04/26/2022 - Regular - Additional Docs-Code Enforcement SRAgenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 8.H
Resolution regarding Code Enforcement
abatement action at 4145 Ramsey Rd. SE
Meeting Date:
April 26, 2022
Prepared by:
Charlotte Archer, Atty
Doug Price, DCD
Atty Routing No:
366922-0011- DCD
Atty Review Date:
N/A
Summary: The City has commenced a code enforcement action against the owners of real property located
at 4145 Ramsey Rd. SE in the City of Port Orchard (Kitsap County Parcel No. 0223014-017-2009) (the
"Property"), for maintenance of a dangerous structure and associated ongoing public nuisance conditions,
which are violations of the Port Orchard Municipal Code. By way of background, the City of Port Orchard has
been pursuing the cleanup of the Property since July 2020. At that time the house had been vacant for
multiple years due to structural damage. An inspection by the City's Building Inspector on August 6, 2020,
revealed that the house was partially -demolished, with nearly all the siding removed, doors and windows
removed, roof sheathing removed, and the floor structure largely missing or collapsed. An abatement
complaint and notice of hearing were served on the Property's owners on November 24, 2020, and a hearing
was held on December 9, 2020. As a result of the hearing, the Director of Community Development issued
Findings of Fact and an Order, dated December 15, 2020, in accordance with POMC 20.212 and RCW Ch.
35.80. That Order required the Property's owners (and any tenants) to vacate the dangerous structure, and
design and execute necessary repairs to bring the structure into code compliance so that it could be safely
utilized. That Order was not appealed.
On January 14, 2021, the Property was sold to new owners. On February 5, 2021, the Code Enforcement
Officer notified the new owners of the Order and conditions therein. In January 2022, the Code Enforcement
Officer inspected the Property and confirmed that the property was in a further deteriorated condition and
in danger of collapse. The City has received frequent complaints regarding the Property and continues to
receive complaints.
The City has the authority to abate nuisances and dangerous buildings, to expend public funds for the
purpose, and to recover those funds via various means, under the authority of these regulations and RCW
7.48 and 9.66, and additionally, to file a lien against the property under the authority of RCW 35A.21.405.
The City has budgeted funds for the abatement of dangerous buildings and public nuisances.
Relationship to Comprehensive Plan: No relationship to Comprehensive Plan.
Recommendation: Provide authorization to the Mayor or designee (Code Enforcement Officer and City
Attorney) to move forward with the lawsuit for nuisance abatement.
Motion for consideration: I move to adopt a Resolution authorizing the Mayor or designee to move forward
with legal action against the owners of real property located at 4145 Ramsey Rd. SE, for all claims and
damages appropriate to remediate the public nuisance conditions and code violations existing on said
property.
Fiscal Impact: All of the costs of this action, including attorney fees, are potentially chargeable to the
property owner, and so may be reimbursed. Due to variables in the cost of abatement, response of the
owner, and value of the property if sold at tax auction, total costs and percentage of recovery of those costs
is unknown. It is anticipated that cost recovery in this case may not exceed $2,000, which is likely to be only
a portion of the cost of this abatement, as that is the limit of what may be recorded as a priority lien for a
public nuisance abatement, in accordance with the provisions of RCW 35A.21.405; however, the City has
budgeted adequate funds for dangerous building and public nuisance abatement.
Alternatives: Do not approve Resolution and provide guidance to staff regarding either not moving forward
with the abatement or moving forward in a different manner.
Attachments: Resolution
Code Enforcement Notice and Order
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