8503 Canal Rd SE Abatement Req
City of Yelm
STAFF REPORT
To: Mayor JW Foster
Yelm City Council
From: Chris Vaccaro, Building Official
Date: February 15, 2018 (for February 27th City Council Meeting)
Subject: Abatement of Property Located at 8503 Canal Rd SE
Recommendation
Authorize the Community Development Department to cause a nuisance at 8503 Canal Rd SE. The unauthorized storage of unlicensed inoperable vehicles and accumulation of garbage may require
the imposing of fines and/or the possibility of abatement.
Background
The City of Yelm has received several requests from property owners in the neighborhood of Canal Rd Se regarding the condition of the property and home located at 8503 Canal Rd SE, described
as tax parcel number 22718310203.
City staff has investigated the complaint and determined that the property is in violation of Section 9.44.015 Yelm Municipal Code which states that:
It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any premises, any of the acts or things declared in YMC 9.44.010 or 9.44.020 to be a public
nuisance, or to fail to abate such a nuisance pursuant to lawful notice given under Chapter 9.48 YMC.
Section 9.44.020 (K) (7) YMC declares a nuisance as:
Placing, depositing, keeping, having or leaving in or upon any private lot, building, structure or premises, or in or upon any street, avenue, park, parkway,
or public or private place in the city any one or more of the following conditions, places, or things:
7. Trash, litter, weeds or grass, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing straw, or other packaging materials,
lumber mot piled, scrap iron, abandoned stoves, kitchen appliances, tin and other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which
may be a fire danger.
H. Building or maintaining any structure in such condition as to be dangerous to the health of the citizens of the city;
10.20.010 Time Limits. No unlicensed and/or inoperable motor vehicle, “as such is defined in RCW Title 46, shall be stored on any premises within the city for a period exceeding 30
days, unless the same is stored within an enclosed structure. Violations hereof shall be attributed to the owner of record of the real property. (Ord. 367 1, 1990).
The first letter addressing the property was sent on January 11, 2018. A follow up letter requesting contact with an intent plan on resolving the issues was sent on January 31, 2018.
If abatement becomes necessary a notice will be delivered to the city clerk as required by Section 9.48.010 (D) YMC.
Current Situation
The owner of the property has contacted the city in person, (2/7/18) as well as spoke to me on the said property (2/7/18) and fully intends to cooperate.
As long as consistent improvements on the property are observed the city will be satisfied and no further action will be necessary. If garbage continues to collect or more unlicensed
inoperable vehicles begin to gather, abatement will be followed through.
The Community Development Department will begin the process to abate the nuisance by requesting bids through the small works roster.
The expense of the cleanup will be charged to the budget line number 001 558 10 42 01, which is the consulting services and plan review line in the Community Development Department budget.
All Costs incurred by the City for the abatement will be applied to the property as a lien for reimbursement pursuant to Section 9.48.10 (G) YMC.
Upon completion of the abatement and after all final costs are known, the Community Development Department will prepare a budget amendment Ordinance for the Council’s consideration in
order to balance the expenditure with the anticipated revenue.