[WSBARP] Nuisance orders on residential real property

Wed Apr 11 11:21:28 PDT 2018

My preference is never to have my guys do the work.  You never know what you
are going to find on these properties, and I don't want my folks to bring a
workers comp claim, or have a contractor bring suit.  The preferred option
is to have the court order the work to be done without delay.  Potentially
being held in contempt and doing time in jail tends to focus the mind.  And
I should have mentioned I am typically already in court when the agreement
is entered, although I think you can come up with an enforceable agreement
before a suit has been filed, especially if the client is going to get the
nuisance cleaned up.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Wednesday, April 11, 2018 9:20 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Nuisance orders on residential real property

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.

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
scott at scottgthomaslaw.com <mailto:scott at scottgthomaslaw.com> 
Sent: Wednesday, April 11, 2018 8:59 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

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)

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

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