HomeMy WebLinkAboutResolution 2024-156BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO.: 2024-
TO AUTHORIZE ABATEMENT ACTION IN SUPERIOR COURT AND TO
APPROPRIATE FUNDS AND SET TIMETABLE FOR THE MARTINEZ
ABATEMENT
WHEREAS, KCC 18.05.030 provides for the Board of County Commissioners to approve
commencement of abatement actions in Superior Court, to appropriate funds
for such abatements, and to set timetables for such abatements; and
WHEREAS, the property located at 241 Shady Glen Drive in Easton, owned by Johnny
and Sally Martinez, contains a 600 square foot structure and 1987 square foot
concrete slab that is located within the shoreline and floodway. An infraction
was filed in Upper District Court but was dismissed because the Marinez's
and the PAO had come to a resolution. Mr. and Mrs. Martinez did not comply
with the terms of the resolution and the issues still exits on the property; and
WHEREAS, Community development Services' Code Enforcement Officer sent a Notice
of Violation and Abatement (NOVA) to Mr. and Mrs. Martinez, via certified
and regular mail on May 24, 2024. Mr. and Mrs. Martinez did not appeal the
NOVA, nor have they corrected the issues on the property. The County has
waited the forty-five (45) day period for the Martinez's to comply. The
NOVA is attached to this Resolution; and
WHEREAS, it is estimated that the cost of this abatement will be approximately ten
thousand dollars ($10,000.00). The Auditor has recommended the
Community Development Services Fund Balance as a potential funding
source for this and other abatements. The Treasurer's office has confirmed
that the property is not delinquent on taxes; and
WHEREAS, this is a matter of public health, safety, and welfare, and so it is in the public's
best interest that this public nuisance be abated; and
WHEREAS, Mr. and Mrs. Martinez have been given every opportunity to comply with the
County code, but the issues have not been corrected to date.
NOW, THEREFORE BE IT RESOLVED that the Kittitas County Board of
Commissioners does hereby authorize the Prosecuting Attorney and his designee to
commence an abatement action against Johnny and Sally Martinez in Superior Court.
BE IT FURTHER RESOLVED that the Kittitas County Board of Commissioners shall
appropriate the necessary funds to accomplish the task of abatement once the Superior Court
has issued its Order of Abatement and said abatement shall be completed no later than ninety
(90) days after the Superior Court's Issuance of an Order of Abatement.
ADOPTED this ZAay of 't 2024 at Ellensburg, Washington.
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ATTEST:
CLERK OF THE BOARD
J ie A. Kjax-svik0!
APPROVED AS TO FORM
BOARD OF COUNT)'�COMMISSIONERS
KITTITAS COUNTY, W,SHINGTON
Vice -Chairman
Cory`%ight, Commissioner
Stephanie Hartung
Chief Civil Deputy Prosecuting Attorney