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04/10/2012 00 Misc Distributed at the Meeting t o/ -C MEMORANDUM April 4, 2012 TO: Honorable Mayor, Micah Cawley Members of Yakima City Council Interim City Manager, Michael Morales FROM: Chris Waarvick, Director of Public Works Nancy Fortier, Refuse and Recycling Manager SUBJECT: Response to Complaint - Refuse Abatement Letter and Extra Garbage Charges On March 15, 2012, a Refuse abatement letter (attached) was sent to Doug Lemon, regarding debris adjacent to a duplex he owns at 903 S 2nd Ave. The authority to enforce the Refuse Code is found in the Yakima Municipal Code (YMC) 4.16.030, last amended by City Council, February 7, 2012. The letter advised Mr. Lemon that the debris needed to be cleaned up by March 29, 2012 or the Refuse Division would clean it up for $35.00. The fee for special garbage pickup is established in the YMC 4.16.140 (E) (2), with a minimum charge of $25.00. The $35.00 fee was based on employee salaries, equipment charges and landfill disposal fees. Upon rechecking the property, the debris was cleaned up. Therefore, Mr. Lemon was not charged for the cleanup and no further action was needed. Three other properties in this alley also contained debris and needed to be cleaned up. Two of the properties, 901 S 2 Avenue and 921 S 2nd Avenue, were cleaned shortly after pictures were taken and no letters were sent. The debris at 1004 S 1 Avenue has not been removed and additional steps are being taken to assure the debris is cleaned up. To clear up any confusion between abatement enforcement and service fees imposed, we looked at Mr. Lemon's billing history. Mr. Lemon owns a number of rental units within Yakima. In reviewing overfill fees for his property, we discovered seven accounts that had overfill fees on the last billing and will have additional overfill fees on the next billing. It appears several of these overfilled carts are 32 gallon. This would indicate that the tenants are not being provided adequate refuse service. Overfill fees are authorized by the YMC 4.16.140 (C) (1) and were last amended by City Council on December 6, 2011. Additional bags of refuse and yard debris are not removed during regular automated collection, unless it is requested by the customer responsible for the utility bill. At the property owned by Mr. Lemon, the two tenants are responsible for the utility bill and no requests were made to remove the debris. The driver would not have known which tenant to charge for the additional debris. March 15, 2012 Doug Lemon P.O. Box 541 Yakima, WA. 98907 Reference: # REC -12- 0078 -2650 Subject property: 903 S 2 " avenue Assessor's Parcel No: 19133023501 Dear Mr. Lemon: The Yakima Municipal Code, Chapter 4.16 has been established in order to keep our City clean and healthy. The following excerpts are from Section 4.16.020, Scattering of refuse prohibited — Unlawful accumulation and Section 4.16.030, Notice of Abatement: Section 4.16.020: "It is unlawful for any person, firm or corporation to throw, place or scatter any garbage, rubbish, ashes, trash or other refuse, over or upon any premises, street or alley, either public or private, or adjacent thereto, and either with or without the intent to later remove the same; or to suffer or permit, from the accumulation of refuse, any premises, owned, occupied or controlled by such person, firm or corporation to become or remain offensive, unsanitary, unsightly, unsafe to public health, or hazardous to fire." Section 4.16.030: "It shall be the duty of the city manager of the City of Yakima, or his or her designee, to give notice in writing to the owner or agent of the owner of any premises, street or alley, either public or private, upon which there has been thrown, placed or scattered any garbage, rubbish, ashes, trash or other refuse, and on which premises such accumulation of refuse has become offensive, unsanitary, unsightly, unsafe to public health, or hazardous to fire, requiring such owner or agent to remove any accumulation of refuse within a reasonable time, which shall be specified in said notice. Said notice shall further contain an estimate of the cost of the work to be done and shall state that in the event such work is not done within the time specified in the notice, that the City of Yakima will proceed to remove such accumulation of refuse without further notice, and that the expense of so removing will be charged to the owner of the premises, and a lien for such expenses imposed upon property." The property listed above has an accumulation of refuse on or abutting the property. The items of concern are black plastic bags and yard debris in the parking area next to alley Please see that the debris listed above is cleaned up no later than 03 -29 -12 and the property is maintained in satisfactory condition. If you are not the owner or the owner's agent, notify the City promptly at 509 - 576 -6745. The estimated cost of pickup and disposal at the time of inspection is $35.00. Any added refuse or other items will increase this estimate. You may call 509 - 576 -6745 for information or assistance. Sincerely, James Scott Refuse Code Compliance Officer Encl. , i / , , i / I / 1 , „ _ 4 l;:' it 0 ) t , le, , ,. ■ , .. ., t t a 4 — - y - 4 U . / . — - -- I p.