10 a 12 33 14 15 16 a7 18 19 20 an 22 23 24 25 26 27 28 coPY Original Filed MAR 20 2023 ‘TIMOTHY W. FITZGERALD SPOKANE COUNTY CLERK SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF SPOKANE pac a municipal \ 23 2 0 1 05 3 - 32 lo. Plaintiff, Vv. COMPLAINT FOR ABATEMENT OF A PUBLIC NUISANCE AND INJUNCTIVE STATE OF WASHINGTON; RELIEF — DRUG AND CHRONIC |}WASHINGTON STATE DEPARTMENT NUISANCE OF TRANSPORTATION; ROGER: MILLAR, in his official capacity as Secretary of Transportation, Washington State Department of Transportation; MIKE 23 2 0 1 0 8 - GRIBNER, in his official capacity as 3 3 Assistant Secretary Regions / Chief Engineer, Washington State Department of |Transportation; and MICHAEL FRUCCI, in his official capacity as Regional Administrator for Development, |Washington State Department of Transportation Eastern Region; Defendants. COMES NOW the Plaintiff, the City of Spokane, by and through Lynden P. Smithson, Spokane City Attomey, and complains and alleges as follows: ‘COMPLAINT FOR ABATEMENT OF A PUBLIC Lynden P. Smithson, Interim Gity Attorney NUISANCE AND INJUNCTIVE RELIEF ~ DRUG ‘OF THE CITY ATTORNEY AND CHRONIC NUISANCE - 1 c 0 PY ra o00) 28927710 a 12 13 14 15 1s a7 18 19 20 2a 22 23 24 25 26 27 28 1. BACKGROUND. 4.1. The real property known as WSDOT Encampment, parcel numbers 35222.1101, 35222.1105, 35222.1109, 35222.1111, 35222.1312, 35222.2101, and 352.2311, in the City and County of Spokane (the “Property’) is a chronic nuisance property pursuant to Chapter 10.68 of the Spokane Municipal Code and a drug nuisance property pursuant to Chapters 7.43, 7.48, and 9.66 of the Revised Code of Washington. 4.2 The ongoing illegal drug and criminal activity continues to have a tremendous negative impact upon the quality of life, safety, and health of the surrounding neighborhood and community. 4.3 The City of Spokane seeks relief through the only available remedy: the equitable remedy of immediate abatement of this public nuisance. Il, JURISDICTION AND VENUE. 2.1 The Superior Court has original jurisdiction over this cause of action pursuant to Wash. Const. art. 4 § 6; RCW 2.08.010; RCW 7.48.010 et seq.; RCW 9.66.010 as this action is to abate a nuisance. 22 Venue is appropriate pursuant to RCW 4.12.010 and .020, and RCW 4,92.010(3), as the real property that is the subject of this action is located in Spokane County, Washington and all acts complained of occurred in Spokane County, Washington. ‘COMPLAINT FOR ABATEMENT OF A PUBLIC Tynden P. Smithson, Interim City Attorney NUISANCE AND INJUNCTIVE RELIEF - DRUG ‘Fig OF THe ry ATTORNEY ‘AND CHRONIC NUISANCE - 2 ‘Spokane, WA 99201-3326 (609) 625-6225 FAX (509) 625-627710 a 12 13 14 45 16 a7 18 19 20 2a 22 23 24 25 26 27 28 2.3. The drug and chronic nuisance violations alleged in this complaint have been, and are being, committed upon public property, identified as tax parcel numbers 36222.1101, 36222.1105, 35222.1109, 35222.1111, 352221312, 35222.2101, and 35222.2311, and legally described as: 35222.1101 KNOWN AS 102 S GREENE ST LOT 1, BLOCK 7, KAUFMAN'S SECOND ADDITION, AS PER PLAT RECORDED IN VOLUME "8" OF PLATS, PAGE 4, RECORDS OF SPOKANE COUNTY 35222.1105 KNOWN AS 124 S GREENE ST LOT 5, BLOCK 7, KAUFMAN'S SECOND ADDITION, AS PER PLAT RECORDED IN VOLUME "B" OF PLATS, PAGE 4, RECORDS OF SPOKANE COUNTY 35222.1109 KNOWN AS 115 S FISKE ST LOT 9, BLOCK 7, KAUFMAN'S SECOND ADDITION, AS PER PLAT RECORDED IN VOLUME "B" OF PLATS, PAGE 4, RECORDS OF SPOKANE COUNTY 35222.1111 KNOWN AS 103 S FISKE ST LOT 12 AND THE NORTH HALF OF LOT 11, BLOCK 7, KAUFMAN'S SECOND ADDITION, AS PER PLAT RECORDED IN VOLUME "B* OF PLATS OF PAGE 4, RECORDS OF SPOKANE COUNTY; EXCEPT A PORTION FOR HIGHWAY 35222.1312 KNOWN AS 123 S RAY ST LOT 8, BLOCK 9, KAUFMAN'S SECOND ADDITION, AS PER PLAT RECORDED IN VOLUME "B" OF PLATS, PAGE 4, RECORDS OF SPOKANE COUNTY COMPLAINT FOR ABATEMENT OF A PUBLIC Tynden P-Snhson, erin City Aarnoy NUISANCE AND INJUNCTIVE RELIEF ~ DRUG £808 W. Spokane Falls Blvd. AND CHRONIC NUISANCE - 3 Seely WA eua0t S858 (509) 625-6225 FAX (609) 625-627710 a 12 13 Fry 1s 16 a 18 19 20 21 22 23 24 25 26 27 28 35222.2101 KNOWN AS 204 S RAY ST LOT 1, BLOCK 17, KAUFMAN’S SECOND ADDITION, AS PER PLAT RECORDED IN VOLUME “B" OF PLATS, PAGE 4, RECORDS OF SPOKANE COUNTY 35222.2311 KNOWN AS 3002 E PACIFIC AVE LOT 12, BLOCK 5, BISBEE'S ADDITION, AS PER PLAT RECORDED IN VOLUME “B" OF PLATS, PAGE 1, RECORDS OF SPOKANE COUNTY; EXCEPT A PORTION FOR HIGHWAY ALL SITUATE IN THE CITY OF SPOKANE, COUNTY OF SPOKANE, STATE OF WASHINGTON Hereinafter referred to as “the Property.” I, PARTIES. 3.1. 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. 3.2. The Property is owned by the STATE OF WASHINGTON and WASHINGTON STATE DEPARTMENT OF TRANSPORTATION. Aff. of Matthew Folsom, Ex. B at 2, 12. 3.3 Defendant State of Washington is a political entity, 3.4 Defendant Washington State Department of Transportation is an agency lof the State of Washington. COMPLAINT FOR ABATEMENT OF A PUBLIC Tynden P: Smithaon, interim City Attorney NUISANCE AND INJUNCTIVE RELIEF — DRUG ee aearaeen. AND CHRONIC NUISANCE - 4 Seema WA oas0t-iSa0 (609) 625-6225 FAX (509) 625-627710 a 12 13 14a 15 16 a7 18 Fr 20 2. 