HomeMy WebLinkAbout3202 RESOLUTION NO. 3202
A RESOLUTION of the City Council of the City of
Bremerton, Washington approving charges for the abatement of
nuisance conditions on the property located at 1926 N Callow
Avenue and determining means of collection
WHEREAS, the City of Bremerton incurred costs for securing the house and
removing garbage and debris from the property located at 1926 N Callow Avenue, and
WHEREAS, Section 104 120 of the Bremerton Municipal Code allows the City
to recoup these costs either by personal judgment against the property owner or as a lien against
the property, and
WHEREAS, the City Council is charged with determining whether the fees are
dust and how they should be collected, and
WHEREAS, the Director of Community Development recommends the fees be
collected as a lien against the property located at 1926 N Callow Avenue, and
WHEREAS, has City Council has considered the report of charges filed by the
Director of Community Development and any protests or objection filed, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
SECTION 1. The abatement charges included in the report to the City Clerk for
the property located at 1926 N Callow Avenue, Bremerton, WA, attached hereto as Exhibit A,
are dust and reasonable and are hereby confirmed and approved
SECTION 2. The City of Bremerton will exercise its right to recapture abatement
fees by filing a lien against the property The Mayor is authorized to execute and file a lien
against the property located at 1926 N Callow Avenue, Bremerton, WA, for the abatement
charges approved herein
SECTION 3 Severability If anyone 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
SECTION 4. Effective Date This Resolution shall take effect and be in force
immediately upon its passage
1
1926 Callow Avenue Abatement Lien
PASSED by the City Council of the City of remerton, Washington, this
4th day of September, 2013 W
GREG WH R, Council President
APPROVED AS TO FORM ATTEST
RO R A LUBOVICH, City Atto SHANNON CORIN, City Clerk
R \ Legal \Legal\Resoluttons \Community Development\Bottorff Resolution 8 -14 -13 docx
2
1926 Callow Avenue Abatement Lien
EXHIBIT A
Department of C mmunfty Development
-- 345 6th S&9K Surle 600
Bramewtar, WA 98337 -1873
— = e/ephane: 360473.5213
Fax 360473.5278
Janet Lunceib> bramerton waus
Jars Lwmfwd, Code Enforcement
August 14, 2013
Memo
Ta Shannon Corin, City Clerk -
Frmm Janet Lunceford, Code Enforcement Officer
cc: Andrea Spencer, Director of Community Development
no Abatement costs for 1926 N. Callow Avenue, Robert Bottorff
The City contracted with TRS to secure the house and remove garbage and debris from the
property located at 1926 N. Callow Avenue in July, pursuant to a Warrant of Abatement issued
by Kitsap County Superior Court. The fees for this action, including the administrative fee set
forth in Rate Table C of the Bremerton Municipal Code, filing fees, advertising costs and
process service costs total $6351.40. I have attached the documentation of costs and a copy of
Rate Table C. I have scheduled a public hearing for September 4, 2013.
CITY OF BREMERTON
GENERAL CLAIM
Date July 2, 2013 CHECK #
VENDOR FUNDIDEPARTIIIENT
TRS 108!64
P.O BOX 5255
BREMERTON WA 98312
DESCRI rr= TOTAL
BOARD UP AND CLEAN UP OF 1926 N. CALLOW AVENUE $4,600
VENDOR #I 27339
BARS NUMBER OBJECT PROJECT INVOICE # INVOICE DATE AMOUNT
5246084 54910 64085 J211 6/242013 $4,600 00
CERTIFICATION
I, the undersigned, do hereby certify under penally of perjury to the materials have been furnished, the services rendered
or the labor performed as described herein, that any advance payment Is due and payable pursuant to a contract or is
available as an option for full or partial fulfillment of a contractual obr'igation, and that the claim is a lust, due and unpaid
obligation against the city and that I am authorized to authenticate and certify to said claim.
C PROVAL (AUDRI F.PT H ORDER RECEIVED BY
Rev W402010
MS Trash Removal Services UC I nvoice
PO Box 5255
Breanerton, WA 98312 Date h�aoe #
360 - 373 2007 6,24=3 J211
Bib To Ship To
Janet Lansford
Code Enforcement Offices
City of Bremacon
P O Number Terms Rep Ship Me F.O 8 Probed
6J24R013
Quantity Item Code Description Pnce Each Amount
BID AMOUNT Job Lacamim 4,60000 4,600.00
1926 N. Callow
Bmnmion, WA
Job Desch
-Clean up, had and dispose of all Junk and debris on property.
