HomeMy WebLinkAbout4818 Contract Number: 4818
Vendor: ACTION SERVICES CORP & ROYAL VALLEY LLC
Subject: � Code Violations - 1119 Riddell Road
Department: Leqal .
File Class: LEG 12-1
Begin Date: 04/20/2009
�End Date: 02/28/2010
Review Date: 02/15/2012
Vault Date: Ol/O1/2012
Comments: Dirt & debris to be cleared by 9/1/09
Equipment/vehicles/etc to be cleared by 2/1/10
, '
. ,
~ ~,
"
AGREEMENT AMONG THE CITY OF BREMERTON, ACTION SERVICES
CORPORATION AND ROYAL VALLEY LLC
THIS AGREEMENT is entered into among the City of Bremerton, a Washington
Municipal Corporation (hereinafter "the City"), Action Services Corporation (hereinafter
"ASC"), and Royal V alley LLC (hereinafter "Royal"). By this agreement the parties intend to
resolve all claims, penalties and fines related to alleged violations of the Bremerton Municipal
Code as set out in the January 6, 2009 Notice of Violation, file No. C08-0146, attached hereto as
Exhibit A.
The parties agree to the following facts:
1. That Royal, whose principal member is Ron Ross, owns real property located at
1119 Riddell Road, Bremerton, Washington.
2. That on August 30, 2002, the City issued a Special Use Permit (SUP) to Martin
Goit to collect, grind, and resell yard waste and used concrete and asphalt at 1119 Riddell Road.
3. That ASC, whose principal owner is Tony Sandefur, is in possession of the
southwest portion of 1119 Riddell Road;
4. That on January 6, 2009 the City served ASC and Royal with a Notice of
Violation alleging violations of the Bremerton Municipal Code (BMC) as set out in Exhibit A to
this agreement;
5. That a hearing before the Bremerton Hearing Examiner on the Notice of Violation
was commenced on March 5, 2009 and continued to April 20, 2009;
6. That ASC, Royal and any other person or entity in possession of the southwest
portion of 1119 Riddell Road are subject to the SUP;
7. That the parties dispute whether ASC and Royal are in violation of the BMC;
8. That the parties recognize that a non-judicial resolution of this dispute is
beneficial to all parties.
Therefore, for good and valuable consideration, the parties agree to the following terms:
1. The hearing set for April 20, 2009 shall be continued to the usual Code
Enforcement hearing date in February 2010;
2. By September 1, 2009 ASC, or any of its successors in interest, shall remove the
large mounds of dirt, as depicted in the City's Exhibit J, admitted into evidence at the March 5,
2009 hearing from the southwest portion of 1119 Riddell Road;
3. If on September 1,2009 the large mounds of dirt and debris, as depicted in the
City's Exhibit J, remain on the southwest portion of 1119 Riddell Road, the City may assess a
1
, .. l'
. , "r ...... .~.
$100 fine for every day after September 1, 2009 that any such materials remain on the premises.
ASC, or its successor in interest, shall be solely responsible to pay the fine;
4. By February 1,2010 ASC, or any of its successors in interest, shall remove all
equipment, vehicles, boats, and any other machinery, whether operational or not, from the
southwest portion of 1119 Riddell Road, and ASC shall completely vacate the property;
5. If on February 1,2010 any equipment, vehicles, boats, or any other machinery
remain on the southwest portion of 1119 Riddell Road or ASC has not completely vacated the
property, the City may assess a $100 fine for every day after February 1,2010 that any such
materials remain on the premises or that ASC has not completely vacated the property. ASC, or
its successor in interest, shall be solely responsible to pay the fine;
6. If ASC fulfills the above terms, the City will dismiss the Notice of Violation,
without the imposition of any fines or penalties;
7. Royal is not responsible for the payment of any fines assessed under this
agreement;
8. Ifthe City believes that ASC has not fulfilled any of the terms in this agreement
or that ASC is not otherwise in compliance the BMC as set out in the Notice of Violation, the
City may proceed with the hearing on the Notice of Violation upon proper notice at the usual
Code Enforcement hearing date in February 2010; PROVIDED that the City's decision to
proceed with a hearing shall in no way limit its right to collect any fine it is entitled to under this
agreement;
9. Any party, upon proper notice to all other parties, may move for a hearing before
the Bremerton Hearing Examiner to resolve any dispute related to this agreement.
