The URL can be used to link to this page

Home My WebLink About1596 Resolutionr ells, City Clerk Grdg ubstel , City Attorney RESOLUTION NO. 1596 A RESOLUTION establishing policies and procedures governing the use and management of the Revolving Abatement Fund (Chapter 3.77, PMC). WHEREAS, the City Council finds the health, safety and general welfare of Pasco citizens will be preserved and enhanced through the expedient and lawful use of the Revolving Abatement Fund; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON- That the attached statement of Policy and Procedure for the Revolving Abatement Fund is hereby adopted and the City Manager hereby is directed to institute use of the Revolving Abatement Fund, in accordance with such policy and procedure, immediately. PASSED this 6 day of Septer&r,1983, and approved by the Mayor. dyza Ira L. Schmidt, Mayor Prro Tern ATTEST: APPROVED AS TO FORM: CITY OF PASCO STATEMENT OF POLICY AND PROCEDURE governing the use of the REVOLVING ABATEMENT FUND June, 1983 Community Development Department REVOLVING ABATEMENT FUND I. PURPOSE The Revolving Abatement Fund is established to provide a perpetual source of funds which the City will use, under certain circumstances, to abate conditions which are deemed to constitute or contribute to the presence of slum and blight. The principal objectives of this fund are: (A) Dangerous structures, as defined by the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the City of Pasco (B) Certain public nuisances, as defined under Chapter 9.60 of the Pasco Municipal Code, to wit: 1. Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous (PMC 9.60. 030(5); 2 Filty, littered or trash-covered cellars, house yards, barnyards, stable yards, factory yards, vacant areas in rear of stores, vacant lots, houses, buildings, alleyways, or premises; or placing, dripping, disposing, throwing away, or otherwise discarding litter, garbage, refuse, cans, bottles, paper or paper material, metal, organic or inorganic material, upon property other than in receptacles or areas as designated in Chapter 6.04 (PMC 9 60.030(6)); 3. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric a brac, broken stone or cement, broken crockery, broken glass, broken plaster, automobile bodies and/or parts, and all such trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles approved by the health officer (PMC 9.60.030(9)); 4. Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material, lumber not neatly piled, scrap iron, tin and other matel not neatly piled or anything which may be a fire danger (PMC 9.60.030(10); 5. Any unsightly building, billboard, fence, excavation, or other structure, or any abandoned or partially destroyed building, fence, excavation or structure, or any building, fence excavation or structure commenced and left unfinished (PMC 9.60.030(11); 6 All places used or maintained as junkyards, or dumping grounds, or for the wrecking or dissembling of auto- mobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of wornout, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by any persons, which places are kept or maintained so as to essentially inter- fere with the comfortable enjoyment of life or property by others (PMC 9.60.030(12)), 7. All trees, plants, shrubs, grass, brush, weeds or other vegetation, or part thereof, which overhang any sidewalk, street or alley, or which are growing there in such a manner as to obstruct or impair the free and full use of the sidewalk, street or alley by the public (PMC 12.12.080 (a)); 8 All trees, plants, shrubs, grass, brush, weeds or other vegetation 4rowing or which have grown and died that are found upon any property and which are a fire hazard or otherwise a menace to public health, safety, welfare or order (PMC 12 12 080 (a)); 9. Weeds, brush or uncultivated vegetation growing or having grown generally in an area to a height of twelve inches or more above the ground, so that they menace the public health, safety, welfare or order, or have grown to such an extent to be a menace to public health, safety, welfare or order (PMC 12.12.080(b)); 10. Cut vegetation that has accumulated in such a manner that it can be readily scattered or blown about by customary winds in such an amount as to menace the public health, safety, welfare or order (PMC 12.12 080(b)). II. AUTHORITY AND RESPONSIBILITY FOR ADMINISTERING FUND Under the general supervision of the City Manager, the Community Development Department will have the authority and responsibility to use the Revolving Abatement Fund in accordance with the policies and procedures set forth herein. III. POLICIES TO GOVERN OPERATION OF FUND The following policies will guide the use of the Revolving Abatement Fund: A Dangerous Structures 1) The only eligible uses of this fund are for those structures which have been declared a dangerous building by due process procedures pursuant to Uniform Code for Abatement of Dangerous Buildings and a lack of abatement has occurred in compliance with the order of the Building Official or Building Appeals Commission (whichever constitutes the final order). 