable grounds to believe, pursuant to this chapter, are unfit for human habitation or other purposes, and (3) Doing all things necessary and proper to carry out and enforce this chapter (Ord 2001-50 § 7, 2001 Ord 99-15 § 1 (part), 1999) 11 10 120 Duties of the board The board shall, pursuant to the provisions of this chapter' (1) Conduct administrative hearings pursuant to YMC Section 11.10.400 to consider notices and orders issued by the director together with such other evidence as may be received from the director or other interested parties and persons, and, where appropriate, to confirm, modify, or disconfirrn such notices and orders by written decision, and (2) Do all things necessary and proper to carry out and enforce this chapter (3) Annually select one member to serve as chair and another to serve as vice - chair of the board (Ord 2001-50 § 8, 2001 Ord 99-15 § 1 (part), 1999) 11 10 150 Rules and regulations The director and board may establish such rules and procedures as may reasonably and fairly administer the provisions and achieve the purposes of this chapter and do substantial justice The director and board shall recognize and give appropriate effect to special and extenuating circumstances which, in order to do substantial justice in specific cases, warrant the exercise of discretion to adjust the timeframes, standards, and other provisions of this chapter Examples of circumstances that may warrant such exercise of discretion include, without limitation, medical illness or disability affecting a property owner's or other responsible person's ability to respond to orders or appear at hearings, and bona fide insurance coverage disputes that create a definite risk that enforcement of this chapter would unfairly result in a substantial economic Toss to the property owner The director and the board are authorized to exercise such powers, consistent with the provisions of this chapter, as may be necessary or convenient to reasonably and fairly achieve the purposes of this chapter These powers shall, without limitation, include the following in addition to others herein granted (a)(i) To determine, subject to the provisions of this chapter, which dwellings within the city are unfit for human habitation, (ii) to determine, subject to the provisions of this chapter, which buildings, structures, or premises are unfit for other uses, (b) in the case of the board, to administer oaths and affirmations, examine witnesses and receive evidence, and (c) to investigate dwellings, buildings, structures, or premises that may violate the provisions of this chapter When authorized by consent of the owner or other party in possession of a subject property, or if consent to enter either cannot be requested because the owner or party in lawful possession is not available, or is refused or revoked, when authorized by judicial warrant or other legal authority, the director may enter upon subject properties either to investigate violations or to enforce the file.//C \DOCUME-1\isanford\LOCALS-1\Temp\tnLHMAP.htm 12/28/2007 Page 5 of 15 provisions of this chapter During such entries the director shall take reasonable steps to minimize inconvenience to persons in lawful possession of the subject property (Ord 2001-50 § 9, 2001 Ord 99-15 § 1 (part), 1999) 11 10 200 Determination of unfitness The director, after preliminary investigation, or the board after the hearing provided in this chapter, or when acting on appeals under this chapter the city council or hearing examiner may determine that a dwelling, building, structure, or premises are unfit for human habitation or other use if the director or the board finds that conditions exist in such dwelling, building, structure, or premises that are dangerous or injurious to the health or safety or welfare of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings, or other residents of the city (Ord 2001-50 § 10, 2001 Ord 99-15 § 1 (part), 1999) 11 10 210 Standards for determination of unfitness In determining that a dwelling, building, structure, or other premises is unfit for human habitation or other uses, the director, board, or when acting on appeals under this chapter the city council or hearing examiner shall consider (a) dilapidation, (b) disrepair, (c) structural defects, (d) defects increasing the hazards of fire, accidents or other calamities, such as parts standing or attached in such manner as to be likely to fall and cause damage or injury, (e) inadequate ventilation, (f) uncleanness, (g) inadequate Tight, (h) inadequate sanitary facilities, (i) inadequate drainage, (j) substandard conditions, (k) other conditions that affect the fitness of the building or premises for human habitation or other purposes (Ord 2001-50 § 11, 2001 Ord 99- 15 § 1 (part), 1999) 11 10 230 Security of unoccupied dwellings, buildings, structures or premises (1) The director, or his/her designee, may determine whether or not any unoccupied dwelling, building, structure, premises, or portion thereof ("subject property") is unfit for human habitation or other purposes because (a) It is not secure