HomeMy WebLinkAbout2022 - Amended Notice of Violation and Order - Hamza Albadidi / Dhamia Kamel Alubiti - 20220325001214Instrument Number: 20220325001214 Document:N Rec: S208.50 Page -1 of 6
Record Date:3/25/2022 4:55 PM
Electronically Recorded King County, WA
Return Address:
City of Tukwila - City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98122
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must he tilled in)
1. Notice of Violation and Order 2.
3. --- 4.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) Exactly as name(s) appear on document
1, City of Tukwila
2. ,
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
1. Hamza Albadidi & Dhamia Kamel Alubiti
2. ,
Additional names on page _ _ of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
SUNNYDALE GARDENS DIV # 1 W 1/2 OF S 1/2 LESS N 129.825 FT
Tract: 101
Additional legal is on page _______ of document.
Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet
assigned 8108600622
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to verify the accuracy or completeness of the indexing information provided herein.
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referred to as an emergency nonstandard document), because this document does not meet margin and
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Signature of Requesting Party
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Instrument Number: 20220325001214 Document:N Rec: $208.50 Pof 6
CityRecord Date:3/25/2022 4:55 PM King County, WA
AMENDED
of .~n o..n^..nn.~Code Enforcement
NOTICE OF VIOLATION AND ORDER
August 23, 2021
Hamza Albadidi & Alubiti
37425160~St
Tukwila, WA 98188
Via email:
Violations
Violation # 1
Code Reference:
Observed conditions:
Research:
BUILDING PERMITS REQUIRED
File #: cs20-0126
Violation Location: 3742516O*St
Parcel #: 8108608622
ILA he
IBC 105.1 (as adopted by TMC 16.04.020) PERMITS REQUIRED
Any owner or authorized agent who inter,ds to construct, enlargealter, repair, move
demolish, or change the occupancy of a building or structure, enlargealter, repair,
remove, convert or replace any electrical, gas, mechanical or plumbing system, the
instaUation of which is regulated by this code, or to cause any such work to be done, shall
first make application to the building official and obtain the required permit.
On June 25, 2021, I observed a rock retaining wall had been constructed along the back
property line (east) and a wood privacy fence had been constructed above the retaining
wall, The cinder block wall that was constructed along the east property and partially
collapsed in 2020, what remains of this wall is still standing. The rock retaining wall was
constructed in front (west) of this cinder block wall. It was constructed on top of the fill
material that spilled onto the property to the east when a portion of the crnder biock wall
collapsed. This fill material remains on the neighbor's property. The rock retaining wall had
been constructed in front (west) of the stumps that remain from the tree removal in 2020.
The cinder block walls that had been constructed in 2020 along the north and south
property lines remains and the fill material has been placed against them. There is not a
rock retaining wall on either property line, There is a wood privacy fence constructed along
the north and south property line also.
Researching the City's permit tracking system, Building Permit D20-0346 was applied for
on December 16, 2020 for a cast in place retaining wall, This permit is currently under
C1TY OF TUKWILA CODE ENFORCEMENT * 6soosmun*csmrsmBLVD, su/Tszm\rumvv/uA,vvAeu1on * (206)431-36/1
Instrument Number: 20220325001214 Document:N Rec: $208.50 Pof 6
Record Date:3/25/2022 4:55 PM King County, WA
Corrective Action: Since the construction of the rocand cinder block retaining wails are finished without an
approved permit, pnspected, or finaed, you must submit the following:
1. A revised set of plans designed by a structural engineer which shows what has
been constructed.
