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HomeMy WebLinkAbout1 - Staff ReportCode Compliance Staff Report 9/17/2026 CASE: COM2009-00191, COM2006-00025, COM2003-00021, COM2021-00045, COM2009-00191, COM2006-00025, and SOM1978-00104 OWNER NAME: Michael Anderson, Ginalyn P. Anderson SITE ADDRESS: 890 Old Hadlock Rd. Port Hadlock, WA 98339, 270 W. Maude St. Port Hadlock, WA98339 PARCEL #: 901112013, 961807214, 961807215, 961807217, and 961807201 VIOLATION TYPE: PUBLIC NUISANCE, SOLID WASTE, SEPTIC Prepared by: Becca Maurer, Senior Code Compliance Specialist CASE SUMMARY OF 890 OLD HADLOCK RD While under the ownership of Michael D. Anderson, Jefferson County Public Health (JCPH) has created 10 complaint cases for property located at 890 Old Hadlock Rd. Port Hadlock, WA 98339 and the County and current property owner have been in protracted litigation over what vehicles and other personal property were required to be removed. The county filed a summary judgement to declare the property a public nuisance and superior court granted the motion. In 2011 an abatement warrant was granted and a permeant injunction placed on the property. The permanent injunction specifically enjoined Mr. Anderson from crushing or parting out motor vehicles (disassembling or cannibalizing), vehicle hulk, trailer, fifth wheel, boat, or other personal property that did not and/or could not arrive at the property under its own power. The abatement began on June 1, 2011 and 58 tons of solid waste, 685 waste tires, 77 tons of scrap metal were removed by Peninsula recycling. Mr. Anderson abated 182 junk vehicles himself. Total cost billed for abatement was $16,438.77 Mr. Anderson submitted a proposal to Department of Community Development (DCD) to request to permit an Automotive repair and/or Auto Wrecking Yard use in a Rural Residential Zone. This request was denied on August 17, 2011. On April 23, 2012 JCPH received a complaint that Mr. Anderson was towing junk vehicles back onto the property. On June 8th 2012 Michael Anderson was found in Contempt of Court and fined $1,959. The court granted the county’s motion for an amended permanent injunction and entered an order allowing for continued jurisdiction. Superior court also concluded that Mr. Anderson’s property continued to be a public nuisance. Mr. Anderson did not appeal the 2012 amended order granting permanent injunction. JCPH received two more additional complaints and on May 3, 2017 staff conducted a site an inventory of all vehicles on the property. Total number of vehicles was 166 including boats, construction equipment, trailers, mobile trailers, and RV’s. JCPH staff Roger parker prepared a list of junk vehicles for the property and in his declaration stated that Mr. Anderson had brought an addition 90 junk vehicles onto the property since the entry of the 2012 amended permanent injunction. On January 26, Mr. Anderson was held in contempt for violating the permanent injunction and Mr. Anderson appealed the decision. On March 11, 2019 his appeal was denied the order of contempt, the order for the warrant of abatement, the award of fines, and the award of attorney fees and cost were all affirmed by the Washington Court of Appeals. A judgement in the amount of $50,532.68 was filed and recorded and A lien was filed on the property. The public nuisance caused by vehicle and salvage nuisances continues to be ongoing and on October 23, 2023 JCPH Code Compliance Specialist inspected the property from public view and documented nuisances, civil code violations, and violations of the amended permanent injunction. Mr. Anderson has had over 20 years to abate the nuisances at his property at 890 Old Hadlock Rd. and has established a pattern throughout this time of delaying tactics, continuing to ignore health and safety codes, and ignoring zoning at this property. In addition, Mr. Anderson has received assistance from the Jefferson County Natural Resources Program Coordinator and access to state grant funding to address contamination caused by hazardous materials and solid waste on the property. As part of the Voluntary Compliance Agreement (VCA) signed by both property owners on September 10, 2025, the Andersons granted Jefferson County an easement to access the lower wetland for investigation, remediation, and habitat restoration. However, the continued presence of solid waste and nuisance vehicles obstructs County access needed to complete remediation, abatement, and construction of a fence to protect the critical area and support salmon habitat enhancement. The VCA also provided settlement of the lien recorded against the Anderson properties, reflecting the County's longstanding goal of achieving voluntary compliance and correcting the public nuisances rather than collecting monetary penalties. Despite more than 20 years of enforcement efforts, repeated opportunities to comply, and substantial assistance from the County, Mr. Anderson has not corrected the violations at either property. Michael and Ginalyn Anderson were issued a Notice of Noncompliance and Order of Abatement for Public Nuisance on August 5, 2026 because they had signed a Voluntary Compliance Agreement acknowledging the nuisances and code violations at both properties and agreeing to correct them by specific deadlines. Mr. Anderson requested an extension, which was granted subject to the condition that no additional solid waste be brought onto the properties. Despite this condition, additional solid waste was subsequently observed on the properties. Mr. Anderson is appealing against the Notice of Noncompliance based on health-related circumstances. However, the record shows that additional violations and solid waste continued to be added to the properties after the extension was granted. The County also has an established deadline through the Washington State Department of Ecology’s Toxic Cleanup Program. The contamination must be addressed by December 31, 2026, in order to maintain the available cleanup support and funding through the County’s Natural Resources Program. Failure to complete the required work by that deadline may result in the loss of available funding and the opportunity to complete the cleanup with County and state assistance. CASE ACTIVITIES FOR 890 OLD HADLOCK RD. 10/04/2005, CASE ENTERED COM2005-00147- Parcel listed on Washington State Department of Ecology contaminated sites list, FSID 9412888 EXHIBIT A 12/4/2005, CASE ENTERED COM2009-00166- JCPH received an Environmental Reports Tracking System (ERTS) report #551003 EXHIBIT B 3/6/2006, CASE ENTERED, COM2006-00025- JCPH received notice from Department of Ecology (DOE) that samples taken from site exceed Model Toxics Control Act (MTCA) cleanup standards. DOE put on list of "contaminated sites". parcel tag added. 