against unauthorized entry by children, criminals, or other persons (b) It is not secure against infestation by insects or animals (c) It is not secure against deterioration as a result of exposure to vandalism, weather, or the elements (d) It is inadequately maintained and repaired as evidenced by broken windows, overgrown vegetation, graffiti, or other conditions (2) In making this determination the director, or his/her designee, shall consider and document with photographs and/or written accounts the factors that in his/her judgment reasonably bear on the determination, including without limitation (a) The physical condition of the subject property and whether it reflects ongoing maintenance and repair, including the presence of broken windows or evidence of vandalism, overgrown vegetation, the presence of insect or animal pests, deterioration due to weather or exposure to the elements, and whether graffiti, if any, is painted over promptly (b) How long the subject property has been unoccupied (c) Whether the subject property is being actively marketed for sale or lease (d). Other facts that demonstrate that the subject property already has been, or that affect the likelihood that it will be, subject to hazards and circumstances contrary to the health, safety, and welfare of the public (e) Other considerations prescribed by this chapter file.//C \DOCUME-1\jsanford\LOCALS-1\Temp\triLHMAP.htm 12/28/2007 Page 6 of 15 (3) In addition to any other powers authorized by this chapter, the director, or his/her designee, is authorized to order the owner of and other persons responsible for any subject property determined to be unfit for human habitation or other purposes under this section to perform any or all of the following on or before a stated compliance deadline (a) Secure all exterior openings of the building by minimum half inch plywood cut to fit the opening and fastened to the building by minimum one and a quarter inch long Sheetrock screws at six inches on center around said openings, or upon written request by owner of the property, by such alternative materials and or methods as the director, or his/her designee, may determine are adequate to make the dwellings, buildings, structures, premises, or portions thereof weather -tight and to ensure that it is secure against unauthorized entry (b) To disconnect all utilities including electricity, gas and water (c) To remove any graffiti and to keep the subject property free of graffiti (d) To maintain the premises generally free of any vegetation or other matter that may constitute a nuisance or a fire hazard (4) Orders of the director, or his/her designee, issued under this section may be modified from time to time in response to new information or changed circumstances regarding the dwelling, building, structures, premises, or portion thereof (5) The director, or his/her designee, shall routinely monitor compliance of any unoccupied dwelling, building, structures, premises, or portion thereof that has been the subject orders issued under this chapter, and shall formally inspect and document the condition of such subject property at least once every six months while the dwelling, building, structure, or premises remains unoccupied (Ord 2001-50 § 13, 2001 Ord 2000-21 § 1, 2000) 11 10 300 Preliminary investigation After the city learns of a possible unfit dwelling, building, structure, or other premises, the director shall investigate whether such condition(s) actually exists This investigation will usually include reasonable efforts to speak with the owner of the subject property, or the tenant if the property is rented The director will make a record of the investigation, including (1) Identification of the subject property (2) Documentation of inspection actions, including relevant dates, efforts to establish identity of and contact owners and tenants (3) Written observations relevant to possible conditions of unfitness, possibly including diagrams of the building or premises and photographs (4) The director's conclusion whether or not the dwelling, building, structure, or other premises is unfit for human habitation or other uses If the director determines no actual violation exists, he/she will note such determination for the record for the subject property and the matter shall be concluded The director shall notify complainants, the owner, or other persons who have requested notice of his/her determination (Ord 99-15 § 1 (part), 1999) 11 10 310 Notice and order, contents If, after preliminary investigation, the director determines that a dwelling, building, structure, or other premises is unfit for human habitation or other uses, the director shall serve, according to the provisions of Section 11.10.320 YMC, a notice and order that shall state, identify, or describe (1) The subject property including at least the property address and county assessor's tax parcel number file .