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Home My WebLink About2013 - Violation Notice and Order / Complaint of Unfit Building - Puget Sound Guardians / Gaskill Herbert - 20130520000253 • t , • Return Address: CITY CLERK CITY OF TUKWILA 6200 South center Blvd. Tukwila,WA 98188 20130520000253 CITY OF TUKWIL N—RER 78.00 PAGE-001 OF 007 05/20/2013 08:23 KING COUNTY, WA 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. Violation Notice&Order,Complaint of Unfit Building 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 Puget Sound Guardians 2. Gaskill, Herbert Additional names on page of document. Legal description(abbreviated: i.e. lot,block,plat or section,township,range) Lot(s)2, Block3, Stella A.Tyler's First Addition to Sterling,according to the plat thereof recorded in Volume 15 of Plats, page(s)8, in King County,Washington. Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned 7()() 0 0/i The Auditor/Recorder will rely on the information provided on this form. The staff will not read the 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 and referred to as an emergency nonstandard document),because this document does not meet margin and formatting requirements.Furthermore,I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter:Do not sign above nor pay additional$50 fee if the document meets margin/formatting requirements J*.ftltA,Zfq City of Tukwila Violation Code Enforcement `'` L- Notice And Order 2 N'. ;iy:•,./� 6300 Soutlleenfer Boulevard isoe Tukwila, WA 98188 (206)431-3670 Tukwila Municipal Code § FAX: (206)431-3665 8.45.050(D) The undersigned City of Tukwila Code Enforcement Officer,hereby certifies and states that: Violation Location: 15010 Macadam Road South,Tukwila,WA File#: RFA10-395(LDR) Attorney for Estate Michael L.Johnson Law Office Name: Address: 93 S.Jackson St-#55940 City/State/Zip: Seattle,WA 98104-2818 Contact: Michael L.Johnson hardmanjohnson@gmail.com Property Manager Patricia Skeen Client Services Rept Int GMAC Conventional Code Violations Contact: pskeen@corelogic.com is in violation of Tukwila's Municipal Code(TMC), TMC Chapter: TMC 8.45.030.E.2 Fail to comply with any applicable provisions of the TMC TMC 8.28.020 International Property Maintenance Code Adped(IPMC) Specifically: TMC 8.28.030 Vacant Buildings,Structures and Premises (D)Declaration of Nuisance "Abandoned premises,chronic nuisance buildings or premises,vacant nuisance buildings,and vacant nuisance properties are found and declared to be a public nuisances." Vacant structures are unsecured and premises are not monitored or maintained. Specifically IPMC 108.1.5.7 Dangerous structure or premises "The structure is neglected,damaged,dilapidated, unsecured or abandoned so as to become a harbor for vagrants,criminals or immoral person,or enables persons to resort to the building or structure for committin a nuisance or an unlawful act." The dwelling structure was destroyed by fire in 2010.Tukwila Fire Marshall Tomaso stated the structure is a total loss. The fire has destroyed the foundation and flooring inside the structure. The structure is so damaged and structurally unsafe that it is in danger of collapsing. The vacant structure has been abandoned and is in total disrepair, and contains accumulations of debris inside the structure. Specifically: TMC 8.28.030.A.a Vacant Structure Structure is unoccupied and unsecured. Specifically: IPMC 308.1 Accumulation of rubbish or garbage "All exterior property and premises shall be free from any accumulation of rubbish or garbage." Property is full of rubbish,garbage and debris. Specifically: IPMC 302.4 Weeds,overgrowth "All premises and exterior property shall be maintained free from weeds or plant growth in excess of 24 inches." Entire lot is overgrown with blackberrie bushes and weeds. Specifically: IPMC 302.7 Accessory structures. "All accessory structures,including detached garages,fences and walls, shall be maintained structurally sound and in good repair." I The open shed and garage is unstable and has partially collapsed. Violation Notice&Order 2.Doc Page 1 of 3 • • Specifically: IPMC 106.5 Abatement of violation. "The imposition of the penalties herein prescribed shall not preclude the legal officer of the the jurisdiction from instituting appropriate action to...abate a violations,or prevent illegal occupancy of a building,structure or premises,or to stop an illegal act,conduct...of the building, structure or premises." Corrective Action required: Compliance Date: May 21,2013 Corrective Action: • Demolish and remove all structures on the property under a Tukwila Demolition Permit. • Cut back and remove all overgrowth from property. • Remove all rubbish,debris and garbage from the property and prevent it from becoming a nuisance in the future. Failure to demolish structures and remove all rubbish,debris and garbage and cut back weeds and overgrowth shall result with an abatement of the nuisance and a lien recorded against the property in accordance