HomeMy WebLinkAbout718 W 6th St - Building 7, CITY OF PO R T ANGELES
F'
W A S H I N G T O N U.S.A.
Community Economic Development Department
I s November 16, 2010
Mr. John Nagy
718 West Sixth Street
Port Angeles, WA 98362
Re: 718 West Sixth Street
Dear Mr. Nagy:
After reviewing your letter of October 19, 2010, and, following the site visit conducted on
November 2, between yourself, Nathan West, and myself, City staff does not see any reason why
the easement entered into in May, 1956, with the neighboring property cannot be formalized under
a boundary line adjustment. Because an easement does not create an ownership situation, it can
often cause a hardship rather than a fix. A boundary line adjustment requires a survey of the newly
k created line and agreement of both parties to the action. Once filed, it formalizes what was
intended by the 1956 easement document without reducing the size of the properties below what
they originally were platted to be. Obviously, this would require Mr. Bondy's approval but is also
in his best interest.
l "4 Y
r F Secondly, we have been working with Mr. Bondy on removal of construction materials from the
.z... right of way where they are currently being stored. It is my understanding from Public Works staff
t who are working with Mr. Bondy, that he is anxious to establish an access point from the alley to
his rear property for proper storage of some items. Having walked the alley area on November 2, I
doubt that such access is in the best interest of anyone given the unstable bank area that is indicated
by the remaining house foundation. However, Mr. Bondy has asked for this consideration and we
will work with him on issues that we are able to address.
a t
y I am including a boundary line adjustment application with this letter for your use. You will need
to (1) seek Mr. Bondy's approval; (2) file the application; and (3) have a surveyor prepare a survey
for filing with the County.
If you have any questions on this process, please don't hesitate to contact this office. We hope this
action brings some closure to your history of property line issues.
Sincerely,
14
Sue Roberds
y Planning Manager
Attachment
cc: Roger Vess, Public Works Engineering
Patrick Bartholick, Code Compliance
Phone: 360 417 4750 Fax: 360- 417 -4711
Website: www.cityofpa.us Email: smartgrowth@cityofpa.us
321 East Fifth Street P.O. Box 1150 Port Angeles, WA 98362 -0217
RECEIVED
OCT 2 5 2090
October 19, 2010
City of Port Angeles
To Whom it May Concern:
My name is John D. Nagy. I'm 67 years old. I reside at 718 West Sixth Street. I built my home in 1993 and have
lived here ever since. I have worked hard over the years to develop a special piece of property. I am currently
considering putting it on the market, and my asking price will ensure that I will deal with a sophisticated buyer.
Before I do so, however, I must resolve a long- standing problem with my neighbor to the immediate east at 708 W 6th,
one Greg Bondy. Since he moved in next door several years ago, he has committed numerous and repeated violations
of city codes and ordinances.
He has unilaterally appropriated city property for his own use; he has destroyed city greenbelt without a permit or
concern for the fragile nature of the ravine. (I want it restored.) He illegally sited his shed. (I want it moved.) He
planted trees on city property with the express intent of blocking my view. (I want them cut down.) There is
irrefutable evidence that he is running a business from city property and a city right -of -way. (I want that corrected.)
He has harassed and attempted to intimidate me, (I have witnesses), but until now I've kept quiet.
Recently he stripped a swath of greenbelt behind my property 6' wide by 30' deep. This made me as angry as I have
been in my adult lifetime. It was the proverbial "last straw." I ask only that the city duly enforce its own codes and
ordinances. But in order to protect my property valuation, I am prepared to get help from elected officials at every
level, the EPA, the VA, the media and the courts. I have made and included with this petition copies of the codes and
ordinances that Mr. Bondy has violated, and highlighted these in yellow for easy reference. When city officials come
out to examine the site, they will see that the claims I make herein are completely justified.
I realize that this petition puts the city in a difficult position. Let me assure you, I don't want to be here, either! But
there's no talking to the man, give him an inch and he'll take a mile; he's done it repeatedly. I mentioned earlier that in
selling my property I will be dealing with sophisticated buyers. One look at my neighbor's property in its current state
and they would reasonably conclude that the city is granting special dispensations to Mr. Bondy which would reduce
my asking price by tens of thousands. of dollars or kill the deal entirely. Given the current real estate climate, that's
unacceptable.