22 23 24 25 26 27 28 3.5 Defendant ROGER MILLAR is named in his official capacity as Secretary of Transportation, Washington State Department of Transportation. 3.6 Defendant MIKE GRIBNER is named in his official capacity as Assistant /Secretary Regions / Chief Engineer, Washington State Department of Transportation. 3.7 Defendant MICHAEL FRUCCI is named in his official capacity as Regional Administrator for Development, Washington State Department of Transportation Eastern Region. 3.8 These defendants are jointly and severally liable for allowing the Property to deteriorate into a drug and chronic nuisance. IV, LEGAL AUTHORITY. 4.1 Municipalities have the authority to declare and abate nuisances. The right of summary action exists in common law under police power. 4.2. This action is brought pursuanttto: 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"); Section 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. ..”); Sections 7.48.020 and 7.40 of the Revised Code lof Washington (authorizing injunctive relief); Sections 7.48.030, .250, .260, and .280 of COMPLAINT FOR ABATEMENT OF A PUBLIC den FSS, ern Cy Alorney NUISANCE AND INJUNCTIVE RELIEF ~ DRUG FLEE OF THECGETY ATTORAEY AND CHRONIC NUISANCE - 5 SSeomane WA asaU S28 (500) 625-6225 FAX (809) 625-627710 an 12 13 14 1s 16 7 18 19 20 2. 22 23 24 25 26 27 28 the Revised Code of Washington (providing for a warrant of abatement and for a [judgment for abatement costs at the expense of the defendants); Sections 36.80.010 land .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 property); Chapter 7.43 of the Revised Code of Washington (relating to an abatement of a drug nuisance); Chapter 10.68 of the Spokane Municipal Code ("SMC") (relating to the abatement of a chronic nuisance property); and Chapter 9.66 of the Revised Code of Washington (relating to an abatement of a public nuisance). 43. Acchronic nuisance property, as defined by SMC 10.68.020(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 §10.68,020(D) (2022). 4.4 Nuisance activity includes “any civil code violation” as well as “any criminal conduct” having a nexus to the property. SMC §10.68.020 (H) (2022). 45 Drug Nuisance is defined in Section 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 it is a public or private nuisance. ‘COMPLAINT FOR ABATEMENT OF A PUBLIC Tyocien Fe Sromnonn, baorn Cy Rieney NUISANCE AND INJUNCTIVE RELIEF - DRUG AND CHRONIC NUISANCE - 6 28 Spokane Fale Bu (300) 625-6225 FAX (508) 625-62710 a 12 13 4 15 16 a7 18 19 20 2. 22 23 24 25 26 27 28 Evidence of a drug nuisance property may include: [slearch 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. RCW § 7.43.020 (1988). 4.6 The City of Spokane has determined the Property to be a nuisance pursuant to chapters 7.48, 7.43 and 9.66 of the RCW, ordinance 10.68 of the SMC, a nuisance per se, and a nuisance under common law. 4,7 Burden of Proof. The City of Spokane has the initial burden to prove, by a preponderance of the evidence, that the Property is a chronic nuisance under SMC 10.68, drug nuisance under RCW 7.43, a public nuisance under RCW 7.48, a public nuisance under RCW 9.66, a nuisance per se, and/or a nuisance under common law. 4.8 No bond or security is required of the City of Spokane for this action. RCW § 7.43.040 (1888); see also RCW § 4.92.080 (1935); CR 65(C). V. FACTUAL ANALYSIS. 5.1 The affidavits and declarations of Spokane Police Department ("SPD") Crime Analyst Ryan Shaw, City of Spokane Code Enforcement Supervisor Jason Ruffing, Spokane Fire Department Fire Marshal lan Dahl, SPD Sergeant Art Dollard, ‘SPD Crime Analyst Karla Tafoya, SPD Detective Jason Curtis, SPD Lieutenant David Overhoff, City of Spokane Deputy Building Official Dermott Murphy, Assistant City COMPLAINT FOR ABATEMENT OF A PUBLIC aa Sea RERETATSY NUISANCE AND INJUNCTIVE RELIEF - DRUG AND CHRONIC NUISANCE -7 fos Spokane al Se (609) 625-6225 FAX (508) 625-62710 uw 12 13 14 1s 1s a7 18 19 20 21 22 23 24 25 26 27 28 Attorney Matthew Folsom, City of Spokane Director of Community, Housing, and Human Services Division Jennifer Cerecedes, City of Spokane City Administrator Johnnie Perkins, Chief Administrative Officer for the Spokane County Sheriff's Office ‘Todd Mielke, CMS Security Guard and Revive Employee Timothy Morgan, and neighbors and business owners/employees Branden Beier, Bryan Best, Ryan Bishop, Judie Burbank, Ken Craudell, Timothy Day, William Normand Demers, Lisa Ehli, John S. Hansen, Ronald Hardin, Jeffrey Holten, Sheldon Jackson, Debra Jamison, Kay Kallenbach, Dug Karlson, Scott Kates, Kevin Kuntz, Ryan Lamphere, Steve Liberty, Tracy Longinotti, Karina Lunning, Ken Marks, Laurie Martinchuck, Rachel Nicholson, Tracie Oxford, Rusty Palmer, Jeff Peer, Maximus Piskun, Caroline Sheikh, Todd Wylie, land Lisa Youngestablish that the occupants of the WSDOT encampment at the Properly are: distributing controlled substances; littering used syringes; stealing property; trafficking in stolen property; disposing of human waste on roads