Loading...
HomeMy WebLinkAbout2519 Ordinance0 ORDINANCE NO. 2519 AN ORDINANCE Concerning the Abatement of Nuisances and Amending Section 9.60.090 of the Pasco Municipal Code. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. Section 9.60.090 of the Pasco Municipal Code is hereby amended by the addition of the underlined language appearing below to read as follows: 9.60.090 ABATEMENT OF NUISANCES. (a) 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 forth below. (b) It is the duty of the Director of Community Development for the city or his designee to notify in writing, the owner or occupant of any lot, parcel, or tract of land within the city upon which weeds, grass, vegetation, 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 unsightly or unsanitary ccndition, 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 notice. In case the 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 destruction shall be at the expense of the owner or occupant of the property or against any other person or persons creating, causing or committing ot malntaining the same, and such amount, together with the teasonable legal and administrative Joe-W. Ja son, Mayor C) cost incurred by the city in relation thereto and for collection, shall be paid 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. (c) Whenever in any action brought 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 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. PASSED by the Pasco City Council and approved by Mayor this / of October, 1984. APPROVED AS TO FORM: Greg Rubstello, City Attorney Subscribed and sworn to before me this ' day of October ,19 84 Notary Public in and for the State of Washington residing at Pasco / ORDIRIANCE NO 2519 AN ORDINANCE Con cerning the Abatement of , Nuisances and Amending ,f Section 9 60 090 of the '4'1 Pasco Municipal Code , THE CITY COUNCIL OF , THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS Section One Section 9 60 090 of the Pasco Mu nicipa' Code is hereby . amended by the addition of 1 the underline language ap pearinv,,below to read as follows - 9 60'090 ABATEMENT OF NUISANCES (a) 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 or it may elect to abate the nuisance ,, by following the provisions , set forth below ; (b) It is the duty of the Dl- rectorof Community Devel opment for the city or his designee to notify in writ mg the owner or occupant of any lot parcel or tract of land within I the city upon ; which weeds grass vege , I tabon rubbish debris or I decomposing animal or , vegetable matter has accu ; mulated so as to become a ; fire hazard or injurious or I detrimental to the public , health or welfare and to cre ' ate an unsightly or unsani- I 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 person - or persons creating caus I ing or committing or main taming the same shoUld ' fail to remove the weeds 1, noxious weeds grass veg etakon rubbish debris or ,' decomposing aminal or N vegetable matter or any j other substance causing ‘e ,,, 4, any fire hazard or creating an unsightly or unsanitary ' condition or condition inju nous to the public health or ' welfare within the specified ,r` 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 against any other person or persons creating, causing or corn miffing or maintaining the same and such amount together with the rea- sonable legal and admin- istrative cost incurred by the city in relation thereto and for collection, shall be paid 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 situ- ated 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 (c) Whenever in any ac- tion brought in the Pasco Municipal Court it is estab- lished that a nuisance ex- ists as defined in this chapter the court shall t 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 thirty days, or (2) That the nuisance may be abated by the city at the cost of the de fondant s Section Two This ordi nonce shall take effect five (5) days after passage and r ublication according to aw PASSED by the Pasco City Council and approved by Mayor this 1 of October 1984 , -s-Joe W Jackson Mayor ATTEST -s-Evelyn Wells City Clerk APPROVED AS TO FORM, .‘„,, s-Greg A Rubstello '9,-Sy Attorney *•,, No 17913 - I V, Jbar 5, 1984 _ , ,n`,11 AFFIDAVIT OF PUBLICATION COUN FY OF Benton )ss S1 ATE OF WASHINGTON -11 Karon Roberson , being first duly sworn on oath deposes and says she is the Principal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is Ta 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 'Benton 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 notice 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 on the 5th 1 timo day of October stmeak,s2561, commencing ,19 84. 5 and ending on the 5th day of Ootobor , 19 84 , and that said newspapez was regularly distributed to its subscribers during all of this period s That the full amount of $ 093.15 has not inohes at 6090 2habeen paid in full, also at the rate of FINANCE DEPARTMENT 45101 56S4140{1 Seam 726-3•01 ew Sin ly yours. Eve yn Wells City Clerk P. O. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 October 2, 1984 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance Nos. 2516, 2517 and 2519 on the following date: October 5, 1984 Please send two (2) Affidavits of Publication for each.