1985, 12-13 Affidavit, Complaint Inoperable Vehicles1
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SPBKANE COUNTY DISTRICT COURT in and for
THE STATE OF WASHINGTON
SPBKANE COUNTY
vs
NOEL MANN AND LINDA MANN,
husband and wife
STATE OF WASHINGTON
County of Spokane
4
NO. 8515925
AFFIDAVIT
Con
C:1--n71:'heti PIED
c: c 131965 •
Ss
We the undersigned under penalty of perjury, deposes and says:
COUNTY Df
We are neighbors and property owners who live near Noel and Linda Mann. thier address
is 3,2/5- North Park Road, Spokane, Washington 99212.
They are maintaining a junkyard and automobile parts business on the premises.
There are 15 Junked automobiles, boats and othe vehicles in their front yard, side
yards wand back yard; as wellas numerous old engines, axels and transmissions and other
parts . Garbage is strewn on the property also. The appearance of this property is ho rible
The junk and garbage has created a fire and health hazard in the neighborhood. The Ju k
is alsoa dangerous and possibly deadly attractive nuisance relative to children in the
neighborhood.
The owners are in violation of a court order entered in 1974, in which they were ordered
to cleanup and dispose of all junk autos and partson the premises and to maintain a
clean yard.
Our property has suffered because of this unsightly mess. Our property values have
decreased by up to.$5,000.00 and adjoining properties are almost unsaleable.
Mr Mann has been asked by the neighbors to clean up,the mess and he refuses to do s•.
This disaster has caused a decrease inproperty values for blocks around the defendants
home.
We would request that Mr and Mrs Mann be ordered to dispose of all vehicles, parts,
junk, Garbage, etc.,upon the premises; to, clean up the yard; pain ,i .F e; all
W. 430 Indiana Ave.
Spokane, WA 99205
Phone: 326-0973
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within 90 days; and that they be restx
vehicles, parts Junk, boats, etc. upon
We would also request that he shoul
and jail penalties, if he does not cot
he reintroduces garbage, junk auto"s
premises in the future. ' '
SIGNED UNDER PENALTY OF PERJURY on thi
4die-c--
mar\
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V -
lined from placing garbage, vehicles, old
the property in the future
I be held in contempt of court, with monetary
>ly with the courts order herein or if
, old automobiles, parts, etc. upon the
/ / day ofDecember, 1985.
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LAW OFFICES
W. 43U tnnlana Ave.
Spokane, WA 99205
Phone: 326-0973
t
Spokane County
Department of Building & Safety
JAMES L. MANSON, DIRECTOR
INTEROFFICE MEMORANDUM
To Ron Arkills, Deputy Prosecuting Attorney
Fro Tom Davis, Code Compliance Coordinator
Date: November 12, 1985
Re Noel Mann - N. 3215 Park Road
Non -Compliance
On November 7, 1985, I personally conducted a field investigation of
Mr. Mann's property for a determination of compliance.
I found the following to be true:
1. There is open storage of vehicle parts within the front
yard area which is visible from Park Road and adjacent
residences.
2. The rear yard area contains at least nine (9) junk
vehicles and a quantity of vehicle parts, all of which are
visible by properties to the north and west.
3. There is no sight -screened fencing along the north and
west property lines.
4. The fencing extending from Mr. Mann's residence to the
north property line is not of substantial construction.
The fence posts are not anchored in the ground to lend
support to the fence.
These findings are supported by photographs taken at the time of the
field investigation. A photostat copy of these photos is attached.
The originals have been placed in the file and would be made available
to the court.
If you need further information please call
TLD:mas
Attachment
NORTH 811 JEFFERSON
SPOKANE, WASHINGTON 99260.0050
TELEPHONE (509) 456-3675
Spokane County
department of building & safety
JAMES L. MANSON, DIRECTOR
April 29, 1985
Noel Mann
N. 3215 Park Road
Spokane, WA 99206
Dear Mr. Mann:
It has been some time now since we last contacted you regarding
storage of inoperable vehicles and parts on your property, located at
N. 3215 Park, Spokane County, parcel number 01534-0176.
A recent visual inspection by our field inspector indicates no
efforts have been made to comply with Section 4.17.170 of the County
Zoning Ordinance.
