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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 RES #08-517, Page I 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 RES #08-517, Page 3