A district court judge has ordered a Kennewick man to pay the city of Umatilla $163,000 following a lawsuit the city filed in the wake of fire that caused a boat to sink in the Umatilla Marina in January 2022.
According to a lawsuit, Joey Chacon leased a space at the Umatilla Marina for his boat. The lease went from Dec. 1, 2021 to Dec. 1, 2022. In January 2022, the boat caught fire and sank into the water.
The city paid Tidewater Environmental Services $150,272.14 to remove the boat from the water that same month and moved it to a dry storage area at the Marina.
The city sent a letter to Chacon demanding payment but no payment was ever made, according to the lawsuit. The boat remained on city property for nine months while the city attempted to get Chacon to remove the boat.
The city then paid to dispose of the boat “because of his (Chacon’s) failure to timely remove the boat.” No payment was ever made to the city for the cost of disposing of the boat, according to the lawsuit.
The contract signed by Chacon obligated him to properly dispose of “all of tenant’s debris, waste or refuse.” According to the contract, Chacon was responsible for hazardous spills, including all fuel and lubricant spills. The contract also stipulated that Chacon “agrees to indemnify, defend and hold harmless the city from any and all costs, expenses, damages and claims arising from tenant’s actions.” The contract also stated that “any boat that takes on water or sinks shall be removed immediately by tenant at tenant’s expense.”
Chacon failed to appear for a January 2023 court appearance and the city filed a motion for default judgment. In May, U.S. Magistrate Judge Andrew Hallman recommended the city’s motion be granted. On June 16, 2023, U.S. District Judge Marco Hernandez ordered Chacon to pay the city $163,031.1 in damages, attorney fees and other costs.
