The URL can be used to link to this page

Home My WebLink Aboutres2004-043WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2004 - 200 CLEARANCES Date Date Received in Council Ofici Agenda Date Assigned To Orig. Dept.. Planning & Develop 5/6/2004 5/18/2004 Introduction Division Head: Dept. Head: Prosecutor'. Budget. Executive: SUBJECT. Resolution ordering assessment against property at 4739 Alderson Road, Blaine ATTACHMENTS Resolution, Case Notes, Code SUMMARYSTATEMENT: Related Connote Contract #: Should the Clerk schedule a hearing?(Y/N) Y Requested Date 6 /1/2004 RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2004 -200 5/18/2004: Introduced 6/112004: Public hearing held - hearing held open to 6/15 6/15/2004. Approved 5 -0, Roy, Nelson absent, Res . #2004 - 043 Related File Numbers.' Ordinance or Resolution Number (this item only): RES. *ZGb4 - 043 SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: 5/18/04 RESOLUTION NO 2004 -043 A RESOLUTION ORDERING AN ASSESSMENT AGAINST THE PROPERTY AT 4739 ALDERSON ROAD, BLAINE, WA, PURSUANT TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS WHEREAS, between June 26 and July 14, 2003, Whatcom County demolished and removed a burned mobile home owned by Ruth Toews located on her property at 4739 Alderson Road, Blaine, WA. WHEREAS, the demolition and removal of the mobile home was done under the authority of the Uniform Code for the Abatement of Dangerous Buildings (UCADB), adopted by Whatcom County in WCC 15.04.010 A. 3. WHEREAS, pursuant to Section 901 of the UCADB, a report was prepared by Whatcom County Planning and Development Services staff specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building was located, and the name and address of the person entitled to notice pursuant to Section 401.3 of the UCADB. WHEREAS, said report was submitted to the Clerk of the Whatcom County Council who, pursuant to Section 902 of the UCADB, arranged for a time, date, and place for a hearing on said report and any protests or objections thereto and then caused notice to be given as required by that section. WHEREAS, on June 1st and June 15th , 2004, the Whatcom County Council heard and passed upon the report and any objections or protests thereto, and confirmed the correctness of the report and the charge. WHEREAS, the Whatcom County Council, pursuant to Section 905.1 of the UCADB, then considered whether said charge should be made a personal obligation of the property owner or a charge against the property. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that a charge in the amount of $4900.41 shall be assessed against the property at 4739 Alderson Road, Blaine, WA. Said assessment shall be recorded on the assessment roll, and, thereafter, said assessment shall constitute a special assessment against and a lien upon the property. Page 1 APPROVED this 15 day of June , 2004. .� ATTES}? yc�NlHSy •� 31tl 1s�' *�'o Dana ° lbVt She Council o 0 *y,,, APPROVED AS Td �ORM: Civil Deputy Prosecutor Page 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dan cShane, Council Chair S WHATCOM COUNTY HAL H. HART, A.LGP. PLANNING& DEVELOPMENT SERVICES Director 5380 Northwest Drive ROLAND MIDDLETON, LG, LEG, AICP Bellingham, WA 98226 Land Use Division Manager Case Notes for Whatcom County Council Re: Ruth Toews — Mobile Home Abatement (Submitted by Suzanne Boman — May 2004) The following report summarizes the enforcement action taken by Planning & Development Services (PDS) in order to legally abate a bumed and dilapidated mobile home located at 4739 Alderson Road in Blaine, Washington. Location of Parcel: 400131211427 (Birch Bay Park First Add, Lot #6) Property Owner: Ruth H. Toews 33532 Marshall Road Abbotsford, BC Canada, V2S 1K9 1. On June 15, 2001 a letter was sent to the Executives Office regarding a burned out mobile home on Alderson Road. 2. A formal complaint was filed with PDS on July 17, 200 L Suzanne Bosman, Code Enforcement Officer, was assigned to the case (ENF2002- 00024). 3. During a site inspection on August 29, 2001 it was documented that a fire had occurred mid destroyed at least 50% of the mobile home and its addition. (EXHIBIT A) 4. Numerous phone calls and e -mails were received stating that fragments of the mobile home were blowing off onto neighboring property as well as into traffic. Small children had also been observed playing in the remains of the structure. 