//C \DOCUME-1 \j sanford\LOCAL S-1 \ Temp \triLHMAP.h tm 12/28/2007 Page 7 of 15 (2) The conditions on the subject property that are illegal and that render one or more dwellings, buildings, structures there, or the premises unfit for human habitation or other use, (3) VVhat must be done to correct such illegal condition(s), (4) The deadline for correction of such condition(s), which will allow a reasonable time for correction and will be set forty-eight hours before the matter will be presented at a meeting of the board, (5) The costs or administrative fees that may be charged to the owner as a consequence of the described illegal conditions, (6) The place and date, which shall be not Tess than ten nor more than thirty days after the notice and order is served, where and when the matter will be presented to the board, when the board will be requested to (a) Confirm the director's determination of unfitness, (b) Authorize the city to proceed to abate the described illegal conditions on the subject property if such conditions are not corrected before the deadline or otherwise corrected by the property owner or other responsible party; (c) Confirm that the owner shall pay administrative fees plus the costs incurred by the city, through the date of the board's confirmation of the illegal conditions, together with such costs as the city reasonably subsequently incurs to abate the illegal conditions and administrative fees for such subsequent abatement. (7) That all parties in interest shall be given the right to file an answer to the notice and order, to appear in person, or otherwise, and to give testimony at the time and place for the board's review stated in the notice and order; (8) The city's policy that the director may waive the city's costs and/or administrative fees for a first offense if the illegal conditions are corrected at least forty-eight hours prior to the board hearing, (9) Invite the owner's cooperation and inform the owner of the city's policy that first offenders may negotiate a voluntary correction agreement consistent with the provisions of Section 11.10.330 YMC in which, among other things, the owner (a) Admits that the illegal condition(s) exist(s), (b) Promises to correct the illegal condition(s) by an agreed deadline no more than ninety days from the original deadline, (c) I's advised of his/her rights under the state and federal constitutions to refuse consent to entry, to limit the scope of consent to entry, and t� withdraw consent to entry once given, and the owner consents to entry on the subject property by thecity or persons under contract with the city to correct any illegal condition(s) that are not corrected by the deadline, (d) Agrees to pay the city's costs to abate the illegal conditions if the owner fails (10) In the case of subject property lawfully occupied by someone other than the owner, no voluntary correction agreement will be offered unless such persons lawfully occupying the subject property also consent to entry by the city or persons under contract with the city to correct the illegal condition(s) described that are not corrected by the deadline (11) Advise the owner that if the illegal conditions are not corrected, the city may pursue the matter further by civil and/or criminal enforcement, in addition to further proceedings under this chapter; (12) Advise the owner of the city's policy that generally repeat offenders will be prosecuted (13) Advise the owner and other interested persons of programs for assistance that may be provided by the city, and such other programs and community resources as the director believes may assist the owner or others to correct the illegal file .//C \DOCUME-1\jsanford\LOCALS-1\Temp\triLHMAP.htm 12/28/2007 Page 8 of 15 conditions (Ord 2001-50 § 14, 2001 Ord 99-15 § 1 (part), 1999) 11 10 320 Service of notice and order—Filing with county auditor If, after a preliminary investigation of any dwelling, building, structure, or premises in the City of Yakima, the director determines that it is unfit for human habitation or other use, he/she shall cause to be served, either personally or by certified mail, with return receipt requested, upon all persons having any interest in the subject property, as shown upon the records of the Yakima County auditor's office, and shall post at one or more conspicuous places on the subject property, a copy of the notice and order stating, in accordance with the provisions of Section 11.10.310, in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the director in the exercise of reasonable diligence, and the director makes an affidavit to that effect, then service of such notice and order upon such persons may be made either by personal service or by mailing a copy of the notice and order by certified mail, postage prepaid, return receipt requested, to each such person at the address of the building or premises involved in the proceedings, and mailing a copy of the notice and order by first-class mail to any address of each such person in the records of the county auditor for the county where the property is located Such notice and order shall contain a notice that a hearing will be held before the board at a place therein fixed, not less than ten days nor more than thirty days after the