and nearby properties; recklessly buming; prowling vehicles; stealing vehicles; burglarizing properties; causing lost business revenue; creating direct costs to nearby businesses; diminishing nearby business reputations; intimidating; harassing; raping; engaging in ‘sex trafficking; causing shootings; causing stabbings; and generating deaths, and present substantial evidence to support the argument that the Property continues to be la chronic nuisance under SMC 10.68 and a drug nuisance under RCW 7.43. Said affidavits are filed herewith and incorporated herein as if fully set forth. ‘COMPLAINT FOR ABATEMENT OF A PUBLIC Tyren P-Smithson, Interim Gy Atorey NUISANCE AND INJUNCTIVE RELIEF - DRUG OFFICE OF THE CITY ATTORNEY ‘AND CHRONIC NUISANCE - 8 ‘Spokane, WA 99201-3328 (200) 625-6225 FAX (509) 625-627710 a 12 13 14 1s 1s 7 18 19 20 21 22 23 24 25 26 27 28 5.2 The Property continues to create a substantial financial burden and pose a significant strain on limited city services and resources. The Spokane Police Department had over 3,100 calls for service to the Property between 12/16/21 and 12/15/22. Aff. of Ryan Shaw Ex. A at 2. Calls for service incidents are up 10.9% between 12/16/22 to 3/4/23 compared to the same dates one year prior within a % mile radius from the Property (the encampment existed in both time periods). /d. at 5. Within |a % mile radius of the Property, calls for service are up an average of +41.0%, in comparison to the four-year average. Id. During 2022 the Spokane Fire Department responded to over 320 calls for service. Aff. of lan Dahl Ex. 1 at 18. 5.3 The Property continues to interfere with other's use and enjoyment of their lands. The Property is holding hostage this neighborhood's right to quiet enjoyment, “I can't go to the Chevron operated by my neighbor with my kids anymore. I can't take my eyes off my kids for 10 seconds in a Fred Meyer that has to have a WSP officer guard the doors .. . my son cannot stand out and wait for a school bus on his own in a neighborhood like this.” Aff. of Ryan Bishop 3 {| 7. “I have a three-year-old daughter and don’t feel she can go outside. | feel as though | can't allow her to be a kid because | fear what would happen if | turned my back on her.” Aff. of Ryan Lamphere 3 118. 5.4 Chronic Nuisance Notice. On October 5, 2022, Assistant Chief Lundgren mailed, via U.S. First Class mail, a Chronic Nuisance Notice to Roger Millar, COMPLAINT FOR ABATEMENT OF A PUBLIC TTynden P. Smithson, Interim City Aorney NUISANCE AND INJUNCTIVE RELIEF - DRUG sree AND CHRONIC NUISANCE - 9 ‘Spokane, WA 99201-3328. (600) 625-6225 FAX (808) 625-62710 a 12 13 4 15 1s a7 18 19 20 21 22 23 28 25 26 27 28 Secretary of Transportation, Amy Scarton, Deputy Transportation Secretary, and Jewels Helping Hands. This notice states: ‘THE FOLLOWING PROPERTY IS IN DANGER OF BEING DECLARED (A CHRONIC NUISANCE PROPERTY UNDER SMC 10.08A / 10.68 [WSDOT ENCAMPMENT ... failure to respond as required or abate the conditions giving rise to this notice may subject you and this property to further legal action ... including ... closure and securing of the premises, ... assessment of civil fines, penalties, damages... Aff. of Matthew Folsom Ex. B at 1, 5. 5.5 Opportunity to Abate. Defendants were given notice and an opportunity to voluntarily abate the activity giving rise to this public nuisance. Defendants have failed to provide an adequate abatement plan and failed to stop the ‘drug and criminal activity that is robbing this neighborhood of their peace and quiet enjoyment. Despite the fence, badges and curfew, the camp is still lawless. They have no plan to abate the nuisance. In ongoing meetings between the City and representatives of Washington State, it is apparent that the State has no plan to abate ‘the nuisance that is created by the encampment. The State Commerce department has spent over $20 million and has not created a single low barrier bed. Rather, the ‘State has contracted for 120 high barrier beds that continue to be mostly unused. The ‘State has established the encampment as a de facto low barrier shelter space. See Aff. of Johnnie Perkins. 5.6 Drug Activity. The Property is being used to deliver, sell, store, or give away controlled substances. . “I am seeing drug deals taking place on local comers.” Aff. of Ronald Hardin 2 {| 9. Suspected fentanyl pills were purchased from within the ‘COMPLAINT FOR ABATEMENT OF A PUBLIC Tynden P- Smithson, itarin Gy Atorney NUISANCE AND INJUNCTIVE RELIEF ~ DRUG ‘OFFIGE OF THE CiTy ATTORNEY ‘AND CHRONIC NUISANCE - 10 ope wt Spon alle Bld (608) 625-6225 FAK (00) 625-627710 a 12 13 14 45 1s a7 18 19 20 21 22 23 24 25 26 27 28 WSDOT encampment on 9/22/22 (2022-20168562), 9/29/22 (2022-20168562), 10/11/22 (2022-20181713), 10/43/22 (2022-20181713), and 10/15/22. Aff. of Art Dollard 3-4 1] 7-8, 10, 13-14. Spokane County Sherrifs Office (SCSO) Special [Deputy Mark Voigtlaender “listened to the jail call between Daniel Guy Taylor and Sarah Dodge...