HomeMy WebLinkAbout2013 - Determination - HSBC Bank USA, National Association - 20130912000054 Return Address:
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CITY CLERK
CITY OF TUKWILA 20CITY 30912000054•
6200 Southcenter Blvd. OF TUKWIL MISC—RI=R
PAGE-001 OF 007 78.00
Tukwila,WA 98188 09/12/2013 08:08
KING COUNTY, WA
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1 City of Tukwila
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HSBC Bank USA, National Association
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LEGAL DESCRIPTION FOR PARCEL 004100-0600
PARCEL A: THE SOUTH 207.50 FEET OF LOTS 18 AND 19, BLOCK 4, FIRST ADDITION TO ADAMS HOME
TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE(S) 50, RECORDS OF
KING COUNTY, WASHINGTON, EXCEPT THE EAST 60.00 FEET OF SAID LOT 18. (ALSO KNOWN AS LOT A OF
UNRECORDED KING COUNTY LOT LINE ADJUSTMENT NUMBER 8603001,APPROVED APRIL 8, 1986, BEING A
REVISION OF UNRECORDED KING COUNTY LOT LINE ADJUSTMENT NUMBER 1285062, APPROVED JANUARY
13, 1986);
PARCEL B: AN EASEMENT OF INGRESS AND EGRESS OVER THE EAST 10 FEET OF THE PROPERTY ADJOINING
TO THE EAST, AS PROVIDED FOR BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER
9210202572.
p/ City of Tukwila Jim Haggerton,Mayor
het N° 2 Department of Community Development Jack Pace,Director
1908
DETERMINATION, FINDINGS OF FACT, AND ORDER
OF THE
CITY OF TUKWILA IMPROVEMENT OFFICER
DATE: July 9, 2013
TO: HSBC Bank USA, National Association as Indenture Trustee
For People's Choice Home Loan Securities Trust Series 2005-1
800 Brooksedge Blvd
Westerville, OH 43081
RE: 4044 S 152nd Street
Tukwila,WA 98168
Parcel#: 0041000600 ("Subject Property")
CASE NO.: RFA13-159
SUMMARY OF HEARING
On July 9,2013, at 10:00 a.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
Bob Benedicto, Building Official
Mary Hulvey, Code Enforcement Officer
Hoa Mai,Administrative Support Technician
Representing the property owner:
Property owner did not attend
6300 Southcenter Boulevard,Suite#100•Tukwila, Washington 98188• Phone 206-431-3670 • Fax:206-431-3665
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 June 4, 2013, Code Enforcement Officer Mary Hulvey was contacted by Tukwila •
Police Department regarding conditions at this property. The property was
abandoned, overgrown, contained an unsecured house in complete disrepair, and
littered with debris. The police had recovered several stolen and stripped vehicles
from the property. Vagrants continued to break in and use the house for illegal
purposes.
2. On June 6, 2013, Officer Hulvey inspected the property and found the structure
unsecured with the inside ransacked. Walls had been opened,copper wiring had
been removed and the inside was full of debris. There was evidence of a possible
marijuana grow operation inside.
3. On June 10, 2013, Officer Hulvey issued a Complaint of Unfit Building to HSBC
Bank NA. Notice was also posted at the property and filed with the King County
Recorder's Office. The Complaint set the date for the hearing on July 9, 2013 at
10:00 a.m.
4. Violations cited were: IPMC 108.1.3 Structure Unfit for Human Occupancy; IPMC
108.1.5 Dangerous Structure;TMC 8.28.010 Nuisance;TMC 8.28.030 Vacant
Structures; IPMC 302.4 Weeds; IPMC 308.1 Accumulation of Rubbish or Garbage.
5. IPMC 108.1.3 Structure Unfit for Human Occupancy: "...whenever the code official
finds that such structure is unsafe, unlawful, or because of the degree to which the
structure is in disrepair or lacks maintenance, in insanitary...or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment required by
this code..."
The vacant unsecured structure is in disrepair,contains an accumulation of
debris inside and outside. Walls have been opened and wiring has been
removed. The structure meets the definition of IPMC 108.1.3.