4/14/2006, AGREEMENT, Mr. Anderson signed a Performance Contract with Jefferson County stating that the conditions that constitute a violation exist and the property has been determined to be contaminated. EXHIBIT C 3/12/2007, ABATEMENT, JCPH worked with Ecology to remove large tire piles from the county with a grant. Ecology removed (with Mr. Anderson’s permission) 50.75 tons of tires in October 2007, at no cost to Mr. Anderson, and a cost of over $17,000 to the state. EXHIBIT D 12/28/2007, DOE placed 890 Old Hadlock Rd. on the hazardous site listings. Ecology Ranked the subject property a 1 on a scale of 1-5, 1 being the highest risk relative to other Washington State assessed sites at this time. 10/23/2021, CASE ENTERED, COM2009-00191- JCPH reopened this case to serve as master file for all other cases. See EXHIBIT E for case activity report 2/17/2011, NOTICE, DOL mailed Mr. Anderson a letter notifying him that he was not licensed as a hulk hauler. EXHIBIT F 3/09/2011, COURT ACTION, Superior Court issued a warrant of Abatement to clean-up solid and hazardous waste on property, including all junk vehicles listed on Trooper Chartrand’s declaration of February 14, 2011. EXHIBIT G 6/01/2011, ABATEMENT, Abatement process started. 58 Tons of SW, 685 tires, 77 Tons of scrap metal removed from property by contractor, Peninsula Recycling. In addition, Mr. Anderson removed 182 JV removed from property. EXHIBIT H 8/17/2011, NOTICE, MLA11-00041 The proposal to permit an Automotive Repair and/or Auto Wrecking Yard use in a Rural Residential Zone was denied. EXHIBIT I 4/23/2012, CASE ENTERED, COM2012-00055- JCPH received a complaint that junk vehicles and other equipment were being towed back onto the property. 5/9/2012, COURT ACTION, JCPH filed proof of Contempt of permanent injunction. 6/8/2012, COURT ACTION, COM2012-00055- Mike Anderson found in Contempt of Court and fined $1,959. Documented in case file EXHIBIT J 11/2/2012, COURT ACTION, The Court granted the County’s motion for an amended permanent injunction and entered an order allowing for continuing jurisdiction. The Court also concluded that Mr. Anderson’s property continued to be a public nuisance. Mr. Anderson did not appeal the 2012 amended order granting permanent injunction. EXHIBIT K 10/23/2013, PAYMENT, Abatement Lien $16,438.77. EXHIBIT L 9/17/2014, ADDITIONAL COMPLAINT, JCPH received an additional complaint in regards to the accumulation of junk vehicles. Site visit and photolog confirmed the violations. 5/3/2017, INSPECTION, JCPH staff completed an inventory of all vehicles on the property. Total number of vehicles including boats, construction equipment, trailers, mobile trailers, and RV’s was 166. EXHIBIT M 10/23/2017, ADDITIONAL COMPLAINT, COM2014-00119 JCPH received an additional complaint in regards to accumulation of junk vehicles, hazardous, and solid waste. 9/22/2017, COURT ACTION, Status hearing for 890 Old Hadlock property in accordance with May 26th court order. Scheduling Order issued per Courts' recommendation. Next deadline is October 20, 2017 for the property owner to list those vehicles that are junk vehicles that were brought to the property after the 2012 abatement. 9/13/2017, INSPECTION, JCPH staff inspected the property and determined which vehicles would not pass the “run and drive test” Roger Parker (JCPH staff) prepared a list of junk vehicles on the property. In Roger Parker’s Declaration it was stated that Mr. Anderson brought over 90 junk vehicles onto the property after the entry of the 2012 amended permanent injunction. EXHIBIT N 12/15/2017, COURT ACTION, Superior court appearance. 3 motions filed over the past months were heard by the visiting court judge. The defense’s motion to grandfather the property as a legal non-conforming use was denied. The defense’s motion to exempt from an abatement of those vehicles allowed to stay on the property was denied. and finally, the Counties' motion to find cause that the property owner is in contempt of the permanent injunction was approved. Next court appearance is January 23rd, 2018 in Superior Court. 1/31/2018, COURT ACTION, 2017 Warrant of Abatement for 890 Old Hadlock Road filed. 1/26/2018, COURT ACTION, Contempt of Court order issued to Mr. Anderson for violating permanent injunction. The judgement included an order to pay the county’s attorney’s fees of $9,425 and a fine of $6,000 for contemptuous acts. EXHIBIT O Warrant of Abatement signed by Judge. EXHIBIT P & EXHIBIT Q 3/11/2019, COURT ACTION, Order denying Motions to Public and for Denying Reconsideration EXHIBIT S 05/1/2020, COURT ACTION, In the amount of 50,532.68, including taxable costs and attorney’s fees of $44,532.68 judgement was filed and recorded. Interest began to accrue this same day. EXHIBIT T 10/23/2023, SITE VISIT, JCPH code compliance inspected property from public view. Documented Vehicle Nuisance and Solid waste code violations. EXHIBIT U 3/5/2024, NOTICE, JCPH Code Compliance Maurer issued a Notice of Voluntary Compliance informing the property owner of the civil code violations and nuisances on the property as well as violations of the permanent injunction in place on 890 Old Hadlock Rd. EXHIBIT V 8/14/2025, NOTICE, JCPH hand delivered Notice of Violation and Order of Abatement EXHIBIT W and a Voluntary Compliance Agreement Draft EXHIBIT X 8/14/2025, MEETING, In person Meeting with property owner Michael Anderson, Tami Pokorny, Natural Resources Program Coordinator, Pinky Mingo, Director of Environmental Health and Water Quality, and Becca Maurer, Senior Code Compliance Specialist. The purpose of the meeting was to present the Voluntary Compliance Agreement to Mr. Anderson and go over the agreement collaboratively and answer any questions and negotiate a settlement of the $80,000 lien placed on the property. We emphasized our willingness to work collaboratively to bring the property into compliance. Mr. Anderson was invited to provide any documentation that contradicts the County’s records for review. Outcome: Mr. Anderson appeared open to signing the VCA and continuing to work with the County. He was given 30 days to enter into the agreement before penalties would begin accruing on both properties. 