[and] Taylor explained that he would use a hiding place, while staying at the camp and pull out a quarter at a time... meaning a quarter of an ounce... which indicates drug distribution....” Aff. of Matthew Folsom Ex. D at 8 (hereinafter "Voigtlaender Declaration’). “SPD's...investigative analysts [have information that] a known suspect was selling controlled substances within the WSDOT camp.” Aff. of Art Dollard 3 4] 9. On February 23, 2023, incident number 2023-20035831, complainant reported a resident of the WSDOT Camp appeared high and was all over the place, threatening to hit staff, was aggressive and armed with a pocketknife. Aff. of Karla Tafoya 27 1 144. On March 4, 2023, incident number 2023-20041954, complainant reported a suspicious vehicle where the registered owner was considered armed and dangerous; Security at camp told officers they were having ongoing issues with the female driver trying to sell drugs at WSDOT Camp and to WSDOT Camp residents, Aff. of Karla Tafoya 29 ] 152. 5.7 Property Crime. Defendants are failing to prevent occupants of the Property from entering vehicles, homes and property with the intent to commit crimes. On September 4, 2022 SCSO arrested Jesse James White for 1 count of Controlled Substance Possession with Intent to Distribute (300-500 Fentanyl pills) and 1 Count of ‘COMPLAINT FOR ABATEMENT OF A PUBLIC - Tynden F omincon nein eee NUISANCE AND INJUNGTIVE RELIEF - DRUG AND CHRONIC NUISANCE -11 28 W. Spokane Fale Biv eo} eazas ako) 2827710 an 12 13 1a 15 16 7 18 1s 20 21 22 23 24 25 26 27 28 Possession of Stolen Property (the stolen MacBook was pinging at the WSDOT encampment). Voigtlaender Decl. 8-9 J 8. “On October 14, 2022, incident number }2022-20183667, Corigliano was coming from the WADOT Camp with a black Glock 21 he retrieved from a bush ... He was taken into custody for a warrant and Possession ofa Stolen Firearm and Unlawful Possession of a Firearm 1st." Aff. of Karla Tafoya 14 1184. On January 6, 2023, incident number 2023-20003348, Ken Marks with PM Auto Sales called in a male on their surveillance camera taking batteries from cars and siphoning gas from vehicles; Marks recognized the male as a homeless man from WSDOT Camp. Aff. of Karla Tafoya 21 118. 5.8 Trafficking in Stolen Property. Defendants are failing to prevent occupants of the Property from organizing, planning, financing, directing, managing or supervising the theft of property for sale or trade to others. On November 17, 2022, ‘SPD followed a gold Chevy Tahoe away from the Property and arrested the driver on 4 charge of Possession of a Stolen Motor Vehicle, 1 count of Unlawful Possession of a Firearm, and 4 counts of Possession of Stolen Property. Voigtlaender Decl. 8 | 8. On September 24, 2022, incident number 2022-20169900, a victim reported her stolen cell phone was pinging inside the WSDOT encampment. While looking for her phone at the Property her vehicle was damaged, Aff. of Karla Tafoya 12-13 {| 77. On January 40, 2023, incident number 2023-20005947, complainant has video of suspect using stolen credit cards at Conoco; the employee stated the suspects live at the WSDOT Camp and that he has video of the suspects walking back to the WSDOT Camp after COMPLAINT FOR ABATEMENT OF A PUBLIC Lynden, Smithson, Interim City Attorney NUISANCE AND INJUNCTIVE RELIEF — DRUG EN Srekoataw ena AND CHRONIC NUISANCE - 12 Sookie WA SSO S28 (609) 625-6225 FAX (609) 625-627710 a 12 13 14 15 16 a7 ae 19 20 21 22 23 24 25 26 27 28 making purchases with the stolen credit cards. Aff. of Karla Tafoya 22 1121. On January 22, 2023, incident number 2021-20014280, a business owner tracked {footprints from a theft at the business to the Property where two stolen propane tanks ]were located and brought to the front of the camp by security. Aff. of Karla Tafoya 23 1129. 5.9 Litter and Rubbish. The Property has accumulated litter, refuse, rubbish, garbage, discarded items and waste material which jeopardizes the health and safety of the community. Spokane Code Enforcement Supervisor, Jason Ruffing, reviewed illegal camping and code complaints related to the WSDOT encampment at the Property, which showed: illegal camping; loose dogs; cars and RV's lining the street ‘surrounding the camp; illegal fires; litter and rubbish; limited toilet facilities; illegal dumping; right of way obstruction; increased criminal activity; driveway access obstruction; and raw sewage on the ground. Aff. of Jason Ruffing 2-5 | 5-21. “Having {to clean up human feces once a month makes me nauseas.” Aff. of Ronald Hardin 4 1 14. ‘Daily | have had to pick up trash and clean up needles in the parking lot and surrounding property.” Aff. of Ken Craudell 2 {1 5. 5.10 Reckless Burning. Defendants are failing to prevent occupants of the Property from knowingly causing fires on the Property that recklessly place other structures in danger of destruction or damage. Fire Marshall lan Dahl conducted research into Fire Department activity involving the WSDOT encampment at the Property, which revealed the following SFD responses during 2022: 37 drug ‘COMPLAINT FOR ABATEMENT OF A PUBLIC {yada P Shon, eri Cy Aarn67 NUISANCE AND INJUNCTIVE RELIEF - DRUG £808 W. Spokane Falls Biv. ‘AND CHRONIC NUISANCE - 13 ‘Spokane, WA 99201-3328 (600) 625-6225 FAX (509) 625-627710 a 12 13 14 15 16 a7 18 19 20 2. 