[WSBARP] Nuisance orders on residential real property

[Paul Neumiller]

Scott, you wrote: " If the property owner fails to meet the milestones, then I can go into court and obtain an order that will not be opposed."  What does the Order say?  That the local government can then "go in with a backhoe and clean the property up, and on and on" (and without liability) or something to that affect?   It's an interesting idea and I wonder if it can be used in a private setting with a homeowners association trying to enforce CC&Rs against an owner who is not in compliance with the CC&Rs.


[cid:image002.jpg at 01D3D175.7FFFB680]



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of scott at scottgthomaslaw.com
Sent: Wednesday, April 11, 2018 8:59 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Nuisance orders on residential real property

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

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