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042-17 - Resolution - Correction to a Utility Billing Account for 1636 Bay StreetRESOLUTION NO. 042-17 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON AUTHORIZING A CORRECTION TO A UTILITY BILLING ACCOUNT FOR 1636 BAY STREET (SOMETIMES REFERRED TO AS 310 PERRY) AND ADOPTING FINDINGS IN SUPPORT OF THE CORRECTION. WHEREAS, on April 19, 2017, an application for a nonconforming use permit was submitted concerning the structure at 1636 Bay Street (sometimes referred to as 310 Perry); and WHEREAS, on May 15, 2017, the city issued a decision that recognized the structure at 1636 Bay Street (sometimes referred to as 310 Perry) as a legal nonconforming triplex; and WHEREAS, this legal nonconforming triplex has been billed as a duplex in the City since at least 1979, as shown in the city's utility billing records; and WHEREAS, the current owner purchased the property in 2015 and was not involved in the initial utility account establishment; and WHEREAS, the May 15, 2017 nonconforming use permit decision requires that the applicant update the utility account information to reflect the legal presence of 3 residential units; and WHEREAS, city staff lacks the authority to make this utility account change in the absence of payment of capital facility charges and/or payment of previous billings which were incorrectly calculated due to the uncertainty surrounding the structure's legal status; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes city staff to correct the utility billing account information for the structure at 1636 Bay Street (sometimes referred to as 310 Perry) to reflect its legal status as a legal nonconforming triplex following established utility billing procedures. This correction shall not apply retroactively or require the payment of capital facilities charges for water or sewer. 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 June 2017. Robert Putaansuu, Mayor ll"0^ s • SEALj- JCity Clerk, Brandy Rinearson, CMC §