serving of said notice and order; and that all parties in interest shall be given the right to file an answer to the notice and order, to appear in person, or otherwise, and to give testimony at the time and place in the notice and order The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the board A copy of such notice and order, or a notice of the enforcement action, shall also be filed with the county auditor, and such filing of the notice and order or notice of enforcement action shall have the same force and effect as other lis pendens notices provided by law (Ord 2001-50 § 15, 2001 Ord 99-15 § 1 (part), 1999) 11 10 330 Voluntary correction agreement. (1) The director may execute a voluntary correction agreement with the owner of a dwelling, building, structure, or other premises the director determines is unfit for human habitation or other uses (2) A voluntary correction agreement is a contract between the city and the owner in which the owner and any other person entitled -to possession of the subject property promise to correct the illegal conditions within a specified time and according to specified conditions The voluntary correction agreement shall include (a) The name and address of the owner of the subject property and any other person bound under the contract, including all lessees or other persons entitled to possess, use, or occupy the property with an expectation of privacy; (b) The street address and a legal description sufficient to identify the subject property, such as the county assessor's tax parcel number; (c) A description of the illegal conditions that render the subject property unfit for human habitation or other uses, and a reference to the provisions of this chapter or other regulation that has been violated, (d) The corrective action the owner and any others promise to complete, and a date and time by which the corrective action must be completed, (e) A stipulation by the owner that the illegal condition(s) identified in the notice and order exist(s), and that the corrective actions specified in the voluntary correction file.//C \DOCUME-1\isanford\LOCALS-1\Temp\triLHMAP.htm 12/28/2007 Page 9 of 15 agreement are appropriate, (f) Express consent to entry onto the subject property by city staff or persons under contract with the city to ascertain compliance with the voluntary correction agreement and/or to correct the illegal conditions described in the notice and order in the event of material breach Such consent shall reflect that the city has presented a statement advising the property owner and any other lawful possessor of his/her rights under the state and federal constitutions to refuse consent to entry, to limit the scope of consent to entry, and to withdraw consent to entry once given This statement of rights and consent to entry must be initialed by the property owner and other lawful possessor of the subject property The owner must stipulate that the City of Yakima may abate the illegal condition(s) and recover costs and administrative fees as an assessment to the owner and a lien on the property pursuant to this chapter in the event of a material breach of the voluntary correction agreement; (g) The costs and administrative fees to be paid and by whom, (h) Permission by the owner and any lessee or other person entitled to possess, use, or occupy the property with an expectation of privacy for the city to enter upon the subject property at any reasonable times until the illegal conditions are corrected, and (i) An acknowledgement. (3) The director may, in his or her sole discretion, extend deadlines for correction if the owner, or another responsible person, has been diligent and made substantial progress but has been unavoidably delayed or has otherwise demonstrated that the required corrective actions will be completed within a reasonable period not to exceed fourteen additional days (4) The director may determine that a material breach of a voluntary correction agreement has occurred, and may further determine what shall be done to correct the illegal conditions that were the subject of the voluntary correction agreement. The director shall provide notice of such a determination in the same fashion as notice of decisions of the board, and such determinations shall function as the equivalent of a decision of the board in any further proceedings A party to the voluntary correction agreement may appeal such a determination either to the city council or to the hearing examiner by filing a written notice of appeal with the city clerk for review according to the procedures and standards applicable to appeals of decisions of the board (Ord 2001-50 § 16, 2001 Ord 99-15 § 1 (part), 1999) 11 10 400 Board hearing on to review notice and order (1) The board shall be comprised of seven individuals appointed by the city council who represent different aspects of the public as a whole, including local residents, the building industry, the health community, the business community, and the residential rental community, but not more than two from any of these The members shall be