HomeMy WebLinkAboutCity Council Meeting - City Council Workshop - 03/05/2024 (2) Approved
City Council Workshop
• Workshop Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
March 5, 2024
Date: March 5, 2024
Time: 5:15 p.m.
Place: Chambers
I. CALL TO ORDER
Council President Kaur called the meeting to order.
Attendee Name Title Status Arrived
Satwinder Kaur Council President Present
Bill Boyce Councilmember Excused
John Boyd Councilmember Present
Brenda Fincher Councilmember Present
Marli Larimer Councilmember Excused
Zandria Michaud Councilmember Present
Toni Troutner Councilmember Present
II. PRESENTATIONS
1 Code Enforcement Law Department 75 MIN.
Code Enforcement
Building Services
Senior Assistant City Attorney Victoria Robben provided an overview of the
work of the City's Code Enforcement.
Many departments in the City enforce the Kent City Code:
Finance - Business License Enforcement
Public Works - Environmental Engineering
ECD - Building Inspections / Planning / Permit Process / RHIP
Fire - Fire Inspections
PD - Complaint-based violations / Public Nuisances / Quality of life
All supported by Law
Robben provided a high-level overview of the code enforcement process,
from complaint to resolution. Robben advised that the City cannot enter
private property without consent or a warrant.
Code Enforcement Officer Tabitha Solari, Commander O'Reilly, and Code
Enforcement Officer Lane Farr presented information on:
How the investigation is initiated
Constitutional Restrictions
How the Initial Investigation is conducted
City Council Workshop Workshop Regular March 5, 2024
Meeting Kent, Washington
Minutes
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• How site inspections are conducted
• When a case number is generated or complaint rejected
When admonishment letters or infractions for repeat violation are issued
The Hearing Examiner process
Repeat Violators
Commander O'Reilly talked about what happens when a code enforcement
matter is referred to the Kent Police Department's Neighborhood Response
Team.
Criminal Charges are reserved for the most egregious violations.
Often, though not always, a uniformed officer contacting violator has a
positive impact
Jail and/or criminal record can be motivation needed to clean up property
Removal of unauthorized persons
Upon the receipt of a declaration signed under penalty of perjury, a peace
officer shall have the authority to remove the persons from the premises,
with or without arrest or order the person to remain off the premises or be
subject to arrest for criminal trespass.
Chronic Criminal Nuisance
Is when there are three or more instances of criminal conduct occurs within a
one year period and committed by the person who owns, occupies, leases, or
rents the property, or who is an invitee, licensee, or guest of the person who
owns, occupies, leases or rents the premises.
Filing Criminal Charges Doesn't always solve the problem
Challenges include:
Failure to appear in court results in warrant, which can remain outstanding
for a long period of time
Communication with the property owner stops until lawyer retained
Conveying importance of code enforcement cases and their impact on the
community court in bail and sentencing recommendations
Even if owner pleads guilty or is found guilty at trial, City's ultimate goal is
compliance not conviction.
Superior Court Abatement
Robben detailed Ch. 35.80 RCW - Unfit Dwellings, Buildings & Structures
code.
Can declare a building as dangerous - lengthy process
Process is good - after going through process and they did not demolish, City
can then go to court and ask for warrant for city to demolish
Can then file a lien with equal rank with state and local taxes.
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Page 2 of 3
City Council Workshop Workshop Regular March 5, 2024
Meeting Kent, Washington
Minutes
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Zombie Properties
Residence vacated by owner during foreclosure process or owner is deceased
Bank/lender fails to complete foreclosure process, doesn't take possession
Nobody maintains property
Becomes an attractive nuisance for transients
Eyesore and headache for neighbors
City/police can't enter property without consent or warrant
Ch. 7.100 RCW - Foreclosure and Abandonment of Residential Real Property -
Nuisance Abatement
Puts banks on notice
Applies to residential properties
Code enforcement officer duties were detailed
If mortgage services fails to abate nuisance, City may abate and recover
associated costs.
Solari talked about the process when last owner is deceased.
Public Nuisance Abatement - Ch. 7.48 RCW
A public nuisance is one which affects equally the rights of an entire
community or neighborhood, although the extent of the damage may be
unequal.