Due to Mr. Bondy's violations of city codes along with his misuse and destruction of city property, the city has
incurred serious potential liability. His willful and illegal behavior brings me here because I have nowhere else to go.
The city's mandate is to enforce its own codes, and I expect the city to do so in an expedient fashion. Since Mr. Bondy
routinely acts with apparent impunity as though he were above the law, this raises a red flag, specifically my concern
that he has some special relationship with the city. Therefore, I must insist that I be kept current and apprised of the
actions and remedies the city intends to take, the fines they intend to levy, the clearing of materials placed on and
restitution of disturbed city greenbelt, and the time period(s) that Mr. Bondy is being given to comply with all of the
above. Let's eliminate even the slightest suspicion of impropriety or collusion right up front.
Put in poker parlance, I'm going "all in" because I have no viable alterimtive. The city must protect its own property
from subsequent liability. The city also has a duty to protect this neighborhood and my property against a man who
has no regard whatsoever for the rights of others and whose behavior has become increasingly reckless and
destructive.
Very truly yo +f s,
1
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Juice 9, 1995
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*Mr John Nagy
71'8 West 6th Street
Port Angeles, WA 98362
RE. Right-of-Way Use Permit
Dear Mr Nagy
On June 28, 1992, a Right -of -Way Use Permit was issued to you for a across the 6/7::
intent of the fence across the alley was to keep this area at the top of the blu ree eiin illegal
dumping of materials over the bluff. The fence had not been constructed, aril_eibors objected to
the placement of the fence across the alley
On April 21, 1995, the City rescinded the permit based on objections by the Neighbors and ;sent you
a letter On April 24, 1995, you appealed our decision and the appeal Was discussed with. you on May
1, 1995 at the City Real Estate Committee meeting. The Committee determined that the-building of
the fence served the public interest by keeping unauthorized dumping into the ravine from occurring.
As we discussed, the Committee would like to see some changes m the.ordinance,.:iowever; these
would be after the fact and would not effect the validity of your permit:
Our letter of April 21, 1995 is hereby voided and your Right -of -Way Use Permit #92 -19 is
reapproved and affirmed. We chose not to require a new permit because the onginal permit
conditions have not changed and, therefore, is still valid,. as• ast ate agr *Wit t� remove the
encroachment (copies attached)
Sincerely,
Ken Ridout
Property Manager
Enclosures
C:IDATA \WP119951NAGY- LTR.KDR
CITY OF PORT ANGELES
321 E. FIFTH P O. BOX 1150 PORT ANGELES, WASHINGTON 98362 3206
PHONE (360) 457 -0411
FAX. (360) 452 -0353
Since
April 21,1995
John Nagy
718 W Sixth Street
Port Angeles, WA 98362
RE Right of Way Use Permit
Dear Mr Nagy
Ridout
puty Director
cc: City Manager, City Attorney
CITY OF PORT ANGELES
321 E. FIFTH P O. BOX 1150
PHONE (360) 457 -0411
0
Thank you for your consideration of this matter If you have any additional comments or
questions, please contact me at (360) 457 -0411, Ext. 122.
PORT ANGELES, WASHINGTON 98362 3206
FAX. (360) 452 -0353
On June 28, 1992, a Right -of -Way Use Permit was issued to you for a fence across the 6/7 alley
The intent of the fence across the alley was to keep this area at the top of the bhlff free from
illegal dumping of materials over the bluff. To date, the fence has not been constructed, and
neighbors have objected to the placement of the fence across the alley
In accordance with the provisions of the Port Angeles Municipal Code, Chapter 1112, Right of-
Way Use, the permit is subject to termination. This termination is also subject to appeal to the
City Council.
PANIC 11.12.150 Permit Terminable at Will Appeals.
