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HomeMy WebLinkAbout1-E - COM2009-00191 activity reportCODE CASE ACTIVITY REPORT COM2009-00191 FOR JEFFERSON COUNTY, WA Address:Closed Date:Compliance AgreementStatus:890 Old Hadlock Rd Port Hadlock, WA 98339 10/24/2012Opened Date:Becca MaurerAssigned ToSolid WasteCase Type: Activity Date Created By Activity Type Activity Name Superior Court issued a Warrant of Abatement to clean-up solid and hazardous waste on property. zzLegacy - Converted ActivityAlison Petty Court Action03/09/2011 Abatement process started. 58 Tons of SW, 685 tires, 77 Tons of scrap metal, and 182 JV removed from property by contractor, Peninsula Recycling. Other ActivityAlison Petty Miscellaneous Activity06/01/2011 Revised Warrant of Abatement was granted by Superior Court to continue clean-up. zzLegacy - Converted ActivityAlison Petty Court Action01/20/2012 Jeff Co Sheriff Office delegated authority to JCPH to abate property. Letter from Sheriff Hernandez dated 03/02/12. Other ActivityAlison Petty Miscellaneous Activity03/02/2012 Abatement complete. Anderson removed 39 JV and recycled 12.55 T of scrap metal. A digital photolog was documented of all approved items left on the property after abatement was complete. Other ActivityAlison Petty Abatement-Clnup Complete 'CLS'03/20/2012 Other ActivityAlison Petty Case Entered "P"10/23/2012 Payment Abatement Lien $16,438.77. Document has been attached to this case file. Other ActivityChristy Fielder Miscellaneous Activity12/09/2013 DO NOT DESTROY FILEChristy Fielder DO NOT DESTROY FILE02/16/2016 JCPH Staff met with prosecuting attorney for Jefferson Co. Discussed possible county actions in response to property owner's needs. EmailDorian Lynae Satterlee Email - Tele. w Other11/30/2016 Mrs. Joan Best came into the health department with information regarding a recent meeting with DCD. She gave JCPH some information regarding the 890 Old Hadlock Property stating that clean-up was unnecessary. This information is false as JCPH, nor Department of Ecology have conducted any post-clean up reviews of the property. This site is still listed on Ecology's list of suspected and confermed contaminates sites. Superior Court case still to be heard on January 27th. EmailRoger Parker Email - Tele. w Other01/19/2017 Superior Court. Order Postponing Hearning on Nuisance Warrent issued. The next court date is September 22, 2017. The defendant has until the first two weeks in September to show that all of the vehicles on the property are operable, e.g. they start, drive forward 5 ft or so, stop, and then reverse and stop. If they are inoperable, then they are considered junk vehicles and will be marked and photographed accordingly. zzLegacy - Converted ActivityRoger Parker Court Action05/26/2017 Meeting with Deputy Prosecutting Attorney. Discussed upcoming site visit and procedure to document vehicles on the property. Referral to Prosecuting AttorneyRoger Parker Coordinating w/Pros Attn.09/06/2017 Page 1 of 4617 Sheridan Street Port Townsend, WA 98368July 14, 2026 CODE CASE ACTIVITY REPORT (COM2009-00191) Activity Date Created By Activity Type Activity Name 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. zzLegacy - Converted ActivityRoger Parker Court Action09/22/2017 Hello, Yesterday I visited the new Tollefson trail in Port Hadlock. I was appalled to see the junk yard boarding the trail. It is a real mess, eyesore, and who knows if there is leakage seeping into the soil and down hill to Chimacum Creek. I can’t believe our county allows this it seems like it is maybe an illegal junkyard and if not they should be required to have it fenced so the public does not have to look at it. Very sad to have such a lovely trail along the stream past a beautiful farm and have to witness the junkyard. Come on Jefferson County lets make our county nice and not have things like this. A concerned county resident. Recieved Friday Oct 20, 2017 Additional ComplaintRoger Parker Additional Complaint10/23/2017 Coordination meeting with Civil Deputy Prosecuting Attorney Philip Hunsucker. Parker Declaration completed for upcoming Superior Court hearing. Referral to Prosecuting AttorneyRoger Parker Coordinating w/Pros Attn.11/14/2017 Superior court appearance. 3 motions filed over the past few months were heard by the visiting court judge. The defence's motion to grandfather the property as a legal non-conforming use was deniged. The defence's motion to exempt from an abatement those vehicles allowed to stay on the property was deniged. and finaly, the Counties' motion to find cause that the property owner is in contempt of the permanent injunction was approved. Next court appearence is January 23rd, 2018 in Superior Court. zzLegacy - Converted ActivityRoger Parker Court Action12/15/2017 Phone conversation with Eric Kingfisher, Jefferson County Land Trust Environmental Director. Discussion about historical and current site contamination and ongoing abatement process. The land trust has some concerns that once the abatement removes the vehicles, that the property owner will not clean up the soil contamination and that it will negativly affect adjacent properties. JCPH Staff explained some of the goals of the abatement and the estimated timeline of events if a warrant of abatement is authorized. E-mail followup. EmailRoger Parker Email - Tele. w Other01/12/2018 Contempt of Court order issued to Mr. Anderson for violating the permanent injunction. Warrant of Abatement order signed by Judge. zzLegacy - Converted ActivityRoger Parker Court Action01/26/2018 Called Property owner and told him that JCPH will be taking photos of this property on Monday, Feb 12th, 2018. He declined the invitation to be present during the site visit. EmailRoger Parker Email - Tele. w Respon. Party02/07/2018 Washington State Court of Appeals, Division 2 response to Mr. Anderson's appeal. Discussed current plans and outlook for Appeals case. Referral to Prosecuting AttorneyRoger Parker Coordinating w/Pros Attn.03/07/2019 Motions filed with State Appellete court. Printed and stored in hard copy file. zzLegacy - Converted ActivityRoger Parker Court Action03/11/2019 Various