HomeMy WebLinkAbout3908 Ordinance ORDINANCE NO. I�
AN ORDINANCE of the City of Pasco, Washington,
Adopting RCW 35.80, Relating to the Abatement of Property
Located at 827 South Elm Street, owned by KF, Inc. and
Implement and Adopt the Powers Authorized by RCW 35.80
for Abatement.
WHEREAS, for several years that have been urgent concerns regarding the property
located at 827 South Elm Street, Pasco, Franklin County, Washington (hereinafter referred to as
"Property"), and the detrimental effects it has on public health, safety and welfare stemming
from unkept, deteriorated and abandoned dwellings, structures, and premises; and
WHEREAS, the Property constitutes an immediate and emergent threat to public health
and safety; and
WHEREAS, RCW 35.80 provides for the abatement of dwellings which are unfit for
human habitation, and buildings, structures, and premises or portions thereof which are unfit for
other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire,
accidents, or other calamities, uncleanliness, inadequate light or sanitary facilities, or other
conditions which are a hazard to the health and welfare of the residents of the City, and
WHEREAS, RCW 35.80 authorizes the City to adopt ordinances and procedures relating
to the abatement of the Property; and
WHEREAS, it is in the best interest of the City to implement the processes and acquire
the powers authorized by Chapter 35.80 RCW to address the conditions which render the
building and premises located on Property unfit for human habitation and other uses; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Permissible Ordinance.
A. The Pasco Code Enforcement Board (CEB) has been established as the "code
improvement board" per the statute, and serves as the appeal board for the abatement of the
Property described in Section 6 below.
B The Director of Community & Economic Development for the City will work
through and with the Inspection Manager and will be in charge of the enforcement of building
regulations and activities concerning the dwellings, buildings, structures and premises associated
with this abatement.
Ordinance—Abatement of KF,Inc.Property- 1
Section 2. Investigation and Complaint
A. The City finds that there is a preliminary investigation of the dwelling at the
Property that was performed on April 25, 2007, and again on September 3, 2008.
B That on October 24, 2008, a notice and complaint was given to the owner of the
Property, Kevin Koelzer/KF, Inc., via certified mail; the Order of Abatement was posted in a
conspicuous place on the Property; and the Order of Abatement was recorded with the Franklin
County Auditor on November 24, 2008.
C. Pursuant to the Order of Abatement, the owner of the Property was notified of the
right to appeal the decision, the right to a hearing within twenty-one (21) days, and the right to
answer the abatement and appear at the hearing to give testimony.
D. Property owner failed to request or appear at a hearing to contest the complaint
for Order of Abatement.
Section 3. Officer Findings.
A. The appointed public officer, the Director of Community & Economic
Development, finds that the Property is unfit for human habitation, and that the conditions are
such that the building is dangerous and injurious to the health and safety of any occupants and no
occupants of neighboring dwellings and residents of the City.
B. The officer finds the following conditions:
I) The structural strength and/or stability of the structure or any portion
thereof are less than the minimum requirements of the building code for new buildings of
similar structure, purpose or location.
2) Substantial portions of the building are likely to fail, or to become
detached or dislodged, or to collapse and, thereby, injure persons or damage property.
3) More than 30% of the building supports, exclusive of the foundation, have
been damaged by vandalism, rot, decay and weathering.
4) The unsecured and abandoned premises and building are a harbor for
vagrants, criminals or other persons, and has the potential of enabling persons to resort
thereto for the purpose of committing unlawful or immoral acts.
5) The building presently has in any non-supporting part, member, or
portion, less than 50% of the strength, fire resisting qualities or characteristics, or weather
resisting qualities or characteristics required by law in the case of a newly constructed
building of like area, height and occupancy in the same location. The building presently
has in it supporting parts, members or portions, less than 66% of the strength, fire
resisting qualities or characteristics, or weather resisting qualities or characteristics
Ordinance—Abatement of KF,Inc.Property-2
required by law or in the case of a newly constructed building of like area, height and
occupancy in the same location.
6) The building and premises have been determined by the Building Official,
because of its abandoned, dilapidated condition, deterioration and damage to be
unsanitary and unfit for human habitation.