4rt and haul away all brush.
+S== horse and garage, board up all windows and doors, and
any mac.
-Clean up and dispose of all loose debris inside of house.
Thank you!
Jesse Linden, Owner
Total 34,600 00
CITY OF BREMERTON
GENERAL CLAIM
Date: April 4, 2013 CHECK e
VENDOR FUNDIDEPARTMENT
Ktsap Sun
PO Box 259
Bremerton, WA 98337 -0053
DESCRIPTION TOTAL
Service by Publication (Bottorff) $39940
VENDOR #0063
BARS NUMBER OBJECT PROJECT INVOICE INVOICE DATE AMOUNT
5246016 54910 64065 37922 3/31/2013 39940
CERTIFICATION:
I, the undersigned, do hereby certify under penalty of pagury that the materials have been fumished, the services rendered
or the labor performed as described herein, that any advance payment is due and payable pursuant to a contract or is
available as an option for full or partial fulfillment of a contractual obligation, and that the claim is a lust, due and unpaid
obligation against the city and that I am authorized to authenticate and certify to said claim
X 9 , - 1 e,4 CLAI PROVAL (AUDITING IC EPT H ) ORDER RECEIVED BY
s
Rev 31412010
a 545 5th Sheet • B 259 it sangawnw- ADVER
Bremerton. VYasNhin gton 98383
KEMP
37
(36D) 377.3711
1- 888.377 -3711 TOW Up
66 Fed. I D # 31- 1280530
ADVERTISING INVOICE and STATEMENT
CITY OF1 BREMERTON DEPT OF ECO• KITSAP SUN
CITY OF BREMERTON DEPT OF ECO- PO BOX 34688
STE 600 SEATTLE, WA 48124 -1688
345 6TH ST
BREMERTON WA 98337 RE
City of Bremerton
020061665800000399403 CityAttomey's Office
Fsi.EA DE FA - H a1l'U'E t'�' FIN UPPEER - P — r TO74`JiT 7 2 1 LR PEY�U aP:CE -- - -- -- - - -
SrAUME III AD WE 0E60tIP4tW*nf A C0lt;t1@rr847WMN etuMMM 1I7 MN 8 GFXM ao WrAMOUW
02/22 289128 IN THE SUPERIOR COUR lx7S 7 399.40
03/24 3310 20131623
LEIGHANN DENTON
399.40
545 51h Sheet • PO emt 259 •UNAPPUED AMOUNTS ARE INCLUDED IN TOTAL AMOUNT DI
S waft n, Wa "o°" WM7 AAll accourds are due upon receipt.
Kitsap Sun
i -a88-M -371 ALL MAJOR CREDIT CARDS ACCEPTED
Fed. I D 131 1260530
AUdERTESER
616658 03/29/13 - 03/31/13 37922 CITY OF BREMERTON DE
CITY OF BREMERTON
GENERAL CLAIM
Date February 22, 2013 CHECK #
VENDOR FUNDIDEPARTMENT
Ken's Process & Professional Inquiry Services 503177
126 Callow Avenue N
Bremerton, WA
DESCRIPTION TOTAL
Service of Process & Messenger Service - (Bottorff) $212 00
VENDOR #18869
BARS NUMBER OBJECT PROJECT INVOICE 0 INVOICE DATE AMOUNT
5246016 54910 64065 123929 2/13/2013 21200
CERTIFICATION
I, the undersigned, do hereby certify under penalty of perjury that the materials have been fumished, the services rendered
or the labor performed as described herein, that any advance payment is due and payable pursuant to a contract or is
available as an option for full or partial fulfillment of a contractual obligation, and that the claim Is a just, due and unpaid
obligation against the city and that I am authorized to authenticate and certify to said claim
X 1 U e
CLAYAPPROVAL (AUDITIN OFF ER/DEPTj EAD) ORDER RECEIVED BY
Rev 3/4/2010
Legal Liaison: Ken's Process & Professional Inquiry Services, LLC
126 Callow Ave. No., Bremerton, Wa 98312 NO.
(360) 405 -0910 866 -405 -0910 Fax 405 -0912
{
Y 4
Firm: ( �1 _ � : f - �' �' .l' t a ✓ Date �• r '' Return Date
Address
Last Day.
