045-22 - Resolution - Code Enforcement Action at 515 Perry Avenue N.DocuSign Envelope ID: BA02A434-2B9E-4B5A-AOEB-BC9E240C830F
RESOLUTION NO. 045-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR OR DESIGNEE FOR LEGAL ACTION RELATING TO ONGOING
VIOLATIONS OF THE PORT ORCHARD MUNICIPAL CODE OCCURRING AT 515
PERRY AVENUE NORTH, IN THE CITY OF PORT ORCHARD.
WHEREAS, in 2018, the City Code Enforcement Officer identified multiple violations of the
Port Orchard Municipal code occurring at 515 Perry Avenue North, Kitsap County Tax Parcel No.
4027-025-003-0005 (the "Property"), including the presence of a dangerous structure unfit for
human habitation due to a cracked foundation, failing retaining walls, and other structural defects;
and
WHEREAS, the City has been pursuing the cleanup and abatement of the above
conditions, via education, voluntary compliance, and enforcement since June 2018; and
WHEREAS, those efforts have been unsuccessful and the condition of the Property has
worsened; and
WHEREAS, an abatement complaint and notice of hearing were served on the
Property's owners on May 3, 2019, and a duly -noticed public hearing was held on May 21,
2019; and
WHEREAS, as a result of the hearing, the Director of Community Development issued
Findings of Fact and an Order, 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; and
WHEREAS, the above described conditions violate Port Orchard Municipal Code
Chapters 21.212, 7.48 and 9.66, as well as RCW 35.80, 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 place a lien on the property to recover the costs of abatement,
in accordance with RCW 35A.21.405, and/or to pursue recovery of costs from the owner
through personal judgment or other legal means; and
WHEREAS, the owner did not correct the violations, and did not appeal the above
Order; and
WHEREAS, at an inspection on in early 2022, the Code Enforcement Officer found that
the violative conditions were still present; and
WHEREAS, the City Council finds that the above conditions constitute a dangerous
condition, public nuisance and a threat to public health and safety, and desires to pursue all
DocuSign Envelope ID: BA02A434-2B9E-4B5A-AOEB-BC9E24OC83OF
Resolution No. 045-22
Page 2 of 2
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
AS FOLLOWS:
THAT: The City Council finds that the conditions on the property located at 515 Perry
Avenue North 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 pursue litigation against the
owner(s) of the Property, 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: The City Council herein ratifies all actions previously taken consistent with this
authorization.
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 26t" day of April 2022.
ATTEST:
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DocuSigned by:
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Brandy Wallace, MMC, City Clerk
DocuSigned by:
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