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HomeMy WebLinkAbout2450 OrdinanceORDINANCE NO. 2450 AN ORDINANCE amending Sections 9 60.080 and 9.69 090 of the Pasco Municipal Code and adding a new section 9.60.095 to the Pasco Municipal Code, regarding weed and rubbish -abatement procedures, enforcement and penalties THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 9.60.090 of the Pasco Municipal Code is amended to read as follows - 9 60.090 ABATEMENT OF NUISANCES. Whenever a nuisance exists as defined in this chapter, the city may pursue by a suit in equity of the Superior Court of Franklin County to adjoin and abate the same in the manner provided by law; or it may elect to enforce the provisions of this chapter by uniform citation and/or complaint filed in the Pasco Municipal Court. It shall be the duty of the Director -of'CommunitSinvelonment for the city or his designee to notify in writing the owner or occupant or any lot, parcel, or tract of land within the city unon which weeds, noxious weeds, rubbish, debris or decomposing animal or vegetable matter has accumulated so as to become a fire hazard or injurious or detrimental to the public health or welfare and to create an unsighly or unsanitary condition, reguesting the owner or occupant to remove the weeds, noxious weeds grass, vegetation, rubbish, debris, or decomposing animal or vegetable matter within the period of time specified in the notice. In case the owner of the premises, or the occupant thereof, should fail to remove the weeds, noxious weeds, grass, vegetation, rubbish, debris, or decomoosing animal or vegetable matter, or any other substance causing any fire hazard or creating an unsightly or unsanitary condition or condition injurious to the public health or welfare, within the specified period of t]re, then the city may proceed unon the premises and clean and level the premises and remove the weeds, noxious weeds, grass, vegetation, rubbish, debris or decomposing animal or vegetable matter, and the cost to the city for such cleaning, leveling, removal or destruction shall be billed to and charged against the owner or occupant of the nroperty involved, and set amount -shall - be paid by the owner or occupant within 30 days of the billing date. Whenever in any action brought in the Pasco Municinal Court, it JA established that a nuisance exists as defined in this chanter, the court shall, together with the fine imposed, if any, enter an order of abatement as Part of the judgement in the case, which order shall direct either- (1) That such nuisance be abated or removed by the defendant within a time limited by the court, and not exceeding 30 days; or (2) That the nuisance may -be abated by the city at the cost of the defendant. Section 2. Section 9.60.080 of the Pasco Municipal Code is amended to read as follows: 9 60.080 PENALTY FOR VIOLATION. Every person who violates any of the provisions of this chapter has committed a code infraction and shall pay a Penalty not to exceed $450.00. Any person who violated the provisions of this chapter and permits weeds, noxious weeds, rubbish, debris, or decomposing animal or vegetable matter to accumulate or remain upon any real property owned or occupied by him or her in the city so that it shall become a fire hazard or cause or create an unsanitary or unsightly condition or become injurious or detrimental to the public health or welfare, or who permits weeds, noxious weeds, grass or other vegetanon to reach a heigth in excess of one foot within an area of 20 feet of any existing building or a heigth of two feet in any other location, shall, in addition to the other civil penalties provided for herein, after being notified by the Code Enforcement Officer or his designee to remove the material within a period of time specified in the notice as herein provided, shall have committed a code infraction and shall be punished by payment of a penalty not to exceed $450.00, and each day that such fire hazard or unsanitary or unsightly condition is maintained upon the premises shall constitute a separate code infraction under this chanter. Any owner or occuuant of said property who refuses or fails for any reason to pay the amount billed to them for the city's cleaning, leveling, removal, or destruction of the nuisance within 30 days from the billing date, shall have committed a code infraction and shall be punished by payment of a civil penalty not to exceed $450 00. Any person not being the owner or occupant of such property, who places or causes to be placed rubbish or debris upon any real property in the city in violation of the provisions of this chapter, shall