044-20 - Resolution - Legal Action Relating to ViolationsRESOLUTION NO. 044-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR OR DESIGNEE TO INITIATE A LEGAL ACTION RELATING TO
ONGOING VIOLATIONS OF THE PORT ORCHARD MUNICIPAL CODE OCCURRING
AT THE PROPERTY KNOWN AS SE CRAWFORD ROAD.
WHEREAS, the property located at and known as SE Crawford Rd (the "Property") is a
private road; and
WHEREAS, the Code Enforcement Officer has identified chronic violations of the Port
Orchard Municipal Code on the Property, including the storage of numerous junk, wrecked,
inoperable, and nuisance vehicles; and
WHEREAS, the City of Port Orchard has been pursuing the cleanup and removal of the
above conditions, via educa ion, voluntary compliance, and enforcement since 2017; and
WHEREAS, those efforts have been unsuccessful and the condition of the Property has
worsened; and
WHEREAS, the conditions violate Port Orchard Municipal Code Chapters 20.66, 9.30,
and 10.92 and constitute a public nuisance under these regulations; and
WHEREAS, the City has the authority to abate nuisances in accordance with POMC 9.30,
RCW 9.66, and RCW 7.48, and to pursue recovery of costs from the vehicle owners; and
WHEREAS, the City issued and served Notice and Order to Abate Junk Vehicles and
Public Nuisance on September 1 and 3, 2020, requiring the property and vehicle owners to
remove the violations within 10 days; and
WHEREAS, the property and vehicle owners did not remove the violations and did not
appeal the notice and orders; and
WHEREAS, at an inspection on September 14, 2020, the Code Enforcement Officer
found that the violative conditions remained; and,
WHEREAS, the City Council finds that the above conditions constitute a public nuisance
and a threat to public health and safety, and desires to pursue all remedies to remediate these
on -going public nuisances and violations,of the POMC; now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
►_5-10141161TJ11
Resolution No. 044-20
Page 2 of 5
THAT: The City Council finds that the conditions on the property located at SE Crawford
Rd. constitute a public nuisance, as evidenced by the recitals set forth above, and are
properly subject to abatement by the City of Port Orchard.
THAT: The Mayor or designee is hereby authorized to commence litigation against
Devin Charles Pate and the owners of the vehicles and the real property as identified in
the Notice and Order to Abate Junk Vehicles and Public Nuisance, attached as Exhibit A
and incorporated herein by reference, for all claims and damages appropriate to
remediate the public nuisance conditions existing on said property, as well as any and all
code violations currently present on the Property.
THAT: This Resolution shall take effect and be in full force upon passage and signatures
hereon.
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 22"d day of September 2020.
ATTEST:
Brand ine rson, , City Clerk
Rob,� +nsuu, Mayor
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Resolution No. 044-20
Exhibit A
NOTICE AND ORDER TO ABATE JUNK VEHICLES
AND PUBLIC NUISANCE
In re the Premises Located at: I File No. CE17 0049
SE Crawford Rd.
Port Orchard, WA
TO: The owners of SE Crawford Road
Robert Bacon — 7909 10 Ave. SW, Seattle, WA 98106
Maryann Hicks — 590 Antioch Church Rd., Nicholson, GA 30565
Jessica Francis — 8950 Kari Ln. NW, Bremerton, WA 98311
Charley Ralph — 2200 196t' St. #40A, Bothell, WA 98012
Caryn Naddeo — 1137 Naval Ave., Bremerton, WA 98312
Michael Damek — 1743 SE Crawford Rd., Port Orchard, WA 98366
Mike & Dona Williams — 11041 Havenwood Rd. SW, Port Orchard, WA 98367
Jessica Lindberg — PO Box 2135, Port Orchard, WA 98366
Ebbert Washington Rental, LLC — PO Box 133, Enterprise, OR 97828
You are hereby notified that the property known as SE Crawford Road, described as follows:
BAAP WH IS S 0*36' W 309.76FT & S 89* IT E 30FT FR THE WI/4 COR OF SD SEC 1 CONT S 89* 12'
E 466FT S 0*36' W 38.5FT N 88*31' W 466.33FT N 0*36' E 33.5FT TO THE POB** TOTALLY
ENCUMBERED BY EASEMENTS** (Kitsap County Parcel No. 012301-3-123-2003).
(hereinafter, the Property) contains junk vehicles, in violation of Port Orchard Municipal Code
(POMC) and the Revised Code of Washington (RCW). You are receiving this notice because you are
the owners of the parcel of land containing SE Crawford Rd., a private road in the City of Port Orchard.
