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HomeMy WebLinkAbout1-G - WARRANT OF ABATEMENT Revised 10 03 11 WARRANT OF ABATEMENT (REVISION #2) Page 1 SCOTT W. ROSEKRANS PROSECUTING ATTORNEY FOR JEFFERSON COUNTY Courthouse -- P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR JEFFERSON COUNTY JEFFERSON COUNTY, a political subdivision of the State of Washington Plaintiff, vs. MICHAEL ANDERSON, Defendant ) ) ) ) ) ) ) ) ) ) ) Case No.: 06-2-00348-8 WARRANT OF ABATEMENT (REVISION #2) THE STATE OF WASHINGTON TO: THE JEFFERSON COUNTY SHERIFF (or his designee): WHEREAS, the Plaintiff has been granted Partial Summary Judgment pursuant to an Order of the Jefferson County Superior Court entered on March 9, 2011, and WHEREAS, the Superior Court in and for Jefferson County has determined that a public nuisance exists at certain real property located in unincorporated Jefferson County at 890 Old Port Hadlock Road, Port Hadlock, WA, real property also known as Assessor’s Parcel Number WARRANT OF ABATEMENT (REVISION #2) Page 2 SCOTT W. ROSEKRANS PROSECUTING ATTORNEY FOR JEFFERSON COUNTY Courthouse -- P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 901-112-013 (hereinafter “the Subject Property” or “the SP” and WHEREAS, the Subject Property is the site of and burdened by accumulated debris, solid waste, leaked petroleum-based products, hazardous substances and hundreds of junk vehicles and WHEREAS, it appears that the Defendants have not remedied the nuisance, and WHEREAS, the Superior Court in and for Jefferson County has issued an Order directing the undersigned to execute a Warrant of Abatement on March 9, 2011; and WHEREAS, there has been, pursuant to the “Warrant of Abatement (Revised)” a large amount of solid waste, including junk vehicles, removed from the SP; and WHEREAS, additional specific steps are needed to further abate and remedy the public nuisance now remaining extant at the SP and said steps should be authorized by a “Warrant of Abatement (Revision #2);” and WHEREAS, the Superior Court has determined that a “Warrant of Abatement (Revision #2)” should issue, NOW THEREFORE, you are commanded forthwith to abate the nuisance that exists at the Subject Property (Assessor’s Parcel Number 901-112-103) in the following manner: 1. To enter upon the SP in order to continue to abate, remove, transport, remedy and cure the above-described public nuisance, including, but not limited to, removing solid waste, which includes, but is not limited to, mattresses, debris, tires, automobile parts, scrap metal, construction debris, large machinery, inoperable boats and vessels, trailers and any other items and to take other reasonable steps not listed here to abate, remove, remedy WARRANT OF ABATEMENT (REVISION #2) Page 3 SCOTT W. ROSEKRANS PROSECUTING ATTORNEY FOR JEFFERSON COUNTY Courthouse -- P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and cure this public nuisance (solid waste) existing at this time at the SP, for example, the removal of said solid waste to an authorized disposal site, transfer station or landfill, the cost of said abatement, removal, remediation and cure of the public nuisance to become a lien against the real property; 2. To enter upon the real property to abate, remove, destroy and lawfully dispose of up to 39 junk vehicles (as listed, in part, on the matrix made Attachment #1 to the September 2011 Declaration of Trooper Chartrand separately submitted to the Court and to be attached hereto) and to take all reasonable steps not listed here to abate, remove, re medy and cure the public nuisance (junk vehicles) existing at this time at the SP, the cost of said abatement, removal, remediation and cure of the public nuisance to become a lien against the real property; 3. The Sheriff is directed to maintain an accurate accounting of the expenses of gathering, transporting and disposing of the vehicles described above which constitute the public nuisance. Said expenses shall be filed with the Court and upon application reduced to a judgment against the Defendant. 4. To leave and post this Warrant at a prominent place or location at or upon the SP, doing so in a weatherproof (generally plastic) container. 5. To read and announce the text of this Warrant of Abatement (Revised) to the Defendant. 6. This Warrant of Abatement (Revised) shall serve in lieu of title(s) for said junk vehicles and the abatement of the public nuisance shall consist of removing, destroying, and disposing of any vehicle or parts thereof and stored at the SP. WARRANT OF ABATEMENT (REVISION #2) Page 4 SCOTT W. ROSEKRANS PROSECUTING ATTORNEY FOR JEFFERSON COUNTY Courthouse -- P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GIVEN UNDER MY HAND and seal of the Jefferson County Superior Court this ____ day of ______________, 2011. RUTH GORDON JEFFERSON COUNTY CLERK