027-17 - Resolution - Warrant of Abatement for 1398 Canyon LaneRESOLUTION NO. 027-17
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE CODE ENFORCEMENT OFFICER AND CITY ATTORNEY TO INITIATE A LAWSUIT
IN KITSAP COUNTY SUPERIOR COURT TO OBTAIN A WARRANT OF ABATEMENT
FOR THE OWNER OF 1398 CANYON LANE
WHEREAS, the City of Port Orchard has been pursuing the abatement of 1398 Canyon Lane
under the provisions of the 1997 Uniform Code for the Abatement of Dangerous Buildings (UCADB),
as adopted by Port Orchard Municipal Code (POMC) Section 15.04.010; and
WHEREAS, while the building on this property was permitted in 1981 to be constructed as a
single-family dwelling, it was not constructed according to approved plans and specifications, and a
stop work order was issued by the City in 1982. Revised plans were submitted in 1982 and approved,
however, construction again ceased in 1983 or 1984; and
WHEREAS, the building has remained in an unprotected, increasingly deteriorating
condition since 1984, during which time the property has been repeatedly dumped on and the
building entered by children and vagrants. Between 1996 and 2005, the property has been the
subject of repeated abatement orders and other enforcement measures to have the property
cleaned up and the building secured from entry; and
WHEREAS, in 2007-2008, the City issued an abatement order for a failing addition to the rear
of the building due to movement of the ground and structural failure. The 13-foot rear addition was
demolished. The new rear wall was never finished and the windows and doors were never installed;
and
WHEREAS, the building is built on top of a steep slope of unstable soils, and a 2009
engineer's report noted that the west side of the building had settled by three inches; and
WHEREAS, in February 2011, the current owner of the property purchased the property by
foreclosure sale; and
WHEREAS, between 2013 and 2014, the City issued notices and abatement orders to the
owner for the unsecured building, structural deterioration, vegetation and debris; and
WHEREAS, on March 16, 2016, the building was inspected by the City and determined to be
dilapidated, unsecured and dangerous; and
WHEREAS, the City found that the building violated numerous provisions of the UCADB; and
Resolution No. 017-17
Page 2 of 3
WHEREAS, on May 23,2016, the City issued a Notice and Order to Abate Dangerous Building
and Public Nuisance (hereinafter "Notice and Order") in accordance with the UCADB; and
WHEREAS, when on October 7, 2016, the City again inspected the building and found no
change in condition, the City mailed the Notice and Order by regular mail to the owner at the
property address and recorded the Notice and Order with the Kitsap County Auditor, in accordance
with the UCADB; and
WHEREAS, the property owner responded to the Notice and Order by telephone to the City
of Port Orchard Code Enforcement Officer, Doug Price, on April 6, 2017, but did not propose and
has not begun any action to remedy the violations; and
WHEREAS, the property owner has filed no appeal of the Notice and Order; and
WHEREAS, to date, the dangerous building has not been abated; and
WHEREAS, the next step to secure compliance with the City's Notice and Order is to obtain
a Warrant of Abatement from the Kitsap County Superior Court; and
WHEREAS, authorization to initiate lawsuits on behalf of the City must be obtained from the
Port Orchard City Council; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
1. Recitals. The recitals set forth above are hereby incorporated by reference as if set
forth fully herein.
2. Authorization. Authorization to initiate a lawsuit on behalf of the City of Port Orchard,
seeking to obtain a Warrant of Abatement for the owner of the property located at
1398 Canyon Lane in Port Orchard, Washington, is hereby provided to the Port
Orchard Code Enforcement Officer and the City Attorney, who may, as
representatives of the City, undertake such actions as are necessary and appropriate
to pursue such lawsuit on behalf of the City.
3. Severability. If any one or more sections, subsections, or sentences of this Resolution
are held to be unconstitutional or invalid, such decision shall not affect the validity of
the remaining portion of this Resolution and the same shall remain in full force and
effect.
Resolution No. 017-17
Page 3 of 3
4. Effective Date. This Resolution shall take effect immediately upon its passage.
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 this 9th day of May 2017.
Robert Putaansuu, Mayor
I f SEAL :
ATTEST:
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Brandy Rinearson, CMC, City Clerk
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