9/10/2025, MEETING, In person Meeting with property owner Michael Anderson, Tami Pokorny, Natural Resources Program Coordinator, and Pinky Mingo, Director of Environmental Health and Water Quality. Through negotiations some modifications were made including pushing deadlines back further and modifications made to the easement agreement. Mr. Anderson signed the Voluntary Compliance Agreement with the new agreed upon terms. In this agreement Mr. Anderson Admits that the conditions described as public nuisances and code violations exist at both of Mr. Andersons properties at 890 Old Hadlock Rd. and 270 W. Maude. EXHIBIT Y 11/7/2025, SITE VISIT, Senior Code Compliance, Maurer conducted a scheduled site inspection with Mr. Anderson and addressed missed deadlines for removing solid waste and junk vehicles specifically from the county right-of-way. Prior to the visit Maurer coordinated with County Roads Area Road Supervisor, Ryan Lammers, to mark and stake the right-of way boundaries for clarity at both 270 W. Maude St. and 890 Old Hadlock Rd. At 890 Old Hadlock Rd, Similar conditions were observed as 270 W. Maude but on a larger scale. One vehicle had a missing wheel and was propped on a jack stand in the right-of-way; Mr. Anderson said it had been that way for months while he tried to contact the owner. He was informed this was unacceptable and that if the vehicle and nuisance were not addressed by next week, it would be tagged and removed by Public Works. There was a large dumpster for scrap that was over-filling and a very large pile of scrap metal in the right-of-way. Both properties had trash service now and Mr. Anderson said that he would call an O&M inspector for both of his properties. EXHIBIT Z 11/7/2025, EXTENSION REQUEST, Mr. Anderson provided a handwritten request for an extension due to an upcoming knee surgery scheduled for the 19th. An extension was granted, with the expectation of significant progress before the next inspection. He was advised that failure to comply could result in a Notice of Noncompliance, ending the current lien settlement ($80,000) and initiating $500 daily penalties on both properties. Mr. Anderson acknowledged and agreed to continue cleanup efforts. EXHIBIT AA 11/17/2025, EXTENTION GRANTED, an extension letter, signed by the Director and outlining new deadlines for both properties, has been added to the file. The extension is contingent on two key conditions: no additional solid waste may be brought onto the property, and all solid waste and vehicles must be kept out of the public right-of-way. EXHIBIT AB Photos were taken to document conditions EXHIBIT AC 12/12/2025, RECORDING, as part of the signed Voluntary Compliance Agreement sign by Mr. Anderson on 9/10/2025 Mitigation easement agreement was signed by both Michael D. Anderson and Ginalyn P. Anderson, the Director of Jefferson County Environmental Health and Water Quality, Pinky Feria Mingo, and Notarized. It was filed the same day with Jefferson County Auditors office. The purpose of the easement is to provide for investigation, remediation, conservation, and salmon enhancement activities. EXHIBIT AD 3/9/2026, SITE VISIT, conducted a site visit to 890 Old Hadlock Rd and 270 W. Maude and new vehicles have been added to the right-of-way in addition to scrap metal left in right-of-way. EXHIBIT AE 4/10/2026, SITE VISIT, conducted a site visit with Natural Resources Program Coordinator Tami Pokorny to mark the beginning of the easement at 890 Old Hadlock Road. Vehicles remain within the right-of-way, although less scrap metal was observed on the property and within the roadway. An RV located within the easement area appeared to be occupied, with electrical service connected. Visual observations and odor suggested human waste may be discharging directly onto the ground. The presence of solid waste and nuisance vehicles continues to obstruct County access needed for remediation, abatement, and construction of a fence barrier to protect the critical area and support salmon habitat enhancement. EXHIBIT AF 5/21/2026, SITE VISIT, conducted a site visit at 890 Old Hadlock Rd. Vehicles remain in Right-of-way with new vehicle nuisances being brought onto the property and into the county right-of-way. Conditions at 270 W. Maude remain the same. There are junk vehicles leaving the property but are being replaced by additional junk vehicles. EXHIBIT AG CASE SUMMARY OF 270 W MAUDE Jefferson County has been addressing code compliance issues associated with Michael Anderson's properties at 270 W. Maude Street and 890 Old Hadlock Road for more than two decades. The first code enforcement case was opened in 2003 after complaints that an automotive repair business was operating in a Rural Residential (RR 1:5) zone. In 2011, the County Administrator denied Mr. Anderson's request to permit an automotive repair and/or auto wrecking yard use at the property. Between 2014 and 2021, Jefferson County received numerous complaints regarding the continued accumulation of junk vehicles, scrap metal, and solid waste, including materials extending into the County right-of-way. Additional complaints reported RV occupancy without sanitary facilities and the disposal of human waste directly onto the property. During this period, Jefferson County Public Health issued Notices of Violation, citations, and conducted multiple site inspections documenting ongoing violations. In 2016, at the request of Mr. Anderson's attorney, the County completed a Unified Development Code Interpretation to determine the extent of any lawful nonconforming uses. The County concluded that while certain automobile repair activities could be considered legally established prior to the adoption of the current zoning code, there was no evidence that auto wrecking, salvage yard operations, scrap metal recycling, used auto parts sales, or custom automobile rebuilding had been lawfully established prior to 1992. The County further determined that required