be guilty of a code infraction and shall be punished by a civil penalty in an amount not to exceed 1150.00 and the placing or causing to be placed of each article of rubbish or debris shall constitute a separate code infraction under this chapter Section 3. The Pasco Municinal Code is hereby amended by the addition of a new Section 9.60.095 which shall read as follows 9.60.095 ENFORCEMENT AUTHORITY. It shall be the duty of the Code Enforcement Officer or his designee to enforce the provisions of this chapter, and it shall be his duty to make the proper citations for the prosecution of any person or persons violating this chanter. The Code Enforcement Officer is further authorized and directed to bill the property owner or occupant for the cost to the city for removal of any material as here and above provided. Section 4. If any item, section, or part of this ordinance be adjudged invalid, such adjudication shall not affect this ordinance as a whole, or any items, section or part thereof not adjudged invalid Section 5. This ordinance shall take affect and be in full force upon its passage and publication in its entirety as provided by law. PASSED2_the Pa co City Council and approved by the mayor this day o ,l983. E. A. Srifder, Mayor Eve yn 0. Wells, City Clerk APPROVED AS TO FORM: k 1 _AWAISU Creg ubste b, ity Attorney 2 LEGALS A LEGALS tion or condition injurious to the public health or welfare within the specified period of time then the city may proceed upon the premises and clean and level the premises and remove the weeds noxious weeds grass vegetation rubbish debris or decomposing am mal or vecetable matter and the re.C"'..1 the city for such cleaning la , u:it.g re moval or destruction shall be billed to and charged against the owner or occu- pant of the property in volved and set amount shall be paid by the owner or occupant within 30 days of the billing date Whenever in any action brought in the Pasco Mu- nicipal Court it is estab- lished that a nuisance exists as defined in this chapter the court shall to- gether with the fine im- posed if any enter an order of abatement as part of the judgement in the case which order shall di rect either (1) That such nuisance be abated or removed by the defendant within a time limited by the court and not exceeding 30 days or (2) That the nuisance may be abated by the city at the cost of the de fendant Section 2 Section 9 60 080 of the Pasco Mu mope! Code is amended to read as follows 9 60 080 PENALTY FOR VIOLATION Every person who violates any of the pro visions of this chapter has committed a code infraction and shall pay a penalty not to exceed $450 00 Any person who violated the provisions of this chap- ter and permits weeds nox ious weeds rubbish debris or decomposing an tmal or vegetable matter to accumulate or remain upon any real property owned or occupied by him or her in the city so/ that it shall be- come a fire hazard or cause or create an unsanitary or unsightly condition or be come injurious or detn mental to the public health or welfare or who permits weeds noxious weeds grass or other vegetation to reach a height in excess of one foot within an area of 20 feet of any existing building or a heighth of two feet in any other location shall in addition to the other civil penalties pro vided for herein after being notified by the Code En forcement Officer or his de stgnee to remove the material within a period of time specified in the notice as herein provided shall nave committed a code in fraction and shall be pun ished by payment of a penalty not to exceed $450 00 and each day 4 that such fire hazard or unsam tary or unsightly condition is maintained upon ) the premises shall constitute a separate code infraction under this chapter lAny owner or occupant of said property who refuses or fails for any reason to pay the amount billed to them for the city s cleaning lev eling removal or d9struc- bon of the nuisance within 30 days from the billing date shall have committed a code infraction and ehall be punished by payment of a civil penalty not to exceed $450 00 Any person not being the owner or occu pant of such property who places or causes td be placed rubbish or debris upon any real property in the city in violation ofi the provisions of this chapter shall be guilty of a code in fraction and shall be pun ished by a civil penalty in an amount not to exceed $450 00 and the placing or causing to be placeO of each article of rubbish or debris shall constitute a separate code infraCtion under this chapter Section 3 The Pasco Municipal Code is hereby amended by the addition of a new Section 9 60 095 which shall read as