6. IPMC 108.1.5 Dangerous Structure: `Any portion of a building, structure...that has
been damaged by...deterioration, abandonment, vandalism...that is likely to partially
or completely collapse..."
The vacant unsecured structure is in disrepair, contains an accumulation of
debris inside and outside. Walls have been opened and wiring has been
removed. The structure meets the definition of IPMC 108.1.5.
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7. TMC 8.28.010 Nuisance: "(A)All violations of development, land use, licensing and
public health ordinances are found and declared to be nuisance. (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)."
This property,due to the degree of disrepair,due to the unsanitary condition, and
that it is unfit for occupancy, meets the definition of public nuisance.
8. The staff report to the Improvement Officer cited an outdated code reference for
Vacant Buildings. The correct reference follows. The structure and premises are
still in violation of the code as follows:
TMC 8.28.030 Vacant Buildings, Structures and Premises:
'A.All vacant buildings, structures and premises, and all vacant land, shall be
maintained in a clean, safe, secure and sanitary condition as required by the
International Property Maintenance Code..."
This property is not maintained. There is debris present both inside the structure
and on the property. The vacant structure is unsafe, unsecured and in disrepair.
"B. (8) 'Vacant Nuisance Building'means a building, structure or portion thereof that
is vacant and exists with any one or more of the following conditions: a. unsecured
against entry;b. old, dilapidated or has become so out of repair as to be dangerous,
unsafe, and unsanitary or otherwise unfit for human habitation or occupancy..."
The structure is unoccupied, unsecured,dangerous, unsafe, and unfit for human
occupancy due to the degree of disrepair, lack of electrical power and other
essential elements. The structure meets the definition of Vacant Nuisance
Building.
"9. `Vacant Nuisance Premises'means the exterior premises of a vacant building, or
vacant land that harbors junk vehicles, accumulation of rubbish or garbage,
overgrown weeds, noxious weeds, unmaintained plan material and landscaping, or
other violation of the IPMC for over 30 days during which time the Code Official has
issued an order to correct the public nuisance violations and those violations have
not been corrected."
The property is completely overgrown to such an extent as to make the structure
invisible from the street. There is an accumulation of rubbish and debris. The
property meets the definition of Vacant Nuisance Premises.
9. IPMC 302.4 Weeds: 'All premises and exterior property shall be maintained free
from weeds or plant growth in excess of 24 inches. All noxious weeds shall be
prohibited. Weeds shall be defined as all grasses, annual plants and vegetation,
other than trees or shrubs..."
The entire lot is completely overgrown to such an extent as to make the structure
invisible from the street. The property is in violation of IPMC 302.4.
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•
10.IPMC 308.1 Accumulation of Rubbish and Garbage: "All exterior property and
premises, and the interior of every structure, shall be free from any accumulation of
rubbish or garbage."
Piles of garbage are present under the carport and rubbish has been pulled from
the structure and discarded around the property. The property is in violation of
IPMC 308.1.
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 property is a public nuisance due to the degree of disrepair, accumulation of
rubbish and garbage,weed overgrowth.
2. The structure is a Vacant Nuisance Building because it is unoccupied, unsecured,
dilapidated, out of repair, dangerous, unsafe and unfit for human occupancy. It is
unmaintained.
3. The property is a Vacant Nuisance Premises because of the accumulation of rubbish
and garbage on the land and weed overgrowth.
The property owner is hereby ordered to: •
1. Remove all rubbish and garbage from the property not later than August 20,2013.
2. Remove all weed and plant overgrowth from the property not later than August 20,
2013.
3. Secure the structure against unauthorized entry not later than August 20,2013.
4. Maintain the property free from overgrowth and ensure that the structure remains
secured against unlawful entry.
5. Block driveway vehicle access as long as the property remains vacant and
unoccupied to prevent unauthorized vehicle entry.
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
August 20,2013). The appeal must be in writing to the Tukwila Office of the City Clerk,
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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. Stew
Kathryn A. Stetson
City of Tukwila Improvement Officer
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