045-20 - Resolution - Legal Action Relating to ViolationsRESOLUTION NO. 045-20
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR OR DESIGNEE TO INITIATE A LEGAL ACTION RELATING TO
ONGOING VIOLATIONS OF THE PORT ORCHARD MUNICIPAL CODE OCCURRING
AT 1743 SE CRAWFORD ROAD.
WHEREAS, the City Code Enforcement Officer has identified multiple chronic violations of
the Port Orchard Municipal code occurring at 1743 SE Crawford Rd (the "Property"), including the
on -going storage of trash, indoor furniture and household goods left outside and exposed to the
weather, vehicle parts and components, and inoperable, apparently inoperable, junk, wrecked,
and/or dismantled or partially -dismantled vehicles, including cars, trucks, motorcycles and
mopeds, riding lawnmowers, boats, bicycles, and recreational vehicles; and
WHEREAS, the City has been pursuing the cleanup and removal of the above conditions,
via education, voluntary compliance, and enforcement since 2017; and
WHEREAS, those efforts have been unsuccessful and the condition of the Property has
worsened; and
WHEREAS, the abandoned/inoperable vehicles on the Property obstruct emergency and
utility vehicles from reaching the properties at the end of the private road; and
WHEREAS, the above described conditions violate Port Orchard Municipal Code
Chapters 20.66, 9.30, and 10.92, 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 City issued and served a Notice and Order to Abate Public Nuisance to
the owner on November 20, 2019, requiring the Property's owner to correct the violations
within 60 days; and
WHEREAS, the owner did not correct the violations, and did not appeal the Notice and
Order; and
WHEREAS, at an inspection on May 8, 2020, the Code Enforcement Officer found that
the violative conditions were still present; and
WHEREAS, the City Council finds that the above conditions constitute a public nuisance
and a threat to public health and safety, and desires to pursue all remedies to remediate these
Resolution No. 045-20
Page 2 of 2
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 1743 SE
Crawford Rd. and on the associated portion of the private roadway 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 commence litigation against the
owner(s) of real property identified as Kitsap County Tax Parcel No. 012301-3-031-2004,
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: 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 22nd day of September 2020.
ATTEST:
Brad inearson, MMC, City Clerk
OF P taansuu, Mayor
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SEAL