HomeMy WebLinkAbout3555 ResolutionRESOLUTION NO. 36-5`5—
A RESOLUTION ASSESSING ABATEMENT EXPENSES AS A SPECIAL LIEN FOR 114
NORTH 4"" AVENUE, PASCO, WASHINGTON
WHEREAS, from time to time in order to secure the welfare and safety of the public the City is
compelled to demolish and remove unsafe and dangerous structures; and
WHEREAS, the building at 114 North 4th Avenue was destroyed by fire on August 13, 2013
and the City was required to immediately demolish and remove the unsafe portions of the building and
reinforce the adjacent street, sidewalks and utilities and incurred a cost of $29,224.30; and
WHEREAS, payment of the costs for the removal of the unsafe structure and reinforcement of
adjacent street, sidewalks and utilities was made by the City of Pasco and is due and payable by the owner
of the property at 114 North 4"' Avenue; and
WHEREAS, a Determination and Order for the payment of the costs was assigned to the
property by the Code Enforcement Board of Pasco on November 13, 2013 pursuant to PMC 9.60.030 (1 1)
which also established penalty payments of $100 per day for 10 days if the amount due was not paid to
the City w ithin 120 days of the order, and
WHEREAS, in order to recover the costs associated with the demolition and removal of said
unsafe and dangerous structures through a special lien and in compliance with Section 902 of the Uniform
Code For The Abatement of Dangerous Buildings, the legislative body of the City is required to conduct a
public hearing, and
WHEREAS, a public hearing was conducted on March 17, 2014 for the purposes of considering
testimony for the assignment of a special assessment against the property at 114 North 4"' Avenue, and
WHEREAS, testimon} was provided by owner of the property at 114 North 4"' Avenue. and
WHEREAS, of the total abatement costs, $1,932 was for repair of the public infrastructure
resulting from the tire- fighting efforts; and
WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings specifies an interest
rate of 7% for the unpaid balance of an abatement lien; and
WHEREAS, due to the complexities of settling the insurance claim for the loss, the Code
Enforcement Board has reconsidered the assessment of the penalty levied on November 13, 2013 and
determined that the penalty should be held in abeyance until December 3 I, 2014; and
WHEREAS, no payment for the abatement or penalties has been received by the City for the
property at 114 North 4"' Avenue, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That abatement expenses in the amount of $27,312.30 and lien filing fee in the amount of $144
for a total of $27,456.30 for the demolition and removal of the unsafe, fire destroyed building at
114 North 4 "' Avenue be assessed against said property as a special assessment and lien upon said
property and, said lien shall be filed with the Franklin County Auditor and shall be paramount to
all other liens. The lien shall continue until the assessment and all interest due and payable
thereon are paid at an annualized interest rate of 7 %; said interest shall commence upon the IIHIIII
of the special assessment and lien.
Passed by the City Council of the City of Pasco this 2"d day of June, 2014.
Matt Watkins
Mayor
,ATTL '
era L. lark, W
City Clerk
2
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney