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Home My WebLink About1-W - COM2009-00191_04_20250814 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Page 1 of 6 SENT REGULAR AND CERTIFIED MAIL/R.R.R. NOTICE OF VIOLATION (NOV) WITH DAILY PENALTY and ORDER OF ABATEMENT for PUBLIC NUISANCE August 14, 2025 Michael D. and Ginalyn P. Anderson 270 W. Maude Port Hadlock, WA 98339-9618 Case # COM2009-00191, COM2006-00025 Address: 890 Old Hadlock Rd. Port Hadlock, WA, 98339 Parcel #: 901112013 Dear Mr. and Mrs. Anderson: Jefferson County Public Health has determined 890 Old Hadlock contains the following public nuisances as defined in JCC 19.10.015(36): Attractive Nuisance Salvage Nuisance Vehicle Nuisance Civil Code Violation • JCC 19.10.015(36) states: “Nuisance” includes: (a) conditions meeting the definition in RCW 7.48.120, that are public nuisances; and (b) each of the conditions determined to be nuisances pursuant to RCW 36.32.120(10) by the board of county commissioners, namely: (i) abandoned or derelict vessel nuisances; (ii) attractive nuisances; (iii) building nuisances; (iv) burning nuisances; (v) civil code violations; (vi) other nuisances declared by the board of county commissioners or the board of health and which are codified in the JCC; (vii) public right- of-way nuisances; (viii) salvage nuisances; and (ix) vehicle nuisances. • JCC 19.10.020(1) and (2) state: (1) All civil code violations consistent with JCC 19.10.015(14) are hereby determined to be detrimental to the public health, safety, and environment and are hereby declared public nuisances, which may be subject to abatement and recovery of abatement costs pursuant to RCW 36.32.120(10), as now enacted or hereafter amended. (2) All nuisances as defined under JCC 19.10.015(36) are hereby determined to be detrimental to the public health, safety, and environment and are hereby declared public nuisances, which may be subject to abatement and recovery of abatement costs pursuant to RCW 36.32.120(10), as now enacted or hereafter amended. These nuisances are defined in the Jefferson County Code as follows: • JCC 19.10.015(8) “Attractive nuisance” means a condition that is detrimental to minors, whether in or on a building, on the premises of a building, or upon an unoccupied lot, which is left in any place exposed or accessible to children, including, but not limited to, unused or abandoned refrigerators, Always working for a safer and healthier community Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 freezers, or other large appliances or equipment or any parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or building; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; and any lumber, trash, debris or vegetation which may prove a hazard for minors. • JCC 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. • JCC 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. • JCC 19.10.015 (14) “Civil code violation” means and includes: (a) Any act or omission contrary to any ordinance, resolution, regulation, health officer directive , or health officer order of the county that regulates or protects public health, safety, environment, or use and development or land or water, whether or not the ordinance is codified; or, (b) Any act or omission contrary to the conditions of any permit, notice of violation, notice of violation and order of abatement, or stop work order issued pursuant to any ordinance, resolution, regulation, health officer directive, or health officer order. (c) For the avoidance of doubt, a civil code violation exist s whether or not the ordinance, resolution, regulation, health officer directive, or health officer order is codified. Jefferson County Title 8 Health and Safety Code Violations: • JCC 8.10.025 Owner responsibilities for solid waste JCC 8.10.025 (1) and (2) states: (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. Always working for a safer and healthier community Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 • JCC 8.10.305 (6)– Moderate Risk Waste and Used Oil JCC 8.10.305(6)(b) Storage Requirements. states: (i) SQG waste, used oil, and hazardous substances shall be stored in containers which are: (A) Compatible with the waste contained therein; (B) In good condition and without any leaks, corrosion or other signs of deterioration; (C) Securely closed at all times except during the addition or removal of contents; and (ii) Containers of SQG waste, used oil, and hazardous substances shall be stored on an impervious surface and in a location(s) that is covered and controlled to prevent: (A) Container deterioration due to weather exposure; (B) Surface water run-on and run-off; (C) Exposure to extreme temperatures; (D) Unintentional discharge to stormwater, soil, or surface water; and (E) Any other controllable condition, which may cause or increase the possibility of container failure. • 8.15.150 Operation, maintenance and monitoring. 1) Responsibility of Owner(s). The owner of every residence, business, or other place where persons congregate, reside or are employed that is served by an OSS, and each person with access to deposit materials in the OSS shall use, operate, and maintain the system to eliminate the risk to the public associated with improperly treated sewage. Owners’ duties are included, without limitation, in the following list: (a) They shall comply with the conditions stated on the on-site sewage permit. (j) They shall comply with inspection requirements in this section, and JCPH Policy 04-01 as adopted by the board of health as amended or replaced. (n) They should not drive, park or store vehicles or equipment over the drainfield or reserve area. (p) They shall comply with WAC 246-272A-270. Correction Needed to Come into Compliance If you do not correct the identified violations or sign and return a Voluntary Compliance Agreement by September 13, 2025, Jefferson County may abate the nuisance in accordance with JCC 19.10.025. 1. Immediately cease accumulation of solid waste, and discarded commodities on the referenced property. 2. Remove all attractive nuisances from the property including but not limited to white goods such as refrigerators being stored outside, junk vehicles with open trunks, discarded construction material, and piles of lumber on the referenced property. 3. Remove all salvage nuisances from the property. This includes all accumulation of solid waste or materials that have an adverse impact on public health and safety. 