Statute Runs•
Contact 4 11 ,1 1 . Phone. j i r � ,1 a File No
Court — ~ —count . 1 fib- 1
tY �" Cause No. �
CName: Documents:
vs 'u 1 L { r L/ 1? r l n A. 4
Delivery Only ❑ Leave Original ❑ Return Copy ❑ Oth
� City of Bremerton
O ffice
Fite County Supenor District 11S District Appeals Auditor I Treas Other
Y — Sca Tac i__,_ or ft
Bench — —
Copy_ Bnkrptcy Cnm Ctvq
File First _ i r f Serve Fmt: , Serve Only- F
1'
Service On ' ''f =t 1 f./ Service $ r
y
Address ; : s , ' f _ j t i , , ` lr / I Ret
,+ Miles
i
1 �
Notes Messenger
Special
Other
T
Served
Date Time By No 'f TOTAL
CITY OF BREMERTON
GENERAL. CLAIM
Date: October 31, 2012 CHECK #
VENDOR FUND/DEPARTMENT
I(Itsap County Superior Court
614 Division Street
Port Orchard, WA 98366
DESCRIPTION TOTAL
Fling Fee for Bottorff $24000
Please return check to Leighann
VENDOR #3773
BARS NUMBER OBJECT PROJECT INVOICE # INVOICE DATE AMOUNT
5592064 54910 64065 10/31@012 240 00
CERTIFICATION
I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the seances rendered
or the labor performed as described herein, that any advance payment is due and payable pursuant to a contract or is
available as an option for full or partial fulfillment of a contractual obligation, and that the claim is a just, due and unpaid
obligation against the city and that I am authorized to authenticate and certify to said claim
X
C M PROVAL (AUD G ICERIDEPT EAD) ORDER RECEIVED BY
Rev 3412010
COMMUNITY DEVELOPMENT — RATE TABLE C
All Rates Listed are "Not To Exceed" Fees
C. DEPARTMENT OF COM WUNITY DEVELOPMENT
1. SUBDIVISIONS RATE
Preliminary Short $1000 + $150 per lot
Preliminary Formal Plat/Bmding Site Plan $2500+
$150/lot (1 -100 lots)
$100/lot (101 -200 lots)
Final Short $75/lot (201 + lots)
$630 + $40/lot
Final Formal Plat/Bmdmg Site Plan $945 + 40/lot
2. SHORELINE MASTER PROGRAM
Substantial Development Permit $1,300
Conditional Use Permit — Type H $850
Conditional Use Permit — Type III $1750
Shoreline Variance $1750
Permit Revision $325
Shoreline Exemption $100
3. STATE ENVIRONMENTAL POLICY ACT (SEPA)
Checklist $320
Environmental Impact Statement Review /Adoption $650 + additional cost of
4 APPEAL (to Hearing Examiner) $350
S. PRE- APPLICATON CONFERENCE $100
6. ABATEMENTS
Dangerous Building $900 + Direct Service
and Supply Cost
Garbage & Weed $640 + Direct Service
and Supply Cost
7. ABANDONED PROPERTIES FINES & PENALTIES
Failure to Register $1,000 + $100 per day
Failure to Inspect, Maintain, and/or Secure $1,000 + $100 per day
& BUILDING PERMIT FEES Refer to Exhibit 1
9. PLAN REVIEW FEE 65% of the building
permit fee as set forth in
Exhibit 1
10. ESTABLISHED "BASIC" PLAN REVIEW
Pursuant to DCD policy 50 9 /6 of Plan Review Fee
Resolution No 3191
Q
,r
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7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR
8 KITSAP COUNTY, WASHINGTON
9 CITY OF BREMERTON, a Washington Case No.: 12 -2- 02387 -7
municipal corporation,
10 ORDER OF ABATEMENT
Plaintiff,
11
VS.
12
ROBERT BOTTORFF and U.S. BANCORP,
13 dba U.S BANK,
14 Defendants.
15
16 This matter came before the Court on plaintiff City of Bremerton's motion for an
17 Order of Abatement to abate the nuisance property at 1926 North Callow, Bremerton,
18 Washington. The Court considered the pleadings filed in this matter, the orders issued in
19 thtc matter, the evidence presented at this hearing and the argument of counsel for plaintiff,
20 Mark E. Koontz. Based on the foregoing, the Court finds as follows:
21 1. This Court has issued an Order of Default against all defendants in this
22 matter.
23
2. The property at 1926 North Callow Avenue, Bremerton, Washington is a
24
25 nuisance because the building is abandoned and left unsecured and the property contains
26 debris, all of which is a violation of the Bremerton Municipal Code.