Compliance Date: Submit complete Building Permit Application, plans., and any documentation by
October I, 2021
Violation # 2
Code Reference:
Observed Conditions:
Research:
Corrective Action:
FILLING AND GRADING WITHOUT A PERMIT
TMC 16.54.0*0 PERMIT
A. A permit is required for all grading activities occurring within the City limits.
TMC 8.45,020 VIOLATIONS
B. In addition to specific civil violations enumerated throughout the Tukwila Municipal
Code, the fotlowing actions are unlawfulandaembiecttnenfonernentthnovghthis
chapter:
2. It is unlawfut for any person to use, construct, Iocate, demolish or cause to be used,
constructed, located, or demolished, any structure, land, or property within the City in
any manner that is not permitted by the terms of any permit or authorization issued
pursuant to the applicable provisions of the Tukwila Muriicipal Code,
On June 25, 2021, 1 observed a rock retaining wall had been constructedcted along the back
property Iirie (east) and the fill material has been graded.
Researching the City's permit tracking system, Public Works Permit PW2O-0114 was
applied for on September 23, 2020 for bringing in fill material into the backyard, The
permit expired on March 30, 2021 without an approved permit, inspecinns, or final.
Since the fill material is finished without an approved permit, you must submit the
following:
1, Submit a complete Grading Permit Apphcation (Type C) and Plans, The plans must
be designed by a licensed Washington Geotechnical engineer.
Compliance Date: Submit a complete Grading Permit Applicationplans, and any documentation by
October 1, 2021.
Violation # 3 TREE PERMIT REQUIRED
18.54.030 Tree Permit Required
A. Permit Required.
1. A Tree Permit is required prior to work within the Critical Root Zone of any Significant,
Exceptional or Heritage Tree or prior to the removal or destruction of any these trees
within the City, unless the action is exempt from this chapter.
Code Refrenoe:
Observed Conditions:
Research:
On Octobe12, 2020, I observed sixteen (16) trees (16 -inch diameter to 22 -inch diameter)
have been removed from the rear yard (stumps have not been removed).
On June 25, 2021, I observed the stumps I observed on my October 12, 2020 site visit.
Researching the City's permit tracking system, a Tree Permit has not been applied for.
CITY OF TUKWILA CODE ENFORCEMENT . 6300 SOUTH�NTER BLVD, SUFIEx00,mKWILA, WA 98188°(206)43z -367z
Instrument Number: 20220325001214 Document:N Rec: $208.50 Pof 6
Record Date:3/25/2022 4:55 PM King County, WA
Corrective Action:
Compliance Date:
Violation #4
Code Reference:
Observed Conditions:
Research:
Submit a complete Tree Permit Application and Plans.
NOTE:
1. As part of the tree permit requirements you will need to plant more than one tree for
every one that was removed, since they appear to have been Iarge,mature trees, There
are also fines associated with removing trees without permits.
2. Your tree permit application and plans will need to include information on the number
and size of the trees removed, and where you plan to plant replacement trees on your
property.
Submit a complete Tree Permit Application and Plans by October 1, 2021
TMC 8.45.090 STOP WORK ORDERS
Whenever a continuing violation of this Code will materially impair the Code Enforcement
Officer's ability to secure compliance with this Codeor when the continuing violation
threatens the health or safety of the public, the Code Enforcement Officer may issue a
Stop Work Order specifying the viotation and prohibiting any work or other activity at the
site. Any violation of a Stop Work Order may be prosecuted with a Notice of Violation
and Order and is hereby declared to be a public nuisance. ... (Emphasis added)
On June 25, 2021, I observed a rock retaining wall had been constructed and completed
and a six (6) foot wooden fence had been constructed and completed in front of the rock
retaining wall. The wooden fence has also been constructed on the north and south
property lines also.
On September 21, 2020, a Stop Work Order was posted on the property for the following
violations:
1) BUILDING PERMITS REQUIRED FOR THE CONSTRUCTION OF RETAINING WALL
2) FILLING AND GRADING WITHOUT APERMIT
3) REMOVAL OF MULTIPLE TREES
The corrective actions cited on the Stop Work Order were:
X Submit Complete Building Plans and Building Permit application by October 19,
2020.
X Grading Activities
J. Stop all activities associated with bringing odditional gravel
and soil onto the property.
2. Stobi!ize deposited soi!s as required byTMC z6.54.060
with straw mu/ch (3 inches minimum
overall disturbed soils excluding driveway) and caII Jim
Toole, 2O[;43z'3676for reinspection.