I
\ .
~ -- \
Print Name:
~~~E ~~Z~LLC-
THE CITY OF BREMERTON
IW i/~ ~
Print N me: (V/ a".1L /( uo../1.
Title: ~r f. C, \"!;i A f/r'AL 7
DA TE '-1,/1->> It)
2
~__.._. ..~__ ______M ___
r/j7:F;<;:.,.:;t;~' m
· ifl~~c~t"e~~!~~!,l,i~~;~ .
Department of Community Development
345 6th Street, Suite 600
Bremerton, WA 98337-1873
Telephone: 360-473-5213
Fax: 360-473-5278
Janet. Lunceford@ci.bremerton.wa.us
Janet Lunceford, Code Enforcement
January 6, 2009
NOTICE OF VIOLATION
Action Building Maintenance
P.O. Box 4025
Bremerton, WA 98312
Royal Valley LLC
P.O. Box 570
Silverdale, W A 98383
re: 1119 Riddell Road, fIle #C08 0146
You have been determined to be the person responsible for the violation(s) henceforth
mentioned which occurred at 1119 Riddell Ro~ Bremerton, Washington, Tax Parcel
#022401-1-062-2008 on or prior to March 20, 2008, and described as follows:
I. DESCRIPTION OF VIOLATION:
1. "JUNKY ARD" ,"CONSTRUCTION SERVICES WITH Y ARD"OR "STORAGE
YARD" use of property is prohibited, both by the 1988 zoning code and the Wheaton
WaylRiddell Road Subarea Plan, as adopted by the Bremerton Municipal Code. No land
use approvals have been granted for use of the site, as required by Section 20.58 of the
BMC:
BREMERTONNITThUC~ALCODE
CHAPTER 20.64 WHEA TON WAY REDEVELOPMENT CORRIDOR
('\'WRq
20.64.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) All residential uses except Class IT group residential;
(b) Automobile service and repair;
(c) Co-location of wireless telecommunications facilities per BMC
20.46.140;
(d) Community Facility;
( e) Drinking place;
(f) Drive-through facility;
(g) Entertainment use;
(h) Finance, insurance and real estate;
(i) General office and business service;
CD General retail
(k) Hotel and lodging place;
(I) Medical office and clinic;
(m) Museum and gallery;
(n) Park, playground and open space;
(0) Personal service;
(P) Physical fitness and health club;
(q) Public administration use;
(r) Restaurant;
(s) Veterinary clinic.
CHAPTER 20.40 ADMINISTRATION
20.40.160 PROIDBITED USES.
Any use not listed as a permitted, conditional or accessory use by the
zone; or any use not determined to be a similar use pursuant to BMC 20.40.150;
or any use not found to be an allowable accessory use to the principle use shall be
prohibited within that zone unless allowed otherwise by law.
CHAPTER 20.58 LAND USE PERMITS
20.58.080
SITE PLAN REVIEW.
(b) Applicability. Site plan review is required for all new
development, expansion of existing structures, or other exterior site improvements
that will change the physical conditions of a site.
2. Garbage, debris and dismantled or inoperable vehicles are prohibited by Section
6.04 of the BMC and arc deemed a nuisance, pursuant to Sections 9.08 and 9.16 of the
BMC:
BMC 6.04 GARBAGE AND REFUSE
6.04.030 (c) "Rubbish" shall include all non-putrescible wastes, including, but
not limited to:
(1) Broken or discarded furniture, household equipment, appliances
and furnishings, and personal belongings;
(2) Salvage materials and automobile parts, including but not limited
to, tires, wheels, engine parts, body parts, interior parts and auto glass; and
(3) Abandoned, broken or neglected equipment and machinery.
6.04.040 ACCUMULATION AND DISPOSAL OF REFUSE
(a) It shall be the duty of every person who owns or is in possession,
charge, or in control of any dwelling, flat, roominghouse, group home, apartment
house or other multi-residential unit, hospital, sebool, hotel, club, restaurant,
boardinghouse, or eating place, or who owns or is in possession, charge or control
of any shop, place of business or manufacturing establishment where garbage,
refuse or swill is created or accumulated, at all times to keep or cause to be kept
portable appurtenances, metal or other approved containers in sufficient numbers,
for the deposit therein of garbage, refuse, and recyc1ables, and to deposit or cause
to be deposited t11e same therein. Upon request, the garbage collector may
provide a solid waste container larger than the standard garbage container that
may be suitable for automated pick up.