state licenses for these activities either did not exist or were obtained after the applicable zoning regulations took effect. Enforcement continued through citations and litigation. In 2018, Jefferson County Public Health issued an additional citation for ongoing solid waste violations. The citation was upheld in District Court, and Mr. Anderson's subsequent appeal was denied by the Washington State Court of Appeals in 2019. The Superior Court judgment was recorded against the affected parcels in 2020. Subsequent inspections confirmed that the violations remained uncorrected. In 2024, Jefferson County obtained records from the Washington State Department of Licensing confirming that Mr. Anderson's Hulk Hauler endorsement had been terminated in September 2003 and that no active license existed. Business records obtained from the Washington State Department of Revenue identified the business as Michael's Custom Rebuild and Towing. In 2025, Jefferson County initiated settlement negotiations to resolve the long-standing violations. Following multiple meetings, Mr. Anderson entered into a Voluntary Compliance Agreement on September 10, 2025. Through that agreement, he acknowledged that the conditions at both properties constituted public nuisances and code violations, agreed to complete corrective actions according to an established timeline, and negotiated settlement of an approximately $80,000 lien contingent upon successful compliance. Subsequent inspections, however, documented little to no progress. During a November 7, 2025 inspection, County staff observed that violations remained substantially unchanged. Although Mr. Anderson requested and was granted an extension due to a scheduled knee surgery, the extension expressly prohibited bringing additional solid waste onto the properties and required that all vehicles and debris remain outside the public right-of-way. A follow-up inspection on March 9, 2026, documented additional vehicles and scrap metal within the County right-of-way, demonstrating continued noncompliance with the Voluntary Compliance Agreement, the permanent injunction, and prior enforcement actions. Michael and Ginalyn Anderson were issued a Notice of Noncompliance and Order of Abatement for Public Nuisance on August 5, 2026, based on their failure to comply with the Voluntary Compliance Agreement. The agreement acknowledged the nuisances and code violations at both properties and established specific deadlines for correction. Mr. Anderson requested and was granted an extension subject to the condition that no additional solid waste be brought onto the properties. Subsequent observations documented additional solid waste on the properties. Mr. Anderson has appealed the Notice of Noncompliance and identified health-related circumstances as a basis for the appeal. County records also document continued business activity, solid waste within the County right-of-way, and vehicles obstructing access. During a County site visit, the Fire Marshal Phil Cecere on 3/1/2024, he expressed significant concerns regarding the lack of adequate ingress and egress for emergency vehicles serving the Anderson properties and neighboring properties. The County has provided Mr. Anderson with additional time and an opportunity to correct the violations, including an extension specifically conditioned on preventing additional solid waste from being brought onto the properties. Despite that extension, the documented conditions continued and additional solid waste and vehicles were observed. The County's position is that the continued accumulation of solid waste and vehicles, along with the obstruction of the right-of-way and emergency access, demonstrates that the violations have not been corrected and that further enforcement and abatement are necessary. CASE ACTIVITIES OF 270 W MAUDE 04/16/2003, CASE ENTERED COM2003-00021 Auto repair business in Rural Residential 1:5 zone 08/17/2011, DECISION, County Administrator made the decision to not permit Michael Anderson the request to permit an Automotive Repair and/or Auto Wrecking Yard use in a Rural Residential Zone. EXHIBIT AH 9/17/2014, ADDITIONAL COMPLAINT, Accumulation of Junk Vehicles. 2/24/2015, ADDITIONAL COMPLAINT, Accumulation of Junk Vehicles in illegal scrap yard spilling out into County Right-of-Way. 4/24/2015, ADDITIONAL COMPLAINT, Accumulation of Junk Vehicles. 05/13/2015, NOTICE OF VIOLATION, JCPH staff Mailed Notice of Violation in regard to junk vehicles and parts thereof, discarded commodities, and waste tires. 8/27/2015, CITATION ISSUED, A citation was issued for solid waste violations. 4/22/2016, CODE INTERPRITATION, Mr. Anderson’s Attorney, Joan Best, Requested a Unified Development Code Interpretation. The administrator of UDC responded and concluded that: Auto Repair and Autos Towed to Site: The records provided supports the auto repair services as well as the towing of vehicles to the Maude Street location as a natural part of the auto repair service. The receipts reviewed by the County staff indicates the repairs were made to vehicles titled in persons OTHER THAN Mr. Anderson or other family members and thus it will be the repair of vehicles NOT OWNED by Mr. Anderson or other family members that will be considered grandfathered at the SP. and Custom Auto Rebuild: There was no record provided that custom Auto Rebuilding was performed at this site prior to the 1992 zoning code. While the phrase “Custom Rebuild” is found in the title of his business, that is not proof such a business was created or in place at the SP before 1992. and Hulk hauler/metal recycler: Hulk hauling and metal recycling are regulated activities by the State of Washington (RCW 46.55, 46.79) The first record appears in 1996, a hulk hauler license was issued to Mr. Anderson, no license was provided for scrap metal or metal recycling. Neither of these activities were lawfully established for the SP prior to the 1992 zoning code. and Used auto Parts/Parts Salvage Yard/Wrecking Yard: These activities are regulated by the State of Washington (RCW 46.80). No license exists or was provided in the record; therefore, this activity had not lawfully been established at the SP prior to the 1992. EXHIBIT AI 5/17/2017, EMAIL, JCPH Environmental Health Specialist, Roger Parker Discussed with Mr. Anderson the requirements for the vehicles to not be considered "junk". Mr. Anderson argued that he did not have the resources to prove that each vehicle runs as requested, and that if he were to put batteries in each vehicle, they would only be stolen. He agreed to meet with JCPH Staff on May 23rd to demonstrate that the vehicles all run. 7/12/2018, CITATION ISSUED, Environmental Health Specialist, Parker, Issued a citation for violations of Jefferson County Code 8.10.025 8/16/2018, ADDITIONAL COMPLAINT, Junk vehicles on the county right-of-way. Moving vehicles onto the property. People living in RV on the property. 