22 23 24 25 26 27 28 overdoses; 18 assaults; 18 illegal burns; 12 traumas; 7 exposures to the elements; 4 animal bites; 4 deadly assaults (stabbing and/or gunshot); 4 reported deaths; 2 smoke investigations; 1 non-recent death; and 1 hazmat investigation. Aff. of lan Dahl 26. “We have had three different places where occupants of the camp have built fires against our building and bumt the paint on our building.” Aff. of Ken Craudell 3 {| 9. “[Wle observed a man throw a firebomb into our dumpster.” Aff. of John Hansen 3 {| 7. “| was on a call where a small compact pickup was completely engulfed in flames approx... 30-40 feet from the cooling tent.” Aff. of Jason Curtis 5 §] 15. On January 5, 2023, incident number 2023-20002442, WSDOT security called in a fire in one of the tents, possibly a propane tank, and lots of smoke. Aff. of Karla Tafoya 20 {| 115. 5.11. Vehicle Prowling & Stolen Vehicles. Defendants are failing to prevent occupants of the Property from entering vehicles with the intent to commit crimes, are unlawfully possessing stolen vehicles, and are also wrongfully obtaining control over vehicles. During hours of video review, “I observed SPD Officers arresting a suspect !who was in possession of a stolen vehicle at the WSDOT encampment...A white male legressed the camp by climbing the fence...one black male entered the camp by [climbing the fence...a white male appeared to be ransacking an empty RV...[he was in possession of] a large key ring... typical...of burglary tools....and he] had an apparent glass pipe...smoking methamphetamine, crack or possibly crushed pills. Voigtlander Decl. 7 417. “On May 10, 2022, incident number 2022-20078001, a stolen vehicle was recovered from the WSDOT camp ....” Aff. of Karla Tafoya 4 | 21. On February 9, ‘COMPLAINT FOR ABATEMENT OF A PUBLIC Tynden P. Smithson, Interim City Attorney 7 ‘OFFICE OF THE CITY ATTORNEY NUISANCE AND INJUNCTIVE RELIEF ~ DRUG aw peas roan AND CHRONIC NUISANCE - 14 ‘Spokane, WA 99201-3326 (300) 625-6225 FAX (508) 625-62710 an 12 13 14 15 1s a7 18 19 20 2a 22 23 24 25 26 27 28 2023, incident number 2023-20026565, a stolen vehicle was recovered at the WSDOT Camp. Aff. of Karla Tafoya 25 {] 136. 5.12 Burglary. Defendants are failing to prevent occupants of the Property from entering buildings with the intent to commit crimes. “On August 15, 2022, incident number 2022-20142612, Patricia and James Stokes were contacted at WADOT Camp Patricia was arrested for Assault 3rd and James was arrested for Burglary 2nd.” Aff. lof Karla Tafoya 10 1 61. On October 21, 2022, incident number 2022-20187734, a victim reported that her tent was broken into and her tools stolen. Aff. of Karla Tafoya 14 $81. On January 3, 2023, incident number 2023-10000637, a nearby business reported a burglary where $12,000 in tools were stolen; the suspect left behind personal documents including two WSDOT Camp ID's. Aff. of Karla Tafoya 20 1 114. 5.13 Loss of Business. The Defendants are failing to prevent occupants of ithe Property from generating an inordinate amount of property damage, loss of business revenue and direct costs to local businesses. “The approximate financial impact... [to] our property over the last year... [is] $27,500.00.” Aff. of Judie Burbank 3— 5910. “Customer activity has noticeably diminished since Camp Hope arrived....[this area is now] a cesspool of lawlessness... Our business has lost $20,000-$30,000 from stolen property. Our business revenue is down 50-60%. This is all down to the criminal nuisance activity coming from the WADOT Camp. We are now contemplating closing our business after forty years. Normal people do not want to come down to that area anymore because they no longer feel safe.” ‘COMPLAINT FOR ABATEMENT OF A PUBLIC Tynden P. Smitson,Inirim City Atorney NUISANCE AND INJUNCTIVE RELIEF - DRUG ea We Spokane ala Be ‘AND CHRONIC NUISANCE - 15 Seteet wn banriisse (300) 625-6225 AX (509) 625-627710 a 12 13 14 15 16 a7 18 19 20 2. 22 23 24 25 26 27 28 Aff. of Ronald Hardin 2-4 {If 7, 9, 12. “Late last fall when the encampment was moved from the front of the Courthouse, crime in the area skyrocketed... There has also been a major increase in people with severe drug problems and mental health issues which have scared a large percentage of our customers away.” Aff. of Ken Craudell 2415. 