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Home My WebLink About3184 RESOLUTION NO. 3 A RESOLUTION of the City Council of the City of Bremerton, Washington, reviewing charges for the abatement of nuisance conditions on the property located at 2116 — 5 Street and determining means of collection WHEREAS, the City of Bremerton incurred costs for securing the house and removing garbage and debris from the property located at 2116 — 5 Street, and WHEREAS, Section 1.04 120 of the Bremerton Municipal Code allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property, and WHEREAS, the City Council is charged with holding a hearing to determine whether the fees are dust and how they should be collected, and has considered the report of charges filed by the Code Enforcement Officer of Community Development and any protests or objection filed, and WHEREAS, following the hearing, the City Council shall either confirm the report and charges therein, modify the report or reject the report; and WHEREAS, on October 26, 2012 the City caused notice of hearing to be 1) posted on the property involved, 2) served by certified mail, postage prepaid, addressed to the owner, and occupant or tenant if known, and 3) published by a legal advertisement in the Kitsap Sun; and WHEREAS, on November 7, 2012 the City Council conducted a hearing and considered all testimony; and WHEREAS, the Director of Community Development recommends the fees be collected pursuant to the Code Enforcement Officer Report of Charges as a lien against the property located at 2116 — 5" Street, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The findings set forth in the recitals above are hereby adopted SECTION 2. The abatement charges, set forth in Exhibit A attached hereto, included in the report of the Code Enforcement Officer of the Department Community Development for the property located at 2116 — 5` Street, Bremerton, WA, are dust and reasonable and therefore the report, and the abatement charges thereof, is hereby confirmed and approved 1 Abatement Lien SECTION 3. The City of Bremerton will exercise its right to recapture abatement fees set forth in the report, therefore the Mayor, or designee, is hereby authorized to file the lien against the property and to take any appropriate action to collect the fees and costs owed as set forth in the report as a result of the lien SECTION3. Severabilq If any one or more sections, subsections, or sentence of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 4. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington, this day of 1 2012 M McDONALD, Council President APPROVED AS TO FORM EST -- M� 4 p eL ROGER A. LUBOVICH, City Attorney SFhk9NON CORIN, City Clerk _ R \Legal\Legal\Resolutions \Community Development\Abatement Lien -2116 5th Street docx 2 Abatement Lien EXHIBIT A ABATEMENT FEE $ 900.00 PUBLIC WORKS AND UTILITY COSTS $1,510.24 TOTAL $2 3 Abatement Lien CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT IN RE THE MATTER OF: DECLARATION OF POSTING Kathren Trtsworth #C12 0200 STATE OF WASHINGTON) ss. County of Krtsap ) I, Allison Daniels, declare as follows - 1 That I am a citizen of the United States of America, a resident of the State of Washington, over the age of eighteen (18) years, not a party to the above - entitled action, and competent to be a witness herein. 2. That on the 25th day of October, 2012, I posted a true and correct copy of the above captioned Notice of Public Hearing issued October 25, 2012, by stapling said notice to the front door of the house on the property located at 2116 — 5 Street. Executed at Bremerton, Kitsap County, Washington on this 25th day of October, 2012 I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best itant: y knowledge. -_ =_ r Al ison Daniels CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT IN RE THE MATTER OF DECLARATION OF MAILING Kathren Titsworth #C 110200 STATE OF WASHINGTON) ss. County of Kitsap ) I, Allison Daniels, declare as follows 1. That I am a citizen of the United States of America, a resident of the State of Washington, over the age of eighteen (18) years, not a party to the above - entitled action, and competent to be a witness herein. 2 That on the 26th day of October, 2012,1 mailed a properly addressed and stamped envelope a true and correct copy of the Notice of Public Hearing issued October 26, 2012, by depositing said envelope in a mail receptacle of the U.S. Postal Service, via U S Regular and Certified Mail for delivery to: Kathren Titsworth c/o Ann Newell 1294 Lrdstrom Rd E. Port Orchard, WA 98366 Executed at Bremerton, Kitsap County, Washington on this 26th day of October, 2012 I declare under penalty of penury under the laws of the State of Washington that the foregoing is true and correct to the best of my knowledge. rant. rson AFFIDAVIT OF PUBLICA r10N Account #37922 All #287097 STATE Oi' WASHINGTON COUNTY 01 Kl I'SAP I Stacey J C Hovland being fii%t duly sworn on oath deposes and says That she r, now and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KiTSAP SUN that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than sir months prior to the (late of the publication hereinafter referred to, published in the English language continually as a daily newspapei in Bremerton, Knsap County Washington a weekly newspaper in Kitsap County, Washington and is now and (luring all of said time. was printed in an affiw, maintained in the aforesaid place of publication of said newspaper, that the following is a true text of in advertisement as it was published in regular iSSULs (and not in supplement term) of said newspaper on the. following date, to wit And on October 26, 2012 such newspaper was regularly distributed to its suhsciibers during all of said period 'file full amount of the fee charged for the foregoing publication is the sum of 562 01 This amount has not been paid in full a (Signature of Principa Clerk) SuhN(,ribed and sworn to before me this day of October 31 2012 VV Notary Public in and for the State of Washington, Kitsap County NOTARY PUBLIC [My TATE OF WASHINGTON HRISTY NI IMOFF TTT ppointment Expires duly 08, 2016 CiTY OF BREMERTON NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there will he ,1 public hearing befoie the City Counui of the City of Bremerton on DAI E NOVLMBER 7, 2012 11ML 5 30 P M OR LATER in the Meeting Chambers at Norm Dicks Government Center 345 - 6th Street Bremerton Washington, and all interested persons are requested lobe present lobe Lonsideted is the following APPLICANT City of Bremerton ACTION Request approval of lien to recoup costs incurred in the amount of $2410 24 for the abatement of nuisanc(, conditions on the property located at 2116 - 5th Street ALL PROTESTS AND OBJECTIONS TO THIS ACTION MUST BE FILED IN WRITING IN T HE OFFICE OF THE CIT Y CLERK 345 - 6th S rREET, SUITF 600 PRIOR TO CLOSE OF BUSINESS ON rHE DA iL OF THE HEARING DA fED at Bremerton Washington this 25th day of OCTOBER 2012 For more information regarding this action you may contact Janet Luncetord at ( 360) 473 -5213 Andrea L Spencer Dir Of Community Development