11/02/2018, ADDITIONAL COMPLAINT, reported that there are people living in a travel trailer on the property that are using buckets to dispose of their human wastes, and that that waste is being buried on the property. Concerns that someone may fall into these holes with human waste in them. Travel trailer has no power or water connection. 11/05/2018, COURT ACTION, District court hearing for contested infraction. 11/05/2018, COURT ACTION, IN33317JC found committed, fine in stay until resolution of Appeal in Superior Court. EXHIBIT AJ 1/24/2019, COURT ACTION, Washington State Court of Appeals, Division 2 response to Mr. Anderson's appeal. The appeal was denied. EXHIBIT AK 7/15/2020, RECORDING, Superior Court finding recorded to the property title for all parcels involved. EXHIBIT AL 8/4/2020, SITE VISIT, Site visit by JCPH Environmental Health Specialist confirmed ongoing solid waste violations and junk vehicles in county right-of-way. 9/22/2021, ADDITIONAL COMPLAINT, At least 20 junk vehicles on property. 6/20/2024, PUBLIC RECORDS REQUEST, JCPH requested Washington Department of Licensing (DOL) to provide “Any business licenses, hulk hauler license or endorsement, and any other licenses that have to do with Michael’s custom rebuild or business's affiliated with 270 W MAUDEST PORT HADLOCK 98339 or 890 OLD HADLOCK RD PORTHADLOCK 98339.” DOL responded with, “A Hulk Hauler license endorsement (#0117) was terminated in September 2003; there is currently no active information in our system. Please reach out to DOR for business license information.” EXHIBIT AN 6/20/2024, PUBLIC RECORDS REQUEST, JCPH looked up Michael Anderson’s business located at 270 W. Maude St. on the Washington State Department of Revenue. “Entity name: MICHAELS HULK HAULING, Business name: MICHAEL'S CUSTOM REBUILD AND TOWING” EXHIBIT AO 8/14/2025, MEETING, In person Meeting with property owner Michael Anderson, Tami Pokorny, Natural Resources Program Coordinator, Pinky Mingo, Director of Environmental Health and Water Quality, and Becca Maurer, Senior Code Compliance Specialist. The purpose of the meeting was to present the Voluntary Compliance Agreement to Mr. Anderson and go over the agreement collaboratively and answer any questions and negotiate a settlement of the $80,000 lien placed on the property. We emphasized our willingness to work collaboratively to bring the properties into compliance. Mr. Anderson was invited to provide any documentation that contradicts the County’s records for review. Outcome: Mr. Anderson appeared open to signing the VCA and continuing to work with the County. He was given 30 days to enter into the agreement before penalties would begin accruing on both properties. EXHIBIT AP 9/10/2025, MEETING, In person Meeting with property owner Michael Anderson, Tami Pokorny, Natural Resources Program Coordinator, and Pinky Mingo, Director of Environmental Health and Water Quality. Through negotiations some modifications were made including pushing deadlines back further and modifications made to the easement agreement. Mr. Anderson signed the Voluntary Compliance Agreement with the new agreed upon terms. In this agreement Mr. Anderson Admits that the conditions described as public nuisances and code violations exist at both of Mr. Andersons properties at 890 Old Hadlock Rd. and 270 W. Maude. EXHIBIT Y 11/7/2025, SITE VISIT, Senior Code Compliance, Maurer conducted a scheduled site inspection with Mr. Anderson and addressed missed deadlines for removing solid waste and junk vehicles specifically from the county right-of-way. Prior to the visit Maurer coordinated with County Roads Area Road Supervisor, Ryan Lammers, to mark and stake the right-of way boundaries for clarity at both 270 W. Maude St. and 890 Old Hadlock Rd. At 270 W. Maude. No changes had been made and all nuisances and civil code violations had not been corrected. Mr. Anderson stated that he was working on cleanup but was limited by being “Only one person: He was reminded he is responsible for creating the vehicle nuisance and must remove all vehicles within 25 feet from the road centerline as marked by Area Road Supervisor, Lammers. 11/7/2025, EXTENSION REQUEST, Mr. Anderson provided a handwritten request for an extension due to an upcoming knee surgery scheduled for the 19th. An extension was granted, with the expectation of significant progress before the next inspection. He was advised that failure to comply could result in a Notice of Noncompliance, ending the current lien settlement ($80,000) and initiating $500 daily penalties on both properties. Mr. Anderson acknowledged and agreed to continue cleanup efforts. EXHIBIT AA 11/17/2025, EXTENTION GRANTED, an extension letter, signed by the Director and outlining new deadlines for both properties, has been added to the file. The extension is contingent on two key conditions: no additional solid waste may be brought onto the property, and all solid waste and vehicles must be kept out of the public right-of-way. EXHIBIT AB 3/9/2026, SITE VISIT, conducted a site visit to 890 Old Hadlock Rd and 270 W. Maude and new vehicles have been added to the right-of-way as well as additional scrap metal left in right-of-way. EXHIBIT AQ 8/5/2026, NOTICE, Notice of Noncompliance issued to the property owners for failure to comply with the Voluntary Compliance Agreement signed on August 14, 2025. The notice also included two invoices for $500 per day, to be assessed against the properties for each day the violations remain uncorrected. EXHIBIT AS PROVISIONS OF JEFFERSON COUNTY CODE (JCC) VIOLATED 19.25.010 Vehicle nuisance. (1) Placement of any inoperative, junk or wrecked vehicles, or secondhand vehicle parts on private property, Jefferson County right-of-way, or other property controlled by Jefferson County is a nuisance, as defined under JCC 19.10.015(36), except where storing an inoperative, junk or wrecked vehicle, or secondhand vehicle part is a permitted use under JCC Title 18 and exempt under subsection (2) of this section. 