5.14. Intimidation and Harassment. Defendants are failing to prevent occupants of the Property from knowingly and maliciously threatening neighbors with bodily injury, property damage, and other acts intended to threaten neighbors’ physical lor mental health or safety. “On March 23, 2022, incident number 2022-20048362, Daniel Lee Murphy was arrested for Indecent Liberties Forcible Compulsion and Kidnapping 1D that occurred in a vehicle parked just west of the WADOT Camp.” Aff. lof Karla Tafoya 3 | 13. “On September 30, 2022, incident number 2022-20174059, /security at WADOT Camp reported a victim was stabbed by the suspect, her boyfriend Tacoma’ at the WADOT Camp.” Aff. of Karla Tafoya 13 {| 79. “On October 24, 2022, incident number 2022-20189807, [a] victim was reportedly assaulted by suspects at ithe WADOT Camp ....” Aff. of Karla Tafoya 15 {| 88. ‘[Ojne of my people was {threatened with a gun.” Aff. of John Hansen 2 {[ 3. “There has been a gun pulled on an employee at the store. | have been there when a pellet gun was confiscated from someone.” Aff. of Lisa Ehli 2 14. “Once, someone pulled a knife on an employee, and another time someone threatened an employee with a gun.” Aff. of Ryan Lamphere 2 1.4. On February 4, 2023, incident number 2023-20023392, a male believed to live at the WSDOT Camp was asked to leave by a security guard at Fred Meyer. The man COMPLAINT FOR ABATEMENT OF A PUBLIC ‘Tynden P. Smithson, interim Cty Aiorney NUISANCE AND INJUNCTIVE RELIEF - DRUG = pet Orckaeeraeine AND CHRONIC NUISANCE - 16 pokane, WA. 99201-3926 (609) 625.6225 FAX (509) 625-627710 a 12 13 14 15 16 u 18 19 20 21 22 23 24 25 26 27 28 responded by threatening to “smoke” the security guard, pulling a pistol out of his front pocket to show the guard, then shining a high powered blue laser in the security guard’s eyes. Aff. of Karla Tafoya 24~25 {] 135. On February 18, 2023, incident number 2023- 20033045, complainant reported he was threatened and robbed as he walked by WSDOT Camp; the two males came out of the WSDOT Camp. Aff. of Karla Tafoya 27 1142. 5.15 Rape and Indecent Liberties. The Property is being used to knowingly cause persons to have sexual contact by forcible compulsion and exploitive relationships. “Numerous things have been brought to my attention such as HI being raped [and] Robert Moody dealing drugs.” Aff. of Timothy Morgan 2 {| 9. Timothy Morgan further reported “[a] changed [Camp] curfew due to the working girls schedule.” Aff. of Timothy Morgan 2 {| 9. On November 1, 2022 SPD Safe Streets Task Force interviewed a hospital patient who recently escaped from the WSDOT encampment. This individual reported sexual assaults, prostitution, trading sex for drugs, “young women like 12 to 13 years old being passed around,” and people not living at the camp coming to the area to look for that sort of thing, Aff. of Art Dollard Ex. A. “On August 15, 2022, incident number 2022-20142467, victim claimed she was raped by a suspect while two other suspects held her down. The incident occurred near WADOT Camp [where the victim lives).” Aff. of Karla Tafoya 10 | 59. "| work for Revive Counseling...down at the camp...fand] have physically seen people dealing drugs....individuals selling girls as if they were property...observed numerous stolen guns...[and] a number of people have...reported that they were either molested or raped in the COMPLAINT FOR ABATEMENT OF A PUBLIC rar a RR ar NUISANCE AND INJUNCTIVE RELIEF - DRUG at AND CHRONIC NUISANGE 17 808 W. Spokane Fale Biv, (609) 625-6225 FAX (509) 625-627710 an 12 13 14 1s 16 17 18 19 20 an 22 23 24 25 26 27 28 Camp... would like to see the victims of these heinous crimes removed to a safer place. | would also like to see the perpetrators held accountable. The only reason they are getting away with these crimes (selling drugs, human trafficking, and rape) is because they live in this lawless Camp.” Aff. of Timothy Morgan | 3-20. On February 26, 2023, incident number 2023- 20037711, complainant called in worried about their friend at WSDOT Camp claiming she was being sexually assaulted, locked up by a female and was in danger. Aff. of Karla Tafoya 28 J 146. 5.16 Threat to Public Health and Safety. The occupants of Defendants’ Property present a danger to the neighborhood and threat to public safety. On November 30, 2022 there were 40 active arrest warrants associated with individuals at ‘the WSDOT encampment on the Property; 20 of the arrest warrants originated from agencies outside of Spokane County. Voigtlaender Decl. 9 {] 8. “On June 13, 2022, incident number 2022-20100369, victim was inside his tent at the WADOT Camp and was stabbed by an unknown black male, who is at the camp daily.” Aff. of Karla Tafoya 6935. “On October 5, 2022, incident number 2022-20177049, Security at the WADOT Camp reported that Rackliff picked up a girl outside of the WADOT Camp and took her to a gas station nearby. When he came out, she was gone and had stolen items from him. She was staying in the WADOT ‘Camp. Rackliff then demanded that she be brought out so he could get his stuff back. Shortly afterwards, he began firing shots from his vehicle towards the WADOT Camp.” Aff. of Karla Tafoya 13] 81. ‘COMPLAINT FOR ABATEMENT OF A PUBLIC Lynden, Smithaon, inierim City Attorney NUISANCE AND INJUNCTIVE RELIEF - DRUG aero AND CHRONIC NUISANCE - 18 Seseaae WA assotasal (609) 625.6225 FAX (809) 625-627710 a a2 43 16 15 16 7 18 19 20 a 2 23 24 25 26 27 28 On January 28, 2023, incident number 2023-20018420, a man was swinging a large stick around outside of the nearby Mobil 2 gas station before walking off to the WSDOT camp. Aff. of Karla Tafoya 24 | 132. On February 28, 2023, incident number 2023-20039000, complainant called in saying someone attacked her boyfriend with an laxe in a camper at WSDOT Camp; complainant also had a wairant. Aff, of Karla Tafoya 28 {| 147. 