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