appointed to three-year terms except that initial appointments to the board shall be for staggered terms of either one, two, or three years to optimize the balance of experience among members of the board The board may adopt and publish such rules of procedure as are necessary or convenient to carry out and effectuate the purposes and provisions of this chapter and Chapter 35 80 RCW Four members of the board shall constitute a quorum for the transaction of business Except as otherwise specified by law, a majority vote of the board members present at a meeting shall be required and shall be sufficient to transact any business before the board The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the board At its first meeting in October each year, the board shall elect a chair and vice -chair from among its members file.//C \DOCUME-1\isanford\LOCALS-1\Temp\triLHMAP.htm 12/28/2007 Page 10 of 15 (2) Unless, prior to the time fixed in the notice and order for a hearing before the board to review the notice and order, the property owner has entered into a voluntary correction agreement, or city staff determines that the illegal conditions have been corrected, the board shall hold a hearing to review the notice and order and to determine the immediate disposition of any illegal conditions existing at the subject property The hearing will be canceled if the director approves the completed corrective action at least forty-eight hours before the scheduled hearing, and the director shall provide notice of the satisfactory correction of the illegal conditions to the owner, complainants, and other interested persons, including the county auditor's office in cases in which a notice of the enforcement action has been previously filed. (3) The board shall conduct a hearing pursuant to its adopted rules The director or his/her designee, the owner, and other parties entitled to be served with the notice and order may participate as parties in the hearing and each party may call witnesses Any complainant or person affected by the illegal conditions may appear and present evidence The city shall have the burden of demonstrating by a preponderance of evidence that the Subject Property is unfit for human habitation or other uses and that the required corrective action is reasonable as stated in the notice and order The director's determination of unfitness and order to correct illegal conditions shall be accorded substantial weight. In the event of a tie vote on a decision, the matter shall be referred on an expedited basis to the City of Yakima hearing examiner for a new hearing and decision within thirty days In such cases, the hearing examiner's decision shall be equivalent to a decision of the board for the purposes of any subsequent proceedings under this chapter Furthermore, the hearing examiner's decision in such cases shall be appealable only to the city council (4) If the owner or other persons with interest of record fail to appear at the scheduled hearing, the board may confirm the notice and order by finding that the subject property is unfit for human habitation or other uses as determined by the director The board may further authorize the city to assess costs and administrative fees according to the provisions of this chapter (5) If, after considering evidence and argument submitted by the director, the owner, the complainant(s), and other interested parties, the board determines that the subject property is unfit for human habitation or other use, it shall issue a summary of decision according to the provisions of this section The summary of decision shall be served upon the owner and other persons entitled to notice of the notice and order, and shall be posted in a conspicuous place on the subject property The summary of decision shall state (a) Findings of fact and conclusions in support of such decision confirming the notice and order; and (b) Either (1) That the compliance deadline under the notice and order was reasonable and has passed without satisfactory correction of the illegal conditions, or (2) That the compliance deadline under the notice and order should be extended until a date certain by which time the illegal conditions must be corrected, (c) The city's costs and administrative fees which, as of the date of the hearing, have been incurred as a consequence of the illegal conditions, and that such costs and fees shall be charged to the owner and shall be specially assessed and shall constitute a lien against the real property if they are not paid timely (d) That if the owner or party in interest, following exhaustion of his/her rights to appeal, fails to comply with the notice and order as confirmed by the board, the city may, directly or by a private contractor, correct the illegal conditions, and that the file .//C \DOCUME-1\sanford\LOCALS-1\Temp\triLHMAP.htm 12/28/2007 Page 11 of 15 costs incurred by the city for such correction, including administrative fees as authorized by this chapter shall be charged to the owner and shall be specially assessed and shall constitute a lien against the real property if they are not paid timely (6) The summary of decision shall state that the owner is entitled to appeal the board's decision to either the city council or to the hearing examiner within thirty days and, unless he or she does appeal or correct the illegal conditions, the city shall have the power, without further notice or proceedings, to vacate and secure the subject property and to do any act required of the owner in the notice and order, and to charge costs and administrative fees incurred to correct the illegal conditions to the owner and assess,them against the property (7) The director shall serve the owner and other parties entitled to be served with the notice and order, a copy of the summary of the board's decision by certified mail, within five working days following the hearing, and shall post the summary of decision at the subject property (8) If no appeal is filed, a copy of the summary of decision shall be filed with the auditor of Yakima County and the notice and order shall be final (Ord 2001-50 § 7, 2001 Ord 99-15 § 1 (part), 1999) 11 10 410 Enforcement. (1) The summary of decision may prescribe times other than times stated in the notice and order within which correction of illegal conditions shall be commenced or completed If the required corrective action is not commenced or completed within the prescribed time, or if no time is prescribed within the time for appeal, the director may, after the period for appeal has expired, cause the illegal conditions to be corrected If satisfactory progress has been made and sufficient evidence is presented that the illegal conditions will be corrected within a reasonable time, the director or the board may extend the time for completion of the work. If satisfactory or substantial progress has not been made, the director may take reasonable steps to correct the illegal conditions promptly The director shall let bids foriany work to correct illegal conditions in accordance with this chapter (2) If other action ordered by the board is not taken within the time prescribed, the director may, after the period for appeal has expired, cause the illegal conditions to be corrected by the city, either directly or by a private contractor (3) If the director deems it necessary to have any building on the subject property secured as an interim measure for the protection of the public health, safety, or welfare before illegal conditions are corrected, he/she may so order If the owner is unable or unwilling to secure such building within forty-eight hours, the director may order the building secured by the city (4) If the owner is unable to comply with the notice and order as confirmed by the board within the compliance deadline, and the time for appeals to the city council or petition to the court has passed, the owner may, for good and sufficient cause beyond his/her control, request in writing an extension of time The board or the city council may grant a reasonable extension of time after a finding that the delay was beyond the control of the owners There shall be no appeal or petition from the board or the city council's ruling on an extension of time (Ord 2001-50 § 18, 2001 Ord 99-15 § 1 (part), 1999) 11 10.500 Appeal of board decision The owner or any party in interest may, within thirty days from the date of service and posting of the summary of the board's decision, or in the case of a voluntary file .//C \DOCUME-1\jsanford\LOCALS-1\Temp\triLHMAP.htm 12/28/2007 Page 12 of 15 correction agreement the director's determination of material breach, file an appeal by filing a written notice of appeal with the city clerk setting out the reasons he or she believes the board's confirmation of the notice and order or the director's determination of material breach to be erroneous The appellant must elect and designate whether the appeal shall be decided by the city council or by the hearing examiner The decision of the appeal decision -maker chosen by the appellant shall be final, without recourse to the other, and shall be appealable only to the superior court. An appeal fee of one hundred dollars shall be required There will be not less than ten nor more than thirty days from the date of said appeal or referral and the appeal hearing Notice of the time and place of the hearing shall be made in accord with Section 11.10.320 YMC The matter of the appeal will be scheduled for public hearing before the appeal decision -maker so as to allow ten days' notice of the hearing to the appellant and all interested parties and to permit final decision thereon to be made within sixty days after the filing of the appeal The filing of the notice of appeal shall stay the notice and order as confirmed by the board or the director's determination of material breach, except so much thereof as requires temporary measures, such as securing of a building to minimize any emergent danger to the public health or safety (Ord 2001-50 § 19, 2001 Ord 99-15 § 1 (part), 1999) 11 10 510 Hearings before the appeal decision -maker (1) Upon timely appeal, the appeal decision -maker shall review the