19.10.015 (50) “Salvage nuisance” means the outside accumulation of solid waste or materials that have an adverse impact on public health and safety. 8.10.025 Owner responsibilities for solid waste. 1) General. The owner, operator, or occupant of any premise, business, establishment, or industry shall be responsible for the satisfactory and legal arrangement for the solid waste handling of all solid waste generated or accumulated by them on the property. An owner is not relieved of the duties and obligations imposed by this Chapter because the owner has leased the property or premises to another or permitted others to occupy the premises or operate there. 2) Removal. It shall be the responsibility of the owner, operator or occupant of any premise, business, establishment or industry to remove solid waste from the premises where it was generated to a permitted solid waste handling facility at a frequency that does not create a nuisance or litter problem, or at a frequency otherwise approved by the Health Officer. The Health Officer may require any person who does not store, remove, transport, or dispose of solid waste consistent with these regulations, or who stores solid waste so as to create a nuisance or litter problem, to remove solid waste from the premises where it was generated, or collected, by that person to a permitted solid waste handling facility no less frequently than once per week. 3) Disposal. a) Generally. It shall be the responsibility of the owner, operator or occupant of any premise, business, establishment or industry to dispose of all solid wastes at an appropriate solid waste handling facility permitted to receive such waste, or in a manner consistent with these regulations as approved by the Health Officer. Should a situation arise where disposal of solid waste is not covered under these regulations, the Health Officer shall determine acceptability of a method of disposal for the solid waste on a case-by-case basis. ADDITIONAL CODES RCW 46.55.010(5) a “junk vehicle” is “a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements: (a) Is three years old or older; (b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield, or missing wheels, tires, motor, or transmission; (c) Is apparently inoperable; (d) Has an approximate fair market value equal only to the approximate value of the scrap in it.” STAFF RECOMMENDATIONS If the Hearing Examiner affirms JCPH’s Notice of Noncompliance and Order of Abatement for Public Nuisance, staff recommends that the County proceed with abatement of the violations located within the conservation and salmon enhancement easement. Abatement would include removing solid waste, vehicles, and other materials that obstruct County access and interfere with environmental remediation, conservation, and salmon habitat enhancement activities identified in Evren Northwest Inc.’s Additional Site Investigation with Initial Groundwater Monitoring Report (Exhibit AR). Staff further recommends continuing to assess monetary penalties and recover the County’s authorized costs of abatement pursuant to Title 19. 19.15.010 Notice of voluntary compliance. (2) Failure to Meet Terms of Voluntary Compliance Agreement. (a) Notice of Noncompliance. If the department determines that terms of the voluntary compliance agreement are not completely met, the director may issue a notice of noncompliance. A notice of noncompliance shall include a description of all incomplete or untimely corrective or abatement action required under the voluntary compliance agreement. The notice of noncompliance shall also include the monetary penalty to be imposed based upon the failure to comply with the voluntary compliance agreement. (b) Appeal. Any person responsible may appeal the facts and conclusions described in the notice of noncompliance as provided by JCC § 19.35.015 or § 19.40.015. (c) Abatement, Costs, and Penalties for Noncompliance. If the director issues a notice of noncompliance and the notice of noncompliance is not successfully challenged through appeal as provided by JCC § 19.35.015 or § 19.40.015, then: (i) If applicable, the department may abate the nuisance in accordance with this chapter without the person responsible being issued a notice of violation, stop work order, or notice of violation and order of abatement; (ii) The person responsible shall be assessed a monetary penalty commencing on the date set for correction in the notice of noncompliance and thereafter, in accordance with JCC § 19.20.010 or the penalty provisions of the voluntary compliance agreement, plus all costs incurred by the county to pursue compliance with this chapter and to abate the nuisance in accordance with JCC § 19.20.015 and § 19.30.020. (iii) The person responsible may be subject to other remedies authorized by this title. 19.20.015 Notice of violation and order of abatement. (a) When the director determines that a nuisance, as defined in JCC § 19.10.015(36), has occurred or is occurring and is unable to secure compliance after an attempt for voluntary compliance or a notice of violation under JCC § 19.15.010, the director may issue a notice of violation and order of abatement to the person responsible. The notice and order permits Jefferson County to abate the nuisance, usually by removing or rectifying of the nuisance. Notice of Noncompliance issued for violations of the signed Voluntary Compliance Agreement. This would include beginning max penalties on both properties of $500 per property totally to $1000 a day until certificate of correct is received. Beginning abatement of nuisances from both properties’ removal all Nuisance vehicles, all hazardous waste, and all other solid waste. While continuing to tow vehicles from the right-of-way every time a new vehicle is stored. Permanent Injunction Violations Parting (disassembling or cannibalizing) Motor Vehicles at, upon or within the boundaries of a certain parcel of the real property that he owns within unincorporated Jefferson County, specifically