HomeMy WebLinkAboutC15 0110Action Date Due Date
o3t31t2015
Gity of Bremerton
345 - 6th Street, Ste. 600
Bremerton, WA 98337
(360) 473-5275
Complaint Type:
Complaint Status:
GARB
OPEN
Violator lnformation
cAsE # c15 01 10
Gomplaint Actions
Action Note
E-MAIL FROM COMPIAINANT
Linked File:
Date Submitted:
Date Closed:
03t31t2015
Location
Street: 610 WASHINGTON AVE
City: BREMERTON St: WA Zip:98337
Location:
Address:
Home:Work:lntersection:
Nature Of Complaint
GARBAGE CANS LEFT ON SIDEWALK BETWEEN PICKUP DAYS
Name:
Action
E.MAIL
cttY of
331/2015
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Real Property Search Resudts
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E+GO GO GO GO
17832
29TH
MONTEREY AVE NEBRIDGES I.AKE
WATERFRONT FORESTLLC PARK
WA
981 55
132401-3-
00G2000
(1 139146)
SW
1&24N-
1E
A
610
WASHINGTON
AVE
trttp/lkcrrr'ppub3.co.kitsap.wa.rc/ParcelSearch/details.asp?STREET_NO=61@STREET_NAME=WASHINGTON%20AVE&ACTION=Details 1t1
3r'31t2015
iiONTEREY BRIDGESWATBFRONT U -
Corporatiors: Registration Dddl
UBI Number
Category
Active/lnactive
State Of lncorporation
wA Filing Date
Expiration Date
lnactive Date
Duration
Registered Agent lnformation
Agent Name
Address
City
State
zlP
special Address lnformation
Address
City
State
zip
Go,emingPercons
Title
Manager
602777221
LLC
Active
11t05t2007
1'v30120'15
Perpetual
LLC MANAGEMENT SERVICES LLC
1 45 THIRD AVE SOUTH
sutTE 200
EDMONDS
WA
98020
Name
BROWN
Address
1 7832 29TH AVE NE
I.AKE FOREST PARK , WA 98155
KEITH
http:/A,rrww.sos.wa. gov/corps/search_detai l.s px?tJfi= @2TT72.1 1t'l
Depaftment of Com m un ity Developm ent
345 6th Sfreel Suite 600
Bremerton, WA 98337-1 87 3
Telephone: 360-473-521 3
Fax: 360-473-5278
J anet. Lu n ceford@ci. b re me rton.wa. u s
Lunceford, Code Enforcement
March 31,2015
Monterey Bridges Waterfront LLC
17832 -29,fi Avenue NE
Lake Forest Park, WA 98155
re: 610 Washington Avenue, file #Cl5 0l l0
My office has received a complaint alleging that tenants at your property located at 610
Washington Avenue leave their garbage cans on the sidewalk between pickup days. Because
the sidewalk in that area is ruurow, pedestrians have difficulty getting around the cans \Mithout
stepping into the roadway. Chapter 6.04 of the Bremerton Municipal Code requires that cans
be removed from the right-of-way after they have been serviced by Waste Management and
not returned until immediately before the next scheduled pickup day.
Please take the appropriate steps to inform your tenants of this requirement. We will reinspect
the properfy next week to verifr compliance. If you have any questions, please contact me at
(360)473-s213.
Janet K. Lunceford
Code Enforcement Officer
cc: file
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March 31,2015
City of Bremerton
ATTN: Janet Lunceford, Department of Community Development
Norm Dick Government Center
345 Sixth Street, Suite 600
Bremerton, WA 98337
j anet.lunceford@ci.bremerton.wa.us
By Email Only
RE: Garbage and Recycle Containers on the Right-of-Way at 610 Washinglon Avenue
Dear Ms. Lunceford,
I am writing to report a code violation at 610 Washington Avenue in Bremerton,
Washington (the "Property"). Below is a reference photograph from Google Maps:
I am over the age of 18, I am competent to testifu, I give this statement based on my own
personal knowledge, I am a resident of the City of Bremerton, I currently walk past this Property
on an almost daily basis (8-10 times per week) and have done so for more than four years.
At the Property, I have observed garbage and recycle containers on the public right-of-
way (the sidewalk) on days other than collection day.r Although some containers will be
removed from the sidewalk much later in the day after collection, it is not uncommon for
containers to remain on the sidewalk for days afterward (I remember more than one instance
where a container was left on the sidewalk as late as Thursday). I have attempted to photograph
the condition in its current condition, travelling from the north to the south:
I Monday is collection day in this area and recycled waste was collected yesterday, March 30, 2015, and every other
week.
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These photographs were taken by me today, March 3l,2}l5 around 6:00 a.m.2
Although 6 a.m. may be early for some people, there are a number of people walking at
this time of the morning. Further, it is common for one container or more to remain on the
sidewalk as late as 6:30 p.m., more than 12 hours later-as mentioned already, I have seen one
container of more present on the sidewalk on a Thursday. Most of these containers are probably
put out the night before (Sunday) because they are already on the sidewalk at 6 a.m. on Monday.
Containers that can be put out Sunday night can certainly be removed on Monday night. And
attempts to move these containers offthe sidewalk and onto the driveway (offthe right-of-way)
often result in the container be placed back on the sidewalk by the occupants.3
This condition violates Bremerton Municipal Code Section 6.04.040 (and likely violates
a number of other code provisions):
Each container shall be kept in a place easily accessible to the garbage truck on
collection day and shall be removed from the City right-of-way between collection
days. The property owner and occupant is responsible for ensuring that the lids are
properly secured on the containers and that said containers are removed from the
right-of-way between collection days.
BMC 6.04.040(b). This Department has even referred to this requirement in its brochure on code
enforcement for landlords :
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Garbagc accumulation
t:an hc a hcalth hazartl
rnrl r nuisancc to thc
neiqhborhood, par-
ticularlv il'it is bcing
s( Jtt(.rr'(l hr .rninrals oI JttrJ( t.\ r.rt . (ilrhaqr.
st r\-ir.r is nr,r1(ht()rv rrithirr th, t itl linrits ul
llrr Ir)r'ftr)r1. Prr)l)('11\' ()\\'r)r l's nrust ptrr1.itl.
( ni,u{h q.rrlra{.'(.lnr lr) lr,rLl th. gar[r.rg.' thlt
rr r'ulnulJtls lr!'t\r'('('11 Pi. kuP rlar-s; the r:ans
must bc rt-motctl fiom thc right-ols'av be-
nvcr.n pickup davs.
Property Maintenance for Landlords (Department of Community Development Sept. 23,2010).
2 True and correct duplicate copies of the photographs will be attached to a separate email. No intentional alteration
or change to the photographs has occurred since they were taken.
3 After being threatened last week that an occupant would "bearbaif'the containers, I decided that a report to the
City was my last recourse (one of the recycle containers was put out last week, was still out Tuesday night, and after
the container was moved offthe sidewalk, I was threatened with "bearbaiting"). I don't think bearbaiting was
meant-('booby trap" probably was.
As a general matter, these containers should be removed because the sidewalk is a public
right-of-way. Further, this sidewalk is already a rather narrow sidewalk, especially given the
number of pedestrians who use the sidewalk going to and from the feny and downtown and
given the high volume of traffic on the road right next to the sidewalk (i.e., walking on the road
is highly unsafe). And to add to the number of users impacted, some bikes regularly use the
sidewalk in lieu of using the roadway.a I even recall the City, several years ago, discussing the
elimination of one of the lanes on Washington in order to expand the sidewalk and add a bike
lane.s It is simply unsafe for a landowner and tenant to leave these containers on the sidewalk
any longer than allowed by the Code.
I formally request that the City of Bremerton act to enforce the above code provision and
any other applicable code provisions to abate this public nuisance that interferes with the public
righrof-way and that endangers public health and safety.6
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
Signed this 31st day of March,2015, in Seattle, Washington.
Ww
Matthew Pierce
4 Bikes and pedestrians mixing is itself dangerous for pedestrians, but I am not aware of any explicit prohibition in
the Code.
5 I believe there was some testing that occurred where Washington was reduced to one lane north of Sixth Street to
test the feasibility of such a plan. Given the volume of traffic, I assume that it was not deemed to be feasible. I
whole-heartedly support the City exercising its power of eminent domain to expand the sidewalk eastward toward
the houses on Washington that are north of Sixth Street.
6 In the event a pedestrian was injured due to ths unauthorized presence ofthe containers on the right-of-way, this
letter provides the City with notice of the ongofpg condition, Bxposing it to legal liability ip even those situations
where notice is required for an injured pedestrian to maintain a lawsuit against the City.
March 31,2015
City of Bremerton
ATTN: Janet Lunceford, Department of Community Development
Norm Dick Government Center
345 Sixth Street, Suite 600
Bremerton, WA 98337
j anet. lunceford @ci.bremerton.wa.us
By Email Only
RE: Garbage and Recycle Containers on the Right-of-Way at 610 Washington Avenue
Dear Ms. Lunceford,
I am following up my report of code violations at 610 Washington Avenue in Bremerton,
Washington (the "Property") that I sent on the morning of March 31,2015. I am over the age of
18, I am competent to testiff, I give this statement based on my own personal knowledge, I am a
resident of tni City of Bremerton, I currently walk past this Property on an almost daily basis (8-
l0 times per week) and have done so for more than four years. I walked by the Property this
evening and observed the same garbage and recycle containers on the public right-of-way (the
sidewalk). They were all on the sidewalk after 6:40 p.m. I have attempted to photograph the
condition, travelling from the south to the north:
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These photographs were taken by me today, March 3l,2}l5,around 6:40 p.m'r
As I mentioned in my previous letter, this condition violates Bremerton Municipal Code
Section 6.04.040(b). I appreciate your assistance in this matter. Please let me know if there is
anything else I can do to assist you in this matter'
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct'
Signed this 3lst day of March,2}l5, in Bremerton, washinglon.
Ww
Matthew Pierce
I True and correct duplicate copies of the photographs will be attached in a separate email. No intentional alteration
or change to the photographs has occurred since they were taken'
April 1,2015
City of Bremerton
ATTN: Janet Lunceford, Department of Community Development
Norm Dick Government Center
345 Sixth Street, Suite 600
Bremerton, WA 98337
j anet. lunceford@ci.bremerton.wa.us
By Email Only
RE: Garbage and Recycle Containers on the Right-of-Way at 610 Washington Avenue
Dear Ms. Lunceford,
I am following up my reports of code violations at 610 Washington Avenue in
Bremerton, Washington (the "Property") that I sent on the morning and evening of March 31,
2015. I am over the age of 18, I am competent to testify, I give this statement based on my own
personal knowledge, I am a resident of the City of Bremerton, I currently walk past this Property
on an almost daily basis (8-10 times per week) and have done so for more than four years. I
walked by the Property this morning and observed the same garbage and recycle containers on
the public right-of-way (the sidewalk). They were all on the sidewalk around 6:00 a.m. I have
attempted to photograph the condition, travelling from the north to the south:
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These photographs were taken by me today, April 1, z}l!,around 6:00 a.m.l
As I mentioned in my previous letters, this condition violates Bremerton Municipal Code
Section 6.04.040(b). Under the Code, the City has authority to take action beyond notifying the
owner of the property of this condition:
B. Unauthorized Property.
l. Any object, equipment, structure, or personal property ("property")
which occupies any right-of-way without the legal authorization required by this
chapter is declared a nuisance. The Department may attach a notice to any such
property stating that if it is not removed from the right-of-way within twenty-four
(24) hours of the date and time stated on the notice, the property may be taken into
custody and stored at the owner's expense. The notice shall provide an address and
phone number where additional information may be obtained. If the property is a
hazardto public safety, it may be removed summarily by the City. Notice of such
removal shall be thereafter given to the owner, if known.
2. All expenses incurred by the City in abating the nuisance condition or
any portion thereof, or to repair any damage to the right-of-way, shall constitute a
civil debt owing to the City jointly and severally by such persons who have been
1 True and correct duplicate copies ofthe photographs will be attached in a separate email. No intentional alteration
or change to the photographs has occurred since they were taken.
:a {'
given notice or who own the property or placed it in the right-of-way, which debt
shall be collectable in the same manner as any other civil debt.
C. Enforcement. If the nuisance debris or property has not been removed
or remedied as directed above or in lieu of the above, the Director may seek
enforcement pursuant to BMC 11.02.320.
BMC l1.02.260(B)-(C).
Although notice could be put on the containers, it need not be. The presence of these
containers on the sidewalk constitute ahazardto public safety, and the City may remove them
summarily and provide notice afterward. This seems like a reasonable solution since half of the
containers won't be needed by residents until April 13 and the other half won't be needed until
April6.
I appreciate your assistance in this matter. Please let me know if there is anything else I
can do to assist you in this matter.
I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
Signed this lst day of April,2015, in Seattle, Washington.
ruM
Matthew Pierce
Janet Lunc6ford
From:
Sent:
To:
Matthew Pierce < matthew.pierce.bremerton@g mail.com >
Thursday, April 02, 2015 6:32 AM
Janet Lunceford
Re: Garbage and Recycle Containers on the Right-of-Way at 51.0 Washington AvenueSubject:
Ms. Lunceford,
The containers were finally removed sometime yesterday afternoon. Thank you for your assistance. I will let
you know if there are any issues next week.
Best regards,
Matthew
On Wednesday, April 1,2015,Matthew Pierce <ierce.bremerton(wrote
Ms. Lunceford,
Attached are the photographs included in the letter with the previous email.
Regards,
Matthew
On Wed, Apr 1, 2015 at7:46 AM, Matthew Pierce
llcr'l()u rl tnlriI.cotn) wrote:
> Ms. Lunceford,
> Attached is a second follow-up letter. Photographs will be attached
> in a separate email.
> Regards,
> Matthew
) On Tue, Mar 31, 2015 at 9:18 PM, Matthew Pierce
) (r r r a t t h r1r . p i e rcc. [r rc rr ] c 11 ( ) n r /*gllltli [ .!1].U> wrote :
>> Ms. Lunceford,
>> Attached are the photographs included in the letter with the previous email.
>> Regards,
>> Matthew
>> On Tue, Mar 31,2015 at9:14 PM, Matthew Pierce
e.bremertonI rniril.conr) wrote:
>>> Ms. Lunceford,
>>> Attached is a follow-up letter with photographs attached.
1
i. > Regards^,
>>> Matthew
>>) On Tue, Mar 31,2015 at9:32 AM, Janet Lunceford
> wrote:
property.
occupants, as I'm quite confident that the people living there are renters'
w bremerto
2