HomeMy WebLinkAboutVoluntary Abatement of Public Nuisances, 30125 112th Ave SE Auburn, WA 98092 - Estate of Phllip RittoAGREEMENT REGARDING VOLUNTARY ABATEMENT OF
PUBLIC NUISANCES LOCATED AT 30125 112th Ave SE,
Auburn, WA 98092
This agreement regarding voluntary abatement of public nuisances located at 30125 112th
Ave SE, Auburn, WA 98092, (hereafter, "Agreement") is made and entered into on this 2" d day of
April, 2025 (the Effective Date), by and between the CITY OF AUBURN (hereafter, "City"), a
municipal corporation of the State of Washington, and James Ritto, (hereafter "Ritto"), personal
representative of the Estate of Phillip Ritto, owner of the property located at 30125 112th Ave
SE, Auburn, WA 98092 (hereafter, "Property").
I. RECITALS
1. On April 3, 2024, the City initiated a code enforcement action against Property and
sent a Notice to Correct to Phillip Ritto, then owner of Property.
2. City attempted to achieve voluntary compliance to remove public nuisances located
at Property.
3. Voluntary compliance could not be achieved. City sent notice to Phillip Ritto that the
agreement to use the City's property, located behind Property, was being revoked
thirty (30) days from the date of service.
4. During the thirty (30) day window, Phillip Ritto passed away.
5. Ritto, Phillip's father, has been designated as the personal representative of the
Phillip Ritto's estate under cause number 25-4-00845-0 KNT.
6. Ritto indicated he would be selling Property.
7. Ritto acknowledges there are public nuisances on Property, as defined by Auburn
City Code, Section 8.12.020. Both Ritto and City wish to abate all nuisances before
the sale of Property.
8. City and Ritto agree to the following.
II. ABATEMENT
1. By signing below, Ritto states under penalty of perjury under the laws of the State of
Washington, that he has the authority to make decisions regarding Property,
including but not limited to, encumbering debt.
2. Except for injuries and damages caused by the sole negligence of the City, Ritto will
defend, indemnify, and hold the City and its officers, officials, employees, and
volunteers harmless from any and all claims, injuries, damages, losses, or suits of
every kind, including attorney fees and litigation expenses, arising out of or resulting
VOLUNTARY ABATEMENT AGREEMENT
April 2, 2025
Page 1 of 3
from the acts, errors, or omissions of Ritto made in the performance of this
Agreement.
3. City may enter and remain on Property on or after April 2, 2025 without an
abatement warrant or other court order to inspect the nuisances and discuss with
Ritto the items Ritto wishes to remain on Property post -abatement. (List of items to
remain post -abatement below).
4. City may also enter and remain on Property on 0 ri 81 Dda-,5, to
abate public nuisances. City may do so with an ab tement warrant or other court
order. ) t�
5. On o vr) I �T, all items that are public nuisances on Property,
that are hot inventoried below, will be abated by City.
6. Ritto agrees not to obstruct any City -authorized abatement actions.
7. Ritto will be financially responsible for all abatement costs. The current lien
($22,683.55) attached to Property, represents the costs of the December 17, 2024
abatement of City's property located behind Property ($2,983.551 and the
, fines/penalties for non-compliance ($19,700). Once the �pCil IY, S
abatement occurs, the lien will be reduced to an amount totaling actual costs for the
December 17, 2024 abatement of Cit 's Rroperty located behind Property
($2,983.55), the actual costs for the 2,„ rn /q) ��'S abatement of
Property, and the actual costs for filing and removing two liens, the total of which is
to be determined.
8. Ritto does not object to a lien being placed on Property in the amount of the actual
costs for the December 17, 2024 abatement of City'sr property located behind
Property ($2,983.55), the actual costs for the ✓a r>>
abatement of Property, and the actual costs for fil g and removing two liens, the
total of which is to be determined.
III. ITEMS TO REMAIN
The following items will not be removed from Property /
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VOLUNTARY ABATEMENT AGREEMENT
April 2025
Page 2 of 3
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN
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Nancy Backus, Mayor
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Date
Approved as to Form:
Paul Byrne, De u City Attorney
VOLUNTARY ABATEMENT AGREEMENT
April 2, 2025
Page 3 of 3
PROPERTY
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Ja Ritto "City where signed
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nal Representative of the Estate of Phillip
Ritto
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