5. An Order to Abate was issued to the property owner, (Ruth Toews) via certified mail on August 5, 2002 and received by her on August 19, 2002. The Order to Abate was also posted on site per the Uniform Code for the Abatement of Dangerous Buildings (UCADB). The owner was given 60 -days from the date of the order to demolish the structure. (EXHIBIT B) 6. The property owner failed to respond to the Order to Abate, therefore we assessed a $1,000.00 penalty assessment. (A total of ten (10) penalty assessments in the amount of $1,000.00 each were issued to the property owner between October 2002 and April 2003. A total of $10,000.00 in fines has been reported to Collections.) (EXHIBIT C) 7. At the request of Executive Kremen, action was to be taken to remove the mobile home from the property as allowed under the Uniform Code for the Abatement of Dangerous Building (UCADB), Section 401(4)(ii). I p6 M co G Vi'HATCOM COUNTY SP NA HAL H. HART, A.LCP. PLANNING & DEVELOPMENT SERVICES 3 < Director s2SO Nortlnvest Drive ' ROLAND MIDDLETON, LC, LEG, ART Bellingham, WA 98226 Land Use Division Manager 9`SMIHGtO S. A Notice of Demolition was approved by Karen Fmkes, Whatcom County Prosecuting Attorney, and sent to the property owner via certified mail on April 4, 2003 and posted on site on April 10, 2003. The Notice of Demolition stated, "_.As you have failed to respond to the Order to Abate and have not exercised your legal right to appeal the order, Whatconr County Planning & Development Services will be utilizing Sections 401(4), 701, 801 and 901 of the Uniform Code for the abatement of Dangerous Buildings (UCADB). This allows Whatconr County the authority to have the remains of the mobile home demolished and removed. The charges accrued for this action will be charged against you as the property owner, or by means of a lien of assessment..." (EXHIBIT D) 9. Suzanne Bosman received a phone call from Ruth Toews on April 16, 2003. Ms. Toews was upset that the notices did not include her husband's name. She did not seem concerned about the removal of the mobile home. After a lengthy discussion, she agreed to come to the United States and obtain a demolition permit from the Department of Labor & Industries. She was told that as long as she was staying in contact with Suzanne, then PDS would not issue any more fines or proceed with the lien of assessment. PDS never heard back from Ms. Toews. 10. UCADB, Section 402 states, "If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a dangerous building and (it) that the owner has been so notified..." On March 28, 2003 the Building Official, J.E. "Sam" Ryan filed such notice with the County Auditor (Record #2030305984). (EXHIBIT E) 11. Numerous discussions were made amongst County personnel to discuss how to remove the burned mobile home from the site. On June 5, 2003 a memorandum was sent to Dewey Desler, Director of Administrative Services from Karen Frakes, Civil Deputy Prosecutor regarding how the work was to be accomplished and how the costs were to be paid. Michael Russell, Facilities Supervisor was assigned the task of overseeing the project. (EXHIBIT F) 12. Facilities Management began work on the site on June 26, 2003. With the help of Public Works mid Jail Alternatives, the mobile home was demolished and the site completely cleaned. Mike Russell conducted a final inspection of the site on July 14, 2003. 13. On January 8, 2004 an itemized account of the expenses incurred by Whatcom County to demolish the mobile home was submitted as required in the UCADB, Section 901. (EXHIBIT C) 14. UCADB, Section 902 states, "Upon receipt of said report, the clerk of this jurisdiction shall present it to the legislative body of this jurisdiction for consideration. The legislative body of this jurisdiction shall fix a time, date and place for hearing said report and any protests, or objections thereto.." SGOm eo 4 W BATCOM COUNTY �� tia HAL H. HART, A.LC.P. PLANNING & DEVELOPMENT SERVICES ��jj�� Director 5250 Northwest Drive \ �' ROLAND MIDDLE ION, LG, LEG, AICP Bellingham, WA 98226 $� �8 Land Use Division Manager 9`SMrNGtO 15. Planning & Development Services is recommending a lien of assessment as outlined in Section 908 of the Uniform Code for the Abatement of Dangerous Buildings. The total amount for the lien of assessment is 54,900.41. (EXHIBIT G) W Loom co WHATCOM COUNTY 3ry �`; LAND USE DIVISION PLANNING AND Roland Middleton, Manager DEVELOPMENT SERVICES 5280 Northwest Drive - t''gstiiH� <oP Bellingham, WA 98226 Hal H. Hart (360) 676 -6907 Director Order to Abate Date: August 5, 2002 Location of Parcel Parcel #400131211427 (Birch Bay Park First Add, Lot #6) Tax Payer: Ruth H. Toews Issued To: Ruth H. Toews 33532 Marshall Road Abbotsford BC Canada V2S IK9 Whatcom County Planning and Development Services, Land Use Division is issuing you this Order to Abate under the provisions of the Uniform Code for the Abatement of Dangerous Buildings (1997). CODE SECTIONS CITED: Uniform Code for the Abatement of Dangerous Buildings Section 302 — Dangerous Buildings DESCRIPTION OF VIOLATION: Whatcom County received a citizen complaint and several phone calls regarding your site at 4739 Alderson Road located in Blaine, Washington. During a site inspection on August 29, 2001 it was documented that afire had occurred and destroyed at least 50% of the mobile home and its addition. It has recently been reported that fragments of the mobile home have been blowing off onto neighboring property as well as into traffic. In addition, small children have been playing in the remains of the structure. Our department has classified this to be a dangerous