0 1 1 1 1 1 IN THE SUPERIOR COURT OF THE STATE OF WASINGTON IN AND FOR THE COUNTY OF YAKIMA CITY OF YAKIMA, a municipal corporation, v. Plaintiff, SUNSHlNE MOTEL INN, LLC, a Washington limited liability company; RAGHU RAJ, ROHEEL RAJ and RAJIV SAUSON, as individuals, TO: AND TO: AND TO: AND TO: Defendants. SUNSHlNE MOTEL INN, LLC RAGHURAJ ROHEELRAJ RAJIV SAUSON NO. 1 0 SUMMONS A lawsuit has been started against you in the above-entitled court by the City of Yakima, Plaintiff. Plaintiffs claim is stated in the written complaint, a copy of which is served upon you with this Summons. In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and serve a copy upon the undersigned attorney for the Plaintiff SUMMONS -1 Yakima, WA 01-
1 1 1 1 within twenty () days after the service of this Summons, excluding the day of service, if served within the state of Washington, or within sixty (0) days of service of this Summons upon you, exclusive of the day of service, if served outside the state of Washington, or a default judgment may be entered against you without notice. A default judgment is one where Plaintiff is entitled to what he asks for because you have not responded. If you serve a Notice of Appearance on the undersigned attorney, you are entitled to notice before a default judgment may be entered. You may demand that the Plaintiff file this lawsuit with the court. If you do so, the demand must be in writing and must be served upon the Plaintiff. Within fourteen (1) days after you serve the demand, the Plaintiff must file this lawsuit with the court, or the service on you of this Summons and Complaint will be void. If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be served on time. This Summons is issued pursuant to Rule of the Superior Court Civil Rules of the State of Washington. DATED this gth day of July, 1. SUMMONS - ronson Faul, WSBA No. Assistant City Attorney City of Yakima Legal Department Yakima, WA01 Ph: (0) -0 Fax: (0) -10 Yakima, WA 01-
JUL 0 1 KIM M. EATON, YAf\IMA COUNTY CLERK IN THE SUPERIOR COURT OF THE STATE OF WASINGTON IN AND FOR THE COUNTY OF YAKIMA 1 1 1 1 CITY OF YAKIMA, a municipal corporation, vs. Plaintiff, SUNSHINE MOTEL INN, LLC, a Washington limited liability company; RAGHU RAJ, ROHEEL RAJ and RAJIV SAUSON, as individuals, Defendants. No.1 0 NUISANCE PROPERTY Plaintiff, the City of Yakima, alleges as follows: NUISANCE PROPERTY - 1 I. PARTIES AND JURISDICTION 1.1 Plaintiff is a municipal corporation of the first class organized and existing under the laws of the State of Washington and doing business in Yakima, Y ak:ima County, Washington. 1. Defendant Sunshine Motel Inn, LLC, is a limited liability company currently registered in active status by the Washington State Secretary of State under UBI No. 0 0. The designated registered agent for such company is Defendant Raghu Raj. Yakima, WA 01-
1. Defendant Sunshine Motel Inn, LLC is the owner and operator of the business commonly known as the Sunshine Motel Inn, located by street address at and North 1st Street, Yakima, Washington. The Sunshine Motel Inn occupies the parcels legally described as follows: North 1st Street: Lots and, Philips Suburban Tracts; Except right-of-way for public road. Yakima County Assessor's Parcel No. 1-1. 1 1 1. North 1st Street: The East feet of Lot ; Also the North feet of Lot, Philips Suburban Tracts; Except right-of-way on West for public road. Yakima County Assessor's Parcel No. 1-1. Defendant Raghu Raj, an individual, is a governing member of Sunshine 1 Motel Inn, Inc. 1 1. Defendant Roheel Raj, an individual, 1s a governing member of Sunshine Motel Inn, Inc. 1. Defendant Raj iv Sauson, an individual, is a person in charge of the Sunshine Motel Inn located at and North1st Street, Yakima, Washington. 1. The court has jurisdiction over the parties and the subject property. Venue is proper in Yakima County Superior Court. II. FACTUAL ALLEGATIONS.1 The Defendants own or operate the Sunshine Motel Inn, located at and North 1st Street, Yakima, Washington. Exhibits A and B.. The Defendants' property generated calls for police service or response between March, 1 and January, 1. Exhibit B. NUISANCE PROPERTY - Yakima, WA 01-
