017-18 - Resolution - Abatement of a Dangerous Building at 1398 Canyon Lane and to Recover Costs from Property OwnerRESOLUTION NO. 017-18
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING
THE STAFF REPORT CONCERNING THE ABATEMENT OF A DANGEROUS BUILDING
AT 1398 CANYON LANE AND DIRECTING THE CITY TO ATTEMPT TO RECOVER THE
COSTS FROM THE PROPERTY OWNER OF RECORD AT THE TIME OF THE
ABATEMENT.
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WHEREAS, in 2017, the City abated a dangerous building and public nuisance at 1398
Canyon Lane; andi
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WHEREAS, in performing the abatement, the City incurred costs for legal and court fees,
staff time, materials, contracted services, and miscellaneous; and)
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WHEREAS, the abatement was done in accordance with the 1997 Uniform Code for the
Abatement of Dangerous Buildings (UCADB), as adopted by POMC 20.200.008; and
WHEREAS, on August 4, 2017, the City received from Kitsap County Superior Court a
Warrant of Abatement and a Default Judgment against the property owner for "all costs and
expenses incurred" by the City; and
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WHEREAS, the property owner at the time of the abatement had possession of the
property for six years, during which time it failed to take any actions to secure the building from
unauthorized entry or remove dangerous and public nuisance conditions from the building and
property, despite a notice and order from the City to do so; and
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WHEREAS, at its regular meeting on March 27,2018,the Port Orchard City Council
held a public hearing to consider the staff report of the action taken, the costs and proposed
charge thereof, and any protests or objections thereto from any parties interested in or affected
by the proposed charge; and
WHEREAS, in accordance with the requirements of the UCADB, proper notice of the
hearing was given by posting upon the property involved, publishing once in a newspaper of
general circulation in this jurisdiction, and serving by certified mail, postage prepaid, addressed
to the owner of the property at the time of the abatement, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
THAT: The staff report and costs as presented at the hearing are accepted and the City
is directed to attempt to recover the costs as a personal obligation against the property
owner of record at the time of the abatement.
Resolution No. 017-18
Page 2 of 2
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 27th day of March 2018.
Robert Putaansuu, Mayor
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ATTEST'/
Brandy Rinearson, MMC, City Clerk
Abatement of Dangerous Building
and Public Nuisance
1398 Canyon Lane
In September - October, 2017, the City’s contractor, Sound Excavation, Inc., demolished the house
at 1398 Canyon Lane and cleared and fenced the property. The abatement was done in accordance
with the 1997 Uniform Code for the Abatement of Dangerous Buildings (UCADB), as adopted by
POMC 20.200.008. A warrant of abatement and a default judgment for “all costs and expenses
incurred” by the City was issued by Kitsap County Superior Court on August 4, 2017.
Background
Construction of a three-story single-family dwelling at this location began in 1981-82. Construction
repeatedly deviated from the approved design and proceeded without inspections. Multiple stop-
work orders were issued by the City. When construction stopped in 1985, the framing and exterior
were mostly complete and it was apparently becoming a 3-5-unit multi-family dwelling. The building
was never completed or removed and became a public nuisance and an attraction to vagrants and
children. In response to numerous notices and abatement orders over the subsequent 32 years, it
was occasionally secured from entry and a structurally-failing portion was demolished in 2008, but
owners were otherwise unresponsive. It continued to deteriorate and became increasingly
dangerous. The owner at the time of the abatement had possession of the property from 2011-2017,
during which time he took no apparent action to secure the building from entry, remove hazards, or
clean up the property. He responded to the City only once, at which time he was considering
abandoning the property to eventually be foreclosed for unpaid property taxes.
Property and Owner
The property and owner are identified as follows:
Location: 1398 Canyon Lane
Parcel #: 4056-011-015-0005
Tax Description: lots 15 to 24, block 11, Sidney villa addition to Sidney, as recorded in volume 2
OF PLATS, PAGE 46, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO
THE CITY OF PORT ORCHARD UNDER AUDITOR'S FILE NO. 972160; AND EXCEPT THAT PORTION LYING WITHIN
PORT ORCHARD BOULEVARD; SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF
WASHINGTON.
Owner/Taxpayer: One Love, LLC (California corporation, not registered in Washington.*)
Sergio Maciel, Manager / Registered Agent*
6831 Lynalan Ave
Whittier, CA 90606
* - Per Sergio Maciel in 4/6/17 phone call. Staff have searched records and been unable to independently verify
this information.
Timeline of Significant Events
May 23, 2016 Abatement order issued.
April 16, 2017 Phone conversation with Sergio Maciel, who acknowledged receiving the
abatement order and was considering his options. Was to make a decision and
respond to me within one week, but failed to do so. No further contact.
August 4,2017 Received Warrant of Abatement and Default Judgment for “all costs and expenses
incurred...” from Kitsap County Superior Court.
August 8,2017 Public Works crew removed dangerous walkway and boarded doors and
windows.
August 16,2017 Asbestos survey by Krazan & Associates, as require by the Puget Sound Clean
Air Agency.
Sept.-Oct., 2017 House demolished by Sound Excavation, Inc., leaving part of the foundation wall
as a retaining wall. All debris removed and properly disposed. Fence installed on
east side of property, due to resulting drop-off from road level, and on the south
side to prevent the somewhat isolated site from becoming a dumping ground.i
Abatement Costs
The total cost of this action was $44,048.39, including contracted sen/ices, staff time and materials,
legal fees, and miscellaneous costs, as detailed in the attached cost report.;
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REPORT OF COSTS
ABATEMENT OF 1398 CANYON LANE
CITY OF PORT ORCHARD
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$851.53
$29,430.00
$1,638.28
$827.50
$21.22
$153.00
Board-up - Public Works Crew
Demolition and cleanup - Sound Excavation, Inc.
Fencing - Sound Excavation, Inc.
Asbestos survey - Krazan & Associates, Inc.
Certified mailing costs
Document recording fees
Notice & Order
Lis Pendens
Filing Fee - K..C. Superior Court
Cost of staff time - Doug Price - 10/21/2016-2/23/2018
Legal fees - Lighthouse Law Group, PLLC
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<$78.00
$75.00
10/7/2016 Doc. #201610070195
5/16/2017 Doc. #201705160192
$240.00
$2,707.06
$7,632.50
$43,501.09Subtotal
Projected costs for public hearing, closing project, and obtaining judgment:
Publish notice of public hearing
Certified mail
Record release
Staff time - 8 hours
$20.00
$7.02
$75.00
$445.28
$44,048.39Total
I certify that the foregoing is a true and correct accounting of costs incurred by
the City of Port Orchard in the abatement of1398 Canyon Lane.
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