structure and a public nuisance. The remains of the structure have been found to be dangerous under the provisions of Section 302(12) and require immediate attention. CORRECTIVE ACTION REQUIRED: Under the request of the Building Official, it has been determined that the structure is a dangerous building as specified in Section 302(12). Due to the extensive damage of the mobile home, the structure must be demolished within 60 -days from the date of this order. The building shall be demolished in accordance with the current building code provisions. You will need to obtain an issued Demolition% Permit by our department before any work can begin. Enclosed is an application for a Demolition Permit. Please read the back of the application thoroughly then submit (in person) the completed application to our department for review. Any person having any record title or legal interest in the building may appeal this Order to Abate, provided that the appeal is made in writing as provided in this code and filed with the building official within 30 -days from the date of service of such order. Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. Failure to appeal or comply with this Order to Abate will result in the imposition of penalties and other remedies as provided for by law. Please contact me immediately if you have any questions regarding this matter. Issuing Party/Title : Suzanne Bosnian / land Use Specialist — Compliance Sbosman@co.whatcom.wa.us DELIVERY METHOD: ❑ Posted on Site ® Certified Mail ❑ Hand Delivered ❑ Regular Mail FNF2002 -00024 - Toews.doe EXHIBIT B EXHIBIT C 6 20 N 0 P W NN m a pooa£ �n N ofu � 4 O O n a .nnnnnnnnn5 pm mp HIlkq �R 5 3 d IYN (Z N w mVi ��j M4mNNmmmYm �N C VVMVYVVVV x 04wpwpppOY Vyp.pw4yiN .O \\ \0000 \� •m WWWwuWWWNN ,m �' \ n r r �q�ycy °aa °ow °o °w °i on n f4i.°.a WwwwwwwuwN 1m\ Vo X� .-n wn �. .-o Hrt Ie nm�n Yy �xrm �000000000o w:H oaoaaapapp w nnw N �'G mm a N �O �0 �N la �00000000 capcoocoo6 N o G a n E r� NN'�N NONNVr G 60• N 46N NMI r• CS u6 uCNUpu uOH 11' J CCC�CCCC� 000.C.o 000.�7� rrrorrrroN �.u�q�gp�'ON vu \ Cy(`CCCy ooHrHHHHR"o epw EXHIBIT C GLOM CO WHATCOM COUNTY 3? °j "a LAND USE DIVISION PLANNING AND 4�j.,� <c�j Roland Middleton, Manager DEVELOPMENT SERVICES 5280 Northwest Drive h`qs nL�O� Bellingham, WA 98226 Hal H. Hart (360) 676 -6907 Director Notice of Demolition Date: April 4, 2003 Location of Parcel: Parcel #400131211427 (Birch Bay Park First Add, Lot #6) Tax Payer: Ruth H. Toews Issued To: Ruth H. Toews 33532 Marshall Road Abbotsford BC Canada V2S 1K9 Whatcom County Planning and Development Services, Land Use Division issued you an Order to Abate on August 5, 2002. We have a receipt of record from the poet office indicating the Order to Abate was received and signed by you on August 15, 2002. To date, the mobile home has not been demolished and is a dangerous structure and public nuisance. The remains of the structure have been found to be dangerous under the provisions of Section 302(12) of the Uniform Code for the Abatement of Dangerous Buildings (UCADB) and require immediate attention. As you have failed to respond to the Order to Abate and have not exercised your legal right to appeal the order, Whatcom County Planning & Development Services will be utilizing Sections 401(4), 701, 801, and901 ofthe Uniform Code for the Abatement of Dangerous Buildings (UCADB). This allows Whatcom County the authority to have the remains of the mobile home demolished and removed. The charges seemed for this action will be charged against you as the property owner, or by means of a lien of assessment. CODE SECTIONS CITED: Uniform Code for the Abatement of Dangerous Buildings Section 302 dangerous Buildings Section 401 - General (Notices and Orders of Building Official) Section 7013 - Failure to Commence Work Section 801 - General (Performance of Work of Repair or Demolition) Section 901 - Account of Expense, Filing of Report Per UCADB, Section 701.3(3), "The building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code.. This Correction Notice is to inform you that we have begun such proceedings. If you have any questions regarding this notice, please contact me immediately at (360) 676 -6907, Ext. #50240 or by e-mail at Sbosman @co.whatcom.wams. Signature _�, �..:ra- v- .�o.