BELLINGHAM, Wash. — The City of Bellingham filed a civil suit in Whatcom County Superior Court on February 23rd against a property owner claiming she is maintaining a public nuisance due to an encampment of unhoused people. On September 25th, Whatcom County Superior Court granted a summary judgement giving the city immediate access to the property “to inspect the conditions and develop a plan to clean-up the property immediately.”
The City’s complaint filed with the court stated Li-Ching Fang’s property in the 4400 block of Deemer Road has a large encampment of unhoused persons. “An estimated 50 to 150 unhoused persons are currently living on the Property in the encampment.” It added, “Garbage, refuse, waste, drug contaminated materials, and human waste from the encampment threaten to pollute this ‘critical area.’”
Fang’s response to the complaint denied the city’s claim that she has not taken steps to abate the nuisance. She stated that since being aware of the issues caused by the encampment, she has contacted and requested police arrest persons found trespassing on the property.
The city sought a warrant of abatement authorizing access to the property, by force, if necessary, to abate the nuisances, including removal of trespassers, removal and disposal of all property, garbage, waste and contaminated soils and replacing with clean soil and revegetation.
A warrant of abatement issued by the court was limited to granting the city access to do inspections and make abatement plans.
The City also seeks a judgement to cover their legal costs as well as the cleanup costs.
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