with TMC Section 8.45.105. Notice of Violation issued on the following dates: Issue Date: July 18,2012-Violation Notice and Order Issue Date: July 19,2012-Complaint of Unfit Building Issue Date: September 13,2010-Pre-Notice of Violation Issue Date: August 24,2010-Pre-Notice of Violation Issue Date: October 6,2008-Violation Notice and Order FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO A MONETARY PENALTY OF UP TO$500 PER DAY FOR EACH DAY THAT THE VIOLATION EXISTS UNDER THE PROVISIONS SET FORTH IN TMC 8.45.100(2). Appeal Provisions: A person may,within ten days of receipt of this notice,file with the City Clerk a written notice of appeal containing the following: 1. A heading with the words: "Before the Hearing Officer of the City of Tukwila"; 2. A caption reading: "Appeal of , giving the names of all appellants participating in the appeal; 3. A brief statement setting forth the legal interest of each of the appellants in the property involved in the notice and order; 4. A brief statement of the specific order or action protested,together with any material facts claimed to support the contentions of the appellant or appellants; 5. 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; 6. The signature of all persons named as appellants,and their official mailing address; 7. The verification(by declaration under penalty of perjury)of each appellant as to the truth of the matters stated in the appeal. 8. The appeal fee for violations in the LDR zone is$100.00 and in all other zones is$200.00. Fees must accompany the written notice of appeal. Failure to appeal this Violation Notice and Order shall constitute a waiver of all rights to any additional administrative hearings. Failure to respond may result in the matter being forwarded to the City Attorney for fnirther action. Violation Notice&Order 2.Doc Page 2 of 3 • Signed: Today's date: April 23,2013 Name: Mary Iulvey,CCEO Phone: 206-431-3676 Title: Code Enforcement Officer Email: Mary.Hulvey@tukwilawa.gov Cc: Meg Dahlen 740 N.21st Street Springfield,Oregon 97477 Summer Gallagher,CPG Puget Sound Guardians PO Box 3429 Redmond,WA 98073 The Heirs and Devisees of Herbert Gaskill 15010 Macadam Road South Lynnwood,WA 98046-1237 Unknown Spouse and/or Domestic Partner Of Herbert Gaskill 15010 Macadam Road South Tukwila,WA 98188 The Estate of Herbert Gaskill c/o Robin J.Williams,Attorney at Law 1728 Ocean Avenue#277 San Francisco,CA 98112-1737 The Estate of Herbert Gaskill c/o Elizabeth Ann Turner,Attorney at Law PO Box 1237 Lynnwood,WA 98046-1237 The Estate of Herbert Gaskill , c/o Coombs Law Firm,A Professional LLC 1715-114th Ave SE,Suite 203 Bellevue,WA 98004-6906 The Estate of Herbert Gaskill c/o Elizabeth Ann Turner,Attorney at Law 1325 4th Ave.Suite 600 Seattle,WA 98101-2539 Northwest Trustee Services, INC. PO Box 997 Bellevue,WA 98009-0997 Attn:Nanci Lambert Violation Notice&Order 2.Doc Page 3 of 3 gs2. City of Tukwila Complaint of Unfit etx ��'; Code Enforcement N`•.� ,esty 6300 Southcenter Boulevard Building 2 Tukwila, WA 98188 Tukwila Municipal Code § (206)431-3670 FAX: (206)431-3665 8.45.140 • The undersigned City of Tukwila Code Enforcement Officer,hereby certifies and states that: Violation Location: 15010 Macadam Road S.,Tukwila,WA File#:RFA10-395(LDR) Attorney for Estate Michael L.Johnson Law Office Name: Address: 93 S.Jackson Street-#55940 City/State/Zip: Seattle,WA 98104-2818 Contact: Michael L.Johnson hardmanjohnson@gmail.com Property Manager Patricia Skeen Client Services Rept Int GMAC Conventional Code Violations Contact: pskeen @corelogic.com Guardian: Summer Gallagher,CPG Puget Sound Guardians Address: PO Box 3429 City/State/Zip: Redmond,WA 98073 is declared to be an Unfit Building in violation of Tukwila's Municipal Code(TMC), TMC Chapter: TMC 8.28.020 International Property Maintenance Code Adopted(IPMC) Specifically: IPMC 108.1.3 Structure Unfit for Human Occupancy. "...whenever code official finds that such structure is unsafe,unlawful,or because of the degree to which the structure is in disrepair or lacks maintenance,is insanitary...or lacks ventilation,illumination,sanitary or heating facilities or other essential equipment required by this code..." The vacant structure distroyed by fire in 2010 has been abandoned and is in total disrepair, lacks most essential equipment,and contains accumulations of debris inside the structure. Specifically: IPMC 108.1.5 Dangerous structure. "Any portion of a building, structure...that has been damaged by fire...deterioration,neglect, abandonment,vandalism...that it is likely to partially or completely collapse is possible." The vacant structure was destroyed by fire in 2010.Tukwila Fire Marshall Tonmaso stated the structure is a total loss. The fire has destroyed the foundation and flooring inside the structure. The structure is so damaged and structurally unsafe that it is in danger of collapsing. The vacant structure has been abandoned and is in total disrepair, and contains accumulations