By Douglas Buell
dbuell@arlingtontimes.com
ARLINGTON – The City Attorney now has the remedy of “last resort” to file a lawsuit to compel a homeowner to clean up his debris and vehicle-riddled property that has been an eyesore to neighbors in their Smokey Point neighborhood.
The lawsuit authorized by the City Council is the city’s latest attempt to deal with property owner Patrick Fralick, whose home at 3728 176th Place NE is in violation of several code violations.
Fralick’s property has been a regular source of neighborhood complaints since 2013, when the city’s Code Enforcement Office, as part of its standard code enforcement complaint process, issued a Notice of Violation that March.
A second notice was filed in 2015, followed by another revised notice sent last August to clean up the property or face legal action, City Attorney Steve Peiffle said.
“The city has tried to work with the property owner,” he said, “But there has been no meaningful activity in response.”
Passersby see a property packed with vehicles – some drivable, some inoperable, some junk – parked in the front and side yard; a boat and two trailers in the front; a recreational vehicle in disrepair stored in front; and scattered boxes, crates, packing cases, old wood, junk and debris also visible from 176th Place.
If the city sees no attempt on Fralick’s part to comply, the lawsuit could result in fines from $100 for each violation the first day, and as high as $500 per violation each additional day beyond four days.. In addition, the city could obtain a warrant through Snohomish County Superior Court to access the property and abate the unlawful conditions. Cleanup costs and expenses would also be levied against the property owner.
“But that is our last resort,” Peiffle said.
Other than a couple of previous similar code violations in years past, recalled Peiffle, none have reached the scale of this nuisance. In each of the other instances, property owners took the steps to comply voluntarily.
In order to remedy the violations, the city at a minimum is asking Fralick to store vehicles in the driveway only, remove junk or non-running vehicles from the property, and either store boats and trailers in the back yard or remove them. Garbage, debris, recycled materials and vehicle parts must also be cleaned up.
In code violation and public nuisance cases such as this, the city’s Code Enforcement Office always prefers voluntary compliance to resolve the complaint, and is willing to work with property owners to take care of smaller issues before they become bigger ones.
When compliance is ignored and communication with the violator is ineffective, Arlington has a multi-step hearing and appeals process to afford property owners due process, officials say.
Code enforcement is intended to protect the public’s health, safety, quality of life and the appearance of neighborhoods in Arlington.
The first step to report a complaint and initiate code enforcement services is to complete a Service Request Form available on the city website at arlingtonwa.gov. For details, contact the office at 360-403-3551 or email codeenforcement@arlingtonwa.gov.