1 1 1 1. Several of these calls for police service or response involve most serious offenses, drug related activities and assaults that have resulted in criminal charges with convictions. Exhibit B.. Of the calls occurring within the stated month period, during a sixty day period beginning October, 1, there were three or more nuisance activities as defined by Yakima Municipal Code (YMC)..0() that occurred at the property. Exhibit B.. On October, 1, officers investigated an assault occurring at the property on October, 1. The investigation yielded a domestic violence criminal assault charge and conviction in the Yakima Municipal Court, Cause Number, for the actions that occurred at the property. Exhibit C.. Officers investigated an assault on November, 1 which resulted in an arrest and conviction for drug related activity that occurred at the property, Yakima County Superior Court Cause Number 1-1-01-1. Exhibit D.. On November, 1 officers were dispatched to the property in reference to an assault. Charges were filed under Yakima Municipal Court Cause Number for assault that occurred at the property; the Yakima Municipal Court found probable cause and then issued a warrant when the Defendant failed to appear. Exhibit E.. On January 1, 1, the Chief of Police declared the property a chronic nuisance under the terms of Yakima Municipal Code Chapter.. Exhibit F.. The Chief of Police provided written notice of the declaration to the Defendants, sent by first class mail or personally served with a copy sent by certified mail on Exhibit G.. The notice was provided m compliance with the requirements of YMC..0. Exhibit F. NUISANCE PROPERTY - Yakima, WA 01-
. Defendant Rajiv Sauson timely responded as required by the notice and met with the Chief of Police to discuss a course of action to correct the nuisance. Exhibit B.. Following the meeting with the Chief of Police, Defendants failed to execute a corrections agreement. Exhibit B..1 The property remains an umesolved chronic nuisance property. III. CAUSE OF ACTION A. Declaratory judgment regarding chronic nuisance property..1 The City re-alleges and incorporates by reference the allegations set forth in paragraphs 1.1 through.1, inclusive, above. 1 1 1 1. The City has no adequate alternative remedy at law, and the issues presented in this action frame an actual and existing controversy between the parties.. The City is entitled to a declaratory judgment, pursuant to YMC Chapter., establishing that the Defendants' property, Sunshine Motel Inn, is a chronic nuisance and an ongoing violation of the City of Yakima Municipal Code and therefore properly subject to abatement. B. Order of abatement and costs.. The City re-alleges and incorporates by reference the allegations set forth in paragraphs 1.1through., inclusive, above.. Pursuant to YMC..00 and..0, the City is entitled to an order directing Defendants to abate any nuisance activity from occurring on the property.. Pursuant to YMC..00 and..0, if Defendants fail to obey a court order directing them to abate any nuisance activity, the City is entitled to an order to abate the violations at and North 1st Street, Yakima, Washington, by any means necessary. NUISANCE PROPERTY - Yakima, WA 01-
. Pursuant to Yakima Municipal Code..00, the City is also entitled to judgment against the Defendants awarding the City the costs and expenses of any City action to abate the nuisance activity together with legal costs incurred herein. IV. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against Defendants as follows:.1 For an order declaring Defendants' property, Sunshine Motel Inn, a chronic nuisance pursuant to YMC... For an order directing Defendants to abate nuisance activity from occurring on the property within days by the following: 1 1 1 1..1 Owner shall maintain a current roster or other written record of individuals authorized to be residents and present within and upon motel premises. Such written record shall include, at a minimum, the name, permanent address and copy of photo identification (such as driver's license, state identification card) depicting the face of the authorized resident. Such roster shall be made available to security officers retained by owner and to the Yakima Police Department upon request. Owner shall also provide copies of such roster to the Yakima Police Department upon request... Owner shall operate and maintain continuously recording video monitoring of interior hallways and common areas, and exterior of motel facilities (front and rear), including parking lots and entries into motel buildings. Owner and on-site manager shall designate employees who shall make reasonable efforts to personally view such video monitoring feeds at all times while recognizing that such employees may have other duties, such as checking in customers, which may prevent them from maintaining constant observation of the monitors. NUISANCE PROPERTY - However, such Yakima, WA 01-
