HomeMy WebLinkAbout2008 - Determination - Bosteder Darwin - 20080606001540 Return Address:
Cit f Tukwila 20080606001540
Ty PAGE001 OFK005 MISC 46.00
ATTN: City Clerk 06/06/2008 15:48
6200 Southcenter Blvd KING COUNTY, WA
Tukwila, WA 98188
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LDETERMINATION, FINDINGS OF FACT,
AND ORDER OF THE CITY OF TUKWILA
TMRPOVEMENT OFFICER
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1, CITY OF TUKWILA
2.
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1. BOSTEDER, DARWIN
2.
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Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
RIVERSIDE INTERURBAN TRS BAAP ON E MGN SEATTLE TACOMA HWY WCH PT IS 10 FT
E OF SW COR OF N 1/2 TR 50 TH E 120 FT TH N 75 FT TH W L2U r °r 'rrt 5 rr
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assigned
PARCEL x/7340600764
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,�N11LA, yI
C n T+
ity of T ukwila Jim Haggerton, Mayor
Department of Community Development Jack Pace, Director
1908
DETERMINATION, FINDINGS OF FACT, AND ORDER
OF THE
CITY OF TUKWILA IMPROVEMENT OFFICER
DATE: May 27, 2008
TO: Darwin Bosteder
11051 24 Pl. SW
Seattle, WA 98146
RE: 12822 East Marginal Way S., Tukwila, WA 98168
Parcel 7340600764 "Subject Property
CASE NO.: RFA08 -069
SUMMARY OF HEARING
On May 9, 2008, at 3:00 p.m., the Improvement Officer held a hearing regarding this
matter to gather information to supplement what was discovered during the Code
Enforcement Officer's initial investigation of the Subject Property.
The following City of Tukwila staff attended the hearing:
Kathryn Stetson, Improvement Officer
Mary Hulvey, Code Enforcement Officer
Bob Benedicto, Building Official
Representing the property owner:
Darwin Bosteder, Property Owner
Eric R. Stahlfeld, Owner's Attorney
SACode Enf Pics\2008 \RFA08 -069 (BOSTEDER Housing)\RFA08 -069 Determination Findings Order.doc
RFA08 -069
Bosteder Hearing
May 27, 2008
Page 2
FINDINGS OF FACT
Based on the Code Enforcement Officer's initial investigation of this matter, and the
information gathered at the above described hearing, the Improvement Officer makes the
following Finding of Facts.
1. On April 7, 2008, at the request of the tenant, Chris Abel, Code Enforcement Officers
Kathy Stetson and Mary Hulvey inspected the house and took multiple photographs.
2. The inspection revealed multiple code violations including:
Front stairs and deck severely deteriorated
No functional heaters in any of the bedrooms. Tenant was using portable space
heater upstairs.
Children's bedroom windows do not open.
Bathroom has no ventilation.
Home lacked functional smoke detectors.
Virtually every wall and ceiling surface upstairs and in the stairwell is covered
with mold. Walls are peeling and exhibit signs of leakage. Window frames are
covered in black mold.
Mold is present in the bathroom on the walls and in the tub area
Bathroom and kitchen sinks leak.
Kitchen and bathroom cabinets are broken.
Upstairs toilet in laundry room does not flush.
Stair handrail not anchored.
Water heater temperature pressed relief valve not installed properly.
3. A second inspection of the property was conducted on April 10, 2008 with the
Building Official, Bob Benedicto, confirming the previous inspection results.
4. Based on this inspection, a Complaint of Unfit Building was issued on April 21, 2008
calling for a hearing to be held at 3:00 pm on May 9, 2008. The notice was mailed to
the property owner and posted at the property.
5. At the hearing, Mr. Bosteder stated that he had made repairs to the deck, front stairs,
bathroom and kitchen sinks.
6. He stated that all heaters were functional, although several were rusted. He offered to
replace the heaters with new.
7. He stated that the bedroom windows were all operable and provide emergency egress.
8. He removed a clog in the upstairs toilet and replaced the TPR valve assembly with
one that complies with code.
9. He cleaned off all surfaces exhibiting mold and is preparing to paint.
10. He agreed to another inspection of all the repairs completed. This inspection to be set
at a mutually agreeable date and time within one week of the hearing.
11. Final inspection was conducted on Friday, May 16, 2008 at 11:00 a.m. Inspection
conducted by Bob Benedicto, Kathy Stetson and Mary Hulvey.