Based on an inspection by Code Enforcement Officer Doug Price, on August 13 and 20, 2020, the
following vehicles are junk vehicles as defined by RCW 46.55.010 and declared public nuisances
under POMC Chapter 10.92:
• 2001 Saturn SL2 (parts only), WA license 906XFA, VIN 1 G8ZK5275 I Z271197
Registered owner: Nicholas Hawkins
• 1991 Honda Civic CRX, WA license AGG0215, VIN JHMED8354MS800096
Registered owner: unregistered — reported sold to Erik Christen
■ 1983 Buick Regal, WA license 534LKZ, VIN unreadable
Registered owner: unknown, no DOL record found
• 1967 Ford F250 pickup, WA license CV205913, VIN F25YRA46382
NOTICE AND ORDER TO ABATE JUNK VEHICLES AND PUBLIC NUISANCE SE CRAWFORD RD
Pagel of 3
Resolution No. 044-20
Exhibit A
Registered owner: Nicholas Hawkins
• 2004 Kia Spectra, WA license BBE6376, VIN KNAFB 121845316896
Registered owner: unregistered — reported sold to Hanray Strandberg
• 1990 GMC S15 pickup, WA license B81422N, VIN 1GTCS14E8L2508003
Registered owner: Brian Yankey
• 1984 Chevrolet Caprice Classic, WA license ASF8885, VIN 2G1AN69H8E9270603
Registered owner: Michael Damek
■ 1980s Chevrolet Camaro, no license, VIN unreadable
Registered owner: unknown, no DOL record found
• 1966 Volkswagon, WA license 32624CV, VIN 146033915
Registered owner: Jessica Crowder
• 1993 Ford Festiva, WA license 690ZZY, VIN KNJPT05H4P6100174
Registered owner: James Giles
• 1989 Mazda B2200, WA License C40645N, VIN JM2UF3130K0745145
Registered owner: Devin Charles Pate
In addition, the following vehicles do not meet the definition of junk vehicle, but are apparently
inoperable, as defined by POMC 9.30.020 (Nuisances):
■ 1995 GMC Sonoma, WA license C 17261J, VIN 1 GTCS 19W4SK533481
Registered owner: Andrew Karametos
• 1996 Dodge Stratus, WA license AFE1162, VIN 1B3EJ46X3TN153897
Registered owner: Michael Damek
• 1993 Chevrolet 1500 pickup, WA license C93788P, VIN 2GCEK19Z6P1160583
Registered owner: Joseph Arredondo
• 1970 Ford F150, WA license B37276G, VIN unreadable
Registered owner: unregistered — no record found
With 1968 camper, WA license 3929UK, VIN MANS 1006
Registered owner: unregistered — reported sold to Michael Damek
■ 1989 Ford F 150, WA license C 15194J, VIN 1 FTEF 14N9KPB 1343 8
Registered owner: Donald Bickle
• 1990 BMW 535, WA license BKP5776, VIN WBAHD2312LBF65687
Registered owner: Vaughan Justin Lester
In addition, garbage, trash, junk, and similar materials is stored in multiple vehicles that are kept or
stored on the road, in violation of POMC 9.30.020 (Nuisances).
As a public nuisance, the vehicles, parts, trash, junk, and garbage are subject to abatement. If
the vehicles, parts, junk, trash, and garbage are not removed and properly disposed within 10
NOTICE AND ORDER TO ABATE JUNK VEHICLES AND PUBLIC NUISANCE SE CRAWFORD RD
Page 2 of 3
Resolution No. 044-20
Exhibit A
days of the date of this notice, the City will have them removed and disposed. In accordance with
these regulations, the property owners and last known registered owners of the vehicles are
jointly and severally responsible for the costs of such abatement. [The vehicle owners have been
notified separately.]
Request for Hearing`
Under the provisions of POMC Chapter 10.92 and RCW 46.55.240, you may request a hearing
regarding the removal and disposal of the vehicle and the assessment of costs against you. This
hearing will be your only opportunity to show that the vehicles were placed on the land without
your consent and that you have not subsequently acquiesced in their presence and, therefore,
should not be responsible for the costs of abatement. A request for a hearing must be in writing
and delivered to the City no later than 10 days after the date of this notice. The request must be
addressed to:
Abatement Hearing Officer
City of Port Orchard
216 Prospect St.
Port Orchard WA, 98366
If you have any questions, please contact Code Enforcement Officer Doug Price at 360-874-5533.
DATED this I" day of September, 2020.
Mark R. Dorsey, P.E.
Public Works Director/City Engineer
216 Prospect Street
Port Orchard, Washington 98366
CERTIFICATE OF SERVICE
I hereby certify and declare under penalty of perjury that I served the foregoing by mailing via certified
and regular first class mail to the owners of SE Crawford Rd., as listed above, and by posting in a
conspicuous place upon the property located at SE Crawford Rd. on this 1st day of September, 2020.
Doug Price, Code Enforcement Officer
NOTICE AND ORDER TO ABATE JUNK VEHICLES AND PUBLIC NUISANCE SE CRAWFORD RD
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