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027-17 - Resolution - Warrant of Abatement for 1398 Canyon LaneRESOLUTION NO. 027-17 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE CODE ENFORCEMENT OFFICER AND CITY ATTORNEY TO INITIATE A LAWSUIT IN KITSAP COUNTY SUPERIOR COURT TO OBTAIN A WARRANT OF ABATEMENT FOR THE OWNER OF 1398 CANYON LANE WHEREAS, the City of Port Orchard has been pursuing the abatement of 1398 Canyon Lane under the provisions of the 1997 Uniform Code for the Abatement of Dangerous Buildings (UCADB), as adopted by Port Orchard Municipal Code (POMC) Section 15.04.010; and WHEREAS, while the building on this property was permitted in 1981 to be constructed as a single-family dwelling, it was not constructed according to approved plans and specifications, and a stop work order was issued by the City in 1982. Revised plans were submitted in 1982 and approved, however, construction again ceased in 1983 or 1984; and WHEREAS, the building has remained in an unprotected, increasingly deteriorating condition since 1984, during which time the property has been repeatedly dumped on and the building entered by children and vagrants. Between 1996 and 2005, the property has been the subject of repeated abatement orders and other enforcement measures to have the property cleaned up and the building secured from entry; and WHEREAS, in 2007-2008, the City issued an abatement order for a failing addition to the rear of the building due to movement of the ground and structural failure. The 13-foot rear addition was demolished. The new rear wall was never finished and the windows and doors were never installed; and WHEREAS, the building is built on top of a steep slope of unstable soils, and a 2009 engineer's report noted that the west side of the building had settled by three inches; and WHEREAS, in February 2011, the current owner of the property purchased the property by foreclosure sale; and WHEREAS, between 2013 and 2014, the City issued notices and abatement orders to the owner for the unsecured building, structural deterioration, vegetation and debris; and WHEREAS, on March 16, 2016, the building was inspected by the City and determined to be dilapidated, unsecured and dangerous; and WHEREAS, the City found that the building violated numerous provisions of the UCADB; and Resolution No. 017-17 Page 2 of 3 WHEREAS, on May 23,2016, the City issued a Notice and Order to Abate Dangerous Building and Public Nuisance (hereinafter "Notice and Order") in accordance with the UCADB; and WHEREAS, when on October 7, 2016, the City again inspected the building and found no change in condition, the City mailed the Notice and Order by regular mail to the owner at the property address and recorded the Notice and Order with the Kitsap County Auditor, in accordance with the UCADB; and WHEREAS, the property owner responded to the Notice and Order by telephone to the City of Port Orchard Code Enforcement Officer, Doug Price, on April 6, 2017, but did not propose and has not begun any action to remedy the violations; and WHEREAS, the property owner has filed no appeal of the Notice and Order; and WHEREAS, to date, the dangerous building has 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 Court; 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: 1. Recitals. The recitals set forth above are hereby incorporated by reference as if set forth fully herein. 2. Authorization. Authorization to initiate a lawsuit on behalf of the City of Port Orchard, seeking to obtain a Warrant of Abatement for the owner of the property located at 1398 Canyon Lane 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. Severability. If 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. 017-17 Page 3 of 3 4. Effective Date. This Resolution shall take effect immediately upon its passage. 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 9th day of May 2017. Robert Putaansuu, Mayor I f SEAL : ATTEST: I --------------------------1--------------------tar*----------------------------------------- Brandy Rinearson, CMC, City Clerk &v3s?