HomeMy WebLinkAbout2024 - Notice of Violation and Order - Graciela Savio Rosales - 20241023000821Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -1 of 13
Record Date:10/23/2024 3:30 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
be filled 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
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
1. Graciela Savio Rosales
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Lot 15 and 16, Block 2, Roberts Spring Brook To Riverton
Additional legal is on page_of document.
Assessor's Property Tax Parcel/Account Number Assessor Tax # not yet assigned.
7359600240
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document to verify the accuracy or completeness of the indexing information provided herein.
"I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010
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Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -2 of 13
Record Date:10/23/2024 3:30 PM King County, WA
City of Tukwila
Code Enforcement
NOTICE OF VIOLATION AND ORDER-TMC§8.45.070
February 26, 2024
Person(s) / Business Responsible:
Graciela Savio Rosales
Graciela Savio Rosales
12843 35th Ave S
Tukwila, WA 98168
Via email: chela.rosalesPgmail.com
Violations
File #: CE24-0017
Violation 1284335 1h Ave S
Location: See Exhibit
Parcel: 7359600240
Legal:
Lot 15 and 16, Block 2, Roberts
Spring Brook To Riverton
Zoning:
Low Density Residential - LDR
Current Use:
Single Family
Environmentally
Riverton Creek and its associated
Critical Areas:
buffer.
See Exhibit C
Purchased:
Graciela Savio Rosales acquired the property on
August 1, 2005.
See Exhibit 8
Violation # 1 UNPERMITTED VEGETATION REMOVAL IN ENVIRONMENTALLY CRITICAL
AREA
RIVERTON CREEK
Code Reference:
• TMC 18.45.158 Vegetation Protection and Management
C. Vegetation Retention and Replacement.
1. Retention.
Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -3 of 13
Record Date:10/23/2024 3:30 PM King County, WA
a. Native vegetation in critical areas and their buffers must be protected and maintained. No removal
of native vegetation is allowed without prior approval by the City except in cases of emergency where
an imminent hazard to public life, safety or property exists. Vegetation may be removed from the
buffer as part of an enhancement plan approved by the Director. Enhancements will ensure that slope
stability and wetland quality will be maintained or improved. Any temporary disturbance of the
buffers shall be replanted with a diverse plant community of native northwest species.
b. Invasive vegetation (blackberry, ivy, laurel, etc.) may be removed from a critical area or its buffer
except steep slopes without a permit if removal does not utilize heavy equipment. The use of
herbicide by a licensed contractor with certifications as needed from the Washington Department of
Ecology and the Washington Department of Agriculture is permitted but requires notification prior to
application to the City.
and shall comply with TMC Section 18.45.158.E.3. Invasive vegetation removal on steep slopes
requires prior City approval.
2. Permit Requirements. Prior to any tree removal or site clearing, unless it is part of Special
Permission approval for interrupted buffer, buffer averaging or other critical areas deviation, a Type 2
Critical Area Tree Removal and Vegetation Clearing Permit application must be submitted to the
Department of Community Development (DCD) containing the following information:
a. A vegetation survey on a site plan that shows the diameter, species and location of all significant
trees and all existing native vegetation.
b. A site plan that shows trees and native vegetation to be retained and trees to be removed and
provides a table showing the number of significant trees to be removed and the number of
replacement trees required.
c. Tree protection zones and other measures to protect any trees or native vegetation that are to be
retained for sites undergoing development or re -development.
d. Location of the OHWM, stream buffer, wetland, wetland buffer, steep slope or any other critical
areas with their buffers.
e. A landscape plan that shows diameter, species name, spacing and planting location for any required
replacement trees and other proposed vegetation.
f. An arborist evaluation justifying the removal of hazardous trees if required by DCD.
g. An application fee in accordance with the Consolidated Permit Fee Schedule adopted by resolution
of the
City Council.
E. Plant Materials Standards.
For any new development, redevelopment or restoration in a Critical Area, invasive vegetation must
be removed, and native vegetation planted and maintained in the Critical Area and its buffer.
1. A planting plan prepared by a qualified biologist shall be submitted to the City for approval that
shows plant species, size, number, spacing, soil preparation irrigation, and invasive species removal.
The requirement for a biologist may be waived by the Director for single family property owners when
the mitigation area
is less than 1,500 square feet.