the parcel known as the SP, also known as APS 901-112-013; Processing scrap metal at, upon or within the boundaries of a certain parcel of real property that he owns within unincorporated Jefferson County specifically the parcel known as the SP, also known as APN 901-112-013; and Depositing or leaving at or brining or hauling to the parcel known as APN 901-112-013 any solid waste, including but not limited to junk vehicles, tires, and/or any other personal property which fits within the statutory definition of solid waste. MONETARY PENALTIES APPROVED BY DIRECTOR civil penalty of $500 for the property located at 890 Old Hadlock Road and $500 for the property located at 270 W. Maude Street, for a total initial penalty of $1,000. Pursuant to JCC 19.30.010 and JCC 19.30.020, additional civil penalties may be assessed in the amount of $500 per property, per day, for a total of $1,000 per day, for each day the violations are found to continue. Penalties will continue to accrue until all corrective actions described in the signed Voluntary Compliance Agreement and obtain certificate of correction, issued [PROPOSED] ORDER FINDINGS: The property located at 890 Old Hadlock Rd., Port Hadlock, WA 98339 while under the ownership of Michael D. Anderson has been the subject of longstanding code enforcement by Jefferson County Public Health (JCPH), resulting in ten documented complaints from the public related to vehicle and salvage nuisances. Jefferson County initiated legal action to declare the property a public nuisance. The Superior Court granted summary judgment in favor of the County, and in 2011 issued an abatement warrant and permanent injunction requiring removal of nuisance conditions. The 2011 permanent injunction specifically prohibited Michael D. Anderson from crushing, dismantling, cannibalizing, or storing motor vehicles, vehicle hulks, trailers, fifth wheels, boats, or other personal property that did not arrive on the property under its own power. During the 2011 court-ordered abatement, approximately 58 tons of solid waste, 685 waste tires, and 77 tons of scrap metal were removed by Peninsula Recycling. Mr. Anderson separately removed 182 junk vehicles. The County incurred abatement costs totaling $16,438.77. In 2011, Mr. Anderson applied to the Department of Community Development for approval to operate an automotive repair and/or auto wrecking yard within the Rural Residential zoning district. The application was denied on August 17, 2011. The 2011 permanent injunction specifically prohibited Michael D. Anderson from crushing, dismantling, cannibalizing, or storing motor vehicles, vehicle hulks, trailers, fifth wheels, boats, or other personal property that did not arrive on the property under its own power. During the 2011 court-ordered abatement, approximately 58 tons of solid waste, 685 waste tires, and 77 tons of scrap metal were removed by Peninsula Recycling. Mr. Anderson separately removed 182 junk vehicles. The County incurred abatement costs totaling $16,438.77. Following the 2011 abatement, JCPH received additional complaints alleging that junk vehicles were being returned to the property. On April 23, 2012, a complaint was received reporting that Mr. Anderson was towing junk vehicles back onto the site. On June 8, 2012, the Jefferson County Superior Court found Mr. Anderson in contempt of court for violating the permanent injunction and imposed monetary sanctions totaling $1,959. The Superior Court subsequently granted the County's motion for an amended permanent injunction, retained continuing jurisdiction over the matter, and again determined that the property constituted a public nuisance. Mr. Anderson did not appeal the amended permanent injunction. Following additional complaints, JCPH conducted a site inventory on May 3, 2017, documenting 166 vehicles and related items, including boats, construction equipment, trailers, mobile homes, and recreational vehicles. JCPH staff further determined that approximately 90 additional junk vehicles had been brought onto the property after entry of the 2012 amended permanent injunction. On January 26, 2018, Mr. Anderson was again found in contempt for violating the amended permanent injunction. The Washington Court of Appeals affirmed the contempt order, warrant of abatement, fines, attorney fees, and costs on March 11, 2019. A judgment in the amount of $50,532.68 was entered, recorded, and secured by a lien against the property. Inspections conducted on October 23, 2023, documented that vehicle and salvage nuisances, civil code violations, and violations of the amended permanent injunction continued to exist on the property and remained visible from the public right-of-way. The evidence demonstrates that the public nuisance has remained substantially unabated despite more than two decades of code enforcement, multiple court orders, repeated findings of contempt, and extensive opportunities provided to achieve voluntary compliance. Jefferson County has provided substantial assistance to Mr. Anderson through the Jefferson County Natural Resources Program, including access to state grant funding intended to address hazardous materials contamination and solid waste on the property. As part of the Voluntary Compliance Agreement executed on September 10, 2025, the Andersons granted Jefferson County an easement to access the lower wetland for investigation, remediation, habitat restoration, and related environmental work. The continued accumulation of solid waste and nuisance vehicles has impeded County access necessary to complete remediation activities, nuisance abatement, construction of protective fencing, and salmon habitat enhancement. The Voluntary Compliance Agreement also resolved the previously recorded lien against the Anderson properties, reflecting the County's continued preference for voluntary compliance and correction of public nuisances rather than collection of monetary penalties. Despite repeated enforcement actions, multiple judicial orders, significant public expenditures, technical assistance, environmental restoration funding, and settlement opportunities, Mr. Anderson has failed to bring the property into compliance and has continued to maintain conditions constituting a public nuisance. The property located at 270 W. Maude, WA 98339 while