ORDER OF ABATEMENT - I ROGER A. LUBOVICH
BREMERTON CITY ATTORNEY
145 6th Sirmt, Suite 600, Brcnumon. Washington 98147
1 3. The City has adopted an ordinance that permits it to seek abatement of
2 nuisance properties.
3 4. That RCW 7.48.020 authorizes this Court to issue an order of abatement to
4
the City allowing the City to enter the property to abate nuisance.
5
6 5. That after the abatement, the City may seek an order directing the county
7 treasurer to place the costs of abatement on the tax rolls against 1926 North Callow
8 Avenue, Bremerton, Washington pursuant to RCW 35.80.030.
9 Based on the above findings, It Is Ordered-
10 1. Plaintiff s motion is GRANTED;
11 2. Plaintiff and its contractor or agent are hereby authorized to enter onto the
12 property at 1926 North Callow Avenue, Bremerton. Washington to abate the nuisance as
13
described herein and as described in the Declaration of Mark E. Koontz in support of
14
plaintiff s motion;
15
16 3. After the abatement, Plaintiff may seek an order directing the county
17 treasurer to place the costs of the abatement on the tax rolls of 1926 Callow Avenue,
18 Bremerton, Washington;
19 4. This order does not bar plaintiff from seeking any other remedies that may
20 be available to plaintiff.
21 Entered this ID day of May, 2013.
22
23 ANNA M LAURIE
24 KITSAP SUPERIOR COURT JUDGE
25
26
ORDER OF ABATEMENT - 2 ROGER A LUBOVICH
BRFAIWiON CITY ATTORNEY
145 (+th Strem Suite 600 Bram-non Wa%htngton 98317
... vn .11 ".e r__ 141. $Il e.a.
r
c
I Presented by:
2 ROGER A. LUBOVICH
3 BREMERTON CITY ATTORNEY
4
5 Mark E. oon , WSBA #26212
6 Attorney for P aintiff
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ORDER OF ABATEMENT - 3 ROGER A UJBOVICH
BRWERTON CITY ATTORNEY
135 6th Street. Suite 600 Bremenon. Washington 9IL337
m...... WMA71 -111i Pi• 16aXI -5161
T
1
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7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR
8 KITSAP COUNTY, WASHINGTON
9 CITY OF BREMERTON, a Washington Case No.: 12 -2- 02387 -7
municipal corporation,
10 ORDER OF DEFAULT AGAINST
Plaintiff, DEFENDANTS ROBERT
1 I BOTTORFF, U.S. BANCORP dba
VS.
U.S. BANK
12
13 ROBERT BOTTORFF and U S. BANCORP
dba U S. BANK,
14
Defendants.
15
16 This matter came before the Court on plaintiff City of Bremerton's motion for an
17 order of default against defendants Robert Bottorff and U.S. Bankcorp dba U.S Bank
18 ("U S. Bank") The motion was based on the grounds that defendants had not appeared,
19 answered, or otherwise defended in this action.
C
20 A hearing was held on plaintiff's motion on Mayy, 2013. Plaintiff appeared at the
21 hearing through its attorney, Mark E. Koontz. Pursuant to CR 55(a)(3), plaintiff is not
22 required to give notice of the hearing to defendants since they did not appear. Defendants
23
24 did not appear personally or through an attorney at the hearing. No response was made by
25 defendants to plaintiffs motion.
26 The Court considered the pleadings filed in this action, the Declaration of Mark E.
Koontz in Support of Plaintiff s Ex Parte Motion for Order of Default, with the following
ORDER OF DEFAULT - I ROGER A LUBOVICH
BREMERTON CITY A77ORNEY
115 6th Street. Suite 600_ Bmnle ton_ W.tshtngton 98117
t
I Exhibits: Summons (Exhibit 1 to Koontz Declaration); Complaint (Exhibit 2 to Koontz
2 Declaration); and Declaration of Service (Exhibit 3 to Koontz Declaration).
3 Based on the oral argument of plaintiff s counsel, the pleadings and evidence
4
presented, the Court finds:
5
b 1. Defendant Robert Bottorff was properly served by publication with
7 plaintiffs summons and complaint in this action in accordance with RCW 4.28. 100 and
8 RCW 4.28.110.
9 2. Defendant Robert Bottorff failed to appear, answer or otherwise defend in
10 this action.
11 3. No notice of appearance was served by defendant Robert Bottorff on
12 plaintiff or its attorney.
