HomeMy WebLinkAboutResolution 2024-179BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO.: 2024- -1 !
A RESOLUTION TO AUTHORIZE ABATEMENT IN SUPERIOR COURT AND TO
APPROPRIATE FUNDS AND SET A TIMETABLE FOR THE LAUDERDALE
JUNCTION ABATEMENT AGAINST DONALD AND EDITH DRAKE AND ALL
OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE,
ESTATE, LIEN, OR INTEREST IN THE REAL ESTATE DESCRIBED HEREIN.
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 17490 Highway 97 in Cle Elum, owned by Donald J.
& Edith J. Drake, who are both deceased, contains: multiple Recreational
Vehicles being used as residences; instances of unlawful disposal/dumping of
septic tank waste or gray water onto the ground; the accumulation of trash,
garbage, and litter; unpermitted structures; occupancy of unpermitted
structures without a Certificate of Occupancy; operation of a Recreational
Vehicle Park without a Conditional Use Permit; building set -back violations,
which are within the floodway/floodplain; unpermitted structures and
development within a shoreline area; and creation of a development without a
permit and failure to obtain a shoreline permit, and reports (to the Washington
State Department of Ecology) of defecation/septic waste being placed into
and people bathing in the Swauk Creek; and
WHEREAS, Community Development Services' (CDS) Code Enforcement Officer sent a
Notice of Order to Correct Violation (NOCV) to Burgundy Lenz in Tifton,
Georgia, via certified and regular mail on February 21, 2024 and April 16,
2024 (as she was the alleged heir). The Code Enforcement Officer then sent a
Notice of Violation and Abatement (NOVA) on September 3, 2024, to the
following parties: Attorney Ken Rainbolt, Burgundy Lenz, Helen Copeland,
Darron Drake, and Scarlett Drake (aka Lenz) via certified and regular mail to
their last known addresses. The NOVA was physically posted on the subject
property on the same date. There has been no response to the mailed or posted
NOVA, or the NOCV. The before mentioned individuals are the only known
living heirs. The Prosecutor's Office has determined that there is no lawful
owner of this property as it was not mentioned or transferred in Edith Drake's
probate, and they do not believe Donald Drake's Estate was ever probated;
and
WHEREAS, CDS' Code Enforcement Officer has been in contact with some heirs of the
Decedents, and they are aware of the probate/property ownership issues. The
heirs are responsible for sorting out the ownership issues that surround the
property, not the County; and
WHEREAS, there have been numerous instances of criminal activity that have taken place
on or near the property by individuals squatting on the property; and
WHEREAS, it is estimated that the cost of this abatement will be approximately Fifty
Thousand dollars ($50,000.00). The Auditor has not determined a potential
funding source for this abatement and the Board will need to make that
determination. The Treasurer's Office has confirmed that the property is
delinquent on taxes for the 2023 and 2024 tax years; 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, all known potential heirs of the Decedents have been given every opportunity
to comply with the violations of the County code, but the issues have not been
corrected to date.
NOW, THEREFORE BE IT RESOLVED that the Kittitas County Board of
Commissioners, in the best interest of the public, does hereby authorize the Prosecuting
Attorney and his designee to commence the abatement against Donald and Edith Drake and
all other persons or parties unknown claiming any right, title, estate, lien, or interest in the
real estate described herein.
BE IT FURTHER RESOLVED THAT the Kittitas County Board of Commissioners shall
appropriate the necessary funds to accomplish the task of the abatement of the Nuisance
property and correcting the Code violations pursuant to the abatement process.
l 3
A17OPTED this I,)-11`dayof0CJV 2024 at Ellensburg, Washington.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
ABSENT
th. Chairman
hairman
Cory Wright, Commissioner
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EST:
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APPROVED AS TO FORM
Stephanie Hartung
Chief Civil Deputy Prosecuting Attorney