Incredibly document/time/resource intensive
Goal is to obtain a court order which requires owner to abate
Police, Law, and other departments work together to build the case
Retaining outside counsel may be necessary
Results take time
Solari provided details on recent successful code enforcement cases and
talked about staff's time commitment and how it varies depending on the
type of case.
O'Reilly talked about the resources the City makes available to those
individuals that do not have the financial resources to correct the situation.
Robben and O'Reilly advised the goal is compliance rather than to penalize.
Meeting ended at 6:26 p.m.
Ki,v r Le,y A. Kawwto-
City Clerk
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Page 3 of 3
a r
wCODE ENFOR MEN,. T -
"CE
. {•
WI IAT DOES CODE
•
ENFORCEMENT DO?
What type of issues are addressed by the city code enforcement process?
Who/what departments are involved in the process?
What challenges does the code enforcement team face?
How are cases prioritized?
Code enforcement officer defined
in KCC 1 .04 .020 (D) as "any
person . . . authorized by statute ,
ordinance . . . or designated by
-.000 the mayor . . . to enforce any of
the regulations subject to the
enforcement and penalty
provisions of this chapter, and
shall expressly include the city 's
code enforcement officers ; the
city attorney . . . the chief . . . the
director of the community
r development department . . . the
director of the public works
department . . . building
4 inspectors ; construction
inspectors ; the chief of the Kent
fire department ; fire code
4 official, and fire inspectors ."
✓ Finance — Business License
Enforcement
✓ Public Works — Environmental
MANY DEPARTMENTS Engineering
ENFORCEIN THE CITY ✓ ECD — Building Inspections / Planning /
THE KENT CITY • D
IN SOME Permit Process / RHIP
MOST • SO ✓ Fire — Fire Inspections
✓ PD — Complaint- based violations /
Public Nuisances / Quality of life
✓ All supported by Law �%
4
C �
F EM ,
., \
1 /
r O TTiE PROCESS *
dM
C From c o m p la lnt to resolution.
--------------
Correction Notice of Hearing
Notice Violation Fxaminer \
Complaint Admonishment
Criminal
Received Letter
Second Civil Third Civil urges
Civil Infra ction Infraction Infraction
MEMO
*This is a high-level look at the code enforcement process of typica Ica se. There are many nuanced variations.
$ 500 fine per Each day a
violation separate violation
Payment of fine Unpaid fines are
does not relieve sent to collections
duty to abate
CONSTITUTIONAL RESTRICTIONS
WASHINGTON PROVIDES EVEN GREATER PROTECTIONS !
Article 1 , Section 7 — WA Constitution
No person shall be disturbed in his private affairs, The 4th Amendment protects only against
or his home invaded, without authority of law. unreasonable searches, leaving individuals subject
to warrantless, but reasonable searches.
4th Amendment — US Constitution
Our state constitution is unconcerned with the
The right of the people to be secure in their reasonableness of a search, but instead requires a
persons, houses, papers and effects, against warrant before any search, whether reasonable or
unreasonable searches and seizures, shall not be not.
violated, and no warrants shall issue but upon
probable cause, supported by oath or affirmation, Bottom line — the city cannot enter private
and particularly describing the place to be property without consent or a warrant.
searched, and the persons or things to be seized.
INITIAL • �
i
1
v
Complaints are received a • Coplogic aka Online Reporting System
variety of ways .
• Phone/E- mail to Code Enforcement
Initial research for ownership,
occupancy and prioritize
• Mayor's Office
response . • City Council
Prioritization = impact size and
• Non- emergency
safety risks to the public.
• Pass on from Public Works via Se e ClickFix
• Assistance requested by ECD
9
SITE INSPECTION
_ VIEWABLE FROM RIGHT OF WAY
6
,y. PERMISSION FROM NEIGHBORING
s ' •
PROPERTY IF NECESSARY
Accumulation of garbage and debris
CONTACT PROPERTY OWNER
■ �...■ ■..� l
L1.
Vehicles parked on lawn; inoperable vehicle;
tall weeds and grass Impervious surface violation
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NT
WA5HIgarOF
March 23, 2022
Property Owner:
POST INSPECTION POW
1 - Case Number Generated Dear Property Owner;
RE: Case # 22-51Do9
o r Parcel #
Complaint Rejected The City has received a report about garbage, trash and debris on your property
located at The trash is the result of a large transient encampment
on the property. This is a violation of Kent City Cade and needs to be corrected.