13
4. The time for appeanng and answering the summons served by publication is
14
15 60 day, from the date of the first publication. The date of the first publication was
16 February 22, 2013. More than 60 days has passed since the date of the first publication.
17 5. U S. Bank was properly served the summons and complaint by personal
18 service on November 16, 2012.
19 6. U.S. failed to appear, answer, or otherwise defend in this action.
20 7. No notice of appearance was served by U.S. Bank on plaintiff or its
21
attorney.
22
8. The time for appearing and answering the summons and complaint served is
23
24 20 days from the date of service. More than 20 days has passed since the date of service of
25 the summons and complaint.
26
ORDER OF DEFAULT - 2 ROGER A. LUBOVtcH
BREMERTON MY AT7URNhY
145 6th Strut, Suite 600. Bttttnyton Washington 98317
Phan.- VA- 171 -')Ui Fix VA- 171-5161
1 9. Venue is proper in this action since the real property at issue is located in
2 Kitsap County.
3 Based on the above findings, It Is Ordered:
4
1. Plaintiff's motion is GRANTED.
5
2. Defendant Robert Bottorff and U.S. Bank are declared to be in default for
6
7 failing to appear or defend in this action
8 Entered this 1 0 day of May, 2013.
9
ANNA M. LAURIE
10
KITSAP SUPERIOR COURT JUDGE
11
12
13
Presented by:
14
ROGER A. LUBOVICH
15 BREMERTON CITY ATTORNEY
16 11 \
17
Mark E. Koontz, WSBA #26212
18 Attorney for Plaintiff
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ORDER OF DFFAULT - 3 ROGER A WBOVICH
BREMERTON CITY ATTORNEY
145 6th Stntiti. Suite 600 Bromkil n Washington 98137
CITY OF BREMERTON
DEPARTMENT OF COMMUNITY DEVELOPMENT
IN RE THE MATTER OF:
DECLARATION OF POSTING
Robert Bottorff
#0110156
STATE OF WASHINGTON)
ss.
County of Kitsap )
I, Allison Daniels, declare as follows:
I. That I am a citizen of the United States of America, a resident of the State
of Washington, over the age of eighteen (18) years, not a party to the above - entitled
action, and competent to be a witness herein.
2. That on the 14th day of August, 2013, I posted a true and correct copy of
the above captioned Notice of Violation issued August 14, 2013, by stapling said notice
to the front porch post of the house on the property located at 1926 N. Callow Avenue.
Executed at Bremerton, Kitsap County, Washington on this 14th day of August,
2013.
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct to the best of my knowledge.
Vq
Aiffian'V'Affison Daniels
AFFIDAVIT OF PUBLICATION
Account #37922 AD# 20135535
STATE OF WASHINGTON
COUNTY OF KTISAP
I, Rolene Busw A being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication heremafter referred to, published in the English language continually as
a daily newapaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper, that the following is a true text of an advertent as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit.
And on August 16, 2013 such newspaper was regularly distnbuted to its subscribers during all of said
period. The full amount of the fee charged for the foregoing publication is the sum of $62.86
This amount has not been paid in full.
� f:e, 2
e
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of August 16, 2013
NOTARY PUBLIC
STATE OF WASHINGTON
CHRIBTY Y E11 ®FFFff
My tW E*bWJ 0$6 2 N8
CITY OF BREMERTON
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that there will be a public hearing before the City Council of the City of
Bremerton on
DATE September 4, 2013 TIME. 530 P.M. OR LATER
in the Meeting Chambers at the Norm Dicks Government Center, 345 - 6th Street, Bremerton, Washington,
and all interested persons are requested to be present. To be considered is the following.
APPLICANT- City of Bremerton
ACI70N Request approval of hen to recoup costs incurred to the amount of $6,351.40 for the abatement
of the property located at 1926 N. Callow Avenue
ALL PROTESTS AND OBJECTIONS TO THIS ACTION MUST BE FILED IN WRITING IN THE
OFFICE OF THE CITY CLERK, 345 6th STREET, SUITE 600, PRIOR TO CLOSE OF BUSINESS ON
THE DATE OF THE HEARING.
DATED at Bremerton, Washington this 14TH day of AUGUST, 2013.
For more information regarding this action, you may contact Janet Lunceford, at (360) 473-5213
isJ Jeannie Vaughn
Jeannie Vaughn
Budding Official
August 16, 2013
Ad# 20135535