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1206 Crystal Ct Staff Report to City Council 1206 Crystal Ct.THE YELM WASHINGTON To: Mayor Ron Harding Yelm City Council City of Yelm STAFF REPORT From: Gary Carlson, Building Official Date: May 1, 2009 (for May 12th City Council Meeting) Subj: Abatement of Property Located at 1206 Crystal Court Recommendation Authorize the Community Development Department to cause a nuisance at 1206 Crystal Court to be abated and to authorize a lien be place against the property for the cost of the abatement. Background The City of Yelm received a Citizens Action Request in October of 2008 from a property owner in the Crystal Court neighborhood regarding the condition of the property and home located at 1206 Crystal Court., described as tax parcel number 43390000700. City staff investigated the complaint and determined that the property was 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) declares as a nuisance: 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, Pagel of 2 packing straw, or other packing materials, lumber not 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, A letter requesting the property be cleaned up was mailed to the owner of record on October 13, 2008. After a month with no response, a notice of violation was mailed certified mail on November 7, 2009. This notice was returned to the City and further investigation revealed that the property had undergone foreclosure. A letter was then sent certified mail to Quality Loan Service of Washington, a California mortgage company. The letter was returned to the City and the City has been unable to contact the company by phone, email, or certified mail. Pursuant to Section 9.48.10 YMC, and at the request of the original complainant, the City began the process to abate the declared nuisance on April 7, 2009. A notice of abatement was sent certified mail to the last known address of Quality Loan Service of Washington and was posted on the property. The certificate of service of the abatement notice was delivered to the City Clerk on April 7, 2009, as required by Section 9.48.010 (D) YMC. The notice of abatement required the nuisance to be abated no later than April 17, 2009, and noted that the City could take action to abate the nuisance and lien the property after April 28, 2009. Current Situation The Community Development Department will begin the process to abate the nuisance by requesting bids through the small works roster. The expense of the clean up will be charged to 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 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. Page 2 of 2 P 4,OC TRep� City o f Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 YELM Yelm, WA 98597 WASHINGTON October 13, 2008 William & Lavonne McMullen 15019105 1h Ave. SE Yelm, WA 98597 Dear Mr. & Ms. McMullen The City of Yelm has received complaints about the up keep of your property at 1206 Crystal Ct.. Specifically, it appears that the property has allowed to be over grown with vegetation and garbage, such as tires, to accumulate. See attached pictures. The Yelm Code at Chapter 9.44.015 YMC states it is a violation to create or maintain a nuisance. Within the next 15 days please bring your property into compliance with the City of Yelm Municipal Code. If you have any questions regarding this letter, please feel free to contact me at the Community Development Department. 360- 458 -8407. Thank you. Sincerely, Gary Carlson Building Official City of Yelm (360) 458 -3835 (360) 458 -3144 FAX www.d.yelm.wa.us P Oc TO Oc TYRft City of Yelm x Community Development Department 105 Yelm Avenue West P.O. Box 479 YELM Yelm, WA 98597 WASHINGTON November 7, 2008 William & Lavonne McMullen 15019105" Ave. SE Yelm, WA 98597 Mr. & Mrs. McMullen NOTICE IS HEREBY GIVEN pursuant to Section 1. 16.040 YMC that your use of property at 1206 Crystal Ct. in violation of the Yelm Title 9 YMC. ALLEGATIONS OF FACT 1. William R & Lavonne L McMullen owns or controls real property within the City of Yelm, identified by tax parcel number 43390000700 described as Section 18 Township 17 Range 2E Plat CRYSTAL COURT LT 7 Document 0211058 2. On October 13, 2008 Gary Carlson, Building Official City of Yelm, sent a letter via the US postal system to the registered owners requesting the owners bring the property into compliance with Section 9 of the Yelm Municipal Code. 3. The Compliance request date of October 28, 2008 has passed without a response from the McMullen's or cleanup of the nuisance. ALLEGATIONS OF LAW A. The above described real property is within the City of Yelm. B. The above described parcel is in violation of the Yelm Municipal Code. C. The property owners failed to comply with a letter of correction dated October 13, 2008 (360) 458 -3835 (360) 458 -3144 FAX wwwxLyelm.w¢.us IT IS ORDERED THAT William R and Lavonne L McMullen complete the clean up the Nuisance by November 14, 2008. Failure to comply with the terms of this notice of violation may result in further actions by the City of Yelm, including, but not limited to the issuance of civil penalties of up to $200.00 per day of violation or further enforcement action through a court of competent jurisdiction. Signed in Yelm, Washington this 7th day of November 2008 Gary L Carlson Building Official City of Yelm Enclosed letter dated October 13, 2008 Cc: Brent Dilly, Prosecuting Attorney City of Yelm Dale Tahja, Thurston County Public Health & Social Services Department (360) 458 -3835 (360) 458 -3144 FAX www.ckyelm..wa.us P-.Ma�q City o f Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 YELM Yelm, WA 98597 wasHi�c-ron November 14, 2008 Quality Loan Service Corp. of Washington 319 Elm Street, 2nd Floor San Diego, CA 92101 Attn: Katherine Gustayson Re: 1206 Crystal Ct. NW, Yelm, WA 98597 Ms. Gustayson, The property listed as 1206 Crystal Ct. NW by the Thurston County Assessors Office, State of Washington, appears to be owned by Quality Loan Service Corp.. Enclosed are copies of the letters sent to the owners as listed by the County Assessors Office regarding complaints on the upkeep of the premises. Please review the requests and act on them promptly. If the information on the Trustee Sale is outdated please up date us with the current property owner. If I can be of help or answer any questions i may be reached at (360) 458 -8407 or by email at gar yc@ci.yelm.wa.us. Thank you. Sincerely .� _ 1 Gary Carlson Building Official City of Yelm (360) 458 -3835 (360) 458 -3144 FAX www.ci.yelm..wa.us NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION (NUISANCE) Quality Loan Service Corp. of Washington 319 Elm Street, 2nd Floor San Diego, CA 92101 Attn: Katherine Gustayson As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at 1206 Crystal Ct._parcel # 43390000700 , you are hereby notified that the enforcement officer of the city of Yelm has determined, pursuant to Chapter 9.48 of the Yelm Municipal Code, that there exists upon or adjoining said premises the following condition contrary to the provisions of Chapter 9.44 of the Yelm Municipal Code. You are hereby further notified to abate that condition to the satisfaction of the city within _10_ days of the date of this notice. If you do not abate the condition within _21_ days the city will abate the condition at your expense. In addition, your failure to abate the condition will be considered a violation for which you may incur monetary penalties as provided in Sections 9.44.015 and 9.48.040, Yelm Municipal Code, for each day or part of day that the condition continues to exist. Alternatively, failure to abate a nuisance may be prosecuted as a misdemeanor under Section 9.48.050 Yelm Municipal Code. You have the right to appeal this notice within five days as provided in Section 9.48.010(E), Yelm Municipal Code, or within ten days from the date of service by mail, as evidenced by the postmark on the notice. Thank you for your immediate attention to this matter. Gary Carlson Enforcement Officer April 7, 2009 Date CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of the attached Notice to Abate Unsafe or Unlawful Condition was served upon the person (or persons) to whom it was addressed by (check one or more of the following): ❑ Delivering the copy to each of the addressees personally; ❑ Leaving the city at the owner's place of residence with a person of suitable age and discretion; or ❑ Leaving the copy with the tenant in possession of the property; or X Mailing a copy, certified mail with return receipt requested, to the owner at his (her) last known address, postage prepaid; or X Leaving a copy posted on the vacant premises and mailing a copy, certified mail with return receipt requested, to the owner (who is not a city resident) at his (her) last known residence, postage prepaid. April 7, 2009 G. Carlson Date Signature `n . 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