2— Admonishment Letter KCC 8.01.030.2.d Accumulation of litter, trash and refuse
or A Cade Enforcement Officer will visit your property on or around April 6,2022 to
inspect. If your property is in violation of the Kent City Code at that time, the
Infraction for Repeat Violation Issued
officer will begin formal code enforcement proceedings which could result in the
issuance of a notice of infraction with fines of $513 per violation and a court
appearance.
You currently have a Trespass Agreement with Kent Police Department. You can
contact police using the non-emergency telephone number if you would like to have
them meet you at the property, The police non-emergency number is 253-852-
2121.
If you have any questions, please call 253-856-5909. Your cooperation and
community spirit are appreciated.
City of Kent Cade Enforcement
II
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INFRACTION I I TRAFFIC rZ LMN-TRAFFIC❑PARKING K 9
IN THE Z]DIS7RLCT 2 MUNICIPAL COURT OF KENT WASHINGTON
❑6TATE OF'A'ASHIIJI .KA NTFF WE,6W E➢DEFENDANT
CDMn IF KING
?ErrYM3 1N OF KENT WM17111J(KENT)
L Y4.+�LiTar06 R WM170M 1AUKEEM
THE HroiSK7ME0 Cf RTFE$AMO"Vi%TINT m THE tlR'ATE OF xa4aIRN10rrON
CIVIL INFRACTION
IN
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DM THENAND THERE COWYTE&CH OF THE FULOMMOFFFNSM
If Abated post Admonishment I m�2 ;,$ �� `
Letter, case is closed and no { AFJ FUSS - -
further action.
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�[irPW L1F.MlNW.IrORllq'L\Rl1 a,S lT1E1 M14$u-[$[rnl AlOrl[[[
❑S.—d GM1 VkAwbf 11LF 11[iE 0811A M1�pl nE fpi Ml pTlf 1t10M1U lYrt 1JP1 NYS FFLJYLiIf �..L.�r
{Y�Gri�IRi TIili(/,SFi�}MgJpFQ]IJY'1WTi ilCidlr�� Vl
If still in violation additional Wq,I1[I.C�OItra.MIr` 1
❑FterftMd 6o PI Prrc[n r Ln
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IMMAS,7M
photos are taken. Case is _
IIF ICflpli! POrY1nS1 A4iA' {LggIL� 9.FgrX. �WKI!
1 G IIG 4 IIG P F G � F 1k 1
completed for court and civil ° ° i q•pEE�Y
f[W IOF
YALSHINCaT131JUNIFCM11CCItlRTDOd['!T-CoIIATC[IP+� h.—M5 _
Infraction issued . $5 0 0 fine - NIN LmgiFoTOM NIFt D bOL CCM ANTb M.bk-s I6 =
w,�INcra+LmlFowacouRToackEr oEcv�o,sNTooar w�.>•,�
WASHINGICAUNIFCHMGL'umr DDCIKET LLAC:4Pi 11w�ms
per violation.
7 1C`�{T City of Kent
....... CORRECTION NOTICE
Immediate Action Revufred
File Number: 23-51905
4. DESCRIPTION OF VIOLATION(S):
The structure or property at the address listed below is in violation of one
or more regulations of the Kent City Code("KCC"). Pur=- nr ro <t:-1•C4 ;,tr. A. VIOLATION 01-Accumulations of Litter,Trash,and Refuse: The
and KCC 1.04.C4C•as a person :-'hoc-A-115•C311t1-015.0 Iepa11;ccc.ipies a s:ruct re:r dumpsters have a hiqh volume of garbaqe in and around them.
HEARING EXAMINER property :f fc is r :i i at an c-a t cr5 -t L the <-I tr '_orr are atolls The accumulation is spilling into the parking lot and creating a
re=_ponsi`�le fcr rcrrec:irp t-,e•:'olat crs =ts:1 L•elo;r. F=lu•e to correct the rice at ons hazard.
::thir :11e de-Ili-2 stated L,lor:• slla sisal: n a t.ctice o-'-J,Dt on L-eing issued.
Should a Notice of Violation be issued,a monetary penalty of 5500 FOR EACH Code Provisionfs)5golated-
CORRECTION NOTICE VIOLATION shall be immediately due and owing to the City of Kent.