�� E,'vlail: Sbosman((lco.whateom.wu.us Authorized By: Date: /-8-e).3 DELIVERY MET OD: E PostOd on Site ® Certified Mail ❑ Hand Delivered ® Regular Mail ENF2002 -00024 - Notice of Dersolition.doc EXHIBIT D WHATCOM COUNTY PROSECUTING ATTORNEY DAVID S. WEACHRAN CHIEF CRNnNAL DEPUTY CHIEF CIVIL DEPU I Y Mac D_Sater County Courthouse, Suite 201 RandallI Wafts 311 Grand Avenuc ASS'IL CIIIEFCRLMINALDFA'LTY Bellingham, Washington 9822SA079 CIVIL DEPUTIES Thomas E_ SeIaune Phone (3 60) 676-6784 County (360) 398 -1310 Karen N_ Frakes FA (360) 738 2532 Danicl I- Gibson CRIMIN Al. DEPUTIES David M_ Gran Craig D. Chambers Elizabeth L Gallery SUPPORT ENFORCLMENT DaNid A. Graham Angela A. Curvas Royce S. Buckingham Dionae M. Clasen Enc 3. Richey Eaves T. Hula n APPELLATE DEPUTY Rosemary H. Icnholokula Iaura D_ Hayes Van LSlWola IGavherly 9huhn AEA Pet,TR. Dworkin gEepill /Cp m Du Bracke F relesa vyer U� 6.70p3 W atco o m h p MEMORANDUM etQS TO: Dewey Desler, Director of Administrative Services FROM: Karen Frakes, Civil Deputy Prosecutor J* RE: Removal of Mobile Horne at 4739 Alderson Road, Blaine DATE: June 51 2003 As we discussed on Wednesday, the appropriate steps have been taken to abate the mobile home at the above location as a dangerous building pursuant to the Uniform Code for the Abatement of Dangerous Buildings, adopted by WCC 15.04.010. At this point, we must resolve the issue of how the work is going to be accomplished and how the costs will be paid. For your convenience, I have attached the provisions of the code pertaining to the procedure for payment of the costs of demolition. Given the owner's failure to demolish the building as ordered, the code allows the County to do it either by using its own personnel or through private contract ( §801. 1). The code directs the legislative body to establish a fund specifically for this purpose ( §802.1) and requires that the cost of the work be paid out of that fund ( §801.2). As you can see from the provisions, the director of public works is assigned the task of monitoring the project. Once it is finished, a final cost bill is prepared and reviewed through a council hearing process (§ §901 -904). Finally, the council must decide whether the cost will be treated as a personal obligation of the owner or as a charge against the property ( §905.1). Please keep me advised as this matter progresses and, of course, do not hesitate to call me with any questions. EXHIBIT F PAGE 1997 ABATEMENT OF DANGEROUS BUILDINGS 801 802.2 Chapter 8 PERFORMANCE OF WORK OF REPAIR OR DEMOLITION SECTION 801 — GENERAL 801.1 Procedure. When any work of repair or deal() l i tion is to be done pursuant to Section 701. 1, Item 3, of this code 'e' the build- ing official shall issue an order therefor to the director of public works and the work shall be accomplished by personnel of this ju- risdiction or by private contract under the direction of said direc- tor. Plans and specifications therefor may be prepared by said director, ce the director may employ such architectural and engi- neering assistance on a contract basis as deemed reasonably nco- cssary. If any pan of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed. 801.2 Costs. The cost of such work shall be paid from the repair and demolition fund, and may be made a special assessment against the property involved, or may be made a personal obliga- tion of the property owner, whichever the legislative hody of this jurisdiction shall determine is appropriate. EXHIBIT F PAGE 2 SECTION 802 — REPAIR AND DEMOLITION FUND 802.1 Ceneral. The I mishnive body of this jurisdiction shall cs- tablish a special revolving fund to be designated as the repair and demolition fund. Payments shall be made out of said fund upon The demand of the director of public works to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings. 802.2 Maintenance of Fund. plic legislative body may at any time transfer to the repair and demolition fund, out ofany money in the general fund of this jurisdiction, such sums as it may deem necessary in order to expedite the performance of the work of re- pair or demolition, and any sum so transferred shall be deemed a loan to the repair and demolition fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the treasurer of this jurisdiction who shall credit the same to the repair and demolition fund. 1s 1997 ABATEMENT OF RANGE' S BUILDINGS Chapter 9 RECOVERY OF COST OF REPAIR OR DEMOLITION SECTION 901 — ACCOUNT OF EXPENSE, FILING OF REPORT 'Ilie mentor of public works shall keep an lemized account of the expense incurred by thisjur6dtction in the repair rr demolition of any building done pursuant to the provisions of Section 701 .3, Item 3, of this code. Upon the completion of the work of repairor demolition, still director shall prepare and file with the clerk of this jurisdiction a report .specifying the work done, [lie itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Section 401.3. SECTION 902— NOTICE OF HEARING Upon receipt of said report, the clerk of this jurisdiction shall pre- sent it to the legislative body of this jurisdiction for amsideration 'fhc legislative body of this jurisdiction shall fix a time (talc and place for hearing said report and any protests or objections there- to. The clerk of this jurisdiction shall case notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in this juI set infirm and served by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and address appears on the last equalized assessment roll of the county, if such so appears, or as known to the clerk Such notice shall be given al least le days prior to the date set for the hearing and shall specify the day, hour and place "lien the legislative body will hear and pass upon the