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Home My WebLink About2459 OrdinanceORDINANCE NO. 2459 AN ORDINANCE amending Section 9 60.090 of the Pasco Municipal Code and adding a provision to levy a special assessment to defray the costs or to reimburse the city for the costs of abating a nuisance. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS Section One. Section 9 60.099 of the Pasco Municipal Code is amended by the interlineations and the underlined additions 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 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; or it may elect to abate the nuisance by following the provisions set torth below. It shall be the duty of the Director of Community Development for the city or his designee to notify in writina, the owner or occupant of any lot, parcel, or tract of land within the city upon which weeds, arass, vegetation, , rubbish, debris or decomposing animal or vegetable matter has accumulated so as to becore a fire hazard or injurious or detrimental to the puthc health or welfare and to create an unsightly or unsanitary condition, requesting 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 noLice. In case tne owner of the Premises, or the occupant thereof, or any other person or persons creating, causing or committing, or maintaining the same, should fail to remove the weeds, noxious weeds, grass, vegetation, rubbish, debris, or decomposing 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 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 animal or vegetable matter, and the cost to the city for such cleaning, leveling, removal or PASSED THIS ) day of approved by the Mayor. 983 and ste o, City Attorney re TO FORM: destruction shall be 35±1+ed-te-and-ellaged-ftsa±nat at the expense of the owner or occupant of the property tnvelved or against any other person or persons creating, causing or committing or main- taining the same, and such amount shall be paid by-t!qe-owner-er-seeldpant within thirty days of the billing date, and if not paid within such time period, to levy a special assessment on the land or premises where the nuisance is situated to defray the cost or to reimburse the city for the cost of abating the same. Notice of the lien shall be filed with the Franklin County Auditor. Whenever in any action Drought in the Pasco Municipal Court, it is established that a nuisance exists as defined in this Chapter, 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 thirty (30) days, or (2) That the nuisance may be abated by the city at the cost of the defendant. Section Two. This ordinance shall take effect five (5) days after passage and publication according to law. . A. Snider, Mayor ATTEST. Evelyn Wells, City Clerk ORDINANCE RIO-2459-1 AN ORDINANCE! amending Section 9 60 090 of the Pasco Municipal Code and adding a provi- sion to levy a special as- sessment to defray the costs or to reimburse the city for the costs of abating a nuisance THE CITY COUNCIL OF THE „PITY OF PASCO WASilINGTON DO OR- DAIN AS FOLLOWS Section one Section 96' 90 of the Pasco Mu- nici0 II Code is amended by the interlineations and the underlined additions to read as follows 9 60 090 ABATEMENT OF UOSANCES 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 Ii may elect to enforce the provisions of this chapter by uniform citation and/or complaint filed in the Pascot Municipal Court or it may o0oct to abate the nut- ponce by following the proviolons set forth below It shall be the duty of the Director of Community De-, velopment for the city or his designee to notify in writ- ing the owner or occupant of any lot parcel or tract of land within the city upon which weeds grass vege- tation 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 or any other pr-on or persons creatingx- ing or committing or main- taining the same should fail to remove the weeds noxious weeds grass veg- etation rubbish debris, or decomposing animal or vegetable matter or any other substance causing any fire hazard or creating an unsightly or unsanitary condition or condition inju- rious 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 re- move the weeds noxious weeds grass vegetation rubbish debris or decom- posing animal or vegetable matter and the cost to the city for such cleaning level- ing removal or destruction shall be at the expense of the owner or occupant of the property or againot any other person or persona creating, causing or com- mitting or maintaining the COMO, Sr d such amount shall be paid within thirty days of the billing date and If not paid within Duch time period, to levy a aso- cial aoseasmont on the lend or promioso where the mamma le saltuated to defray the coot or to re- imburse tho city for the coat of ablating the came Notice of the lion shall be filed with the Franklin County Auditor Whenever in any action brought in the Pasco Mu- nicipal Court, it is estab- lish4kd 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 judgment in the case which order shall direct ei- ther (1) That such nuisance be abated or removed by the defendant within a time limited by the court and not exceeding thirty (30) days Or (2) That the nuisance may be abated by the city at the cost of the de- fendant Section Two This ordi- nance shall take effect five (5) days after passage and publication according to law ' ^ iyof! -wed' A 1 A -s-Evelyn Wells, ,City Clerk !APPROVED AS TO FORM ,I-S-Greg A Rubstello City Attorney Legal No 15612 - August 5 1983 AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Eileen Scott , being first duly sworn on oath deposes and says she the principal clerk 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- paper in Franklin 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 "Ordinance No 2459 as It was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, for a period of 1 time cWig6MtWelciQgis, commencing Augu s t on the 5th day of A , 19 83 , and 5th August 83 ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ $9. 10 has been paid in full, also at the rate of 131 inches @ $6.60 = $89.10., Subscribed and sworn to before me this 9t 11 day of August ,1983 Notary Public in and for the State of Washington residing at Pasco IINAN( E DEPAR1M1NT 1509) 545-3401 Sean 726.1401 CITY of P 0 BOX 293 412 WEST (LARK PASCO, WASHINGTON 99301 August 2, 1983 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Attn. Sue Bateman Dear Sue: Please publish Ordinance Nos 2459, 2460 and 2461 on the following date: August 5, 1983 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew