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017-18 - Resolution - Abatement of a Dangerous Building at 1398 Canyon Lane and to Recover Costs from Property OwnerRESOLUTION NO. 017-18 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE STAFF REPORT CONCERNING THE ABATEMENT OF A DANGEROUS BUILDING AT 1398 CANYON LANE AND DIRECTING THE CITY TO ATTEMPT TO RECOVER THE COSTS FROM THE PROPERTY OWNER OF RECORD AT THE TIME OF THE ABATEMENT. >! :!! WHEREAS, in 2017, the City abated a dangerous building and public nuisance at 1398 Canyon Lane; andi i WHEREAS, in performing the abatement, the City incurred costs for legal and court fees, staff time, materials, contracted services, and miscellaneous; and) \ l ;; WHEREAS, the abatement was done in accordance with the 1997 Uniform Code for the Abatement of Dangerous Buildings (UCADB), as adopted by POMC 20.200.008; and WHEREAS, on August 4, 2017, the City received from Kitsap County Superior Court a Warrant of Abatement and a Default Judgment against the property owner for "all costs and expenses incurred" by the City; and i. WHEREAS, the property owner at the time of the abatement had possession of the property for six years, during which time it failed to take any actions to secure the building from unauthorized entry or remove dangerous and public nuisance conditions from the building and property, despite a notice and order from the City to do so; and j WHEREAS, at its regular meeting on March 27,2018,the Port Orchard City Council held a public hearing to consider the staff report of the action taken, the costs and proposed charge thereof, and any protests or objections thereto from any parties interested in or affected by the proposed charge; and WHEREAS, in accordance with the requirements of the UCADB, proper notice of the hearing was given by posting upon the property involved, publishing once in a newspaper of general circulation in this jurisdiction, and serving by certified mail, postage prepaid, addressed to the owner of the property at the time of the abatement, now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The staff report and costs as presented at the hearing are accepted and the City is directed to attempt to recover the costs as a personal obligation against the property owner of record at the time of the abatement. Resolution No. 017-18 Page 2 of 2 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 March 2018. Robert Putaansuu, Mayor .4#%, ATTEST'/ Brandy Rinearson, MMC, City Clerk Abatement of Dangerous Building and Public Nuisance 1398 Canyon Lane In September - October, 2017, the City’s contractor, Sound Excavation, Inc., demolished the house at 1398 Canyon Lane and cleared and fenced the property. The abatement was done in accordance with the 1997 Uniform Code for the Abatement of Dangerous Buildings (UCADB), as adopted by POMC 20.200.008. A warrant of abatement and a default judgment for “all costs and expenses incurred” by the City was issued by Kitsap County Superior Court on August 4, 2017. Background Construction of a three-story single-family dwelling at this location began in 1981-82. Construction repeatedly deviated from the approved design and proceeded without inspections. Multiple stop- work orders were issued by the City. When construction stopped in 1985, the framing and exterior were mostly complete and it was apparently becoming a 3-5-unit multi-family dwelling. The building was never completed or removed and became a public nuisance and an attraction to vagrants and children. In response to numerous notices and abatement orders over the subsequent 32 years, it was occasionally secured from entry and a structurally-failing portion was demolished in 2008, but owners were otherwise unresponsive. It continued to deteriorate and became increasingly dangerous. The owner at the time of the abatement had possession of the property from 2011-2017, during which time he took no apparent action to secure the building from entry, remove hazards, or clean up the property. He responded to the City only once, at which time he was considering abandoning the property to eventually be foreclosed for unpaid property taxes. Property and Owner The property and owner are identified as follows: Location: 1398 Canyon Lane Parcel #: 4056-011-015-0005 Tax Description: lots 15 to 24, block 11, Sidney villa addition to Sidney, as recorded in volume 2 OF PLATS, PAGE 46, RECORDS OF KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO THE CITY OF PORT ORCHARD UNDER AUDITOR'S FILE NO. 972160; AND EXCEPT THAT PORTION LYING WITHIN PORT ORCHARD BOULEVARD; SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON. Owner/Taxpayer: One Love, LLC (California corporation, not registered in Washington.*) Sergio Maciel, Manager / Registered Agent* 6831 Lynalan Ave Whittier, CA 90606 * - Per Sergio Maciel in 4/6/17 phone call. Staff have searched records and been unable to independently verify this information. Timeline of Significant Events May 23, 2016 Abatement order issued. April 16, 2017 Phone conversation with Sergio Maciel, who acknowledged receiving the abatement order and was considering his options. Was to make a decision and respond to me within one week, but failed to do so. No further contact. August 4,2017 Received Warrant of Abatement and Default Judgment for “all costs and expenses incurred...” from Kitsap County Superior Court. August 8,2017 Public Works crew removed dangerous walkway and boarded doors and windows. August 16,2017 Asbestos survey by Krazan & Associates, as require by the Puget Sound Clean Air Agency. Sept.-Oct., 2017 House demolished by Sound Excavation, Inc., leaving part of the foundation wall as a retaining wall. All debris removed and properly disposed. Fence installed on east side of property, due to resulting drop-off from road level, and on the south side to prevent the somewhat isolated site from becoming a dumping ground.i Abatement Costs The total cost of this action was $44,048.39, including contracted sen/ices, staff time and materials, legal fees, and miscellaneous costs, as detailed in the attached cost report.; • Page 2 REPORT OF COSTS ABATEMENT OF 1398 CANYON LANE CITY OF PORT ORCHARD i $851.53 $29,430.00 $1,638.28 $827.50 $21.22 $153.00 Board-up - Public Works Crew Demolition and cleanup - Sound Excavation, Inc. Fencing - Sound Excavation, Inc. Asbestos survey - Krazan & Associates, Inc. Certified mailing costs Document recording fees Notice & Order Lis Pendens Filing Fee - K..C. Superior Court Cost of staff time - Doug Price - 10/21/2016-2/23/2018 Legal fees - Lighthouse Law Group, PLLC i i <$78.00 $75.00 10/7/2016 Doc. #201610070195 5/16/2017 Doc. #201705160192 $240.00 $2,707.06 $7,632.50 $43,501.09Subtotal Projected costs for public hearing, closing project, and obtaining judgment: Publish notice of public hearing Certified mail Record release Staff time - 8 hours $20.00 $7.02 $75.00 $445.28 $44,048.39Total I certify that the foregoing is a true and correct accounting of costs incurred by the City of Port Orchard in the abatement of1398 Canyon Lane. x O' 7