HomeMy WebLinkAbout3548 Resolution RESOLUTION NO. 3 C418-
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A RESOLUTION of the City of Pasco, Washington, providing for the
replacement of nonconforming I-182 Overlay District fences.
WHEREAS, the City Council has determined that the "Surewood" fences located within
the I-182 Overlay District have experienced rapid deterioration and are susceptible to stains and
discoloration, thereby, constituting a public nuisance; and
WHEREAS, the "Surewood" product is no longer in production, and no longer available
for replacement resulting in a mismatch of colors, texture, and size defeating the goal of an
attractive, consistent district; and
WHEREAS, the City Council had established a standard for fencing for this district and
seeks a rapid replacement of the existing nonconforming fencing with fencing consistent with the
standards established and that the "Surewood" fences have exceeded their useful life as a result
of their defective condition. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. The "Surewood" fencing materials previously used as components for
fencing along the I-182 freeway have proven to be defective for its intended purposes, and is
prohibited from use with the I-182 Overlay District. All existing "Surewood" fences within said
District are declared to be nonconforming and constitute a public nuisance and must be replaced.
Section 2. Nonconforming "Surewood" fences exist within that area generally
described as Broadmoor Place Phase 2, Block 1, Lots 14-17 and Broadmoor Place Phase 3, Lots
12, 13 14 and 22-30 along the I-182 gateway. All "Surewood" fence materials (slats) shall be
replaced with those complying with the standards established by PMC 25.75.050(1)(m) as
amended by Ordinance No.'4//5'j .
Section 3. The reasonable time for the replacement of the nonconforming
"Surewood" fence shall occur on or before October 1, 2014. Any "Surewood" fences remaining
after such date shall constitute a violation of PMC 25.75.050, and may be subject to abatement.
Except as provided below, the property owners upon which the nonconforming "Surewood"
fence is located shall be responsible for the full costs of the fence's replacement and the full
responsibility to have such replacement completed before the deadline specified above.
Section 4. To encourage and assist in the prompt transition to conform with the
prescribed standard in an orderly fashion, the City shall assist with installation of new cedar and
disposal of old materials. The City will also allow for 12 monthly payments for the cost of the
material only.
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Section 5. Administrative Appeal. Any property owner aggrieved as a result of the
adoption of the new standard as provided above, due to the condition of their fence, recent
installation, or extraordinary circumstances, may appeal the application of the prescribed
standard to their property to the City Manager, or his designee, within sixty (60) days of date of
receipt of notice from the City of the nonconforming fence.
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting
dated this '51"1-day of Ma� , 2014.
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Matt Watkins, Mayor
ATT S . APPR AS TO FORM:S� ,J
De�ra L. Clark, City Clerk Leland B. Kerr, City Attorney
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