Kitsap County Superior Court Judge Jeffery P. Bassett issued a summary judgment in favor of the city of Bainbridge Island Sept. 9 in its code enforcement case against property owners on NE Torvanger Road.

In December 2024, the city filed a complaint against the Lindenbaum/Miles household, per a news release. The complaint alleged that the property owners had created and maintained multiple violations of city code and state law on their property, including:

• Allowing excess farm animals to trample and graze in a fish-bearing stream and its surrounding wetlands;

• Construction of a fence within a critical area; and

• Creation of a public nuisance through improper manure management, failure to dispose of waste, creating odorous conditions, and unsecured feed and trash, which attracted rats and other pests.

Despite repeated outreach from city staff, the property owners refused to allow the city access to inspect the property until the lawsuit was filed to bring the property into compliance with city code, the release says.

The Sept. 9 ruling includes:

• Correction orders: The property owners must correct violations within specific timelines, as requested by the city.

• City authority to act: If the property owners fail to comply, the city is authorized to correct the violations directly.

• Financial penalties: The court ordered the property owners to pay the city’s reasonable attorney’s fees and legal costs.

• Daily civil penalties: The property owners must also pay $1,000 per day in penalties, accruing from Oct. 11, 2024, through Sept. 9, 2025, totaling more than $300,000.

Under state law, the defendants may still appeal this judgment.

“It is always the city’s first preference to work directly with property owners to correct code violations, many of which are unintentional,” said city manager Blair King. “Unfortunately, in this case, staff were not allowed access to the property, and the violations persisted. This judgment makes clear the importance of protecting fish-bearing streams and critical areas while also addressing public health concerns.”