A.. Any permit issued pursuant to this Chapter is subject to termination upon
written notification by the City Public Works Department at any time, without cause,
and the permit shall so state on its face.
B Any person who has a permit terminated may appeal such termination to
the City Council by giving written notice of such appeal, within thirteen days of
mailing by certified mail, or ten days by personal delivery of the termination by the
Public Works Department. The City Council shall consider the appeal at its next
possible public meeting after the filing of the notice of appeal, and may uphold or
reverse the termination. (Ord. 2350 1, 7 -23 -85
Please note that if your are going to appeal this termination, it must be done within a specified
time period, as noted above.
kdrpar C :IDATAIWP\1995\NAGY.IWDR
IPLIBLiC yM I
FILES Y
I I
API
RATE NAME CONC.I COPY I
Inc
KEN
GARY
RALPH I
MKE
FETE
FILE:
j
NAME .OF APPLICANT c H i N 1 G DATE t 9?
MAILING ADDRESS OF APPLICANT 18 ea S+ 7 TH t
PHONE NUMBER OF APPLICANT 5 a 7 3
STREET ADDRESS FOR STREET USE L 01 5 Q I o ck 15 9 R EA, R
DESCRIPTION OF THE REQUEST (include drawings for clarity) (If street closure is requested plea e
state name f street and limits of losur requested together with the duration of closure lI2 A S h O
c*K w1 D \ro �osq. ��c� bo -rinU I o f s 5 av Ar fzoSS
171-1- A L-1- t -I 1 tF a).1 0 ro 055 c
EXPLAIN DURATION THAT OBSTRUCTION WILL BE IN PLACE (i e hours of operation) AND HOW IT
WILL BE LIGHTED
EXPLAIN N ESSITY O USE THE PUBLIC STREET, SIDEWALK OR PLANTING TRIP 7 D D h i' VF �t
h s Q r✓1 ��I-t 3�'`^ E G o cx- Y1 1 rr 0 V"' v0 cD Du S (7r
(PL F A- r f R A- ND A rA- C W WI F /U T
HOLD HARMLESS AGREEMENT
In compliance with the Port Angeles Municipal Code, and in consideration of the issuance
by the City of Port Angeles of a Street Use Permit to the undersigned allowing the place-
ment of the above described street use, the undersigned for himself and for his successors
and interest, hereby agrees to save and to defend the City from, and hold the City harmless
against any claims or lawsuits for personal injury or property damage arising out of, or
in any way connected with the above described street use, except for injuries or damages
caused by the sole negligence of the City of Port Angeles or its agents
DATED this l 5r4- day of J u Gk/ 19 9 2
g R p"
smut N
andf swor t before me this
1
N k111:101
SUBS
cr ivA
(This permit, if approved, may be terminated by the City without cause and at any time
Date application received �o
(Office Use Only)
/0,
Z Fee paid 3
Certificate of Insurance provided Agreement to Remove Encroachment
signed and recorded
Copies sent _police r -P-ire Q'Planning -C.) Ad Services
Applicatio approved1enied by Director of Public Works
with conditions S AD 2
COPY TO APPLICANT 0 FIRE C POLICE 0 STREET 0
FILE BY ADDRESS 0 RUP 0
RUP q
L ay of //f ,,7 d 19
,1
TARY PUBLIC
Washington
G•../, ,Y) .1)
in and for 'Erse State of
residing at Port Angeles
4
Receipt
OTHER
0
,J
'r AA. J e),IJ� 1 cam{,
WHEREAS We, the undersigned owners in fee simple of the following
described property Lot 5 Blk 159
do hereby acknowledge that private
constructed in the next
alley right of way described as
1:31K 1D 1
LEGAL DESCRIPTION
DATED this z day of
,TATE OF WASHINGTON
S5
OUNTY OF CLALLAM
GIVEN under my ha
fa., /44 a� a 19
(up
same as aoove
U L
.,irt.Lv rL) L1l N1Vti1 -WAY
1
improvements have been or will be
days within the adjoining public
6/7 alley adjoining lts 5 and 16