under the ownership of Michael D. Anderson has been the subject of longstanding code enforcement by Jefferson County Public Health (JCPH). Unpermitted Use. The County opened code compliance case COM2003-00021 on April 16, 2003, concerning an automotive repair business operating in a Rural Residential 1:5 zone. Denial of Auto Wrecking Use. On August 17, 2011, the County Administrator denied Michael Anderson’s request to permit an automotive repair and/or auto wrecking yard use in the Rural Residential zone. (Exhibit AH, MLA11-00041.) Continued Junk Vehicle and Solid Waste Violations. Between 2014 and 2021, the County received multiple complaints regarding junk vehicles, scrap metal, solid waste, and vehicles and debris extending into the County right-of-way. The County issued Notices of Violation and citations and conducted inspections documenting continued violations. Nonconforming Use Determination. On April 22, 2016, the County issued a Unified Development Code interpretation determining that certain auto repair activities could continue as a lawful nonconforming use, but that custom auto rebuilding, hulk hauling, metal recycling, used auto parts, salvage, and auto wrecking yard activities had not been lawfully established prior to the applicable zoning regulations. (Exhibit AI.) Continued Enforcement. In 2018, JCPH issued an additional citation for solid waste violations. The citation was contested in District Court and found committed on November 5, 2018. Mr. Anderson appealed, and the Washington State Court of Appeals denied the appeal on January 24, 2019. (Exhibits AJ and AK.) Recorded Court Judgment. On July 13, 2020, the Superior Court finding was recorded against the affected property parcels. (Exhibit AL.) Ongoing Violations. County inspections and complaints continued after the court proceedings. An August 4, 2020 inspection confirmed ongoing solid waste violations and junk vehicles within the County right-of-way, and a September 22, 2021 complaint reported at least 20 junk vehicles on the property. Lack of Required State Licensing. In June 2024, County records requests confirmed that Mr. Anderson’s Hulk Hauler license endorsement was terminated in September 2003 and that no active license was identified. Department of Revenue records identified the business associated with 270 W. Maude Street as Michael’s Custom Rebuild and Towing. (Exhibits AN and AO.) Voluntary Compliance Agreement. On September 10, 2025, Mr. Anderson entered into a Voluntary Compliance Agreement with Jefferson County concerning the properties at 270 W. Maude Street and 890 Old Hadlock Road. The agreement acknowledged that the conditions identified by the County constituted public nuisances and code violations and established corrective actions and deadlines. (Exhibit Y.) Extension Granted. On November 7, 2025, County staff conducted a scheduled inspection and found that the violations at 270 W. Maude Street had not been corrected. Mr. Anderson requested additional time due to upcoming surgery. The County granted an extension, subject to conditions requiring that no additional solid waste be brought onto the property and that solid waste and vehicles remain outside the public right-of-way. (Exhibits AA and AB.) Continued Noncompliance. On March 9, 2026, County staff inspected both properties and observed additional vehicles within the County right-of-way and additional scrap metal within the right-of-way, demonstrating continued noncompliance with the Voluntary Compliance Agreement. (Exhibit AE & AH) Opportunity to Correct Violations. The County has provided Mr. Anderson with multiple opportunities over an extended period to correct the violations, including notices, citations, court proceedings, inspections, meetings, extensions, and a negotiated Voluntary Compliance Agreement. Despite these efforts, the violations have continued. A Notice of Noncompliance and Order of Abatement was issued to the property owners for failure to comply with the Voluntary Compliance Agreement (Exhibit Y) and the extension granted on November 17, 2025 (Exhibit AB). The identified nuisances and civil code violations remain outstanding and continue to constitute a public nuisance. Michael Anderson Appealed with the Notice of Noncompliance and Order of Abatement due to illness. CONCLUSIONS: The record demonstrates a longstanding and continuous pattern of noncompliance at 890 Old Hadlock Rd. and 270 W. Maude Port Hadlock, WA. For more than twenty years, Jefferson County has undertaken progressive enforcement efforts to achieve voluntary compliance, including inspections, notices of violation, court proceedings, abatement actions, financial assistance, environmental restoration support, and negotiated settlement through a Voluntary Compliance Agreement. This settlement, if deadlines and agreements were met, would have released Mr. Anderson from the $80,000 lien placed on both subject properties. Despite these efforts, the public nuisance has persisted at both properties. Mr. Anderson has repeatedly violated court orders, including the permanent and amended permanent injunctions, resulting in multiple findings of contempt, court-ordered abatements, monetary judgments, and appellate review affirming the County's enforcement actions. Subsequent inspections have documented the continued accumulation of nuisance vehicles, salvage materials, and solid waste in violation of applicable health, safety, zoning, and court requirements. The continued presence of these nuisance conditions not only constitutes an ongoing violation of County code and court orders but also interferes with the County's ability to complete environmental remediation and habitat restoration activities authorized under the Voluntary Compliance Agreement. The evidence establishes that voluntary compliance efforts have been exhausted and have not resulted in sustained correction of the violations. Abatement of nuisances and violations of Jefferson County code are in the best interest of the community and the Environment. Accordingly, the record supports the conclusion that the public nuisance remains unabated and that continued enforcement, including any additional legal or administrative remedies authorized by law, is warranted to protect public health, safety, the environment, and the public interest.