Port Orchard City Council on Monday authorized the city to file litigation against the owners of 1114 Garrison Avenue to address a series of unresolved code violations. The motion — made by Councilmember Diener and seconded by Councilmember Morrissey — passed with council approval. City staff said administrative enforcement had not resolved the matters and staff now seek a judicial order.

City staff presented a brief report recommending litigation. "The staff is recommending the city council authorized litigation, against the property owners of 1114 Garrison Avenue, for pending code violations, and associated penalties," said Ms. Archer, the city attorney’s representative. She told the council code enforcement staff had worked on the case for several years and had been unable to resolve it with available administrative tools, prompting the request for court involvement.

Ms. Archer and other staff described multiple notices of violation issued over roughly five to six years. The reported violations include installation of additional impervious surfaces such as driveways and concrete without permits; construction of a garage structure without permits; illicit discharge; and occupancy without a certificate of occupancy, with no water or sewer service at the property.

Councilmember Rosa Pepe asked for examples to justify the legal step; Ms. Archer replied that the combination and persistence of the violations were the basis for seeking judicial relief. The council voted to authorize filing suit; the mayor called for the ayes and the motion passed.

The council’s action authorizes the city to commence litigation but does not itself state the specific claims or the relief the city will request from the court. Mayor and staff told the council the city has the discretionary authority to commence litigation and that the motion before the council was limited to authorizing that filing. Further procedural steps and any court filings will be made by city attorneys if and when the lawsuit is prepared.

The item was added to the agenda earlier in the evening as a new business item and was discussed and voted on during the council meeting.