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HomeMy WebLinkAbout3230 RESOLUTION NO. 3230 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 233 Elm Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for securing the house and removing garbage, debris and nuisance vegetation from the property located at 233 Elm 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, BMC 1.04.120(c)(1) authorizes the lien to be assessed upon the County tax rolls pursuant to RCW 35.80.030(1)(h). WHEREAS,the City Council is charged with holding a hearing to determine whether the fees are just 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 August 4, 2014 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 3) published by a legal advertisement in the Kitsap Sun; and WHEREAS, on August 20, 2014 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 233 Elm 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. 1 Abatement Lien 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 233 Elm Street, Bremerton, WA, are just and reasonable and therefore the report, and the abatement charges thereof, is hereby confirmed and approved. SECTION 3. The Mayor, or her designee, is authorized to file a lien and take any other legal action to collect the abatement charges, and the City Treasurer may certify the abatement charges to the County Treasurer pursuant to RCW 35.80.030(1)(h). SECTION 4. Severability. 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 S. Effective Date This Resolution shall take effect and be in force immediately upon its passage. r� PASSED by the City Council of the City of Bremerton, Washington, this day of , 2014. GRE HEELER, Council President APPROVED AS TO FORM ATTE &//V &AA,4-0� ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\L.egal\Files\Current Active Files\233 Elm Street-Laurie\Laurie Resolution 7-30-14.docx 2 i Abatement Lien EXHIBIT A CONTRACTOR COST $9,619.95 ADMINISTRATIVE FEE $ 900.00 SUPERIOR COURT FILING FEES $ 240.00 PROCESS SERVICE $ 85.00 TOTAL $10,844.95 3 Abatement Lien