1 1 1 1 employees shall at all times make a good-faith effort to watch the monitors, if reasonably possible. The Yakima Police Department shall have the right to view any and all video feeds upon request at any time. Owner shall retain recorded video for at least seven () days... Owner shall provide on-site employees, to be present on the motel property between the hours of :00 p.m. to :00 a.m. each day. Such employees shall be informed of motel rules regarding persons authorized to be on the motel property, rules of behavior and prohibited conduct, and shall be trained and authorized to take all lawful action to enforce such rules. Such employees shall have access to the motel's list of authorized occupants and the motel's Trespass List described below. The owner shall contract with a licensed security agency, such as Corporate Security Enforcement, to malce periodic checks of the motel property between the hours of :00 p.m. to :00 a.m. each day, on at least an hourly basis... Owner shall compile and maintain a Trespass List containing name, photo identification and any other identifying information regarding persons who have previously been trespassed from motel property or are not allowed to be on or in motel property. Owner shall provide such list to retained security officers, motel check-in personnel, and on-site managers, and shall provide such list to the Yakima Police Department upon request... Owner shall comply with such other and further corrective actions deemed necessary and appropriate by the Court to abate nuisance activity from occurring on the subject property.. For an order that Defendants will comply with any applicable provision in YMC..0 including relocation assistance if required. NUISANCE PROPERTY - Yakima, WA01-
. For an order that the Chief of Police shall have the right to inspect the property to determine if the court's orders have been complied with.. For a warrant of abatement, if Defendants do not comply with the order issued in., issued to the City of Yakima authorizing the City of Yakima or its subcontractor to enter onto the property, by force if necessary, to abate the nuisance.. The City requests that the warrant of abatement order the Defendants to refrain from any conduct which might deter or interfere with the efforts of abating the nuisance, and order the City of Yakima to take all measures reasonably necessary to abate the nmsance.. For an order declaring that the Defendants are, and shall remain, legally 1 1 1 1 responsible and liable for, and shall hold harmless, indemnify and defend the City of Yakima from, all aspects of the ownership, repair, construction and maintenance of Defendants' properties while the Court's order is in effect, including but not limited to claims or liabilities for liens or other costs required to abate the nuisance, claims for breach or abatement of contracts, utilities, maintenance, taxes or any other costs or liabilities which have or may become due in relation to Defendants' properties, to the same extent as if such declaration had not been entered, which responsibility shall be completely carried out in a timely manner by Defendants.. For judgment against the Defendants for the City's costs of abatement and taxable court costs, and an order assessing such costs.. An award to Plaintiff in an amount up to $,000.00 pursuant to YMC l l..00(a) and 1 l..00(b). NUISANCE PROPERTY - Yakima, WA 01-
1 1 1 1. An award to Plaintiff for an amount up to $00.00 for each day Defendants have failed to abate the chronic nuisance, per Defendant, from the date of the notice issued January 1, 1 pursuant to YMC..0SO(A).. For such other and further relief as the Court deems just and equitable.. The City respectfully requests that this Court retain jurisdiction as, and to the extent, necessary to insure and enforce compliance with its orders issued in this matter. et""" DATED this _D_ day of July, 1. CITY OF Y.AKTh1A LEGAL DEPARTMENT By:_-,,e.~----------- Br nson Faul, WSBA No. Assistant City Attorney NUISANCE PROPERTY - Yakima, WA 01-
VERIFICATION I, Tony O'Rourke, am the City Manager for the City of Yakima. I hereby certify under penalty of perjury under the laws of the State of Washington that I have read the foregoing Complaint, and believe the same to be correct to the best of my knowledge. DATED this ~ day of July, 1 at Yakima, Washington. 1 1 1 1 NUISANCE PROPERTY - Yakima, WA 01-