director's report, together with any objections or protests which may be filed as hereinafter provided by any person tmcrered in or affected by the proposed charge_ SECTION 903 — PROTESTS AND OBJECTIONS Any person inclusion] in muttered by the proposal charge may file written polaris or objections with the clerk of this jurisdiction at any time prior to (lie time set for the hearing on the report of the director. Each such protest or objection nest contain a description of tire property in which the signer thereof is interested and tie grounds of such protest or objection. The clerk of this jurisdiction shall endorse on every such protest or objection lire date of re- ceipt 'Nhe clerk shall present such protests or objections to the legislative body of this jurisdiction at the tittle set for the hearing, and no other protests or objections shall be considered. SECTION 904 — HEARING OF PROTESTS Upon the day and hour fixed for the hutng, the legislative body of this jurisdiction shall hear and pass upon the report of the dtme- for together with any such objcetion., or protests. The legislative body may make such revision, correction or modification to the report or the charge as it may slecnh just, and when the lejendalive body is satisfied with the correctness oftire charge the wporl (as submile d or as revised, corrected or mod0ed) together svtlh the charge, shall be confirmed in rejected, Phe decision of the Icginlu- live body of this jurisdiction on the report and the charge, and on all protests or objcdions, shill he 1111,11 and amelusive_ ®h• SECTION 905 — PERSONAL OBLIGATION OR SPECIAL ASSESSMENT 905.1 General. The legislative body of this jurisdiction may thereupon order that said charge shall be made a personal obliga- tion of the property owner or assess said charge against the prop- cry involved. 905.2 Personal Obligation. If the legislative body of thisjuris- diction orders Thal the charge shall be it personal obligation of the property owner, it shall direct the attorney for this jurisdiction to collect the same on behalf of this jurisdiction by use of all appro- priate legal remedies. 905.3 Special Assessment. Ifthe legislative body of thisjuris- diction orders that the charge slmll be assessed against the proper- ly, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall con- stitute a special assessment against and a lien upon the properly. SECTION 906 —CONTEST '[he validity of any assessment made under the provisions of this chapter shall not he contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a fineljudgment in such action or proceeding must be per- fected within 30 days after We entry of such judgment. SECTION 907 — AUTHORITY FOR INSTALLMENT PAYMENT OF ASSESSMENTS WITH INTEREST The legkialtvc body of this jurisdiction, in its discretion, may de- termine that assessments in amounts of $500A0 or more shall be payable in not to exceed five equal annual installments. The legis- lative body's determination to allow payment of such assess- ments in installments, the number of installments, whether they shall bear interest, and the talc thereof shall be by a resolution adopted prior to the condiunation of the assessment. SECTION 908 — LIEN OF ASSESSMENT 908.1 Priority. Immediately upon its being placed on the assessment roll, the assessment shall be deemed to he complete, title several amounts assessed shall be payable, and the assess- ments shall be liens against the lots or Parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same properly and shall be paramount to all other liens except for state, county and property taxes with which it shall be neon a prrity. the lien shall continue until the assessment and all interest due and payable thereon are paid. 908.2 Interest. All such assessmmens remaining unpaid after 30 days from the dare of recording on [tic assessment roll shall be come delinquent and shall bear interest at the rate of percent per annum from and after said date. SECTION 909 — REPORT TO ASSESSOR AND TAX COLLECTOR: ADDITION OF ASSESSMENT TO TAX BILL After carbonation of tire report, certified espies of the assess- ment shall be given to to a wssm and the tax collector for (his EXHIBIT F 17 PAGE 3 RE jurisdiction, who shall add the amount of the assessment to the next regular lax bill levied against the parcel for municipal pur- poses, SECTION 910— FILING COPY OF REPORT WITH COUNTY AUDITOR If the county assessor and the counly tax collector assess property and collect taxes for this jurisdiction, a certified copy of the assessment shall be filed with the county auditor on or before Au- foust 1011i. The descriptions of the parcels reported shall be these used for the same parents on the county assessor's nmp books for the current year. SECTION 911 — COLLECTION OF ASSESSMENT: PENALTIES FOR FORECLOSURE The amount of the asses's'ment shall be collcUed at the same tune and in the same manner as ordirmry property taxes are collected 15 GATEMENT OF DANGEROUS BUILDINGS and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes All laws applicable to the Icvy collection and enforcement of property taxes shall be appliuhble to such a S(en,ohent. If the legislative body of this jurisdiction has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as orof only property taxes in successive years. If any installment is de- linquent, the amount thereof is subject to the same penalties and procedure for sate as provided for ordinary property taxes. SECTION 912 — REPAYMENT OF REPAIR AND DEMOLITION FUND All money recovered by payment of [lie charge or assessment or Prom the sale of tine properly at foreclosure sale shall be paid to tire treasurer of lilts jurisdiction, who shall credit the same to the re- pair and demolition fund. EXHIBIT F PAGE S WHATCOM COUNTY HAL H. HART, A.LC.P. PLANNING& DEVELOPMENT SERVICES Director 5280 Northwest Drive Bellingham, WA 98226 ROLAND and Use Di LG, LEG, agar Land Use Division Manager Uniform Code For The Abatement of Dangerous Buildings Chapter 9 — Account of Expense, Filing of Report The attached report is an itemized account of the expenses incurred by Whatcom County in the demolition and removal of a burned mobile home at 4739 Alderson Road, in Blaine, Washington. The "Account of Expense' has been prepared per the Uniform Code for The Abatement of Dangerous Buildings, Section 901. Parcel Number: 400131-2t 1427 Legal Description: BIRCH BAY PARK FIRST ADD LOT 6 BLK 12 -TOG WI VAC SUNSET DR ABTG Title Owner: Ruth H. Toews Mailing Address: 33532 Marshall Road Abbotsford, BC Canada, V2S IK9 The expenses associated with the demolition and removal of the burned mobile home can be found in the attached itemized report. Below is a brief review of the expenses: Labor & Industries Alteration Permit .......... ............................... $80.00 Facilities Management (Staff Tune: 9 hrs @ $35.00 per hour) ..................... $315.00 Jail Alternative Work Crew (Time: 20 hrs @ $33.13 per hour) ... ................. $662.50 County Employees (Total Wages Paid Out for Demolition) .......... _ .......... $1,528.41 Equipment Rental (For Demolition & Removal) . ............................... $850.00 Subtotal ol'Expenses for Demolition and Removal ........................... $3,435.91 Land Use Staff Hours (Preparation, Notification, Meetings, etc.) 29 hrs @ $50.50 per hour ........... _ .... ............................... $1,464.50 Total Amount for the Lien of Assessment ...................... $4,900.41 Report Submitted By: Suzanne Bosnian, Land Use Specialist January 8, 2004 EXHIBIT 11 .Lo„,MMNDLIC..2002Fm002 ow.<- .,uo..,ot�.,,,cd� PAGE Office (360) 676 -6007 County (360) 380 -8110 FAX (360) 738 -2525 WHATCOM COUNTY Facilities Management Finance/Accounting Human Resources ADMINISTRATIVE SERVICES County Residents 3s�; FACILITIES MANAGEMENT Whatcom County Courthouse (360) 676 -6802 (360) 6767684 Lottie Street Annex 311 Grand Avenue, Suite 108 Fax (3601 676 -6789 Fax P60) 738 -4553 316 Lotte Street Bellingham, WA 98225-4083 M (360) 7384555 'esp�N�t° Bellingham, WA 96225 -4010 DDesler @cawhatcom.wa us Facilities ®co.whatmm.wa_ us DEWEY G. DESLER MICHAEL RUSSELL Director Facilities Supervisor RECEIVE:.[) DEC 1 1 2003 MEMO TO: Suzanne Bosnian Whatcorn County PSDS FROM: Michael Russell, Facilities Supervisor DATE: 10 December 2003 RE: 4739 Alderson Road — Trailer Clean up Cost Attached is documentation regarding the trailer clean up cost at 4739 Alderson Road. Please contact me at extension 50575 if you have any questions. EXHIBIT G PAGE 2 Administration Facilities Management Finance/Accounting Human Resources Information Services County Residents (360) 676 -6737 (360) 676 -6746 (3 60) 676 -6734 (360) 676 -6802 (360) 6767684 (360) 398 -1310 Fax (360) 676 -6775 Fax (3601 676 -6789 Fax P60) 738 -4553 Fax (36)) 738 -2521 Fax (360) 676 7727 M (360) 7384555 EXHIBIT G PAGE n 0 n q -n T� 3 � n �w o n� m a N n N � N � N n c+ m m r. r O Z v o v U Q- PJ r� A Ufi EXHIBIT G PAGE 4 EXHIBIT G PAGE 5 §\\\: . \\ \\ n § \} . \) 0\j )p\2\!\222\...... ` EXHIBIT o PAGE Department of Labor &Industries MANUFACTURED/MOBILE HOME Factory Assembled Structures 3 "non - ALTERATION PERMIT s. INSTRUCTIONS:^ Heat Pump PemiuR �y Do ! MH Electrical not y-a 1. Complete all spaces, including the signature box (marked with an X). Heat pump complete Invoice 2. Draw a map on reverse side of WHITE copy only. Furnace Installation (gas or el c 'c) shaded 3. Forward completed permit and fees to the nearest L &I office. See list on reverse. 4. Contact and schedule the Inspection(s) with the same L &I office per the checkllst, mew [ sig l Owner lasoname, her name Day time phone Dam „-s• t =r. 1A ��r- :: - .� Addre ss ......... - -City Sram ZIP _..... Wood Steve(if�.aPPhcable) vl— V Pellet Stove -- s i " 3 -� Inadler/ConOemr/Deatef Phone Contracmes registration number Pellet Stove (if applicable) Gas Room Heater/ Addrtss Cny Sutc- ZIP +d Y NUIV Iti flu �E �1d .