2. Invasive vegetation must be removed as part of site preparation and native vegetation planted in
the Critical Area and its buffer where impacts occur.
Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -4 of 13
Record Date:10/23/2024 3:30 PM King County, WA
(For complete text, see 18.45.158 Vegetation Protection and Management, C. Vegetation Retention
and Replacement.)
G. Maintenance and Monitoring.
The property owner is required to ensure the viability and long-term health of vegetation planted for
replacement or mitigation through proper care and maintenance for the life of the project subject to
permit requirements as follows:
1. Tree Replacement and Vegetation Clearing Permit Requirements.
a. Schedule an inspection with the City of Tukwila's Urban Environmentalist to document planting of
the correct number and type of plants.
b. Submit annual documentation of tree and vegetation health for three years.
2. Restoration and Mitigation Project Requirements.
a. A five-year monitoring and maintenance plan must be approved by the City prior to permit
issuance. The
monitoring period will begin when the restoration is accepted by the City and as -built plans have been
submitted.
b. Monitoring reports shall be submitted annually for City review up until the end of the monitoring
period. Reports shall measure survival rates against project goals and present contingency plans to
meet project goals.
c. Mitigation will be complete after project goals have been met and accepted by the City of Tukwila's
Urban
Environmentalist.
d. A performance bond or financial security equal to 150% of the cost of labor and materials required
for implementation of the planting, maintenance and monitoring shall be submitted prior to City
acceptance of project.
Observed Conditions: On February 13 & 14, 2014, 1 observed the entire property—including the
areas encumbered by a critical area buffer— had all the vegetation
(blackberries, weeds, grass) cleared and all that was left was bare soil
throughout the entire property. This vegetation clearing continued to the
edge of Riverton Creek.
Research: According to City records, a significant portion of the property is encumbered
by a critical area buffer—including most of the subject property's "backyard"
and part of the house. See Exhibit C.
Researching the City's permit tracking system, I did not find any permits
submitted, under review, approved, or issued for tree removal or site
clearing.
Corrective Action:
IMMEDIATELY STOP all vegetation (trees, shrubs, understory, blackberries) clearing activities on
the property.
Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -5 of 13
Record Date:10/23/2024 3:30 PM King County, WA
2. Obtain a Type 2 Critical Area Tree Removal and Vegetation Clearing Permit. To obtain this permit,
you must submit the following:
a. A vegetation survey on a site plan that shows the diameter, species and location of all
significant trees and all existing native vegetation.
b. A site plan that shows trees and native vegetation to be retained and trees to be removed and
provides a table showing the number of significant trees to be removed and the number of
replacement trees required using TMC 18.45.195, Violations.
c. Tree protection zones and other measures to protect any trees or native vegetation that are to
be retained for sites undergoing development or re -development.
e. A landscape plan that shows diameter, species name, spacing and planting location for any
required replacement trees and other proposed vegetation.
f. An arborist evaluation justifying the removal of hazardous trees if required by DCD....
Submit a complete Type 2 Critical Area Tree Removal and Vegetation Clearing Permit for the
restoration of the unpermitted grading, clearing, fill, and excavation. A qualified professional
must be a Landscape Design Professional / landscape architect as defined in the Definitions
chapter of TMC, Title 18, Zoning, licensed in the state of Washington, or an individual who has
graduated from an accredited landscape design program, and has created these types of plans in
the City of Tukwila in the past.
This permit application and plans must be submitted with the grading permit submittal.
Once the Type 2 Permit is issued and before any work begins, a pre -construction meeting must
be held on site with the following City officials:
Heidi Waters @ Heidi.Watters@TukwilaWA.gov
Jim Toole @ iim.toole@tukwilawa.eov
Once the restoration work is completed, inspected, and approved, the land must remain in this
condition for the life of the property.
Compliance Date: May 1, 2024 to submit an application for a Type 2 Critical Area Tree
Removal and Vegetation Clearing permit to the City, as referenced above,
including all required, plans, reports, and other required documentation.
The restoration / mitigation work cannot start before October 1, 2024 for
the health and longevity of the plants. The work must be completed,
inspected, and approved by December 31, 2024.
