10 an 12 13 4 1s 16 a7 18 19 20 21 22 23 24 25 26 27 28 copy Original Filed APR 20 2017 Timothy W. Fitzgerald ‘SPOKANE COUNTY CLERK SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF SPOKANE CITY OF SPOKANE, a municipal corporation, | V7 201476-6 Plaintiff, COMPLAINT FOR ABATEMENT OF Ms A PUBLIC NUISANCE AND INJUNCTIVE RELIEF - DRUG AND LIDIA ARICH, individually and as Trustee of | CHRONIC NUISANCE THE LYDIA ARICH FAMILY TRUST, property owners of 548 E. Central, Spokane, Washington; JOHN KOVTUSCHENKO, party in possession of 548 E. Central, Spokane Washington; and DIANE D. HAGGLUND, a-lien holder; Defendants COMES NOW the Plaintiff, the City of Spokane, by and through its attorney, Matthew M. Folsom, Assistant City Attorney, and complains and alleges as follows: |. STATEMENT OF THE CASE. 4.4. The real property located at 548 E. Central, in the City and County of Spokane is a chronic nuisance property pursuant to Chapter 10.08A of the Spokane “COMPLAINT FOR ABATEMENT OF A PUBLIC ‘Michael Picea, inet Cty Dhetrey NUISANCE AND INJUNCTIVE RELIEF — DRUG OFFICE OF Te Coulng AND CHRONIC NUISANCE - 4 Spokane, WA 89201-3328 (600) 625-6225 FAX (509) 625-627710 an 12 13 1a 15 16 a7 18 a9 20 2a 22 23 24 25 26 27 28 Municipal Code and a drug nuisance property pursuant to Chapter 7.43 of the Revised Code of Washington. 4.2 The ongoing illegal drug and criminal activity continues to have @ tremendous negative impact upon the quality of life, safety and health of the surrounding neighborhood and community. 1.3. The City of Spokane seeks relief through the only available remedy. immediate abatement of this public nuisance property. I, PARTIES. 2.4. The Plaintiff, City of Spokane, is a municipal corporation, organized and existing under the laws of the State of Washington, and authorized under Article XI, Section 11, of the Washington State Constitution to make and enforce police, sanitary and other regulations. 2.2. The drug and chronic nuisance violations alleged in this complaint have been, and are being, committed upon private property in the City and County of Spokane located at 548 E. Central, Spokane Washington. Said property is identified as tax parcel number PARCEL #36322.1703 and is legally described as Lot 3, Block 1, Guthries Second Addition, According to Plat Recorded in Volume 1 of Plats, Page(s) 35, in Spokane County, Washington. 2.3. The Defendant, LIDIA ARICH, individually and as Trustee of THE LYDIA ARICH FAMILY TRUST, is, and all times material herein has been, the property owner of the real property located at 548 E. Central, Spokane, Washington. COMPLAINT FOR ABATEMENT OF A PUBLIC ‘Michael 4 Piccola term Gy Biolney NUISANCE AND INJUNCTIVE RELIEF — DRUG OFFICE OF TM couldne [AND CHRONIC NUISANCE - 2 Sporane, WA 86201-3328, (500) 6256225 FAX (509) 625627710 an 12 13 14 15 16 a7 18 1s 20 2a 22 23 24 25 26 27 28 2.4. The Defendant, JOHN KOVTUSCHENKO, is in possession of 548 E. Central, Spokane Washington and the son of Defendant Lidia Arich 2.5. The Defendant Diane D. Hagglund is a lien holder in the property. Ill, LEGAL AUTHORITY. 3.1. Municipalities have the authority to declare and abate nuisances; and, the right of summary action (immediate action) exists in common law under the police power. 3.2 This action is brought pursuant to: Article IV, Section 6, of the Washington State Constitution (giving original jurisdiction to the Superior Courts over “actions to prevent or abate a nuisance"); Article XI, Section 11, of the Washington State Constitution (stating any city ‘may make and enforce...sanitary and other regulations as are not in conflict with general laws’); Chapter 35.22.280 of the Revised Code of Washington (authorizing the City of Spokane “to provide for the prevention and abatement of nuisances...and to make...regulations as may be necessary for the preservation of the public health..."); Chapter 7.48.020 and 7.40 of ithe Revised Code of Washington (authorizing injunctive relief); Chapter 7.48.030, 250, .260, and .280 of the Revised Code of Washington (providing for a warrant of abatement and for a judgment for abatement costs at the expense of the defendants); Chapter 35.80.010 and .030 of the Revised Code of Washington (permitting the cost of vacating and closing conditions which are inimical to the health ‘and welfare of the City to be assessed and entered upon the tax rolls against the real COMPLAINT FOR ABATEMENT OF A PUBLIC Tichaal J Picco, tein Cty Atorney NUISANCE AND INJUNCTIVE RELIEF — DRUG amare AND CHRONIC NUISANCE - 3 ‘Spokane, WA 99201-3328 (508) 625-6225 AX (508) 625-627710 an 12 13 14 15 16 7 18 19 20 au 22 23 24 25 26 27 28 property); Chapter 7.43 of the Revised Code of Washington (relating to an abatement of a drug nuisance); and, Chapter 10.08A of the Spokane Municipal Code (relating to the abatement of a chronic nuisance property). 