� - ?1i�+ %1anty 1t. ,;aT Gas Decorative Appliance (if applicable) Send Numbers) '',, HUD Numbers) Range: chattgi g if electric to gas place fee amount in proper box Place fee amount in proper her Mechanical Heat Pump Electrical _. Air Conditioning Heat pump Furnace Installation (gas or el c 'c) Air Condmonpf a_ "Y' Gas Piping P g Furnace Instalga[i'op �gaspG'gfecmc) $Qri Pm i Wood Stove -- -' i i ,t Wood Steve(if�.aPPhcable) Pellet Stove -- s i " 3 -� Pellet Stove (if applicable) Gas Room Heater/ Gas Room Healer Gas Decorative ApIf iance Gas Decorative Appliance (if applicable) - Range: chattgi g if electric to gas Range: changing from gas to electric Gas Wyier Heat r placement Electric Water Healer replacement Wa[e,�"{fea[er. cha ging from electric to gas Electric Water Heater replacing Gas Water Heater Plum ag Each added or modified circuit f Fire spun system (also requires a plan review) Hot Tub or Spa (power from home electrical panel) add metre Replace main electrical panel Repl e of water piping system Low Voltage Firc/Intmsion Alarm Structural Structural Fire Safety Inspection as pert of a mechanical installation (cut trass/nocr joist, sheet rocking) Miscellaneous Reroofs (may require a plan review) Changes m home when additions bear loads on home per Plan review Original]]] Pe,mn Reinspection - - - - the design of a professional (also requires a plan review) Insignia Other structural changes (may require a plan review) Omer L. Safety Note: This permit expires one year after date of purchase. Work is completed at this time. An inspection is requested. Work is NOT completed at this time, l will call when ready. FEES DUE $ _ (Request approved or Request € Pi lotions must be corrected and reuropectio 9 may result in penalties per chapter 43.22 F Conhnuatioh Form ". 'J Inch dcd arc forms required whiotrmus{ bo compl, Da•e Areagff6vy F622- e96- 00 mfgdlmobi le home alteration pem,ir II-0 5 g ar reof7 "one rep" X ," denied because or specific violation requested within 20 days of the not W.: All violaliuns noted are shit` 4. -A 14 ff •d and fcee eubriuttW before rean'svosrum. White Olympia Canary - Irprv"r Green Contractor EXHIBIT G PAGE ion date. Failure to comply Alteration /Factory Permit flIIII III II�II�IIIIIII 3 ° 00 0305984 /28/200311:04 PM AFF $19.00 DANGEROUS STRUCTURE aes�jast of: wHarcoM C06Nrveam9NNrNaa' ua Parcel 4400131 211427 0000 Title Owner: Leonard A. & Ruth H. Toews Property Description: BIRCH BAY PARK FIRST ADD LOT 6 BLK 12 -TOG WI VAC SUNSET DR ABTG 7 On this day, 4la V' in the year 2003, I J.E. "Sam" Ryan, , Building Official for Whatcom County, certify that on August 15, 200 Ruth H. Toews received an Order to Abate from Planning & Development Services via certified mail. The Order to Abate was regarding the remains of a burned mobile home at the above referenced parcel. the property owner was given 60-days from the date of the order to demolish and remove a burned mobile home from the site. To dale, the mobile home is still on site and the remains of the structure have been found to be dangerous under the provisions of Section 302(12) of the Uniform Code for the Abatement of dangerous Buildings. State of Washington County of Whatcom County I cerdfy that I know or have satisfactory evidence that J.E "Sam" Ryan is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. Dated: March 28, 2003 [� (Signature) mx*0H 7;j My appointment expires 5-1-0(0 Pu6uc EXHIBIT E �v - JUN -8-- 2004 -- - WHATGGM COUNTY - _ - -- - GOUNCIL - - IIIIIIIIIII V II I EOB0005 3:43 2 Bn Wretches county, up Request of: TORONTO DOMINION BANK When recorded return to: Lloyd H. Wilson Barrister & Solicitors 2644 Montrose Avenue Abbotsford, British Columbia Canada V2S 3T6 I_F29tlWM114 QUITCLAIM DEED TIIIs QUITCLAIM DEED. executed this 17th day of March , 2003 b) ti. sl part, Grantor, Lconard A. Toews and Ruth II. Toews whose post office address is 33132 Marshall Road. Abbotsford, Duibsh Columbia, Canada V2S IK9 to second party, Grantee. Ruth H. Toews whose post office address is 13532 Marshall Road, Abbotsford, British Columbia, Canada V2S IK9 WITNESSETH, That ONE - -00 /100 -- paid by the said second party, the in onto the said second party forever following described parcel of land . State of Washington to wit: the said first party, for good consideration and for the som of Dollars ($ 1.00 ) ccipt whereof is hereby acknowledged, does hereby reverse, release and quitclaim all the right, tide, interest and claim which the said first party has in and to the and improvements and appurtenances thereto in the County of Wha t e om , Birch Bay Park First Add 1.0T 6 BLK 12 —TOG WI VAC SUNSET DR ABTG yool3� ez I11{-Z:� D 19,42-1(h) l MaJe E21 PnNoau, Inc. Page I Ron, 10,01 71 is g(ooc1 does not consimmLLNe rendering of legal Wrlm w Simons. Thus product is intended for inor lonul use onlywJ is nor a subaumm for lcgKi Jfl {61(ia`i`cd�YB%6w %VZ1`M'b,Tn ulu v u�:ldCFAAWrS. This An ivas na rcasssnly prepared by u return ban. l to Source law In your state. ZBAZABAK IN WITNESS WHEREOF, The said first party has signed mid sealed these presents the day mid year rust above written. Signed