Violation # 2 GRADING PERMIT REQUIRED
CLEARING AND GRADING IN AN ENVIRONMENTALY CRITICAL AREA
RIVERTON CREEK
Code Reference:
• TMC 16.54.050 Permit
Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -6 of 13
Record Date:10/23/2024 3:30 PM King County, WA
A. A permit is required for all grading activities occurring within the City limits....
• TMC 16.54.060 Standards
A. All grading activities require erosion prevention and sediment control that prevents, to the
maximum extent practicable, the transport of sediment from the site to drainage facilities, rights-of-
way, water resources, and adjacent properties. Erosion and sediment controls shall be applied
commensurate with the degree of risk, and as specified by the temporary erosion and sediment
control measures, performance criteria, and implementation requirements of TMC Chapter 14.30 and
the Surface Water Design Manual*.
*(KING COUNTY, WASHINGTON SURFACE WATER DESIGN MANUAL
King County Department of Natural Resources and Parks, July 23, 2021) See Exhibit D
• TMC 18.45.110 Watercourse Alterations and Mitigation
No use or development may occur in a watercourse or its buffer except as specifically allowed by this
chapter. Any use or development allowed is subject to the standards of this chapter.
" LTA II1reL11r•]►[.11re1►11711:1031
1. The following shall be considered the minimum standards for approved mitigation projects:
a. Maintenance or improvement of stream channel habitat and dimensions such that the fisheries
habitat functions of the compensatory stream meet or exceed that of the original stream;
b. Bank and buffer configuration restored to an enhanced state;
c. Channel, bank and buffer areas replanted with native vegetation that improves upon the original
condition in species diversity and density;
For complete text, see TMC 18.45.110(C) Watercourse Alterations and Mitigation- Mitigation
Standards.
Observed Conditions: On February 13 & 14, 2024, 1 observed the entire property had been graded
and only bare soil remains. This grading continued into the buffer of Riverton
Creek and up to the edge of the Creek. Additional fill material: soil, and
crushed gravel, had been placed on the property and graded. No erosion or
sediment control measures had been installed.
Research: Researching the City's permit tracking system, I did not find any permits
submitted, under review, approved, or issued for any grading activities on the
entire property.
Corrective Action:
1. IMMEDIATELY STOP all clearing, grading, fill, and excavation activities on the property.
2. Submit an Erosion and Sediment Control Measures plan for review. A qualified professional for
design of erosion and sediment control measures must be a professional engineer / Civil Engineer
as defined in the Definitions chapter of the TMC, Title 19, Zoning, licensed in the state of
Washington and has created these types of plans in the City of Tukwila in the past.
Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -7 of 13
Record Date:10/23/2024 3:30 PM King County, WA
May 1, 2024 to submit the completed plans. This must be submitted with the Grading Permit
submittal.
Once the erosion and sediment control measures plan is issued and before any work begins, a
pre -construction must be held on site with the following City officials:
Heidi Waters @ Heidi.Watters@TukwilaWA.gov
Jim Toole @ iim.toole@tukwilawa.gov
Install all required temporary erosion and sediment control measures (TESC) which includes but
not limited to, wired backed silt fencing installed with steel stakes (see page 19), straw wattles
(see page 20), hydroseeding, straw mulch. Once all TESC has been installed, contact Jim Toole for
an inspection. The TESC measures must be installed by a professional company that has installed
TESC measures in Tukwila.
All Erosion and Sediment Control measures must be installed and maintained in accordance with
the King County Surface Water Design Manual, APPENDIX D Construction Stormwater Pollution
Prevention Standards, July 23, 2021.
NOTE: There is an IMMEDIATE action that MUST be performed that
requires the placement of arborist wood chips near the edge of
Riverton Creek to reduce sediment from entering stream. See Exhibit D
for additional information regarding the placement of the arborists'
wood chips.
3. Obtain a Grading permit by submitting the permit application, plans, reports, and any other
required documents. A qualified professional must be a professional engineer as defined in the
Definitions chapter of TMC, Title 18, Zoning, licensed in the state of Washington and has created
these types of plans in the City of Tukwila in the past.
See Exhibit E
NOTE: Include all utilities located on the property on the site plan.
May 1, 2024 to submit the completed permit application, plans, report(s), and any other required
documents.
