[WSBARP] Nuisance orders on residential real property

[scott at scottgthomaslaw.com]

It depends to some extent on the nature of the nuisance, and the
jurisdiction.  When I represent a local government and I have to deal with
these issues, I have two goals: making certain that the nuisance conditions
are eliminated, and making sure that the conditions do not return.  Mental
health issues cause many nuisance issues to develop, and they never get
resolved, or if they do get resolved, the conditions return.  So as a
lawyer, I have to stand in a public meeting in front of a council and
explain why the nuisance property neighbors keep calling and emailing my
clients to complain about the property, why the justice system takes so
long, why the city or town can not just go in with a backhoe and clean the
property up, and on and on.  So one of the tools I stole from another lawyer
to make my life and the life of my clients easier is a nuisance remediation
agreement.  The agreement merely says that the property owner agrees to
clean up the site and meet certain milestones in doing so.  If the property
owner fails to meet the milestones, then I can go into court and obtain an
order that will not be opposed.  I am summarizing here, but you can draft an
agreement that will meet your goals and satisfy the local government.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>;
On Behalf Of Schmidt & Yee
Sent: Wednesday, April 11, 2018 6:57 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Nuisance orders on residential real property

 

You will most likely see a lien come up on the title report for the fine
imposed. Several of the cities record these fines as liens.  If you tell
whoever issued the nuisance that you will get it cut, most that I have
worked with have always waived or removed the fine as soon as it is cut
back.  I have also found them to be generous with time to get it done.  

If you need someone to do the work, I highly recommend Jeff Kirkwood of West
Coast Property Preservation.  He is in Oly, but has gone as far north as
Fife on properties I have been involved with handling.  Phone is
360-591-3538.

 

Pam Yee

Schmidt & Yee, PC

503-642-7641

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Claudia A Gowan
Sent: Tuesday, April 10, 2018 1:24 PM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Cc: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBARP] Nuisance orders on residential real property

 

Colleagues:

 

I am probating an estate holding real property. Two nuisance notices &
orders stating that the owner (deceased) failed to timely abate the
nuisance. Unfortunately, the property has been occupied by a tenant for many
years and the tenant is responsible for causing the issues constituting the
nuisance to arise. Has anyone had experience with this issue, in particular,
how it impacts any sale of the real property?

 

Thank you for your thoughts.

 

Best,

 

Claudia

 

 

Claudia A. Gowan

 

Claudia A. Gowan, PLLC

2101 Fourth Avenue, Suite 1900

Seattle, WA 98121

(206) 443-2733 (T)

(206) 448-1843 (F)

 <mailto:claudia at cagowanlaw.com> claudia at cagowanlaw.com

 

 <http://www.seattletrustsandestates.com/> www.seattletrustsandestates.com

 

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