sealed and delivered in presence of � /� 7. / All l :Sigma of Witness Si gnature of First Party Timothy John Hordal Nat Art of Witness Print name of First Party 4.t Montrose Avenue, Abbotsford, Ruth H. Toews Biit. sh Columbia. Canada V2S 3T6 Address of Witness Slim of Washington �SS. Como of On this day personally appeared before me Ruth H. To ew s known to me to be the individuals(s) whose described to the v:iumin instrument and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free mid voluntary act and deed for the uses and purposes therm mentioned. Q A ll l W1 pNESS my hand mid official seal this 17th day of M8r -..ado 03 ec J t" 'mothy Jo h it, .H opci ail As t� Province Jf iti h� Columbia Notary Public in and f r that & Xf% Nmiir lNiF: Residing at: 2644 Montrose Avenue, Abbotsford, British Columbia, Canada V2S 3T6 My appointment expires: N/A Page 3 2030305852 Page 3 or 3 3/27/2003 3Z43 AN DEED 421.00 Whetcom County. OR Request of! TORONTO DOMINION BANK Assc`sor's Properry Tax Parcel /Account Nnmber(s)'. 400131 211427 0000 IN W ITN ESS WHEREOF, The said first parry has signed and scaled these presents the day and year fast above written. Signed, scaled acid Delivered in presence of: tit Signuturc of Wim o Puhlie in and tut the Signature of /Fusty Pparty//f/��— e -e-- -' A Ntary � PrDU nee a�t British Columbia Print re of Witness 1799 -'5801 YM10M u�7� Prim name of First Party ANADA VendY:1996H33 "P3xy11p4L323 -2191 Leonard A. Toews dtlress of Witness State of Washington �SS. County of J V„- On this Joy personally appeared before me Leonard A. Toews ((.� known to me to be the individuals(s) whose de a r Zft e V ' is min instmmcnt and who executed the within and foregoing instrument, and acknowledged that +! = •. U signed the sane as his free and voluntary act and deed, for the uses arml put es m therin mentioned. Z\g WITNESS my hand mid official seal this day of �jG/ rQ1103 (L i Netary Pub to and for the State 1tLllfa' F. HO Reald' tit: A Netery public; in and tar the Province of British Columbia 1409.5801 Victims On" My appointment expires: Vatican"[, B.L. V51i 3415 CANADA Ttd:t92A1323-2991.Fex: 19941" 3'2902 Oggw2 of 3 P.a•: z or 3 PfiIPr7lYi�ci7T CO. "Ft'.SSSi0i1 3/27/2003 3 :43 W1 ZHAZ,ABAK DEED S21.00 4hetcom count Y• aR URuest of: TORONTO DOMINION BANK PFRAHT x Whatcofn County Planning and Development Services 5280 Northwest Dr. Bellingham, WA 98226 (360) 676-6907 fax (360) 738 -2525 DEMOLITION PERMIT APPLICATION FIRE DISTRICT. SCHOOL DISTRICT:- All applicable information must be included. Your application may not be accepted of this form is incomplete. 1.APPLICANT /OWNER: Name 2.PROJECT CONTRACTOR Name 3. PROPERTY I.00ATION(s): a.) Tax Parcel Nulnber(s): b.) Plat, Division c.) Street Address; Access: d.) Additional Loctition(s) information: 9. PROJECT Block Lot (if applicable) a.) REMOVAL OF DEBRIS: _BURN ON SITE _FIRE DEPT _REMOVAL FROM SITE AND BURY _BURY ON SITE _REMOVAL FROM SITE AND RECYCLE (please check one) b.) THIS DEMOLTFION IS: _COMMERCIAL _RESIDENTIAL (please check one) DO NOT WRITE BELOW TIIIS LINE - OFFICIAL USE ONLY I ROITFING RFO'D COMMENTS APPRnVAT II EEPA REVIEW LAED DIRMaMYe [NWAFA ME MAM"11 PERMITS • •BUILDING INSPECTIONS ARE REQUIRED AFTER THE DEMOLITION HAS OCCURRED. INSPECTIONS REQUIRE A 24 HOUR NOTICE. PHONE: 738-2520 124 HRS A DAY). ••DEMOLITION CONDITIONS ARE LOCATED ON THE BACK OF THIS PERMIT APPLICATION. •"DISPOSAL RECEIPT: — YES NO FEES erit Fee [Revinm Fee urn Permit Clanimg Permit - - -- SEPA Permit Fill and Grade Permit -- TOTAL DUE: NAME Of AMICANE MRINn: DATE: 61LNATMEor"Tuc f: DATE: N W MLS Form 25, Vacant land Purchase 3 Sale Revised 03ro3 Pago 1 of 4 1. Dater 2. Buyer: ]. Seller: 4. Property: Tax Parcel Nos.: SM;+�t Address: _ y7 LsOal Description: L�,T ®Dopyright 2003 Northwest Multiple LIWng Service ALL RIGHTS RESERVED VACANT LAND PURCHASE AND SALE AGREEMENT SPECIFIC TERMS 2003 MLS No.: lsrkcr� I Z ,. Pl:rciletie!'rice:--,L-Q)LkNn� V _a rn =.et tiloney: ;To be held by Selling $ $ —. Dufautt-. (check only one) r�Foorfeiture of 0. Title Ins LUance Company- 9. rr /lk c 5. Closing Agent: a qualified closing age 10. Closing Date: ! III Possession Date: on Closing 12. Offer Expiration Date: 22 13. Counteroffer Expiration Date: _ 14. Addenda: Ali - Broker 7 Closing Agent) Money C Seller's Election of Remedies Buyers choice calendar days after Closing V-\_ County) Washington 15. Agency Disclosure: Selling Licensee represents Etiuyer )_l Seller ik3both parties []neither party Listing Agent represents )_j Seller both parties 16. Subdivision: The Property _RJS subdivided must be subdivided on or before -- is not legally required to he subdivided 17. Feasibility Contingency Expiration Date; I—_ days after mutual acceptance Dale Se11Crs Signa%re Dale 9 %p'a`n` Date severs signature Dale AoifpS'' se 's nddreea t':. _ III P� C F 2n U� __ City. sIa10. Lp F3x Fax � Saypreas rFrn it iI, MLS office No. nq otauxer /� MLS Office No. 4in t�l� (F n .� se iPort) ustm a Agent �c G,ay�� 32 -(curs F rX Foote Fan a