043-18 - Resolution - Warrant of Abatement for the Owner of 1013 Morton StreetRESOLUTION NO. 043-18
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE CODE ENFORCEMENT OFFICER AND CITY ATTORNEY
TO INITATE A LAWSUIT IN KITSAP COUNTY SUPERIOR COURT TO OBTAIN
A WARRANT OF ABATEMENT FOR THE OWNER OF 1013 MORTON
STREET.
WHEREAS, the current owners purchased the Property, located at 1013 Morton
Street, Port Orchard, Kitsap County, Washington in October 2005. The two buildings, a 1,5-story
house with daylight basement and a two-story garage/storage building, both built in 1912, have
been vacant, dilapidated, and uninhabitable since at least April 2007, and the front retaining wall is
broken, bulging and in danger of failure; and
WHEREAS, since 2007, the City has received repeated complaints about the buildings
and property and had to make multiple contacts with the owners related to unsecured buildings,
unpermitted work, uncontrolled vegetation, and property maintenance issues; and
WHEREAS, in February 2008, City staff found work being done in the building without
permits and stopped the work. Since that time, there have been no permit applications, no further
work has been done (with the exception of the removal of a ramp between the two buildings), and
the buildings and structures have continued to deteriorate, with no apparent maintenance done to
preserve the buildings or structures; and
WHEREAS, on September L2,2077, Code Enforcement Officer Doug Price inspected
the buildings on the Property, from the exterior only, and found multiple violations of Section
20.212. POMC; and
WHEREAS, due to damage, dilapidation, and improper and unpermitted
construction and modification, the buildings and structures on the Property are dangerous or unfit
for human habitation or other uses, as defined by POMC 20.2L2.040; and
WHEREAS, on November7,2OL7, the City issued a Complaint and Notice of Hearing,
stating in what respects the property is dangerous or unfit and accomplished proper service of the
Complaint and Notice; and
WHEREAS, the City of Port Orchard has been pursuing the abatement of 1013
Morton Street under the provisions of Chapter 35.80 RCW, as adopted by Port Orchard Municipal
Code (POMC)Section 20.2L2 POMC; and
Resolution No.043-18
Page 2 of 3
WHEREAS, the owners of the property never responded to the Complaint and
Notice; and
WHEREAS, the owners of the property appeared at the hearing on November 27,
2OLl before City's Community Development Director but did not propose any plan to address the
City's Complaint; and
WHEREAS, the City filed its Findings and Order on Novemb er 29,20L7 , and
accomplished proper service of the Findings and Order; and
WHEREAS, the owners of the property have filed no appeal of the Notice and
Order; and
WHEREAS, to date, the dangerous buildings and structures have not been
abated; and
WHEREAS, the next step to secure compliance with the City's Notice and Order is to
obtain a Warrant of Abatement from the Kitsap County Superior Cour| and
WHEREAS, authorization to initiate lawsuits on behalf of the City must be obtained
from the Port Orchard City Council; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT:
1. Recitals. The recitals set forth above are hereby incorporated by
reference as if set forth fully herein,
2. Authorizotion. Authorization to initiate a lawsuit on behalf of the
City of Port Orchard, seeking to obtain a Warrant of Abatement for the owners of the
property located at 1013 Morton Street in Port Orchard, Washington, is hereby
provided to the Port Orchard Code Enforcement Officer and the City Attorney, who
may, as representatives of the City, undertake such actions as are necessary and
appropriate to pursue such lawsuit on behalf of the City.
3. Severobilitv. lf any one or more sections, subsections, or sentences
of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall
remain in full force and effect.
Resolution No. 043-18
Page 3 of 3
4.
its passage
Effective Dote. This Resolution shalltake effect immediately upon
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 11th day of September 201-8.
Robert Putaansuu,
ATTEST:
Brandy Rinearson, MMC, City Clerk