Yelm Public Safety Building & City Council Chambers

The NVN reports,
“A couple is seeking damages of more than $460,000 from the City of Yelm because they are being prevented from moving into a home they purchased in the Palisades West Subdivision.

Andy and Cynthia Smith claim the city wrongfully issued a building permit for their home in the 24-lot subdivision.

The house was finished in April 2009; however, the city wont issue a certificate of occupancy citing public safety regulations…

The family filed a tort claim for damages in the amount of $469,660.32, plus additional and continuing costs to be determined with interest.

Damages include costs the family incurred having to pay rent on an additional house because they could not move into their home, as well as legal fees and interest-only payments on the Palisades home.

‘The Smiths have incurred and are obligated to continue making mortage (sic) payments on a house they cannot live in, and on a lot on which they cannot reside, due to the citys errors …’ the claim states.

In the claim, the Smiths allege the city was negligent in its supervision of Community Development Director Grant Beck, saying it enabled Beck to use city legal services for his personal biases and benefit.

They claim Beck used his power to delay and oppose the familys occupancy and plat amendment including burdening the family with tasks and conditions that are not required by other citizens.

Stipulations were placed on the final subdivision that a booster pump station and sewer roll seal must be installed before any building permits are issued.

A building permit for the booster pump station was approved.

About a month later, a building permit was issued, with a reminder that no certificate of occupancy would be issued without the completion of both conditions.

However, the developer could not secure financing to construct the requirements.

The Smiths and the city have been working on trying to come to a solution.

The family offered to waive any liability if the city issues a certificate of occupancy. A plat amendment was also brought to the table, to exclude the Smiths property from the requirement…

The plat amendment has been tabled indefinitely, Beck said, and the city has not responded to claim as of Wednesday [Jan. 13].”

Ed. Note: The Smith’s home builder told this writer after the November 10, 2009 Council meeting that SE Thurston Fire/EMS Chief Rita Hutcheson issued a letter saying their Mill Pond Fire Station could respond to any issue in Pacific Palisades West within 3 minutes, due to the close proximity.

IF THE CITY COUNCIL WOULD TRULY FOCUS ON THE COSTS & DAMAGE COMMUNITY DEVELOPMENT DIRECTOR BECK HAS CAUSED, THEY WOULD FIRE HIM IN A HEARTBEAT.
HOWEVER, SINCE MOST OF THEM DO NOT KNOW THE MECHANICS OF THE COMMUNITY DEVELOPMENT DEPARTMENT, THE COUNCIL RELIES TOTALLY ON BECK’S REPORTS WITH LITTLE QUESTION.
BECK HAS BEEN INVOLVED AND THE CENTER OF EVERYTHING FROM THE THURSTON HIGHLANDS DEBACLE & LACK OF CONTRACTS OR LIENS FOR COSTS OF CITY SERVICES RENDERED, THE MDNS FILING & WITHDRAWAL, THE WATER ISSUE HERE, THE MCMONIGLE WATER RIGHTS ISSUE & ON & ON & ON.
THE CITY COULD ISSUE AN EXEMPTION FOR OCCUPANCY OF THE SMITH’S HOME IF THEY REALLY WANTED TO!
THIS WRITER & SEVERAL OTHERS WARNED THIS VERY COUNCIL SEVERAL YEARS AGO ON THE RECORD THAT THE BEHAVIOR OF CITY OFFICIALS WILL BRING LAWSUITS,& THEY ARE COMING SWIFT AND SURE. THAT THIS COUNCIL APPROVES OF MR. BECK’S DECISIONS MEANS THEY ARE COMPLICIT WITH THESE ACTIONS THAT ARE COSTING YELM TAXPAYERS DEARLY.

AS I WARNED THE COUNCIL LATE LAST YEAR, THEY HAD BETTER TRIM THE SAILS OF THEIR BUDGET. WITH HEFTY LAWSUITS & LEGAL FEES, EXPECT MORE TO COME!

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