6.04.050 UNLAWFUL DISPOSAL
(a) It shall be unlawful for any person to bury, burn, dump, collect,
deposit, or in any manner to cause, permit, or allow the disposal of refuse upon
any street, alley, public place or private property within the City, otherwise than
as provided in this Chapter.
9.08 UNAUTHORIZED AND JUNK VEmCLES
9.08.060 NUISANCE.
(a) Abandon~ wrecked, dismantled, or inoperative vehicles or parts
thereof on public or private property are public nuisances and may be abated by
the City.
9.16 PUBLIC NUISANCES
9.16.020
TYPES OF NUISANCES
Each of the following conditions, unless otherwise permitted by law, is declared
to constitute a public nuisance, and whenever the director determ.i.nes that any of
these conditions exist upon any premises, the director may provide for the
abatement thereof and monetary penalties may be assessed pursuant to Chapter
1.04 BMC, Code Enforcement:
a Erecting, maintainine, using, placing, depositing, leaving or permitting to
be or remain in or upon any premises, which may be viewed or smelled from
without the premises, or in or upon any street, alley, sidew~ park, parkway, or
other public or private place in the city, any of the following disorderly,
disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places,
conditions, or things:
3. An accumulation of material including, but not limited to, bottles, cans,
glass, plastic, ashes, scrap metal, wire bric-a-brac, broken stone, broken
crockery, broken glass, broken plaster, litter, rags, empty barrels, boxes, crates,
packing cases, mattresses, bedding, packing hay, straw or other padcine
material or building materials including lumber, plumbing materials, wallboard,
sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material,
cans of paint and similar materials which are not properly stored or neatly piled
or is offensive to a reasonable person or in which flies or rats may breed or
multiply.
4. Accumulation of any garbage and refuse as defmed in chapter 6.04
BMC.
c. The existence of wrecked or disassembled trailers, house trailers, boats,
tractors or other vehicle, appliance or machinery of any kind, or any major parts
thereof.
II. REQUIRED CORRECTION ACTION
Apply for a site plan review for land use appro,ral for site. Remo,'e and properly dispose
of garbage, debris and inoperable, dismantled and/or junk vchkles.
SUBMIT RECEIPTS FROM A PERMITTED DISPOSAL FACILITY OR SOLID
\\' ASTE TRANSPORTER TO THE CITY OF BREMERTON AS PROOF OF YOUR
COMPLIANCE WITH TIDS ORDER. \\'lTHOUT RECEIPTS. TmS MATTER
CANNOT BE CLOSED.
CORRECTIONS MUST BE COMPLETED AND WRfITEN APPROVAL BY
THE CITY OF BREMERTON OBTAINED BY JANUARY 19, 2009.
m. HEARING NOTICE:
On JANUARY 26, 2009, at 9:00 A.M., the Hearing Examiner will hold a hearing in the Nonn
Dicks Government Center Chambers, 1st Floor, 345 - 6th Street, Bremerton, Washington.
Except for repeat violations, if the required corrective action is completed AND written
approval is obtained from the issuing party at least 48 hours prior to the hearing, the hearing
will be canceled and no monetary penalty will be assessed. If you choose NOT to complete
the required corrective action by that time, the hearing will continue as scheduled. The City -
of Bremerton will not prmide inspection senices on holidays, weekends or after 5:00
p.m. weekdays.
Failure to attend the hearing before the administrative hearing examiner may result in a default
judgment against the person responsible for the violation, whereby the administrative hearing
examiner may enter judgment in favor of the city, assess penalties and costs against the person
responsible for the violation, and order the abatement of the violation at the expense of the
person responsible for the violation.
IV. HEARING EXAMINER HEARING:
At the hearing, staff will request the Examiner to issue an order assessing you monetary
penalties of Five Hundred (5500) dollars per day, per \iolation and/or allowing the City to
abate the unlawful condition at your expense unless you complete the required corrective
action by the date and time indicated above, pursuant to Bremerton Municipal Code Chapter
1.04 "Code Enforcement".
1
I -(
ISSUING PARTY: 'f~-...J~J) II ",-,'0i(-"-.A _
"-J"anet Lunceford (J'
Code Enforcement Officer
City of Bremerton
cc: Hearing Examiner
Attorney's Office