Once the grading permit is issued and before any work begins, a pre -construction must be held on
site with the following City officials:
Heidi Waters @ Heidi.Watters@TukwilaWA.gov
Jim Toole @ iim.toole@tukwilawa.gov
ALL TESC measures must be installed, inspected, and approved by or before October 1, 2024.
Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -8 of 13
Record Date:10/23/2024 3:30 PM King County, WA
4. Submit a complete Mitigation Plan for the restoration of the unpermitted grading, clearing, fill,
and excavation. The Mitigation plan must include but not limited to native trees and shrubs, native
understory plants, irrigation, and maintenance plan. A qualified professional must be a Landscape
Design Professional / landscape architect as defined in the Definitions chapter of TMC, Title 18,
Zoning, licensed in the state of Washington, or an individual who has graduated from an
accredited landscape design program, and has created these types of plans in the City of Tukwila
in the past.
May 1, 2024 to submit a complete Mitigation Plan, reports, and any other required documents.
This must be submitted with the Grading Permit submittal.
Once the Mitigation Plan is issued and before any work begins, a pre -construction must be held
on site with the following City officials:
Heidi Waters @ Heidi.Watters@TukwilaWA.gov
Jim Toole @ iim.toole@tukwilawa.gov
5. Once the property has been restored, it must be maintained to these standards for the life of the
property.
Compliance Date: May 1, 2024 to submit: (1) an Erosion and Sediment Control Measures plan,
(2) a complete Grading Permit application, and (3) a complete Mitigation
Plan to the City, as referenced above, including all required, plans, reports,
and other required documentation.
The restoration / mitigation work cannot start before October 1, 2024 for
the health and longevity of the plants. The work must be completed,
inspected, and approved by December 31, 2024.
Violation # 3 RIGHT-OF-WAY USE PERMIT REQUIRED
FOR THE WORK PERFORMED IN THE ROW OF 35TH AVE S
Code Reference: TMC 11.08.040 Permit Required
A. It is unlawful for any person, except the Department or its agent, to
perform work of any kind in the right-of-way, or to make private
use of any right-of-way without obtaining a right-of-way use permit
pursuant to this chapter.
Observed Conditions: On February 13 & 14, 2024, 1 observed crushed gravel has been placed and
graded in the Right -Of -Way of 35`h Ave S. The location of this activity is
between the private property shrubbery and the edge of the road.
Research: Researching the City's permit tracking system, I did not find any submitted,
under review, approved, or issued permits for grading and fill activities in the
Right -Of -Way of 351h Ave S.
Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -9 of 13
Record Date:10/23/2024 3:30 PM King County, WA
The property owner hired a contractor within the las ninety (90) days to
install a new sewer lateral from the house to the sanitary sewer main. This
main is owned by Valley View Sewer.
Corrective Action: 1. Obtain a Right -of -Way Use — Non -Franchise permit for all work (gravel,
sere connection) performed in the R.O.W. by submitting the permit
application, plans, reports, and any other required documents. A
qualified professional must be a professional engineer / Civil Engineer as
defined in the Definitions chapter of TMC, Title 18, Zoning, licensed in
the state of Washington, and has created these types of plans in the City
of Tukwila in the past.
See Exhibit E
This permit must be submitted with the Grading Permit submittal.
Once the Right -of -Way Use — Non -Franchise permit is issued and before
any work begins, a pre -construction must be held on site with the
following City officials:
Heidi Waters @ Heidi.Watters@TukwilaWA.eov
Jim Toole @ lim.toole@tukwilawa.eov
2. Once the Right -of -Way Use— Non -Franchise permit is finalized, maintain
the R.O.W. to this standard for the life of the property.
Compliance Date: May 1, 2024 to submit an application for a Right -of -Way Use Non -Franchise
permit to the City, as referenced above, including all required plans,
reports, and other required documentation.
NOTE: Permit applications are now only being accepted electronically.
The City's Permit Center website is https://www.tukwilawa.gov/departments/permit-center/
Phone: (206) 431-3670 Email: Permits@TukwiIaWA.gov
Office Location : 6300 Southcenter Blvd., #100, 98188
Phone, email, and virtual appointment assistance hours:
• Monday — Friday, 8:30 am — 4:00 pm.