KCC 8.01.030(2)(d) provides each of the following
1. DATE ISSUED: conditions constitutes a public nuisance: Erectinq,
6/16/2023 maintaining, using, placing, depositingr leaving, or
permitting to be or remain in or upon any premises,which
2. PERSON(S)RESPONSIBLE FOR CODE VIOLATIONS: may be viewed or smelled from without the premises,or in
or upon any street,alley,sidewalk,park,parkwayr or other
PROPERTY OWNER: REGISTERED AGENT: public or private place in the city, any one (1) or more of
the following disorderly, disturbing, unsanitary, fly-
Benson Road Investors,LLC Corporate Creations Network,Inc. producinq, rat-harborinq, disease-causing places,
conditions, or things: Accumulation of any litter,
garbaqe,trash,refuse,and/or rubbish
• Benson Road Investors,LLC CORRECTIVE ACTION REOUIRED: Immediately remove all
If violation abated post
garbaqe around dumpsters. Must keep trash volume to a
ATTN: Michaels reasonable level and able to fit in dumpsters.
Admonishment Letter, case pr Mark Weinstein B. VIOLATION #2 - Lack of Garbage Collection Service. The
Kentwood Apartments apartment complex of 95 units does not currently have active
ATFN: Manager garbage collection service through Republic Services,which is the
is closed and no further only authorized collection company within City of Kent.
Code Provision(s)Violated:
action. 3. ADDRESS OF VIOLATIONS: ICING COUNTY PARCEL NUMBER
KCC 7.03.020(A) provides solid waste collections shall be
22415 Benson Rd se 1722059D96 made by collection companies as authorized by the city.
Kent WA 98031 Except as provided in subsections(B)and(C)of this section,
• If still in violation, all persons and properties within the city are required
to use the solid waste collection system of the city and
CKWECrnoN NOTICE it shall be unlawful for any person, other than those duly
23-51905 authorized by the city, to haul solid waste through the
Correction Notice (CN) is 6/1612023 streets of the city. It is unlawful to dam or store solid
aage 1oFa waste, recyclable, or yard waste materials in violation of
prepared and sent out . Ch.8.04 KCC. Ali persons and Occupied property shall use
and be responsible for at least the minimum level of solid
• Preparation of CN is time CORRECTI0N23O 905
611EW2{723
Page 2 of 4
intensive and often requires
legal review.
YOU MUST PUT AN"X"IN ONE OF THE BOXES BELOW:
❑ Payment of Fine:I admit that I oom milted the violations listed on the other side of this Notice and
have enclosed a check or money order payable in U.S.funds for the Full amount listed in section 4 of this
Notice. However,I understand that paying dre ime does not relieve me of the obligation to
correct the violatiooa,and if I do not correct them,additional Notices of Violation may he
issued against gee or criminal charges may be Filed. NOTE: Where checks are unsigned or returned
for insufficient funds,additional fees may be ass e-rl and the penalty shall be considered unpaid until
HEARING EXAMINER - NOTICE OF VIOLATION valid payment in toll is made. ltmfi to make payment In ig ed to
30 days of the date of issuance of
hilts Notice of Violafran may result in fines and costs being assigned M a cnllecCon agency.
❑ Mitiaatran hearino:I admit that I committed the violations listed on the other side of this Notice
and wish to schedule a hearing to request mitigation of the monetary penalty. I understand that the
hearing examiner may or may not reduce my fine,and that no fine shall be reduced to less than$100 per
violation. I also understand that if I have not corrected the violations by die time of the
heammi the City may oppose any reduction of the fine amount'and that mWabonal Notices of
trmlation may be or criminal charges may be filed. Failure to appear et the hearing shall
result in a default judgment against me with the full fine amounts listed for each violation being assessed
as well as any casts requested by the City. Payment must be made in full within 30 days of any decision
or defaukjudgmertt against me or hlre fines and costs may be assigned to a collection agency.