proceedings and decisions of the board, or in the case of a voluntary correction agreement the director's determination of material breach, and determine whether to affirm, modify or vacate said decisions (2) The appeal decision -maker's review shall be on the record, not de novo In the absence of good cause, the appeal decision -maker will not accept new evidence or evidence not made available to the board Upon the public hearing of the appeal, the appeal decision -maker shall consider the file of the proceedings before the board or the director and such other evidence as may be presented (3) The appeal decision -maker shall review the record and such supplemental evidence as is permitted under subsection (2) above The appeal decision -maker may grant relief only if the party seeking relief has carried the burden of establishing that one of the standards set forth in (a) through (g) of this subsection has been met. The standards are based on but not limited to (a) The board or director engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless, (b) The board or director's decision is an erroneous interpretation of the law; (c) The board or director's decision is not supported by evidence that is substantial when viewed in light of the whole record before the appeal decision - maker; (d) The board or director's decision is a clearly erroneous application of the law to the facts, (e) The board or director's decision is outside the authority or jurisdiction of the board or director; or (f) The board or director's decision violates the constitutional rights of the party seeking relief (4) The appeal decision -maker may recognize and give appropriate effect to special and extenuating circumstances which, in order to do substantial justice, warrant the exercise of discretion to adjust the timeframes, standards, and other provisions of this chapter (5) After the hearing, the appeal decision -maker may affirm, modify or vacate the file .//C \DOCUME- 1 sanford\LOCAL S-1 \Temp \triLHMAP .htm 12/28/2007 Page 13 of 15 decision of the board or the director, or may continue the matter for further deliberation or presentation of additional evidence (6) A record of the proceedings shall be made and kept for at least three years or until the matter is final, whichever is longer (7) The appeal decision -maker shall cause its findings of fact and order to be made in writing, provided that the appeal decision -maker may adopt the findings and decision of the board or director, or so much thereof as supports its decision In addition, such order shall state that the owner has the right to petition the superior court of Yakima County for appropriate relief within thirty days after the order becomes final (8) The appeal decision -maker's findings and order shall be served upon the same persons and posted in the same manner as a notice and order of the director (9) Any action taken by the appeal decision -maker shall be final sixty days after the filing of a notice of appeal unless continued with consent of the owner or occupant. (10) In the event that the appeal decision -maker fails to reach a decision or continues the hearing beyond sixty days after the filing of an appeal, the director or board's order and finding shall be that of the appeal decision -maker's, and shall be final and subject to petition to the superior court; provided that any continuance at the request or with the consent of any owner or occupant shall suspend, for the length of the continuance, the running of the sixty days allowed for final decision (11) The appeal decision -maker's order shall be enforced in the same manner as an order of the board (12) A transcript of the findings of fact of the appeal hearing before the appeal decision -maker shall be made available to the owner or other party in interest upon demand at the requestor's expense (13) The findings, determinations and orders of the appeal decision -maker on appeals of determinations and orders issued by the board shall be reported in the same manner and shall bear the same legal consequences as if issued by the board, and shall be subject to review only in the manner and to .the extent provided in YMC Section 11.10.520 (Ord 2001-50 § 20, 2001 Ord 99-15 § 1 (part), 1999) 11. 10.520 Appeal to superior court. Any interested person affected by an order issued by the appeal decision -maker pursuant to Sections 11.10.500 and 11.10.510 YMC may, within thirty days after the posting and service of the order, petition to the superior court for an injunction restraining the city from carrying out the provisions of the order In all such proceedings the court is authorized to affirm, reverse, or modify the order and such trial shall be heard de novo (Ord 99-15 § 1 (part), 1999) 11 10 600 Assessment and lien on the real property The amount of the costs incurred by the city to abate illegal conditions pursuant to this chapter, including the administrative fees established in this chapter, shall be charged against the owner of the subject property and shall be specially assessed and shall constitute a lien against the subject property unless such amounts are timely paid The director of finance, or his/her designee, shall certify to the county treasurer any such unpaid costs to correct illegal conditions as a special assessment due and owing Pursuant to RCW 35 80 030, the county treasurer shall enter the amount of such special assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at file .