RFA08 -069
Bosteder Hearing
May 27, 2008
Page 3
12. Inspection results verified conditions as follows:
Front stairs and deck had been repaired and repairs have been approved.
Window vents are operable and provide adequate natural ventilation in bedrooms,
bathroom and kitchen.
Building Official has expressed concern over the window in the upstairs bedroom.
The sill is only four to six inches above the floor and presents a fall hazard for
children.
Electric resistance heaters in all bedrooms are operable. Owner agreed to replace
heaters which exhibit an excessive amount of rust.
Toilet in upstairs laundry room is functional.
Exhaust fan in upstairs laundry room is functional.
Pressure /temperature relief valve outlet has been extended to within 6 inches of
the floor as required by code.
Smoke alarms have been installed in each bedroom and the in the hallway leading
to bedrooms on both floors. All tested operational.
Bathroom and Kitchen sink leaks had been repaired
Stair handrail was firmly reattached to the wall.
Moldy walls have been cleaned and loose and peeling paper had been removed.
The walls appeared to be free of mold. Mr. Bosteder stated that he scrubbed the
walls with a brush using a bleach/water solution. We are unable to determine if
the methods or materials used to clean these surfaces have adequately addressed
the infestation.
Determination and Order
Based on the initial investigation of this matter, and the information gathered at the
above described hearing, the Improvement Officer makes the following Determination
and Order:
1. The International Property Maintenance Code "IPMC 2003 edition, is the housing
code adopted by the City of Tukwila by ordinance #2057 and referenced in Tukwila
Municipal Code 8.28.020.
2. Based on the inspection of the repairs completed by Mr. Bosteder, the violations
noted in the Complaint of Unfit Building have been satisfactorily repaired.
3. Although the structure currently appears to be free of mold, the Improvement Officer
is concerned that, due to the large amounts of mold present at the initial inspection,
the property owner may not have permanently resolved the mold problem. It is
recommended that professional mold remediation be pursued by the property owner
to ensure that the mold does not return inside the structure. While failure to pursue
professional mold remediation will not be grounds for additional action by the City,
additional action could be taken if the City becomes aware that large amounts of mold
have reinfested the dwelling unit.
RFA08 -069
Bosteder Hearing
May 27, 2008
Page 4
The property owner is hereby ordered to:
1. This structure may be occupied as a dwelling unit.
2. Relocation Assistance does not apply.
3. Replace all electric baseboard heaters which exhibit excessive rust with new heaters.
Advise tenants in writing of the need to keep all combustible materials (bedding,
furniture, clothing, etc.) at least 18 inches away from these units for fire safety.
Purchase and install at least four ABC fire extinguishers. One each placed in the
kitchen, in the hallways to the bedrooms on each floor, and mounted inside near the
front door.
4. As indicated above, the City is unable to determine if the measures undertaken by the
owner are sufficient to abate the mold infestation permanently. In order to verify that
the mold infestation has not returned, an inspection for the presence of excess mold
must be conducted not later than November 30, 2008. Owner to call Code
Enforcement office to arrange the date and time (206- 431 3682).
Appeal
You are entitled to appeal this Determination, Findings of Fact, and Order. You must request an appeal
within thirty (30) calendar days after receiving this Determination (by June 27, 2008). The appeal must be
in writing to the Tukwila Office of the City Clerk, 6200 Southcenter Boulevard, Tukwila, WA 98188. An
appeal fee must be submitted with the written appeal request. An open record appeal hearing will be
scheduled before the Tukwila Hearing Examiner within 30 days from the date the appeal is filed. At that
hearing you may present evidence and testimony from you and other witnesses, including new information
not previously presented to the Improvement Officer, challenging this Determination, Findings of Fact, and
Order.
Remediation/Penalties
If you do not appeal this ruling and fail to comply with the Determination, Findings of Fact, and Order, the
Improvement Officer may direct or cause the subject dwelling, building, structure or premises to be
repaired, altered, improved, vacated, and closed, removed or demolished pursuant to RCW Chapter 35.80.
The cost of any action taken by the Improvement Officer under TMC 8.45.200 shall be assessed against the
subject property pursuant to RCW Chapter 35.80. Upon certification by the City of Tukwila Finance
Director that the assessment amount is due and owing, the King County Treasurer shall enter the amount of
such assessment upon the tax rolls against the subject property pursuant to the provisions of RCW
35.80.030.
Questions regarding the Determination, Findings of Fact, and Order should be directed to the Code
Enforcement division at 206/431 -3682.
Sincerely,
Kathryn A. Stetson
City of Tukwila Improvement Officer