5.17. The Impact. The impact the WSDOT encampment continues to have on this neighborhood is devastating. “I have determined that there are no variables, other than the presence of the illicit WSDOT encampment, that could explain the increase of crime in the study area and the encampment is the fundamental factor for the increase in local crime.” Voigtlaender Decl, 11 {| 9. SPD Crime Analyst Shaw shows a 65.6% increase in crime in a 1/4 mile radius from the WSDOT encampment compared to the four-year average. Aff. of Ryan Shaw Ex. A at 2. “Last year, after the camp began to establish itself, we began to see things near the school that we had never seen before. We saw a couple people flagrantly injecting drugs within a block of the school property...two times, two people having oral sex, with the man fully exposed, on the sidewalk kitty-comer to the school. This very much seemed like a woman “paying” for her drugs...she didn't look like a prostitute but did look like a drug addict....The people at the camp need to stop living lawlessly, taking advantage of the neighborhood, committing crimes and getting away with it....l would like to see DOT take more responsibility for what is happening on their property...Ithas been over a year now, and that is way too long....It makes me angry. It feels like the only people that matter are the people in the camp and that residents and businesses do not matter.” |Aff. of Rachel Nicholson 2-3 ff 4, 8-10. ‘COMPLAINT FOR ABATEMENT OF A PUBLIC Tynden P. Smithson, intrim City Afiomey NUISANCE AND INJUNCTIVE RELIEF — DRUG. uence AND CHRONIC NUISANCE - 19 Sane WA oEzDTSOo (509) 625.6225 FAX (508) 625-627710 FER 12 13 4 15 16 a 18 19 20 21 22 23 24 25 26 27 28 Some of the adverse impacts described by the neighbors include: * Concem for safety; + Loss of sleep; + Anxiety and stress; * Depression; * Constant odor from the encampment area (human waste and burning garbage); + Raw, untreated, human waste; «Burning garbage fumes; «Fear, at all hours of the day and night; + Stolen property; * Property damage; «Transients urinating in the open; Garbage all over; «Loss of customers, revenue and business reputation; «Impacting every area of our lives; + Purchasing a firearm; * Increased insurance rates; «Making sure a taser is available at every desk and a baseball bat behind the bathroom door; and * Feeling exhausted and burdened. On February 14, 2023, incident number 2023-20030111, a neighbor called to report he and his neighbors in the area of WSDOT Camp were tired of the prowlers, iwere preparing to take matters into their own hands, saying the police need to do their job. Aff. of Karla Tafoya 26 | 140. On March 17, 2023, patrol officers responded to a loud explosion, smoke and a large fire coming from the northwest comer of the WSDOT Camp. Officers observed a tent fully engulfed in flames and propane tanks shooting up into the sky. Flames and smoke could be seen from miles away and the explosion could be heard througout the city. Two WSDOT occupants were transfilling propane tanks in the tent COMPLAINT FOR ABATEMENT OF A PUBLIC Tynden P. Smithson, Interim Cty Atiorney NUISANCE AND INJUNCTIVE RELIEF ~ DRUG Ow oes ae ‘AND CHRONIC NUISANCE - 20 Soot WA GEST SESS (609) 625.6225 FAX (509) 625-627710 an 12 13 4 15 16 a7 18 19 20 2 22 23 24 25 26 27 28 where a propane heater was in operation causing the explosion and subsequent fire, There were multiple propane tanks at the scene still releasing propane. This was an extremely dangerous situation which could have been far worse. Aff. of Matthew Folsom Ex. D. Vi. EQUITABLE RELIEF. 6.1 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. 62 The City has no plain, adequate or speedy remedy at law and will continue to suffer irreparable harm unless the defendants are restrained from ‘continuing to use, maintain or allow the property to be used for the illegal drug and criminal activities detailed herein. 6.3 The City of Spokane has established by a preponderance of the evidence that the Property is both a chronic nuisance and a drug nuisance. 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 abate 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. ‘COMPLAINT FOR ABATEMENT OF A PUBLIC iiynden P, Smithson, interim City Attorney NUISANCE AND INJUNCTIVE RELIEF — DRUG Or eaW. Spare tae AND CHRONIC NUISANCE - 21 Seer n paseraszs! (809) 625.6225 FAX (509) 625-627710 a 12 13 14 15 16 17 18 19 20 2a 22 23 24 25 26 27 28 SMC § 10.68.010 (2022). 6.4 While “the abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence,” the City is seeking the equitable remedy of injunction. RCW §§ 7.48.180 (1883), 7.43.130 (1988)."