❑ Contested lfearino: I want a hearing to challenge the violation(s)and I promise to appear at the
• If still in violation after response File Number' 22-22fi7fi hearing. I understand that the C c must only prove by a preponderance or the evidence that the
' violation(s)alleged in this Notice occurred and that[am legally responsible for them. Subject to the
procedures outlined in KCC 1.04,I understand that I may question any evidence or witnesses presented
deadline o n CN then Notice o f � by the P� but that I am responsible forstht furnishing any evidence or of th set a my own behalf. I
Cityof Kent understand that iF The hearing examiner finds that I have committed any of the violations,a fine of$500
K EN T NOTICE OF VIOLATION e eu for each committed violation may be assessed against me.I understand that if I have not corrected
the nuttead violations by the date of the hearing,new Notices of Violation may be issued
Violation (NOV) is prepared and ~.° �'�' Fine Immedratel £]ue against me or criminal charges may he rded. Failure to appear at the hearing shall result in a default
y judgment against me-bi the full fine amounts fisted far each aclatron being assessed as weir as any
costs requested by the Oty. Payment must be made in full within 30 days of any decision or default
issued. WING This Notice of Violation is issued pursuant to Chapter 1.04 of the Kent City Code. A fine of$500 per violation is judgment against me or the fines and casts may be assigned to a collectim agency.
IMMEDIATELY DUE AND O to the City of Kent Fur each violation listed in Section 3,below. Failure to respond as
requirod shall result in the violations automatically being found committed and waiver of any and rKPub to contest the Signature of Person Paying Fine,Mitigating or Contesting:
violations or request mitigation of the monetary penalties. Pursuant to KCC 1.04.200,any fines costs not paid in
full within thirty 30]days of the date of issuance of this Notice of Violation may he sent to a collection agency. Any Print name Dated Signed:
tines sent to a co "on agency are subject to SIGNIFICANT ADDITIONAL COSTS.
• $5 0 0 fine assessed per violation. please read the frond and back of this document to understand r bons
Contact infvrnratiort:
Date Mailed: December 8,2022 Address Apt.#
Response due: December 22,2022
• City State ZIP
Options are to mitigate, contest
1- Address of Violations: Parcel Number: Telephone( ] Email
or pay. Even if fine is paid, 2. Persons Responsible For Violations and Address:
violator still has duty to abate. PROPERTY OWNER
Please Rama Payment re, Account�: 1748428
City of Kent Finance Invoice : RI 71801
3. Description of Violation: Attn:Customer Service
V KENT 220 411'Avenue South Invoice Date: 5124=23
• Hearings held before City A VIOLATION:There is a junk ding i inoperable vehicle parked on the property,in the open, �• Kent,WA 98032
and not enclosed within a building,in violation of the Kent City Code.This vehicle and Amount Due: 1,f100.00
attached trailer have been on the property and in this condition for more than 30 days.
Hearing Ex a inine r. Code Provisions Violated: Terms: Net 30 Days
For billing questions,please contact:
KCC 8.06.030 provides that a vehicle declared by a code enforcement officer to be a Wyosea Alderbrook Assoc.,LLC Egon S Com Dev-Administration
'junk vehicle' is a public nuisance that must be removed, and if necessary, (253)856-5457
• Fines not paid after 3 0 days are impounded and destroyed,unless the vehicle is completely enclosed within a building
in a lawful manner where it is not visible from the street or other public or private Amount
property as exempted in KCC 8-08-040. Enclosed:S
sent to collections. KCC 6.02.020 defines a"junk vehicle'as a vehicle that meets three c the following
PLEASE wRPE wgnlCE NDNBER ON YOUR CHECK
conditions:(i)is three years or older;(ii)is extensively damaged,including but not phessedeterhmdrotumimon,cones¢nwurp.ymemhoanwr.properuearreryeuremwm.Teankyw.
limited to a broken window or windshield, or missing wheels, tires, motor or
• transmission; lilt)is apparently inoperable;and c has an approximate fair market
City incurs cost of hearing s
value equal only to the approximate value of the scrap in it. Based on this definition, City of Kent Finance
the Cade enforcement officer has determined the vehicles identified above are junk Attn:Customer Service Wyosea Alderbrook Assoc.,LLC
examiner regardless of outcome vehicles. 220 Ken 4w Avenue South
Additionally,zoning regulation KCC 15.08.040 provides that no more than one(1) Kent,WA 98032 r
MI
vehicle that is inoperable,not licensed,or legally operable on the roadway may be RI 71841 5/24/2023
of hearing. stored or parked on residentially zoned property for more than 30 days,unless it is
stored in an enclosed area and hidden from view by surrounding neighbors. Liri Description
1.0 KPD CE 2351591 NOV Fine 1DOC2261.55500 1,000,00
Notice o1 Violation and Fine for
Unsecahred Trash Disposal-500 00
CORRECTIVE ACTION REQUIRED: Remove the junk or inoperative vehicle and trailer Accumulatlan of Tresh&Uebns-500.00
from the comply with the storage requirements of KCC 8.08.040 and
KCC 15.08.090 and hide the junk vehicles from view within an enclosed building,
Total Charges: 1.000,00
-',
• Prior Abatement to Admonishment Letter step tells
us we are likely to get a response and be able to
resolve this on a CE level.