3.3. Achronic nufsance property, as defined by SMC 10.08A.020.D.1, is a property on which nuisance activity is observed on three or more occasions during any sixty-day period or on which nuisance activity is observed on seven or more occasions during any twelve-month period ‘SMC 10.08A.020.D. 3.4. Nuisance activity includes “any civil code violation” as well as “any criminal conduct” having a nexus to the property. See SMC 10.08A.020.H. 3.5. Drug Nuisanee is defined in Chapter 7.43.010(1) of the Revised Code of Washington: Every building or unit within a building used for the purpose of unlawfully manufacturing, delivering, selling, storing, or giving away any controlled substance as defined in chapter 69.50 RCW, legend drug as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW, and every building or unit within a building wherein or upon which such acts take place, is a nuisance which shall be enjoined, abated, and prevented, whether itis a public or private nuisance. Evidence of a drug nuisance property may include: [sJearch warrants served on the property where controlled substances were seized; investigative purchases of controlled substances on or near the property by law enforcement or their agents: arrests of persons who frequent the property for violation of controlled substances laws; increased volume of traffic associated with the property; and the number of complaints made to law enforcement of illegal activity associated with the property. Chapter 7.43.020 RCW. COMPLAINT FOR ABATEMENT OF A PUBLIC ‘Michal J PiecoTo, tori City Aomey NUISANCE AND INJUNCTIVE RELIEF - DRUG OTE OF A caleuicing. AND CHRONIC NUISANCE - 4 Spokane, WA 85201 (ove) 025-6225 FAX (509) 625-627710 at 12 33 14 15 16 a7 18 19 20 2a 22 23 24 25 26 27 28 3.6. Burden of Proof, The City of Spokane has the initial burden to prove, by a preponderance of the evidence, that 548 E. Central is a chronic nuisance under ‘SMC 10.08A and/or drug nuisance under RCW 7.43. 3.7. No bond or security is required of the City of Spokane for this action. CR 65(c) and RCW 4.92.080 IV. FACTUAL ANALYSIS. 41, The affidavits of Neighborhood Conditions Officer Keith Cler, Carlene Bichelmeyer, Vera Dodson, Peggy Gretsch, Megan Howe, Virginia Langley, Gerald Lawless, Leann Lawless, Kaitlyn Perin, Shirley Perin, Cheryl Wernecke and Julie Wolbert, document drug activity, prostitution, vandalism and property damage, litter and rubbish, trafficking in stolen property, noise, and threats to health, and present substantial evidence to support the argument that 548 E. Central continues to be a chronic nuisance property (SMC 10.08A) and a drug nuisance property (RCW 7.43) Said affidavits are filed herewith and incorporated herein as if fully set forth. 4.2. 548 E. Central continues to create a substantial financial burden and pose a significant strain on limited city services and resources. The Spokane Police Department has received 151 calls for service to 548 E. Central between January 07, 2016 and April 12, 2017. Aff. NRO Cler at Exhibit 1. 