2024-08-26-minutes-public-works-and-cds-study-session

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BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO.: 2024- 1 co 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.