• Prior Issuance of Civil Infraction or Notice of
REPEAT . Violation, within the last two years and under same
ownership, tells us we are likely best to move
forward with additional fines.
• General rule of thumb is 3 or more Civil Infractions
(or Notice of Violations) then charges would be
referred for Criminal Charges.
KC-IC 1 .04 .220
REPEAT VIOLATION OR FAILURE TO ABATE - MISDEMEANOR
WHERE A PERSON OR ENTITY HAS
BEEN FOUND TO HAVE CONMT IM
A VIOLATION, REGARDLESS OF
WHETHER THE VIOLATION WAS
RESOLVED WITHOUT PENALTY THE
FAILURE TO ABATE THE VIOLATION, -OR THE COMMISSION OF A
SUBSEQUENT VIOLATION, OR THE
VIOLATION OF A WRITTEN ORDER
OF THE HEARING EXAMINIT, SHALL
EACH CONSTITUTE A REPEAT _
VIOLATION AND SHALL EACH BE A
MISDEMEANOR
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CRIMINAL CHARGES ,dd7
•
Reserved for the most egregious
violations . y -
• Often, though not always , a
uniformed officer contacting
violator has a impact .
im a positive
p p
• Jail and/or criminal record can ber .,
motivation needed to clean up '
property. _
- -
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REMOVAL OF
r UNAUTHORIZED PERSONS
' RCW 9 A. 5 2 .10 5
- - I
4 ,
Upon the receipt of a declaration
r signed under penalty of perjury, a
peace officer shall have the authority
- -; to :
a ) Remove the person(s) from the
premises, with or without arrest .
b) Order the person(s) to remain off
the premises or be subject to
�---� arrest for criminal trespass .
�y. ��;�.. .w V r _ , X� sue• ,?.� _
Kent Police Departmel`t
Raphael Fatlllla
crier at Paticc
�+ 220 At'Avenue South
EN ` Ken„lVA 4tl032
Kvw. Yunt.ways Fez:253-95fi-G802
Phone=253-E5&-SA0U
March it 2024 CHRONIC CRIMINAL NUISANCE
KCC 8.01 .010(C) defines a chronic
criminal nuisance as any premises
at which three or more instances
RE: NotiirKatian of Crirninal Activity Occurring at KNIk WA
of criminal conduct occurs within a
Date of Inc ider.�: November 25, 2023 &November 26r 2023 h
Kent Police Case Number: 23-16034&23-16058 one year period when such criminal
Location of Incident:
Dear-Owners and Managers; conduct is committed by the
it has bear, esta blished that you hold an ownersh i p i n terest in or have ma page ment person who owns, occupies,
responsibility for the above-named apartment complex property. Accordinglyr
pursuant to XCt; 5.14.tI80(B) and KCC 8.01.030(153, and at the request of leases, or rents the property, or
property manager 111111 r you are hereby notified that the above-referenced
address is a location at w is , Phoenix Court resident
was arrested on your property in connection with two who is an invitee, licensee, or
separabe in ents occurring on November 25r 2023r and November 25, 2023, as
followvs; guest of the person who owns,
1) Knowingly coming within 1r000 feet of the resident in unit 401's residence in occupies,y� leases or rents the
violation of an active Domestic Violence (DV) No Contact Order CNCO), and
2) On a second occasion, knowingly coming within 1,000 feet of the resident in premises.
unit #01's residenre in violation of an active Domestic Violence (DV) No
Contact Order (NCO)r resisting arrest, and maling a false statement to a
public servant,
On November 25, 2023, at approximately 3:01 p.m., Kent Phialice reported to an It is unlawful to maintain, conduct, promote, facilitate, permit
order violation call at the
partments. The respondent was identified
by dispatch as and his identity was confirmed via DOL or allow a chronic criminal nuisance.
photo. Police arrl nd spoke with the victimr a resident at
* Mayor Dana Ralph 20
FILING CRIMINAL CHARGES DOESN' T
ALWAYS SOLVE THE PROBLEM
Challenges
1 . Failure to appear in court results in
warrant, which can remain
outstanding for long period of time.