2) Consistent with Section 1 above, the City Council must first authorize the expenditure of funds from the Revolving Abatement Fund for the abatement of a specific dangerous structure and such authorized use of the Revolving Abatement Fund must comply with all applicable Federal, State, and Municipal require- ments. 3) To recover the abatement cost, a lien will be filed against the real property upon which a dangerous structure has been abated. Other lawful means to recover such abatement costs, in addition to the lien, may be authorized by the City Council on the advice of the City Attorney. B. Public Nuisances 1) Only those public nuisances enumerated in I(B), will be eligible for expenditure of funds from the Revolving Abatement Fund. 2 ) The Community Development Director may authorize expenditures from the Revolving Abatement Fund to abate an eligible nuisance, after compliance with the notice procedures provided under Chapter 9.60.090, PMC, providing that funds are available and providing that the abatement expenditure does not exceed $500 Any expenditure over $500 shall require the approval of the City Manager. 3) Use of the Revolving Abatement Fund will comply with all applicable Federal, State, and Municipal requirements. 4) Repayment fundsie received from the property owner, of the expense of nuisance abatement must be deposited in the Revolving Abatement Fund; failure by the property owner to remit the full cost of abatement within the time provided under Chapter 9 60.090 (PMC) will cause the filing of a lien against the subject real property. The City Council on the advice of the City Attorney may authorize other lawful means to recover such abatement costs IV. PROCEDURES FOR INSTIGATING ABATEMENT A) Dangerous Buildings 1) Building Official issues Notice and Order to Repair or Demolish; where after / upon conclusion of any appeal period and failure of property owner to comply with the Order (as may be modified by Building Appeals Com- mission), the Community Development Director notifies the City Council through the City Manager of Order status and requests authorization to expend funds from the Revolving Abatement Fund, to cover the estimated cost of abating the structure. 2) City Council, by motion, authorizes expenditure of funds from the Revolving Abatement Fund in a specific amount. 3) If the estimated cost is less than $15,000, Community Development Director solicits written demolition quotations from qualified contractors. If the estimated cost exceeds $15,000, Community Development Director institutes formal bidding procedures in accordance with applicable statutes. 4) Community Development Director submits lowest qualified quotation or bid to the City Council for authorization to enter contract; City Council approves contract award by motion. 5) Upon satisfactory execution of the contract and submittal of all necessary documentation (bond, insurance, etc ), the Community Development Director gives contractor notice to proceed and supervises execution of contract. 6) Upon satisfactory completion of the contract, the Community Development Director recommends acceptance of work; City Council accepts completed work by motion and contractor is paid. 7) Community Development Director prepares and files with Franklin County Auditor a lien against the subject real property, such lien representing the whole cost of abating the particular structure(s) involved. B. PUBLIC NUISANCES 1) Community Development Director, or designee, gives written notice of (by certified mail, return-receipt requested) violation to property owner and specifies time period for abatement (per 9.60.090, P.MC). 2) If owner abates nuisance, no further action is necessary. If owner fails to satisfactorily abate nuisance in accordance with city's written notice within specified time period, Community Development Director or designee issues citation to property owner and solicits at least three (3) written quotations from qualified contractors to abate the nuisance identified in the Notice and Citation 4 Community Development Director determines the lowest qualified quotation and, upon satisfactory execution of the contract and submittal of necessary documentation, authorizes contractor to proceed and supervises abatement of nuisance. 5) Upon satisfactory completion of contract, Community Develop- ment Director accepts work and authorizes payment of contractor. 6) Community Development Director sends the property owner a statement (by certified mail, return-receipt requested) for full cost of abatement as provided in 9.60.090 (PMC). Any amount remitted is deposited in the Revolving Abate- ment Fund. 7) If the owner fails to remit the entire billed amount, the Community Development Director will issue a citation for failure to pay, as provided under 9.60.080. 8) Community Development Director prepares and files with the Franklin County Auditor a lien against the subject real property to recover the outstanding balance of the billed amount. *******************************************************