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 (1881), 7.43.120 (1989) The cost of vacating the conditions which are inimical to everyone's health and welfare and closing the Property shall be assessed against the real properly and Jentered upon the tax rolls. RCW §§ 35.80.010 (1989), .030 (2005). Vil. EQUITABLE RELIEF REQUESTED. WHEREFORE, Plaintiff prays that this Court: 1. Enter an order declaring the Property to be a drug nuisance pursuant to the provisions of Chapter 7.43 RCW, a chronic nuisance pursuant to the provisions of (Chapter 10.68 SMC, and a public nuisance pursuant to the provisions of Chapters 7.48 and 9.66 RCW. 2. Entera temporary restraining order prohibiting defendants, 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, 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 a patter of criminal activity. “COMPLAINT FOR ABATEMENT OF A PUBLIC ‘iynden P; Smithson, interim City Atormey NUISANCE AND INJUNCTIVE RELIEF — DRUG eeeaueareeaard focal AND CHRONIC NUISANCE - 22 Sates WA OHDOT S828 (609) 625-6225 FAX (509) 625-627710 un 12 13 14 15 16 a7 18 19 20 a1 22 23 24 25 26 27 28 3. Enter a preliminary injunction and warrant of abatement: (a) PROVIDE NOTICE - the City of Spokane shall provide notice and a practical opportunity for all occupants to find new shelter before any removal efforts are made. (b) | SAFEGUARD PROPERTY ~ the City of Spokane shall store property of obvious value that is not removed from the encampment for 90 days. (c) SAFEGUARD VEHICLES - the City of Spokane shalll secure and maintain vehicles removed from the encampment that cannot be turned over to the possessor for at least 30 days. (d) COORDINATION OF AGENCIES - the City of Spokane shall make good faith efforts to conduct outreach, provide transportation, and connect people to appropriate shelter. Every individual removed from the WSDOT encampment will have a meaningful sheltering option and access to a bed, relocation services, and property storage. (e) EXECUTE THE OPERATIONAL PLAN — this operational plan may take an extended amount of time to protect the occupant’s rights, provide occupants with bonified shelter opportunity, provide outreach and transport services, securing of the perimeter, removal of all occupants, and the clearing and clean up of all property, litter and refuse, ‘COMPLAINT FOR ABATEMENT OF A PUBLIC. Tynden P, Smithson, Interim City Atiorney NUISANCE AND INJUNCTIVE RELIEF - DRUG (OFFICE OF THE CITY ATTORNEY ‘AND CHRONIC NUISANCE - 23 7 FAX (509) 625-627710 an a2 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 (f) Vacate the premises — all residents, including property owners, tenants, occupants, and guests of the premises, shall vacate the premises pursuant to the posted notice. (a) __ Immediate closure - the Property shall be CLOSED against its use for any purpose until further order of the court. (h) Secure the premises — the Property shall be immediately secured. After the posted notice period has ended, and after the occupants have been given an opportunity to relocate to safer and healthier shelter, the Spokane Police Department shall search each domicile in order to both vacate the premises and secure personal property of obvious value. Occupants who refuse to vacate the premises may be arrested for trespass. (i) Remove litter and rubbish — the City of Spokane, through its Office of Neighborhood Services and Code Enforcement, may enter, abate, remove and properly dispose of all refuse, rubbish, pallets and vehicles left on or about the property including the removal and impoundment of all vehicles, trailers, fifth wheels, RV's, or motorhomes not immediately removed from the premises. (i) Removal of personal property — defendants and tenants shall be permitted an opportunity to remove their personal items from the Property. The Spokane Police Department shall remove all personal property subject to seizure and forfeiture pursuant to RCW 69.50.505. COMPLAINT FOR ABATEMENT OF A PUBLIC Tynden P, Smithson, Interim City Attorney NUISANCE AND INJUNCTIVE RELIEF ~DRUG Lad awistouesriseet AND CHRONIC NUISANCE - 24 spokane WA asad S28 (800) 625-6225 FAX (508) 625-627710 at 12 13 14 1s 1s 7 18 19 20 21 22 23 24 25 26 27 28 (k) Defendants shall not, directly or indirectly, contact, intimidate, threaten, or otherwise interfere with any property or person residing or visiting within two city blocks of the Property and is hereby excluded from coming within two city blocks of the Property. 4, Entera final order of abatement providing for the immediate closure of the property against use for any purpose until further order of the Court. 5. Award costs to the City of Spokane pursuant to SMC 10.68.060(c)(3) for the expenses incurred by the City of Spokane for security, garbage collection and other services foist upon the City by the establishment of the encampment. The total of all expenses incurred for such services by the City of Spokane approaches $1,000,000, an exact amount will be determined before the conclusion of the abatement process. 6. Order such relief as the Court deems just and equitable. DATED this 22*day of March, 2023. Lynden P. &mithson Interim City Attomey Office of the City Attomey City of Spokane COMPLAINT FOR ABATEMENT OF A PUBLIC T ynden BSaithson interim Gy Atorney NUISANCE AND INJUNCTIVE RELIEF ~ DRUG OFFICE OF THE CITY ATTORNEY AND CHRONIC NUISANCE - 25 careers (609) 625-6225 AK (500) 625-6277