7) The building and premises, due to their dilapidated condition,
deterioration, and accumulated combustible material have been determined by the Fire
Marshal to be a fire hazard.
8) The unsecured building and premises have been and continue to be
damaged by vandalism so as to constitute an attractive nuisance or hazard to the public.
9) All building and premises maintenance and reconstruction efforts have
been abandoned for a period exceeding 12 months (1 year).
10) Due to the immediate and emergent threat to the public health, safety and
welfare, and to the environment created by the condition of the abandoned building,
structure and premises shall be abated as follows:
a) All structures shall be vacated and secured from casual and
unauthorized entry.
b) All junk vehicles, vehicle parts,junk, trash, combustible debris and
hay shall be removed.
C) All structures shall be demolished and removed.
Section 4. Notice of Intent to Abate. The officer has determined that the Property
owner, and others in interest, has failed to abate within the required timelines. On December 2,
2008, the Inspection Services Manager served a Notice of Intent to Abate on Property owner and
all interested parties via certified mail.
Section 5. Order of Abatement. The officer is now authorized to abate the subject
Property and take the following actions:
A. Demolish and remove all dilapidated accessory structures, remove all junk
vehicles, vehicle parts,junk, trash, combustible debris,weeds and hay.
B. Secure the primary structure from casual entry and remove all gang graffiti.
C. Assess all abatement costs, estimated in the amount of $90,000.00 as a lien
against the subject Property to provide reimbursement of said abatement costs to the City,
Ordinance—Abatement of KF,Inc.Property-3
Section 6. Abatement Assessment.
A. The amount of costs, repairs, alterations and abatement shall be assessed against
the real property legally as follows:
Assessor's Parcel Nos.: 112-462-023, 112-461-015, 112-462-014, 112-
461-03 3, 112-461-024, 112-462-04 and 112-462-069
Parcel A:
All of Blocks 1 and 2, ELLIOTT'S ADDITION, according to the plat
thereof recorded in Volume "C" of Plats, page 54, records of Franklin
County, Washington, AND ALL that portion of Blocks 1, 2, 3, and 4 of
Willetta's Addition, according to the plat thereof recorded in Volume `B"
of Plats, Page 57, records of Franklin County Washington, TOGETHER
WITH that portion of vacated Elm Street, Sycamore Street, Whrokmow
Street(nka Waldemar Avenue), Laurel Street and Cedar Street lying North
of center line of"B" Street and South of South line of"A" Street and the
North half of vacated "B" Street adjoining said Blocks 1, 2, 3 and 4,
EXCEPT any portion thereof lying within said Elliot's Addition.
Parcel B:
Lots I through 26, both inclusive and lots 29 through 32, both inclusive,
Block 8, Willetta's Addition to Pasco, according to the plat thereof
recorded in Volume "B" of Plats, page 57, records of Franklin County,
Washington, and Lots 1 through 32, both inclusive, Block 7, Willetta's
Addition to Pasco, according to the plat thereof recorded in Volume `B"
of Plats, page 57, records of Franklin County, Washington.
B. The assessments for abatement costs will be filed with the Franklin County
Auditor to be entered as an assessment upon the tax rolls against the above-described property
for the current year, and the same shall become 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 a manner as provided for in
RCW 84.56.020 for delinquent taxes, and collected to be deposited to the credit of the general
fund of the City.
The abatement assessment shall constitute a lien against the property which shall be of
equal rank with State, County and Municipal taxes.
C. City will allocate the funds from the Revolving Abatement Fund for the purposes
of accomplishing this abatement.
Section 7. Pasco Code Enforcement Board. The appeals commission provided for
per RCW 35.80 shall be the Pasco Code Enforcement Board.
Ordinance—Abatement of KF,Inc. Property-4
Section 8. Severability. Any section, subsections, paragraphs and other clause or
phrase of this Ordinance or any provision of the Pasco Municipal Code established by this
Ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance or other provisions of the Pasco
Municipal Code established by this Ordinance.
Section 9. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of e City of Pasco, Washington, and approved as
provided by law this day of 2009.
Joyce C66n, ayor
ATTEST: APPROVED AS TO FORM:
Debbie C , City C er Leland B. Kerr, City Attorney
Ordinance--Abatement of KF,Inc.Property-5
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