As stated in our letter of March 21, 1985, you were given 30 days in
which to either remove all inoperable vehicles and parts from the
property or by screening the vehicles from view. On March 22 you
contacted this office stating that a fence would be constructed
within approximately two weeks.
Due to the length of time this matter has been pending, we are of the
opinion that a period of 10 days, beginning with your receipt of this
letter, should be a sufficient extension of time for you to complete
the process of bringing your property into compliance with the
requirements of the Spokane County Zoning Ordinance. If these
matters are not taken care of within the previously mentioned 10
days, we will be unable to grant any further extensions of time and
will have no choice but to forward this case to the Spokane County
Prosecuting Attorney's Office for appropriate legal action without
further notice. A violation of the Spokane County Zoning Ordinance
is a criminal offense and does carry a penalty of, "... imprisonment
in the County Jail for a maximum term fixed by the court of not more
than ninety (90) days or by a fine in an amount fixed by the court of
not more than one thousand dollars ($1,000), or both such
imprisonment and fine."
NORTH Si; JEFFERSON
SPOKANE, WASHINGTON 9926O.O050 TELEPHONE (509) 456-3675
Noel Mann
April 29, 1985
Second Page
Please be advised that this is not a matter that will go away if
ignored. I am sure it is important to you, as it is to me, that we
resolve this situation quickly.
Sincerely,
DEPARTMENT OF BUILDI AND SAFETY
��
//Li' WI. _ J�'CU.)
Thomas L. Davis
Code Coordinator
TLD/ddl
Affidavit of Mailing on file
AFFIDAVIT OF MAILING
State of Washington )
) ss.
County of Spokane
THOMAS L. DAVIS, Zoning Investigator for the County of Spokane
at the Department of Building and Safety, being first duly sworn on
oath, deposes and says:
That I am a citizen of the United States of America and a
resident of the State of Washington over the age of 18 years.
I personally mailed to Noel Mann at N. 3215 Park Road a notice of
code violation (a copy of which is attached hereto). This NOTICE OF
CODE VIOLATION, with sufficient prepaid postage was mailed on April
29, 1985, from Post Office Branch of the Spokane County Courthouse in
Spokane, Washington.
SUBSCRIBED AND SWORN TO before me this 1`\ day of
, 198c.
Notary Public anY for ,he State
of Washington,iding at Spokane
Spokane County
department of building & safety
JAMES L. MANSON, DIRECTOR
March 21, 1985
Noel Mann
N. 3215 Park Road
Spokane, WA 99206
Dear Mr. Mann:
Laws and regulations in our society are, at times, difficult to
understand and fully comprehend. This is true of zoning ordinances;
which are laws intended to protect and govern the many different uses
of land in Spokane County. It is my responsibility, as the Zoning
Investigator, when the situation arises, to help resolve conflicts
involving the Spokane County Zoning Ordinance.
This office has received reports regarding storage of inoperable
vehicles and/or hulks on your property, located at 3215 N. Park Road
Spokane County, parcel number 01534-0176. This property is zoned
Agricultural Suburban.
A recent visual inspection by our field inspector indicated, we
believe, that these reports are accurate.
Section 4.03.020(32A) of the Spokane County Zoning Ordinance defines
inoperable vehicles as follows:
"Junk or Parts Vehicles" shall mean the remnants or remains of a
motorized or non -motorized device capable of being moved upon a
public highway and in, upon, or by which any person or property
is or may be transported or drawn upon a public highway and which
is inoperative. Such term shall include, but not be limited to
vehicle hulks, trailers, semi -trailers, tractors, motorcycles,
trucks, and buses."
Section 4.17.170 requires that storage of inoperable vehicles or
parts thereof shall be in accordance with the following provisions:
1. No "Junk or Parts Vehicles" may be stored within the front,
flanking street, or side yard setback area; and
2. All "Junk or Parts Vehicles must be completely sight -
screened year-round, from a non -elevated view, by a fence,
hedge, shrubs or (maintained landscaped berm) (natural
landscaped berm).
J
NORTH 811 JEFFERSON
• SPOKANE, WASHINGTON 99260.0050
•
TELEPHONE (509) 456-3675