court appeals and decisions filed. All in Hard Copy file and attached documents to this activity. zzLegacy - Converted ActivityRoger Parker Court Action11/01/2019 Mandate from State court of Appeals. Added to file. zzLegacy - Converted ActivityRoger Parker Court Action02/26/2020 Judgement recorded to property title. Document Received/AttachedRoger Parker Attached Document07/15/2020 Page 2 of 4617 Sheridan Street Port Townsend, WA 98368July 14, 2026 CODE CASE ACTIVITY REPORT (COM2009-00191) Activity Date Created By Activity Type Activity Name Document Received/AttachedBecca Maurer03/05/2024 Issued with NOVC packet via regular and certified mail. Attached to files. Notice of Voluntary Compliance (NOVC) Sent Becca Maurer NOVC packet03/05/2024 Attendees: Mike Anderson (Property Owner) Tami Pokorny Pinky Mingo Becca Maurer Purpose of Meeting: To present Mr. Anderson with a Voluntary Compliance Agreement (VCA), which included a proposed settlement. The VCA was accompanied by a Notice of Violation (NOV) for both 270 Maude and 890 Old Hadlock Rd., citing a Public Nuisance and an Order of Abatement. Key Discussion Points: We informed Mr. Anderson that the County was willing to settle the existing $80,000 lien on his properties and would agree not to initiate penalties if he signed the VCA and met all specified deadlines. The deadlines and compliance requirements were reviewed in detail. Mr. Anderson asked questions, shared concerns, and expressed disagreement regarding certain restrictions—specifically, his belief that he retains the right to operate junk hauling, scrap metal, and wrecking activities on his property despite a judge’s ruling and a permanent injunction prohibiting such uses. We reiterated that the County cannot alter established codes, laws, or regulations, and that compliance is required regardless of business operations. Mr. Anderson maintained that he was “grandfathered in” and therefore exempt from certain junk vehicle limitations. He was advised that the court did not support that position, that he appealed the ruling and lost, and that this decision could not be changed at this stage. 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. In Person MeetingBecca Maurer08/14/2025 Page 3 of 4617 Sheridan Street Port Townsend, WA 98368July 14, 2026 CODE CASE ACTIVITY REPORT (COM2009-00191) Activity Date Created By Activity Type Activity Name On 9/10/ 2025 Tami Pokorny and I met with Mike Anderson to discuss the VCA. Mr. Anderson stated that he would be having surgery and his wife wouldn’t be working and he needed more time on some of the items. I asked about the hazardous waste and Mr. Anderson stated that it was all taken care of; he further stated that he only had hydraulic oil at the Old Hadlock property and that he was using it. I asked if it was product and replied in the affirmative. I asked about the right of way at both properties. Mr. Anderson indicated that vehicles and some appliances were removed. He further explained he’d been dismantling RVs and appliances and had a dumpster there, because it wasn’t cost effective to transport materials unless there was a large load. I asked about the junk vehicles and Mr. Anderson stated that most of the cars were not junk. I stated that I would like to propose something hypothetically so we could all have visual reference on what needed to happen at his site. I stated to Mr. Anderson that hypothetically about 70% of the materials on Maude and 60% on Old Hadlock would need to be removed to be in compliance. I further stated that it appeared that Mr. Anderson was only willing to get rid of about 1% of the materials. I explained that he could sign the VCA but if he continued with the same thinking around the materials, we would probably end up in court again. Tami stated that we needed to have transformational change. I asked Mr. Anderson to focus on ten things he wanted to keep and we could negotiate from there, but stated that we really needed big change and that at present we were very far apart. I asked what was the worse case scenario for him. Mr. Anderson stated that we could take his things. I stated it was not our goal, but that we really needed him to shift his thinking. I explained to Mr. Anderson that from his description it appeared that he was processing scrap metal and that he didn’t have a license. Mr. Anderson stated he didn’t have a scrap metal license and that he HAD a hulk hauler license. I agreed to modify the compliance dates as noted on the last page of the VCA. 6(a) New date 10/3/2025 7(b) New date 2/13/2025 3(b) New date 4/17/2026 We also modified the easement: Eastern boundary of the easement will be shifted west, if necessary, so that it falls just below the break in the slope that defines the west edge of the garden area. In Person MeetingPinky Mingo Meeting to discuss VCA09/11/2025 Conducted a scheduled site inspection with Mike Anderson regarding missed deadlines for removing solid waste and junk vehicles from the right-of-way. Prior to the visit, coordinated with Ryan Lammer (Public Works) to mark and stake the right-of-way boundaries for clarity. At 270 W. Maude, Mr. Anderson stated he was working on cleanup but was limited by being “only one person.” He was reminded that he is responsible for creating the vehicle nuisance and must remove all vehicles within 25 feet from the road centerline as marked. At 890 Old Hadlock, similar conditions were observed on a larger scale. One vehicle had a missing wheel and was propped on a jack stand; 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 Mike said that he would call an O&M inspector for both of his properties. 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. Follow-up inspection scheduled for November 14, 2025. Site VisitBecca Maurer W/ Mr. Anderson and Public Works, Ryan Lammers11/07/2025 Mike Anderson requested an extension due to medical reasons. 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. During today’s inspection, Mike agreed to post signs on the property to discourage illegal dumping by others in the community. Extension IssuedBecca Maurer11/17/2025 Page 4 of 4617 Sheridan Street Port Townsend, WA 98368July 14, 2026