//C \DOCUME-1\jsanford\LOCAL S-1\Temp \triLHMAP.htm 12/28/2007 Page 14 of 15 the same time and with interest at such rates and in such manner as provided for in RCW 84 56 02, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city If the dwelling, building, structure, or premises is removed by the city, the city shall, if possible, sell the materials of such dwelling, building, structure, or premises, and shall credit the proceeds of such sale against the cost of the removal and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the board, after deducting the city's costs and administrative fees incident thereto The assessment shall constitute a lien against the property that shall be of equal rank with :state, county and municipal taxes (Ord 2001-50 § 21, 2001 Ord 99-15 § 1 (part), 1999) 11 10 610 Costs of abatement and administrative fees (1) The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition, when such actions are performed at the city's cost, shall be assessed against the real property upon which such costs were incurred unless paid within thirty days after billing by the city, unless alternative payment arrangements are made with the director within thirty days after billing The director shall forward a report of any unpaid costs of abatement and administrative fees to the city finance director, who shall certify them to the county treasurer for assessment on the tax rolls, as provided by RCW 35 80 030(h) (2) Bids for correction of illegal conditions shall be let only to a licensed contractor The contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the corrective action The contract documents may require bidders to estimate the salvage value of the property and, by claiming the salvage, reduce the amount of his/her bid accordingly The contract price fixed by acceptance of such a bid shall not be adjusted to reflect the actual salvage value Such bids may be let prior to the time for compliance or appeal, but shall not be binding or accepted until the order for corrective action is final The director shall have the authority to sign the contract on behalf of the city (3) Actual costs and expenses will be assessed in accord with the provisions of this section (4) In addition to actual abatement costs, the following administrative fee shall be assessed and collected in the same manner for such dwellings, buildings, structures, or premises that are determined to be unfit for human habitation or other uses (a) Where abatement is approved by the director prior to board hearing the administrative fee shall be two hundred dollars, except that these fees shall not be required for a first offense if abatement is complete forty-eight hours prior to the board hearing described in the notice and order (b) VVhere abatement is accomplished less than forty-eight hours prior to the board hearing described in the notice and order, the administrative fee shall be three hundred dollars (c) VVhere abatement is accomplished following breach of a voluntary correction agreement or understanding between a property owner and director, board, or appeal decision -maker, the administrative fee shall be six hundred dollars (d) Where the abatement is accomplished by the city following the board hearing described in the notice and order or following material breach of a voluntary correction agreement, the administrative fee shall be one thousand dollars (5) The board or the appeal decision -maker may, upon recommendation from the director, modify the amount, methods, or time of payment of such fees as the file .//C \DOCUME-1\jsanford\LOCALS-1\Temp\triLHMAP.htm 12/28/2007 Page 15 of 15 condition of the property and the circumstances of the owner may warrant. In determining such adjustments, the appeal decision -maker may reduce the costs to an owner who has acted in good faith and would suffer extreme financial hardship The appeal decision -maker may, upon recommendation from the director, increase the administrative fees if it appears that the scheduled fees are inadequate to make the city whole with respect to a particular unfit dwelling, building, structure, or other premises (Ord 2001-50 § 22, 2001 Ord 99-15 § 1 (part), 1999) TOC 'J [ <. This page of the Yakima Municipal Code is current through Ordinance 2007-29, passed June 5, 2007 Disclaimer The City Clerk's Office has the official version of the Yakima Municipal Code Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above Click here to link to recently enacted ordinances not vet codified. City Website. http //www ci yakima wa us/ file.//C \DOCUME-1\jsanford\LOCALS-1\Temp\triLHMAP.htm Code Publishing Company Voice. (206) 527-6831 Fax. (206) 527-8411 Email. cpc@codepublishing com 12/28/2007