In-person assistance hours:
Mondays, Wednesdays and Thursdays 8:30 am — 4:00 pm.
Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -10 of 13
Record Date:10/23/2024 3:30 PM King County, WA
This is a notice that your property is in violation of the Tukwila Municipal Code. You must complete
the corrective action noted above by the compliance date indicated.
Respectfully,
Code Enforcement
Jim Toole
Officer:
Telephone: 206-431-3676
Email: iim.toole@tukwilawa.gov
cc:
Babbitt Site Development, Inc.
ATTN: Mark Babbitt
25113 90th St. E.
Buckley, WA 98321
info@babbittsd.com
Valley View Sewer
ATTN: Andrew LaRue
3460 S 148th St # 100
Tukwila, WA 98168
valvue@valleyviewsewer.org
City of Tukwila, Department of Community Development
Heidi Watters, Urban Environmentalists
Eric Pritchard, Project Inspector
Wally Snover, Code Enforcement Officer
Permit Department
Nora Gierloff, Director
Andrew Tsoming, Assistant City Attorney
Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -11 of 13
Record Date:10/23/2024 3:30 PM King County, WA
NOTE:
Per your email dated Thursday, February 15, 2024, it states in part:
"... In the next few months we will be having the downstairs gutted and repaired and there will be a
contractor's bin/dumpster on site; we plan to get rid of the debris from this phase of the project when
that's available to us...."
Before any work is performed on your home, please read the following:
• 2018 International Residential Code (IRC) R105.1 (as adopted by Tukwila Municipal Code (TMC)
16.04.020) Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter,
repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge,
alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the
installation of which is regulated by this code, or to cause any such work to be performed, shall first
make application to the building official and obtain the required permit.
Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -12 of 13
Record Date:10/23/2024 3:30 PM King County, WA
City of Tukwila
Code Enforcement
NOTICE OF VIOLATION AND ORDER-TMC§8.45.070
Aaaeal Instructions
TMC 8.45.110 Appeal to Hearing Examiner
A. The person(s) / business responsible named on this Notice of Violation and Order
issued by the Code Enforcement Officer, pursuant to TMC Section 8.45.070, may
appeal the Notice by requesting such appeal within 10 calendar days after being
served with the Notice pursuant to TMC Section 8.45.070.
File the Appeal with the Tukwila City Clerk a written notice of appeal along with
payment of the $340 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.
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.
TMC 8.45.120 Penalties
A. VIOLATIONS OF THE TUKWILA MUNICIPAL CODE:
2. Notice of Violation 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.
Instrument Number: 20241023000821 Document:C Rec: $315.50 Page -13 of 13
Record Date:10/23/2024 3:30 PM King County, WA
April 12, 2024
VIA US MAIL
Graciela S. Rosales
12843 35th Ave S
Tukwila, WA 98168
Re: Denial of Appeal — CE24-0017
Dear Ms. Rosales,
` f=AT,TI.7, WA 98TQ4-704,5
EMILY ROMANENKO
eromanenko@omwlaw.com
Our office serves as the City Attorney for the City of Tukwila ("City") and we have been asked to respond
to your appeal of the Notice of Violation in the above -referenced matter. This letter is to inform you, as
the owner of the property located at Lot 15 and 16, Block 2, Roberts Spring Brook to Riverton ("Property"),
that your appeal has been denied as untimely.
Pursuant to TMC 8.45.110, the person responsible named on the Notice of Violation may appeal the
Notice by requesting such appeal and paying the applicable appeal fee within 10 calendar days after being
served with the Notice. You were served with the Notice of Violation on February 26, 2024. You submitted
your request for appeal and payment of the appeal fee on March 25, 2024. Because you submitted the
request for appeal and appeal fee more than 10 calendar days after being served with the Notice of
Violation, the City has denied your appeal.
The City has refunded the appeal fee received on March 25, 2024. Enclosed herewith please find a check
in the amount of $340. If you have any additional questions, please contact me directly at
eromanenko@omwlaw.com.
Sincerely,
OGDEN MURPHY WALLACE, P.L.L.C.
Emily Romanenko
cc: Nora Gierloff, Development Services Director;
Andy Youn, City Clerk;
Jim Toole, Code Enforcement Officer
JN M M4873-2822-4437;2/13175.000001/1