Compliance Date: October 1, 2020
3, lnstal/ Silt Fencing around the entire area where the soil
has been disturbed.
Compliance Date: October l'ZOJ0
4. Submit Grading Permit app/ication by October 19, 2020
X Submit Tree Permit app/ication by October 19, 2020
CITY OF Tuum//L4CODE ENFORCEMENT 6 sznosqor*cewTcmBLVD, SUITE 1w0,ruxvv/u\wAyaxox * (206)431-367/
Instrument Number: 20220325001214 Document:N Rec: $208.50 Pof 6
Record Date:3/25/2022 4:55 PM King County, WA
Corrective Action: Immediately stop all activities with the construction of all retininAwa|b'bhngingvnyfiU
material to the property, the removal of the tree stumps, and planting of trees unt,I all
applicable permits have been submitted, revieweci, approved, and issued.
Compliance Date: Immediately
NOTE: Permit applications are now being accepted electronically.
See https://www.tukwilawa.gov/wp-content/uploads/DCD-Permits-Login-to-Online-Portal.pdf for further details
on how to submit the above applications.
The citys permit center website is https://www.tukwilawa.gov/departments/permit-center/
This is a notice thayour property is in violation of the Tukwila Municipal Code. You must complete the corrective
action noted above by the compliance dates indicated.
FAILURE TO COMPLY WITH THIS ORDER SHALL SUBJECT YOU TO A MONETARY PENALTY OF UP TO
5250 PER DAY PER VIOLATION FOR EACH DAY THAT THE VIOLATION EXISTS PURSUANT TO TMC 8.45.120(2).
(4 Violations at 5250 per day = 51,0000 per day)
Code EnforcemenOfficer: Jim Toole
Telephone: (206) 431-3676
Email: jim.toole@tukwilawa.gov
NOTE:
TMC 8.45.zZOPenalties
2. Notice ofViolation and Order:
a. A Notice of Violation and Order shall carry with it a cumulative monetary penalty of $250.00 per day for each
violation from the compliance date until compliance with the Notice of Violation and Order is achieved.
5. Notice of Assessmen:vVbhn3VdaynnftheoompUanceda,e,pithersegbyamoticeofWolationandOnde,
or an Order of the Hearing Examiner, whichever is later, the Code Enforcement Officer shall issue a Notice of
Assessment identifying the penalties imposed under this chapter for any remaining uncorrected violations, as well
as any other costs and/or damages assessed against the person(s) responsible, pursuant to this chapter....
TN[8.4S13OAbatement bythe City
A. ABATEMENT. The City may abate nuisance or code violations when:
2. A Notice of Violation and Order has been issued and the required correction has not been completed by the
date specified in the Notice of Violation and Order; ...
CITY OF TUKWILA CODE ENFORCEMENT sannsour*osmrsnBLVD, Sonc10m'rumm/u\wAyo18x • (206)431-3671
Instrument Number: 20220325001214 Document:N Rec: $208.50 Page -6 of 6
Record Date:3/25/2022 4:55 PM King County, WA
City of Tukwila
Code Enforcement
1905
NOTICE OF VIOLATION AND ORDER - Per TMC 8.45.070
Appeal Instructions
A person may, within ten days of being served this notice, file with the Tukwila City Clerk a
written notice of appeal along with payment of the $300 appeal fee, containing the following:
1.The Code Enforcement case file number;
2.A brief statement setting forth the names, mailing address(es), and legal interest of each of the
persons appealing this notice and order;
3.A brief statement of the specific order or action protested, together with any supporting facts;
and
4. A brief statement of the relief sought, and the reasons why it is claimed that the notice and order
should be reversed, modified, or otherwise set aside.
Any appeal of this Notice of Violation and Order must be filed WITHIN 10 DAYS of being served this
notice. There will be no other opportunity to appeal this order, and noncompliance with this order
may result in further legal action.
CITY OF TUKWILA CODE ENFORCEMENT * 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671