2. Communication with property owner
stops until lawyer retained. T` -
3. Conveying importance of code
enforcement cases and their impact
on the community to court in bail and
N�
sentencing recommendations. ;,
4. Even if owner pleads guilty or is found
guilty at trial, City's ultimate goal is
compliance not conviction.
21
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S .
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r �
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Ch. 3 • 1 �
CW UNFIT ,WTILINGS,
BUILDINGS & STRUCTURES
5 7 1
13 Permits the City, through due process, to
OF
unfit for human habitation or other uses.
-declare a property or portion thereof to be
a—_
J Investigation
Y'
Hearing
Appeal
M
Owner abate (repair or demolish)
'a -
.y�
J If owner fails to abate, City may take action.
LJ City must first obtain warrant from _2�I
Superior Court.
El Abatement costs
assessed against I
13 Lien of equal rank with state and local taxes.
13 Very time and resource intensive process.
El If successful, great reward!
l
23
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r,
1.
ZOMBIE PROPERTIES
_r
- _ �= ' ➢ Residence vacated by owner
during foreclosure process , or
- - owner is deceased .
_ - ➢ Bank/ lender fails to complete
- -- foreclosure process , doesn't
take possession.
_-
--- ➢ Nobody maintaining property.
➢ Becomes an attractive nuisance
for transients .
➢ Eyesore and headache for
neighbors .
_ ➢ City/police can't enter property
without consent or warrant .
' Ch. 7.100 RCW — Foreclosure and Abandonment of
Residential Real Property — Nuisance Abatement
5
❖ Applies to residential properties that are:
1 . Abandoned
2. Mid-Foreclosure
�. 3. A nuisance
❖ Code enforcement officer duties:
1. Conduct site visit;
2. Identify three indicators of abandonment;
3. Take time and date stamped photographs;
4. Prepare and sign affidavit stating property is abandoned, in
-+{ mid-foreclosure, and a nuisance.
IP
5. Work with Law Department to send notice, affidavit, photos,
etc. to bank. Await response.
,� ❖ If mortgage servicer fails to abate nuisance, city may abate and
t recover associated costs.
1 . Assessment constitutes lien and is binding upon successors in
- title only.
2. Equal rank with state and local taxes.
3. City CANNOT enter without obtaining warrant or consent.
` 25
PUBLIC NUISANCE ABATEMENT - CH. 7.4 8 RCW
A public nuisance is one which affects equally the rights of an entire community or
neighborhood, although the extent of the damage may be unequal.
• Incredibly document/time/resource intensive .
• The goal is to obtain a court order which requires
the owner to abate the nuisance and if they fail to
do so, to hold them in contempt .
Police , law, other departments, and the
community work together to build the case .
Retaining outside counsel may be necessary to
see the case through, which can be costly.
• Results take time .
26
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CODE ENFORCEMENT � �
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CE Involvement had been on/off since Spring 2020 — Fall 2023
PROBLEM HOUSE Homeowners had received King Country Trash Vouchers in the
past to assist in clean up.
Property ultimately sold to new owners who finished the remaining work to bring property into compliance.
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BEFORE:
This property presented numerous challenges:
1 . Owned by an absentee property owner — not
r� -
a
�•► in foreclosure, current on taxes.
2. Attractive to squatters.
3. Neighbors frustrated.
4. Code enforcement notices ignored.
5. Criminal charges filed — owner failed to
Tv
i 119I11 " appear. Warrant issued; case lingered.
I III
S;, AFTER:
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Persistence paid off. Diligent neighbors '
,s
maintained good communication with NRT
and the Law Department. The warrant was
served, the owner was booked into the Kent
Correctional Facility and upon his release he
arranged for the house to be demolished ,
within a week.
s - :,1�. -
APARTMENT COMPLEXES CLEANED UP These are examples of large- scale
clean ups at apartment complexes
around the City. These occurred during
the heat wave in 2023 and were very
impactful to many Kent residents.
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