041-22 - Resolution - Code Enforcement Action at 4145 Ramsey Rd SEDocuSign Envelope ID: BA02A434-2B9E-4B5A-AOEB-BC9E240C830F
RESOLUTION NO. 041-22
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 4145 RAMSEY ROAD SOUTHEAST, IN THE CITY OF PORT ORCHARD.
WHEREAS, in 2020, the City Code Enforcement Officer identified multiple violations of the
Port Orchard Municipal code occurring at 4145 Ramsey Road Southeast, Kitsap County Tax Parcel
No. 0223014-017-2009 (the "Property"), including the presence of a dangerous structure that had
been vacant for multiple years due to damage and was visibly unfit for human habitation due to
the removal of siding, doors and windows, roof sheathing and most of the flooring; and
WHEREAS, the City has been pursuing the cleanup and abatement of the above
conditions, via education, voluntary compliance, and enforcement since August 2020; 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 November 24, 2020, and a duly -noticed public hearing was held on
December 9, 2020; 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 either
demolish the structure or design, permit and execute necessary repairs to bring the structure
into code compliance so that it could be safely utilized; and
WHEREAS, in January 2021, the Property was sold and the Code Enforcement Officer
provided notice of the Order and required compliance steps to the new owners; 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 owners 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 the structure had further deteriorated and was in
danger of collapse; and,
DocuSign Envelope ID: BA02A434-2B9E-4B5A-AOEB-BC9E24OC83OF
Resolution No. 041-22
Page 2 of 2
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
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 4145
Ramsey Road SE, Kitsap County Parcel No. 0223014-017-2009, 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 261" day of April 2022.
ATTEST:
a
uSigned by:
Brandy Wallace, MMC, City Clerk
DocuSigned by:
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i=aseSaeFrai=11 =Robert Putaansuu, Mayor
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