4.3, 548 E. Central continues to interfere with other's use and enjoyment of their lands. COMPLAINT FOR ABATEMENT OF APUBLIC ——_‘MRasl J Pate, rin Cy Alcrey NUISANCE AND INJUNCTIVE RELIEF - DRUG OF cor muni Bulaing AND CHRONIC NUISANCE - 5 ‘spokane WA 9920-3328 (at eos 225 FAX (509) 625-627710 an 12 13 1a a5 16 a7 18 ag 20 2a 22 23 24 25 26 27 28 Countless times I've seen young men coming in and out of the nuisance house who act like they've OD'd on drugs. Some lay on the parking strip in front of John's house screaming, cursing, going through bodily contortions. Within past month, saw one walking westbound on Central (from Cincinnati or Nevada way) straight past my house cursing and using profanities, throwing punches at the air and talking in loud angry voice. Watched him go into front door of John's without knocking. Aff. Megan Howe. 4.4, Chronic Nuisance Notice. On February 18, 2016, incident no. 2016- 00089034, NRO Cler served Lidia Arich with a Notice of Chronic Nuisance Property. This notice states: ‘THE FOLLOWING PROPERTY IS IN DANGER OF BEING DECLARED A CHRONIC NUISANCE PROPERTY UNDER SMC. 10.08A 548 E. Central ... failure to abate the conditions giving rise {0 this notice may subject this property to further legal action such as closure of the property. You may also be subject to civil penalties that may include up to $100.00 per day from the date of this notice. See Aft, NRO Cler at Exhibit 3. 4.5. Despite this clear warning the drug and nuisance activity continued and is ongoing 4.6. Opportunity to Abate. On March 01, 2016, incident no. 2016- (00059034, both Lidia Arich and John Kovtuchenko voluntarily entered into a Nuisance Property Abatement Plan whereby they agreed to: Immediately remove...any and all individuals associated with criminal activity and/or drug activity....immediately cease any and all criminal activity occurring at or associated with your home at 548 E. Central....not allow anyone associated with criminal activity live or COMPLAINT FOR ABATEMENT OF A PUBLIC ‘Wiehe lest intern Gy toney NUISANCE AND INJUNCTIVE RELIEF ~ DRUG OE cor Muniipa Butaing AND CHRONIC NUISANCE - 6 ‘Spokane, WA 88201-3528 (609) 625-6225 FAX (509) 625-627710 an 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 stay in 548 E. Central....If John does not abide by the above you will evict John and all occupants from 548 E. Central. See Aff, NRO Cler at Exhibit 4 4.7. Lidia Arich and John Kovtuschenko received notice that their property |was in danger of being declared a chronic drug nuisance. They were given an opportunity to voluntarily abate this nuisance activity. Lidia Arich and John Kovtuschenko have failed to voluntarily abate the criminal and drug nuisance activity at 548 E. Central. 48. Drug Activity. 548 E. Central is being used to deliver, sell, store, or give away controlled substances. John Koviuschenko, the party in possession of 548 E, Central, admitted as recently as February that he is using methamphetamine and that one of his tenants might be selling methamphetamine out of the basement. Aff. NRO Strosabl. “[MJore than anything, it is the flow of druggies up and down the street and alleys at any time of day or night that frightens me...548 E. Central...seems like a flop house... think they are using and purchasing drugs.” Aff. Cariene Bichelmeyer. Within two months of moving in “a young man....from 548 E. Central...offered to give me drugs.” Aff, Megan Howe. People from 548 have come up to our house and tried to sell us drugs. | know they are drug dealing because it is a revolving door with people with backpacks staying 5-10 min at the house... The people coming and going act tweaky, look homeless, have bizzare behavior, many yelling and screaming at nothing while walking up and down the middle of the street. Even when the kids are walking home. Aff. Leann Lawless. ichael J, Piccolo, Inirim City Attorney COMPLAINT FOR ABATEMENT OF A PUBLIC Wickes! Ferole nan Cy orev NUISANCE AND INJUNCTIVE RELIEF - DRUG ‘5° Floor Municipal Building AND CHRONIC NUISANCE - 7 ‘Spokane, WA 99201-3926 (509) 625-6225 FAK (509) 625-627710 an 12 13 14 15 1s a7 18 1s 20 22 22 23 24 25 26 27 28 4. Prostitution. 548 E. Central is place used for prostitution. One evening a neighbor was working in their yard in the early evening and observed a truck drive into the alley behind 548 E. Central and “a frequent female visitor to house had brought her ‘trick’ to the alley area behind house and visibly you could see she had no upper body clothes on and she was earning her drug money...this is when kids playing outside...” Aff. Cheryl Wernecke 4.40. Vandalism and Property Damage. Residents, tenants and guests of 548 E. Central are vandalizing and damaging the surrounding neighborhood's property. One neighbor's “fence was cut so the thieves could [gain] access..." Aff Carlene Bichelmeyer. Another had “graffiti painted on my garage." Aff. Peggy Gretsch. This costly destruction has gone on for years, “{w]e saw two men...John and Alex use their vans to ram one another until they hit my fence so far it wouldn't go any further back. | was probably 8 then....” Aft Kaitlyn Perin. After hearing that her next door neighbor had her window broken and was burglarized, one neighbor “paid to have iron bars installed on all windows of my house and garage. | had to do this just to feel secure in my own home.” Aff. Megan Howe. “We just keep losing property... They scare me because | don't know what will happen if they get mad. I'm afraid they could burn my house down. | feel up against a comer.” Aff. Leann Lawless, 4.11. Litter and Rubbish. 548 E. Central is a constant source of litter and rubbish for the neighborhood and has been cited for code violations over fourteen COMPLAINT FOR ABATEMENT OF A PUBLIC‘ Mrhasl J Pcrate, Inte Cy Morey NUISANCE AND INJUNCTIVE RELIEF - DRUG ofp oor unica Cuda AND CHRONIC NUISANCE - 8 ‘spokane, WA. 9820-2926 (508) 625-6225 FAX (509) 625-62710 un a2 13 14 a5 16 17 18 19 20 21 22 23 24 25 26 27 28 times in the past two years. The “[bluilding is substandard. Boards on windows. Front window taped up. Trash presently is worst have ever seen. Health hazard surprised we have not all seen rats.” Aff. Cheryl Wernecke. “[T]he garbage and trash has inoreased...." Aff. Carlene Bichelmeyer. “I've lived here for 30 years. The house at 548 has gotten so terrible and I feel bad because I've invested a lifetime of time and money in my home and 48 makes the whole neighborhood go downhill.” Aff Gerald Lawless. 4.12. Trafficking in Stolen Property. 548 E. Central is being used to sell, transfer, distribute, dispense or otherwise dispose of stolen property. “[O}ver the years I've had items taken from my front and side yard to the west that borders the alley from north to south. All of which | attribute to the activity at §48 E. Central.” Aff Virginia Langley. “My purse was stolen out of my house, the person reached in thru my doggie door...| know that [John and] all these low life people [are]...the reason {for my misfortunes!” Aff. Julie Wolbert. I've had several sets of tires stolen along with batteries, bikes, gas, gas cans, tools, tool boxes, jacks, on and on...It's gotten to the point if we're not getting ripped off, the neighbors are. If something isn’t getting stolen from my house, i's getting stolen from the neighbors Aff. Gerald Lawless. I've sat many, many times late at night and...seen countless individuals dressed in dark clothing in hoodies on bicycles, some bikes even equipped with trailers, marauding up and down Central and Standard and always coming or going from the nuisance house. COMPLAINT FOR ABATEMENT OF APUBLIC ‘Wha! J Perle term Gy tones NUISANCE AND INJUNCTIVE RELIEF ~ DRUG OE cor Muniipa Building AND CHRONIC NUISANCE - 9 ‘spokane, Wa 90204-2926 6256225 FAX (509) 625-627710 an 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 feel like they are looking for anything to steal....so they can acquire more money to buy drugs. Aff. Megan Howe. 4.13. Noise. The residents, tenants and guests of 548 E. Central routinely generates excessive or unusually loud sound that unreasonably annoys, disturbs, interferes with, injures or endangers the peace, comfort, health, repose or safety of neighbors. One neighbor describes “[nJumerous times woken up [and my husband] during night with people yelling and screaming all related to 548 E. Central.” Aft. Cheryl Wernecke. "We never sleep well due to the same concems. We jump every time the dog barks and look out the window to see if we can see anything.” Aff. Vera Dodson. “I was always afraid of my safety living there and now am of my mothers. She texts me during the middle of the night when she can't sleep because she’s been awoken.” Aff. Kaitlyn Perin, 4.14. Health Hazard — human waste and hypodermic needles. The chronic criminal and drug activity occurring in and around 548 E. Central is creating a health hazard for this community. “I have had several trailers and motorhomes brought onto property and people lived in these summer and winter for months at a time. Wondered where they were using toilet facilities? Outside.” Aff. Chery! Wernecke. This creates “5 gallon buckets with what look{s] like human waste with toilet paper in it along alley’ and “shopping carts parked behind empty houses filled ‘with human waste and excrement.” Aff.'s Cheryl Wernecke & Peggy Gretsch. |Another neighbor found “used hypodermic needles with orange tips laying in the COMPLAINT FOR ABATEMENT OF A PUBLIC Miehsel.Pecoto.tntern Cy Aroney NUISANCE AND INJUNCTIVE RELIEF - DRUG Ee an AND CHRONIC NUISANCE - 10 ‘spokane, W (600) 6256225 AX (509) 625-62710 an 12 13 14 15 16 a7 18 1s 20 2a 22 23 24 25 26 27 28 gravel walkway on the Standard Street side of my house. ..[and] at the northwest comer of the alley... I disposed of them because school children go up and down Standard...” Aff, Megan Howe, “Just last week | found a needle on Addison where many children walk to school.” Aff. Peggy Gretsch. “! would not want to go inside that place with a hazmat suit.” Aff. Virginia Langley. 4.45. The Most Vulnerable. 548 E. Central is “less than a block from Gary middle school. There are kids walking up and down the alley near this drug house going to and from school every day.” Aff. Gerald Lawless. “| am most concemed about the safety of the children... last week | was walking my dog and a man [I have seen come and go from 548 E. Central] walked past me screaming... He walked. ..up {to a group of kids playing basketball and he screamed..." NEVER DO DRUGS'" Aff Peggy Gretsch. Over twenty years ago a man in a brown van moved into that house [548 E. Central] and the first Christmas we knew of him the police depariment went through his front door with a battering ram. This man still ives there today. We wouldn't allow our kids to play in the alley because he would drive his van too fast...'ve always kept my children far from their place. Aff. Leann Lawless. “lam uneasy letting my grandchildren play in the front yard... | am worried for what my grandchildren might see. I've had them hurry into the house ahead of me...We rarely use the front yard. | don't let them ride their bikes in the alley.” Aff. Vera Dodson. I lived at 547 E. Columbia Avenue for approximately 16 years.... We moved there when | was 3 because my mom wanted us kids to have somewhere to live that we could grow rather than be COMPLAINT FOR ABATEMENT OF A PUBLIC Mihael J lest, tern Gy Atoney NUISANCE AND INJUNCTIVE RELIEF ~ DRUG FE Ese Municip! Busing AND CHRONIC NUISANCE - 41 spokane, WA 9920" (609) 625-6225 FAX (508) 625-627720 an 12 13 14 15 16 v7 18 19 20 2. 22 23 24 25 26 27 28 cramped up in an apartment. It's only a 660 sq. ft. home but my brother and | were just excited to have a backyard to play in. | remember the first time we played soccer out there, my brother and | witnessed a man with no clothes on and peeing off of his porch directly across the alley. | wasn't allowed to play in the backyard anymore after that. Aff. Kaitlyn Perin. 4.16. The Impact. The impact 548 E. Central continues to have on this neighborhood is devastating. Peggy Gretsch doesn't walk at night anymore and no longer feels safe. Cheryl Wernecke “feels like a hostage in [her own] neighborhood” Jand is now “suspicious of everyone.” Leann Lawless feels ‘terrorized” and that "my home is a prison.” Carlene Bichelmeyer feels “caged...unable to enjoy [her own] backyard.” Gerald Lawless was unable to spend the weekend at a lake for his 35" wedding anniversary because his home was robbed and he refused to leave his property unguarded. Some of the adverse impacts described by the neighbors include: Cannot leave anything outside; Keep all property locked up even during the day; Hide valuables every time they leave their house; Items reported stolen: a locked up trolling motor, a roof ladder, gas cans, siphoned gas, riding lawn mower, mail, packages, wheels, tires, batteries, tools, tool boxes, jacks, purses, etc.; Keeping doors and windows locked at all times, even when inside; Make sure vehicles are locked and off the street end of driveway; Suspicious of everyone; Watch everyone who walks by to see if they go to 548 E. Central; Avoid walking to the park in the direction of 548 E. Central; Walk less; Don't walk at night anymore; More cautious; COMPLAINT FOR ABATEMENT OF A PUBLIC NUISANCE AND INJUNCTIVE RELIEF — DRUG ‘Floor Munieipal Building AND CHRONIC NUISANCE - 12 ‘Spokane, WA 99201-3326, (509) 625-6225 FAX (509) 625-627710 a 12 13 14 15 16 7 18 19 20 24 22 23 24 28 26 27 28 «Wake up at 5 to drive teenage daughter to a bus stop one block away because 548 E. Central in on the walking route; Decreased property value; Unable to come and go from own property because driveway is blocked by visitors to 548 E. Central; Installed metal security screen doors; Installed double deadbolt locks on entrances; Installed iron bars on windows; Run inside and lock the doors when drug addicts walk down the streets and alleys to 548 E. Central; Feeling anxious and afraid; Fearful to be home alone; and No longer feeling safe. We had a BBQ with some friends one night and [John] began yelling unseemly remarks like, "want some beer?”, "I need sex’, and ‘asking if he could come over. | had to start to bring my Kids to the park to play and go to friend’s homes for gatherings, as mine was unfit for such activities... {cannot afford to move and it leaves me stuck here, unable to sleep at right most nights because | am always anxious about what is going on over there. | used to take a lot of pride in how | maintained my home, but I'm now unable to out of fear of even going into my backyard. It's very upsetting and | hope it can change so that I can go out and do things on my own property....Inch by inch | feel that everything has been taken away from us.....a living hell for...everyone Aff. Shirley Perin. V. DAMAGES. 5.1. The continued existence of public nuisance on the subject property has caused the City and the public actual and substantial harm. This harm is immediate and irreparable. TWichaol J, Piccolo, Interim Gy Avorn) COMPLAINT FOR ABATEMENT OF A PUBLIC ial 1 Pao ey NUISANCE AND INJUNCTIVE RELIEF ~ DRUG EOE ure AND CHRONIC NUISANCE - 13 Spokane, WA 85201-9326, (00) 625-6225 FAK (809) 625-627710 an 12 33 14 15 16 a7 16 19 20 21 22 23 24 25 26 27 28 5.2. The City has no plain, adequate or speedy remedy at law and will continue to suffer irreparable harm unless the Defendant is restrained from continuing to use, maintain or allow the property to be used for the unlawful drug and criminal activities detailed here. 5.3. The City of Spokane has established that chronic nuisance caused this harm. The City of Spokane is committed to protecting its citizens from the dangers of properties... where crime repeatedly occurs. Such properties are known as “nuisance properties” because of their adverse impact on the quality of life of Spokane's citizens. Additionally, when owners...fail to take responsible action to secure and care for these properties, they deteriorate and become “chronic nuisance’ properties. Chronic nuisance properties create a substantial financial burden, pose a significant strain on city services, interfere with other's use and enjoyment of their lands, and are a prohibited public nuisance. Persons in charge of such properties have a duty to take all reasonable measures to prevent and Sbate nuisance activity. It is the purpose of this chapter to hold legally and financially accountable the owners and persons in charge of nuisance and chronic nuisance properties, and to provide for the restoration and abatement of such properties. SMC 10.08A.010. 5.4. “The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence." RCW 7.48.180. “The expense of abating a nuisance, by virtue of a warrant, can be collected...in the same manner as damages and costs are collected on execution...” RCW 7.48.280. The cost of vacating the conditions which are inimical to everyone's health and welfare and closing 548 E. Central shall be assessed against the real property and entered upon the tax rolls, RCW 35.80.010 and .030. ichael J Peco, Interim COMPLAINT FOR ABATEMENT OF A PUBLIC Wicket J Pie a Oey NUISANCE AND INJUNCTIVE RELIEF - DRUG pS iateiba iio AND CHRONIC NUISANCE - 14 ‘Spokane, WA 99201-3328 (sod) 625-6225 FAX (500) 625-627710 an 12 13 14 15 16 uv 18 19 20 21 22 23 24 25 26 27 28 VI, RELIEF REQUESTED. WHEREFORE, Plaintiff prays that this Court: 4, Enter an order declaring the residence located at 548 E. Central, Spokane, Washington, to be a drug nuisance pursuant to the provisions of Chapter 7.43 RCW and a chronic nuisance pursuant to the provisions of Chapter 10.08A SMC. 2. Enter temporary restraining order prohibiting the Defendants, LIDIA ARICH, individually and as Trustee of THE LYDIA ARICH FAMILY TRUST; and JOHN KOVTUSCHENKO, their agents, officers, employees, and anyone acting on their behalf from using, maintaining, occupying, permitting or failing to prevent the use and occupation of the property located at 546 E. Central, for the purpose of manufacturing, delivering, selling, storing, or giving away any controlled substance, legend drug or imitation controlled substance or for the purposes of continuing pattern of criminal activity. 3. Entera preliminary injunction and warrant of abatement: (a) Vacate the premises ~ all residents, including property owners, tenants and guests of the premises, shall vacate the premises immediately. (b) Immediate Closure — the property at 548 E. Central, Spokane, Washington, shall be IMMEDIATELY CLOSED against its use for any purpose until further order of the court. (c) Secure the premises — the property at 548 E. Central, Spokane, Washington shall be immediately secured and boarded up. ichaet J. Peco, tnterim City Altorne COMPLAINT FOR ABATEMENT OF A PUBLIC oe NUISANCE AND INJUNCTIVE RELIEF - DRUG 85" Floor Municipal Building AND CHRONIC NUISANCE - 15 ‘Spokane, WA 99201-3328, (509) 625-6225 FAX (509) 625-627720 a 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 26 27 28 (@) Remove litter and rubbish — abate, remove and properly dispose of all refuse, rubbish, pallets and junk vehicles left on or about the property including the removal and impoundment of all vehicles, trailers, fifth Wheels, or motorhomes not immediately removed from the premises, (ec) _ Safety inspection — the City of Spokane, through its Office of Neighborhood Services and Code Enforcement, Building Official and Fire Inspector may enter and inspect the premises of 548 E. Central for substandard conditions, SMC 17F.070.400, 410, Fire Code violations, or any other condition or code violation relating to the condition and safety of the premises. () Removal of personal property remove all personal property subject to seizure and forfeiture pursuant to RCW 69.50.5065, (g) Defendants LIDIA ARICH, individually and as Trustee of THE LYDIA ARICH FAMILY TRUST; and JOHN KOVTUSCHENKO, shall not, directly or indirectly, contact, intimidate, threaten, or otherwise interfere with any property or person residing or visiting within two blocks of $48 E. Central. 4, Enter a final order of abatement providing for the immediate closure of the property against use for any purpose until further order of the Court. 5. _ Enter judgment against Defendants LIDIA ARICH, individually and as Trustee of THE LYDIA ARICH FAMILY TRUST, for the cost of vacating, abating, jchael J, Precoro, Interim City Attor COMPLAINT FOR ABATEMENT OF A PUBLIC ienaal 7 Pest, ies Cig cay NUISANCE AND INJUNCTIVE RELIEF ~ DRUG '$° Floor Municipal Building AND CHRONIC NUISANCE - 16 Spokane, WA, 5701-528 FAX (500) 625-627710 a 12 13 4 15. 16 7 1e 19 20 2. 22 23 24 25 26 27 28 securing, maintaining and closing 48 E. Central. The judgment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes and entered upon the tax rolls of 548 E, Central. RCW 36.80.010 and.030. 6. Order such relief as the Court deems just and equitable; which may include: “imposing a fine, civil penalty, or award damages...andior] order the property into receivership...” and “if the proceeds of the sale of items subject to seizure and forfeiture do not fully discharge all of the costs, fees, and allowances, the building... shall then also be sold under execution issued upon the order of the court.” SMC 10.08A.050 and RCW 7.43.100(4) 7. Order that 847 E. Central, and all of its outbuildings not be altered in any way, that nothing be destroyed, dismantled, moved, remodeled, sold, transferred or placed for sale by Defendants; and, that the City of Spokane is authorized to maintain the property until further order. DATED this 20% day of Agel 2017 men WSBA #40043 Assistant City Attormey Attorney for City of Spokane COMPLAINT FOR ABATEMENT OF APUBLIC Michael Fico. i NEY NUISANCE AND INJUNCTIVE RELIEF - DRUG EI OE una AND CHRONIC NUISANCE - 17 Sokan WA S208 FAX (509) 625-6277