of debris inside the structure. RFA10-395 Complaint of Unfit Building 2(LDR).doc Page 1 of 3 TMC Chapter: TMC 8.28.010 Nuisance. "(A)All violations of development,land use, licensing and public health ordinances are found and declared to be nuisances. (B)The following are declared to be public nuisances: building and structures that are determined by the City's Building Official to be vacant and so old,dilapidated or have become so out of repair as to be dangerous,unsafe,unsanitary,or otherwise unfit for human habitation or occupancy,and such that it is unreasonable to repair the structure(collectively referred to as a"Vacant Building")." Specifically: The City of Tukwila adopted the above code provisions as either development,land use,or public health ordinances and thus violation of such ordinances constitute public nuisances. This structure has become an attractive nuisance to harbor vagrants. Vagrants continue to break into this unsafe and dangerous structure. TMC Chapter: TMC 8.28.030 Vacant Structures. "...a vacant building is a building structure or portion there of,which is: (a)unoccupied and unsecured; (b)unoccupied,unsecured,and so old,dilapidated,or has become so out of repair as to be dangerous,unsafe,unsanitary or otherwise unfit for human habitation or occupancy,and such that it is unreasonable to repair the strucuture;(c)unoccupied and secured by boarding or other similar means;(d)unoccupied and a dangerous structure;(e) unoccupied and condemned by the Building Official;(f)unoccupied and has multiple code violations;(g)unoccupied,and the building or its premises has been the site of alleged unlawful activity within the previous 12 months;(h)unoccupied for over 180 days,during which time Code Officials have issued an order to correct public nuisance violations and those violations have not been corrected,or(i) unoccupied for over two years." Specifically: Legal vacant structures must appear to he occupied,must be secured against unauthorized entry,roofing and siding must he maintained intact and free from holes,fire protection systems maintained in working order,utilities must he terminated and disconnected. A vacant building declared to be unsafe by the building official will be ordered demolished and removed. The structure located on the above referenced parcel is unoccupied,unsecured,dilapidated,dangerous,neglected and has multiple code violations. You are hereby notified of a Complaint Hearing before the Tukwila Improvement Officer scheduled as follows: Hearing Date: May 21,2013 Hearing Time: 10:00 PM Hearing Location: Department of Community Development Conference Room#1 6300 Southcenter Blvd. Please contact this office if you need to reschedule hearing date specified. By receipt of this Complaint of Unfit Building, you are required to attend a Hearing before the Tukwila Improvement Officer at which all parties in interest shall be given the right to appear in person, to bring witnesses,and to give testimony regarding the complaint. At any time prior to or at the time of the hearing, any party may file an answer to the Complaint. All rules governing the procedure of such Hearing, are available for public inspection at the Tukwila Department of Community Development. RFA10-395 Complaint of Unfit Building 2(LDR).doc Page 2 of 3 • Within ten days of the Complaint Hearing,the Improvement Officer shall issue a Determination,Findings of Fact, and Order stating whether the subject dwelling, building, structure, or premises is unfit for human habitation or other use, findings of fact supporting the determination, an order specifying the actions necessary to address any unfitness,and a deadline for completing the actions. If you fail to comply with the Determination and Order and no appeals have been filed,the Improvement Officer may order the building to be repaired or demolished. The cost of such action shall be assessed against the subject property as a tax lien,pursuant to Chapter 35.80.030,Revised Code of Washington(RCW). Signed: 411► Y Today's date: April 23,2013 Name: Mary ulvey Phone: 206-243-3676 Title: Code Enforcement Officer Emal: Mary.Hulvey@tulauilava.gov Cc: Meg Dahlen 740 N.2P,Street Springfield,Oregon 97477 The Heirs and Devisees of Herbert Gaskill 15010 Macadam Road South Tukwila,WA 98188 Unknown Spouse and/or Domestic Partner Of Herbert Gaskill 15010 Macadam Road South Tukwila,WA 98188 The Estate of Herbert Gaskill c/o Robin J.Williams,Attorney at Law 1728 Ocean Avenue#277 San Francisco,CA 98112-1737 The Estate of Herbert Gaskill c/o Elizabeth Ann Turner,Attorney at Law PO Box 1237 Lynnwood,WA 98046-1237 The Estate of Herbert Gaskill c/o Coombs Law Firm,A Professional LLC 1715-114th Ave SE,Suite 203 Bellevue,WA 98004-6906 The Estate of Herbert Gaskill c/o Elizabeth Ann Turner,Attorney at Law 1325 4th Ave.Suite 600 Seattle,WA 98101-2539 Northwest Trustee Services, INC. PO Box 997 Bellevue,WA 98009-0997 Attn:Nanci Lambert RFA10-395 Complaint of Unfit Building 2(LDR).doc Page 3 of 3