-._ ...--- .. — — .• , ' At,'-, , „,.! - .„,,,- -• ..,- , 4Y6"1k0 — ., •,. : IP .., 4. k, 4 -, , 4, .., . , ,. - 4.... :', - , 4.. sr. , i * ' . ,'' 1. ■ -.,,. ..., ' 'i • 11, • / :.. '., ,,. , ,. , • tik 4 ,,,,,- ,..... -... - - .., .„ ..,„ oire r 4, _ 4' 4F , Ai% 4. ..- , ..., ..-,-..-- .....- iii...--.._.-- ..e. : ' - ,a201111■' - 4 , I ___ 8 Asovirri— , k t - i a""' ' ..'-- ., ( 1=y i of -.0,-...,........ .--„ ..„.„.,,---.. - /1.1ovi 'AP't i , , -- - ' lit 40, ''' ' ' "", - --. ,,--` ' " ik N. f . s v s, 7 ,,, :7, / , " . s ■b... _J.- 411_ . . . ----- .''l _ . - • va= \ -,. __N....` ...0•••• •/„,,e'f/ 414-' . . _ ..,.., ..._ . 1- - „AL .• . , • ' • , "/ ' - i \ '.•,:-.1011rw--' • II' --‘,- 4 — iii ' 41 " ,.... ....0...4, _ 0 - \ \\,. -, ...:, , ... It ,, .:,, -‘,..- - - --• ‘,..!' -.,,,, , • - - • - 4 A . 1. , , .. ,, ...,-- _ At - • <-. , • ...lb., . , -, - ' `-'.,..-,- . • '4% ')..... - . , lgoteillets- Ja - . -,-. • \ \AV 1,. C .,:' • . ' :W.A., - ., . ... . • _ . DEPARTMENT OF PUBLIC WORKS s 2301 Fruitvale Blvd., Yakima, Washington 98902 ! tU� F Phone (509) 575 -6005 Mar 2012 Ivonne Young 1004 S 1' Avenue Yakima, WA. 98902 Reference: # REC -12 -0081 -2652 Subject property: 1004 S 1 avenue Assessor's 'Parcel :No 19133023503 Dear Ms. Young: - The Yakima Municipal Code, Chapter 4.16 has been established` in order to keep our City clean and healthy. The following excerpts are from .Section 4.16.020, Scattering of refuse prohibited — Unlawful accumulation and Section. 4.16:030;. Notice of Abatement: Section 4.16.020: It is unlawful for any person, firm or corporation to throw, place or scatter any garbage, rubbish, ashes, trash or other refuse, over or upon any premises street or alley, either public or private, or adjacent thereto,. and either with or without the intent to later remove the same; or to suffer or permit, from the accumulation of refuse, any premises, owned, occupied or controlled by such person, firm or corporation to become or remain off ensive, unsanitary, unsightly, unsafe to public health, or hazardous to fret" Section 4.16.030: It shall be the duty of the city manager of the . City of Yakima, or his or her designee, to give notice in writing to the owner or agent of the owner of any premises, street or alley, either public or private, upon which there has been thrown, placed: or scattered any garbage, rubbish, ashes, trash or other refuse, and on which premises. such : accumulation refuse has' become offensive, unsanitary, unsightly, unsafe to public health, or hazardous tofire, requiring such owner or agent to remove any accumulation of refuse within a reasonable time, which shall be 'specified in said notice. Said notice shall further contain an estimate of the cost of the work to be done and`shall state that in the event such work is not done within the time specified in the notice, that the City of Yakima will proceed to remove such accumulation of refuse without further notice, and:that the expense Of so removing will be charged to the owner of the premises, and a lien for such expenses imposed upon property." The property listed above has an accumulation of refuse on or abutting the property. The items of concern are old hot tub near the alley . Please see that the debris listed above is cleaned up no later than 03 -29 -12 and the property is maintained in satisfactory condition. If you are not the owner or the owner's agent, notify the City promptly at 509 -576 -6745. The estimated cost of pickup and disposal at the time of inspection is $100.00. Any added refuse or other items will increase this estimate. You may call 509 - 576 -6745 for information or assistance. Sincere) James Scott Refuse Code Compliance Officer End. Yakima A!I- M VP Administration 575 -6005 • Equipment Rental 575-((105 • Parks & Recreation 575- 6020 Ref 'use :' Street 575 -6005 • Traffic 575 -60115 • Transit 575 -6005 rw., yy f o o * .. . • • :fib it :.► 1 I'. -- .. b' � . . ; y . y I f i. + ; ' - , Ai, --... 4 v .... ... I i "IP %al 11, ...-i <- t v- Alli P -, ....------ . i - J f � y .._.., s i. . . 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