follpws 9 60 095 ENFORCE MENT AUTHORITY It shall be the duty of the Code En- forcement Officer or his de signee to enforce the provisions of this chapter and it shall be his duty to make the proper citations for the prosecution of any person or persons violating this chapter The Code En forcement Officer is further authorized and directed to bill the property owner or occupant for the cosCto the city for removal on any material as here and a bove provided cg Section 4 If any t 'item section or part of this ordi nance be adjudged invalid such adjudication still not affect this ordinance_as a whole or any item s section or part thereof note ad judged invalid Section 5 This prdi nance shall take affect and be in full force upon ttSpas sage and publication in its entirety as provided bylaw PASSED by the Pasco City Council and approved by the mayor this 2 day of May 1983 s E A Snider Mayor ATTEST s Evelyn 0 Wells t City Clerk APPROVED AS TO FORM S Greg A Rubstello City Attorney Legal No 1 5053 May 6 1961 ORDINANCE NO 2450 AN ORDINANCE amending Sections 9 60 080 and 9 60 090 of the Pasco Municipal Code and adding a new section 9 60 095 to the Pasco Mu- nicipal Code regarding weed and rubbish abate- ment procedures enforce- ment and penalties THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS Section 1 Section 9 60 090 of the Pasco Mu nicipal Code is amended to read as follows 9 60 090 ABATEMENT OF NUISANCES When ever a nuisance exists as defined in this chapter the city may pursue by a suit in equity of the Superior Court of Franklin County to enjoin and abate the same in the manner provided by law or it may elect to enforce the provisions of this chapter by uniform citation and/or complaint filed in the Pasco Municipal Court It shall be the duty of the Director of Community De- velopment for the city or his designee to notify in writing the owner or occupant or any lot parcel or tract of land within the city upon which weeds noxious weeds rubbish debris or decomposing animal or vegetable matter has accu- mulated so as to become a fire hazard or injurious or detrimental to the public health or welfare and to cre- ate an unsightly or unsani- tary condition requesting the owner or occupant to remove the weeds noxious weeds grass vegetation rubbish debris or decom posing animal or vegetable matter within the period of time specified in the notice In case the owner of the premises or the occupant thereof should fail to re- move the weeds noxious weeds grass vegetation matter or any other sub stance causing any fire hazard or creating an un sightly or unsanitary condi 8—LEGALS - Request for Engineering Proposals The Kennewick Irrigation District Board of Directors is accepting proposals for engineering services for the preliminary design and cost estimate for a pressur- ized irrigation system to serve 63 residential lots The proposal should in clude a statement of qualifi- cations work experience with pressurized irrigation systems and references Proposals will be ac cepted through 12 00 noon Pacific Daylight Time May 11 1983 They should be addressed to the Kenne- wick Irrigation District P 0 Box 6900 Kennewick Washington 99336-0401 Attn Helen A Hill for Paul Chasao s Frau! Chasco Secretary Manager Legal ,No 15004 April 29 & May 81983 .4 Stepping up to a bigger faster bike Sell the smaller one with a class' fied ad In the Superior Court Of the State Of Washington In and For the County of Franklin SHERIFF S NOTICE OF SALE OF REAL &PROPERTY Cause No 28276 Judgement Rendered ON/or,Order of Sale Issued 4 6 83 Date of, Levy 4 7 83 Date gfiSale 5 27 83 THE PRUDENTIAL INSUR- ANCE COMPANY OF AMERICA a New Jersey corporation Plaintiff vs GORDON D TIMMONS and JEAN B TIMMONS JONATHAN SCOTT TIM MONS and CATHARINA H TIMMONS JIM CARSON TIMMONS and JANE DOE TIMMONS and WALLA WALLA PRODUCTION CREDIT ASSOC SMALL BUSINESS ADMINISTRA TION r UNITED STATES OF AMERICA et al TO GORDON D TIM MONS and JEAN B TIM MONS' et al JUDGMENT DEBTOR(S) The _Court has directed the Sheriff to sell the real property described herein to satisfy a judgment The sale is scheduled for 10 00 A M on the Friday morning noted above at the main en trance- to the Franklin County Courthouse 1016 N 4th pasco Washington The Sheriff has been in formed that there is not suf ficient personal property to satisfy the judgment If you do have sufficient personal propefty to satisfy the judgment you should con- tact the Sheriff s Office im -1 LEbALS tance of 1 u40 d feet to he true point of beginning of said line thence South 72°31 East a distance of 1 515 9 feet thence North 00°28' East a distance of 735 8 feet thence South 89°16' East a distance of 1200 00 feet thence North 00°28 East a distance of 328 2 feet thence South 89°19 East.,-,1 its intersec- tion volth ttie, iouthwesterly right of way , i, le of the said irrigation canal and the point of terminus of said line PARCEL 4 The East half of the East half of the Northeast guar ter of Section 26 Township 14 North Range 28 EWM Franklin County Washing- ton lying North of the fol lowing described line Commencing at the NE cor ner of said Section 26 thence South 00°20' West along the East line of said Section 26 a distance of 1 640 8 feet to the true point of beginning of said line thence North 72°31 West a distance of 691 1 feet to a point of on the West line of said East half of the East half and the point of terminus of said line PARCEL 5 Farm Unit 1 Irrigation Block 23 Columbia Basin Project Washington according to the plat thereof recorded in Franklin County on July 18 1961 and also those portions of Lots 1 2 3 and 4 of Sec- tion 30 Township 14 N Range 29 EWM lying East erly of the centerline of WB10 Canal as shown on Drawing 222 116 32164-9 attached to and filed with the First Revision to the Farm Unit Plat of Irrigation Block 201 Columbia Basin Project Washington as re corded in Franklin County on August 9 1961 (Corn- monly known as Unre- corded Water Delivery Unit 60 Irrigation Block 23) together with the permits Ii censes and privileges and any substitutions or addi tions thereof pertaining to the water and water rights in connection with the mort gaged premises which the mortgagor has conve nanted to keep in full force and effect on the present water rights and/or permits pertaining to the mortgaged premises together with all and singular the ten ements hereditaments rights easements priv- ileges and appurtenances thereto belonging or in any way appertaining to all im- provements now or here- after hereon together with screens and storm doors gas steam plumbing elec- tric toilet and other fixtures now and hereafter a part of or used in connection with located on Block 23 Unit 60 in the west 1/2 of the southwest 1/4 of Section 30 Township 14N Range 29E in Franklin County Wash- ington which is the subject of an Equipment Disclaimer dated April 25 1980 be- tween Systems Leasing Trust No IV and The Prudential Instirance Corn pany of America a-nd fur ther does not include 1 Valey Center Pivot Model 4971 1331 feet in length 2000 feet #4x4 wire 14/2 control in PVC 2 6 ' OCV Electrical valves 2 - 6 check valves and miscella- neious fittings and labor lo- cated on the west 1/2 of the northwest quarter of Sec- tion 30 Township 14N Range 29E in Franklin County Washington lying easterly of the centerline of the WB10 Canal as shown on Drawing 222 116 32164 9 attached to and filed with the First Revision to the Farm Unit Plat Irrigation Block 201 Columbia Basin Project Washington as re corded in Franklin County on August 9 1961 (Corn monly known as Unre- corded Water Delivery Unit 60 Irrigation Block 23) which is the subject of an Equipment Disclaimer dated July 15 1980 be- tween Systems Leasing Trust NO IV and The Prudential Insurance Corn- pany of America The amount required to satisfy the judgment prior to sale is itemized as follows Judgment Principal $532 626 69 Interest to Date of Sale 9 280,83 Attorney s Fee included in judgment Miscellaneous (levy fee) 15 00 Sheriff s Fees 292 00(est ) Publication 957 00(est ) Costs TOTAL $543 171 52 You can satisfy the judgment to avoid sale by paying the TOTAL above to Plaintiff the Plaintiff s At torney at his/her office or if necessary to the Sheriff at the Franklin__Countv AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Julia Long , being first duly sworn on oath deposes and says she Clerk is the principal of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news Frankl i n paper in Fran County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a Legal Advertisement Ord # 2450 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, for a period of one consecutive t)mmencing on the 6th day of May , 19 83 , and ending on the 6th day of May , 19 8 3 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 145020 has been paid in full, also at the rate of 22 inches @ $6.60 )Subscribed and sworn to before me this 6th day of May Notary Public in and for the State of Washington, residing at Pasco FINANCE DEPARTMENT (509) 545-3401 Scan 726 3401 P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 May 3, 1983 Tri City Herald P 0. Box 2608 Pasco, Washington 99302 Attn Sue Bateman Dear Sue Please publish Ordinance Nos 2450 and 2451 on the following date May 6, 1983 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew