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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 New Search Real Property Search Resudts Data Tax Change Assssor Sales Permit Tax Account Map Request Data Data Data Statement Number Section Taxpayer Township Account Taxpayer Address Range Status Site Address 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 B !*-^*-5// , 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. U ry ---t / #il{ a --- tE-riI I hh ii ,.'e I o' I ,/ ,/ +.// _f n d 2 : .t---_.._ 'l- -t t ) \/t Y .\ t-! tYllPtfnFr*lllt 196 I r,I rt a( .al : ,t t a 7 7 A II a afrrf,fi v I ,"ffii,,Ys It > I!\ S h.: %,r Lta ltt ! # tr a r I i I { tr]I I .1; i LI 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 : C,\Rllz\(il 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: u 1 J II F (, I:E- I g L- : I ,r- / E d }H n L* o ,,F -. *,-r t1\ \r . r a.- \ d i JJ {! t .l I I \\' ut I T s t_ -\ ,l - 1* gr I 6 TTE I cr- II m-ff Ik- thl,ltlZlt|m a --! ,ffi"" F \- I; #ffiF.* E I Y, ---i---__q- I I th I+ .-EmGIrII lrJt rE sl_[ Ir,a I - ii .dreffi rff .l 8890zQtEoG Tnhl\\$ \-- Dt f :,IC @ C. *lu I fl*t }.ErrtF- CO ;air\ t \ Li II I.,t \ t I I *-,{#*# I - E ITE -I !s{- t ,-|-,a d'.g r'r:rA =IW{ - IEsSzrmIixu\\ I , IW- lE- Ea 7 !- I:fr .t PI- IFI -E m I 7 ,, I ,i- \.liji.%t__-----ffi l, .- -:-_-------{ r,^rlE m I'-l t--.r'il trql 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: f I Y t T - Nfrztto$ffi,Lfrt 'Y *lrJtdrr'/rtqa at,.Jd ,{{l,€,&r.Ci/ / 7 FI - il I hn fl a \ te4 t-' !1'l il . .t aa \ \ j I I I s$ffi,BZtES -*+ z/6fflztc0 f,l.F77)'l J i-. *. fllx.*r- s{wtnelc0 lt. -.rrrEl 'ft!*"rhqrcL--SCirBn I5*rtI \-l-4 .-4 / / gt-rFrlI.aw L \ zlGtf,tztc0 / B T EE--.!I ! 1ytn rII I*\ t ,\o t F I -l --'3 s#tE 7 gfrhtttzw r L I .a ---g< :_ i-"rr i ? 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