4. Remove all nuisance vehicles from the property and out of the county Right-of-way. Submit receipts from a permitted disposal facility, auto-wrecker, or solid waste transporter to JCPH. We cannot close this case without receipts. Always working for a safer and healthier community Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 5. Clean up the hazardous substances that may have spilled onto the ground. 6. Ensure containers of used oil and household hazardous waste are stored in compatible containers in good condition, and are securely closed at all times; and, 7. Ensure containers of used oil and household hazardous waste are stored on an impervious surface and in a location covered to control to prevent container deterioration, surface water run-off/run on; exposure to extreme temperatures, and unintentional discharges to stormwater, soil, or surface water. 8. Remove and dispose of solid waste, including but not limited to: household garbage, broken furniture, carpeting, windows, appliances, recyclables, vehicle tires, scrap, discarded commodities, junk vehicles and parts thereof, etc. Disposal receipts must be provided. 9. Immediately cease driving, parking, or storing equipment over the drainfield. 10. A certified O&M inspector is required to inspect your septic system to ensure there are no deficiencies or violations; and, 11. If violations or deficiencies are found they will need to be corrected. Civil Penalty Per JCC 19.30.010 and JCC 19.30.020, this civil penalty shall be subsequently assessed at $500 per day, each day that the violation(s) is found to continue. A monetary penalty in the amount per day for each civil code or nuisance as specified in 19.30.010 shall be assessed, and all costs associated with the civil code violation or nuisance may be recovered. Violations Daily Penalty Nuisance Violations: JCC 19.10.015 (8) Attractive Nuisance JCC 19.10.015 (50) Salvage Nuisance JCC 19.25.010 Vehicle Nuisance $250.00 ea Civil Code Violations: JCC 8.15.150 (1) Operations, Maintenance, and Monitoring JCC 8.10.025 (3) Owner Responsibilities for Solid Waste JCC 8.10.305 (6) Moderate Risk Waste and Used Oil $250.00 ea Total Penalty $500.00 (Max Daily Penalty) Submit your payment within 30 days to: Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 Voluntary Compliance Agreement You may enter into a voluntary compliance agreement (VCA). A voluntary compliance agreement is a contract between the county and the person responsible under which the person responsibl e agrees to do any combination of abating the civil code violation or nuisance, remediating the site, or mitigating the impacts of the civil code violation or nuisance, within a specified time and according to specified conditions. You have 30 days from the issuance of this notice to correct the above violations or enter into a VCA before daily penalties begin to accrue. Enclosed with this Notice of Violation (NOV) with Daily Penalty and Order of Abatement for Public Nuisance is a proposed VCA. Please consi der signing it immediately. Failure to Always working for a safer and healthier community Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 sign the VCA immediately will result in daily penalties of $1,000 per day. In addition, we intend to begin foreclosure proceedings to collect on the judgment Jefferson County has against the property. Certificate of Correction The per day penalty assessment will continue until JCPH receives the enclosed Certificate of Correction (19.10.065). The Certificate must be signed and dated. Include supporting information that the violation has been corrected such as photographs and signed contracts. Abatement If you fail to correct all violations, the Environmental Health Director may order abatement of the public nuisance by causing necessary corrective action to be taken. Other Costs Per JCC 19.30.020, other costs associated with this public nuisance, including direct and indirect costs, such as attorney’s fees, abatement costs, personnel costs, hearing examiner costs, printing, and mailing costs shall be assessed against you. When these costs are assessed against you, you will receive an invoice along with payment instructions. Collection of Monies Due and Lien Per JCC 19.30.020, all monies due, such as civil penalties, abatement, or other costs, may result in a lien placed against the property described above and sent to a collection agency. Jefferson County reserves the right to use all authorized methods to collect the monies due. Stop Work Order Per JCC 19.20.020, Whenever the director determines that work is a civil code violation, as defined in JCC 19.10.015(14), or is a nuisance, as defined in JCC 19.10.015(36), the director may issue a stop work order. Violation of the Stop Work Order posted will be $500 for the first violation and $1,000 for each subsequent violation. Suspension and Revocation of Permits Per JCC 19.10.080, the Environmental Public Health Director may suspend or revoke any permits (approved or pending) if you fail to remedy the public nuisance(s). How to Appeal this NOV and Order of Abatement You have a right to appeal this NOV and Order of Abatement to the Hearing Examiner per JCC 19.40.015. You must file your notice of appeal and hearing request by August 29, 2025 (15 days of mailing of this NOV) to the department issuing the civil code violation. Your appeal must be in writing and include the specific reasons why Jefferson County Public Health is in error and include the $318.15 Hearing Examiner fee. The hearing shall be conducted within sixty (60) days of the request. You can address your appeal to: Carolyn Gallaway, Clerk of the Board, Office of the Hearing Examiner 1820 Jefferson Street Port Townsend, WA 98368 Always working for a safer and healthier community Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 If you have any questions, please do not hesitate to contact me at the phone/email below. We are here to assist you in any way we can. Sincerely, Becca Maurer Code Compliance Specialist Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 360-379-4467 bmaurer@co.jefferson.wa.us Enclosures: Certificate of Correction Voluntary Compliance Agreement (VCA) Easement for Investigation Remediation – owners copy Easement for Investigation Remediation – sign and return to county Photolog from site visit at 270 W. Maude on March 24, 2025 Photolog from site visit at 890 Old Hadlock Rd. on March 21, 2025 cc: Philip C. Hunsucker, Chief Civil Prosecutor Pinky Feria Mingo, Director, Enviromental Health and Water Quality Carter Erickson, Environmental Health Manager