NOW, THEREFORE (No signs (Keep out -No Trespassing allowed)
We do hereby agree that said encroaching private improvements
including, but not limited to, Construction of fence across Eastly enc o 6/7
alley, fence to include a 21' anu iu' ydL Lu ❑i.LUW £U. inyu=egress ror it
and associated appurtenances shall be expeditiously demolished, removed,
modified, rebuilt or restored at the undersigned owners expense within
sixty (60) days of receipt of written notice from the City Engineer with
work to be done in accordance with the requirements and conditions deemed
necessary by the City Engineer or his designee at such time as the City
finds that it is necessary to modify the use thereof If the required woT;
is not done in a timely fashion and /or if the work does not meet the
requirements and conditions set forth, the City is authorized to have the
work done and the cost thereof including reasonable overhead and attorneys
fees shall become a civil debt of the property owners and shall be a lien
against the property
The property owners agree to indemnify, hold harmless and defend the City,
its employees, agents and assigns from and against all claims or lawsuits
as alleging injury or damage to persons or property as a result of the
onstruction and location of the private improvements as provided herein
It is agreed that this agreement shall run with the land and shall be
)finding on the undersigned owners, their heirs, devisees, successor: ann
ssigns and all owners now or hereafter of the land described above
19
On this day personally appeared before me -Oh n 4l) v
nd to me known to be the i i/vidual,sr
scribed in and who executed the withir and foregoing instrumen anc
:knowledged that they signer -me as their free and voluntary act anc
?ed, for the uses and pur•��e� �9'-� %i n mentioned
seal this c2 day of
1
Ar
N(?TaR! PUBLIC in ^c for f State
.
CITY OF PORT ANGELES LIGHT DEPARTMENT
321 E. Fifth Street
Port Angeles, WA 98362
(206) 457-0411
PERMIT NO.
C//J h
..s:- 47/93
, /
DATE
ELECTRICAL PERMIT
Site Address:
<f W. (PM
Co f.mMV C/~c:tu.
O{",J{)
o READY FOR
INSPECTION
License Number:
o WILL CALL FOR
INSPECTION
Phone:
Installed By:
Owner/Business:
Phone:
OwnerfBusiness Address:
Sq. Ft.
~SIDENTIAL
D.-GOMMERCIAL
!2f BASEBOARD KW ~
o FURNACE KW _
o FAN/WALL KW _
o HEAT PUMP KW_
o SIGN
o TEMPORARY SERVICE
e-1>ERMANENT SERVICE
Iff'""NEW CONSTRUCTION
o REMODEL
o ADD/ALTER CIRCUITS
o SERVICE UPGRADE/REPAIR
o SPECIAL EQUIPMENT
(LIST BELOW)
o QVERHEAD SERVICE
IW1INDERGROU~ ~flV'CE
VOLTAGE: /,;LO 02 VI
WSINGLE'PHA5E
D THREE PHASE-
SERVICE SIZE c:tfJO AMPS
Details/Description:
;tic<<) #oi[s;. ~ _
.
W.S. No. SERVICE SIZE
CAPACITY:
o O.K. NOT O.K.
ACTION REQUIRED: 0 CHANGE TRANSFORMER
o INSTALL SERVICE POLE
DATE
ENGR.
o CHANGE SERVICE WIRE
o OTHER
o Ditch Inspection O.K.
~,RoUgh-in/cover O.K.
A~ O.K. to connect service
~II' 'tp Final O.K.
Site Address:
7/~
~~
Installer:
uJ
[
.
Notify Port Angeles City Light by Street Address and Permit Numberwhen ready for inspection. Work must not be covered
before inspection and O.K. for covering has been given by the electrical inspector in writing on either the Wiring Report
or on the Building Permit. PHONE 457-0411, EXT. 224.
~ NO OCCUPANCY OR USE ESTABLISHED UNDER THIS PERMIT $ S D ~
.
Electrical Inspector
Permit Fee
WHITE - File by address
YELLOW - file by number
PINK - Top: Eng, Bottom, Customer
GREEN - Top: Meter Dept.. Bottom: City Hall
OLYMPIC PRINTERS INC.
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