Res 08-517
RESOLUTION NO. 08-517
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, CONFIRMING REPORT OF
EXPENSES FOR THE ABATEMENT OF NUISANCE PROPERTY
WHEREAS, on August 2, 2007, the City issued a Notice of Violation and Order to Correct
pursuant to Federal Way City Code ("FWCC") 1-17 to Daniel Hoban for violations ofFWCC 22-
952 Junk and Junk Yards Prohibited, International Property Maintenance Code ("IPMC")'302.5
Rodent Harborage, and FWCC 2-1177 Parking and Storage of Recreational Vehicles existing at the
property located at 2316 SW 325 Street, Federal Way, W A 98023 ("Property"); and
WHEREAS, on August 16,2007 Mr. Hoban and the City of Federal Way ("City") entered
into a Limited Right of Entry Agreement ("Agreement" whereby Mr. Hoban agreed to correct the
violations By August 23,2007; and
WHEREAS, the Agreement further provided that Mr. Hoban authorized the City to correct
the violations if the Property was not brought into compliance by August 23,2007; and
WHEREAS, on August 23,2007, the Property remained in violation; and
WHEREAS, Mr. Hoban granted the City and its agents, employees, and contractors, the right
to enter upon the Property to correct the violations; and
WHEREAS, the abatement was performed by Olympic Landscape Maintenance, under
contract with the City, at a cost of$9,2l7.97; and
WHEREAS, the City has incurred incidental expenses in the amount of$3,183.00; and
WHEREAS, FWCC 1-21 (b)(2) provides the City shall bill its costs, including incidental
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expenses, of abating the violation to the person( s) obligated to perform the work under the notice and
order, which costs shall be come due and payable 30 days after the date ofthe bill.
WHEREAS, on November 5, 2007, the City personally served Mr. Hoban with an invoice for
the total amount of abatement costs; and
WHEREAS, Mr. Hoban has failed to pay for the total costs of abatement within the 30-day
period; and
WHEREAS, the City Council received an itemized report from the city's Code Enforcement
Officer of the work performed to correct the violations; and
WHEREAS, pursuant to the FWCC 1-21 the City Council confirms the amount of the
abatement and incidental expenses stated in the report and authorizes collection of that amount;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Confirmation of Report of Expenses. The Council herby confirms the expenses of
the abatement, in the amount of$9,217 .97 and incidental expenses incurred by the city in the amount
of$ 3,183.00, for a total of$12,400.97.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers ofthis ordinance are authorized to
make necessary corrections to this ordinance including, but no limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
RES #08-517, Page 2
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 15th day of January,~. J~
CITY OF FEDERAL WAY
ATTEST:
AWAY,CMC
APPROVED AS TO FORM:
f~{l ~
CITY ATTORNEY, PATRICIAA. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
~'J~?i
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