The URL can be used to link to this page

Home My WebLink About2013 - Determination - US Bank National Association - 20130715000007 Return Address: 1 1 II 1 111 111 11 11 CITY CLERK 20130715000007 CITY OF TUKWILA 6200 Southcenter Blvd. CITY OF TUKWIL MISC—RER 77.00 PAGE-001 OF 006 Tukwila,WA 98188 07/15/2013 07:28 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 Determination, Findings of Fact, &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. U.S. Bank National Association 2. Additional names on page of document. Legal description(abbreviated: i.e. lot,block,plat or section,township,range) Lot(s)2, Block 3, 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 ?Cl hci) 3,2-)no -- O0530 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 p sy2 City of Tukwila Jim Haggerton,Mayor � � i a Department of Community Development Jack Pace,Director DETERMINATION, FINDINGS OF FACT, AND ORDER OF THE CITY OF TUKWILA IMPROVEMENT OFFICER DATE: May 30,2013 TO: GMAC c/o Corelogic Attn: Patricia Skeen,Client Services Rep 1 CoreLogic Drive, B5-F4 Westlake,TX 76262 Via email: pskeen @corelogic.com RE: 15010 Macadam Rd S Tukwila,WA 98188 Parcel#: 873300-0080("Subject Property") CASE NO.: RFA10-395 SUMMARY OF HEARING On May 21,2013,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 Mary Hulvey,Code Enforcement Officer Hoa Mai,Administrative Technician Rachel Turpin,Assistant City Attorney Representing the property owner: No representative appeared. 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 October 4,2010 a fire destroyed the home of Mr. Herbert Gaskill,who perished in the fire. The fire destroyed the foundation and flooring inside the structure. The structure is so damaged and structurally unsafe that it is in danger of collapsing. 2. On July 19,2012, a Complaint of Unfit Building notice was issued to the property owner at the property address and to Puget Sound Guardians,who had previously been guardians to Mr. Gaskill. The notice was also posted at the property, mailed to Northwest Trustee Services and to Mr.Gaskill's sister Meg Dahlen. The Complaint called for a hearing on August 14,2012. 3. The hearing was held with no one representing the property owner in attendance. 4. The Determination was issued on August 14,2012 ordering the fire damaged structure to be demolished within 30 days, and removing and properly disposing of all demolition materials. 5. On September 17, 2012,the City was notified by Attorney Michael L.Johnson that he was handling the Gaskill estate. He stated that he had not been served with the notice for the hearing. He indicated he is working with the insurance company and the mortgage holder in an attempt to get the property cleaned up. The City agreed to grant an extension to allow the attorney to make the arrangements with the insurance company and mortgage holder. 6. On October 17,2012 a Notice of Trustees Sale was set for January 18,2013. 7. On December 4,2012 Code Enforcement received a call from Patricia Skeen, Corelogic, representing GMAC Property Preservation requesting information on the code violations at the property. 8. On January 3, 2013 Patricia Skeen called again requesting additional time to clean up the property as the original contractor she had hired declined the job. 9. On March 18,2013,staff discovered that the Trustee Sale has been moved to April 26,2013. No further contact from Corelogic or GMAC has been received. 10.On April 23,2013 the City issued a Complaint of Unfit Building#2,calling for a hearing to be held on May 21,2013. A Violation Notice and Order was issued at the same time for the debris,overgrowth, and other nuisance violations. The notices were issued to Michael Johnson, Puget Sound Guardians(taxpayer of record for the property), Meg Dahlen(sister of deceased),and the Heirs of Herbet Gaskill. The notices were posted at the property, recorded against the property,and published in the newspaper. kas Page 2 of 5 05/30/2013 W:\Code Enforce\Code Enf\2010'RFA10-395(Gaskill-Debris,garbage,overgrowth)\RFA10-395 Determination Findings&Order.docx 11.On May 21, 2013 the hearing was held. No representatives of the property owner were present at the hearing. 12.The property remains essentially unchanged from conditions present after the fire. The house is severely fire-damaged and structurally unsound. The detached garage structure is structurally unsound, collapsing, and being held up by the debris stored inside. The property is overgrown with weeds, has become a dumping ground for trash,and is a nuisance to the neighborhood. The buildings are unsecured, frequently occupied by transients,and full of debris. 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)2009 edition is the adopted property maintenance code for the City of Tukwila. 2. IPMC 108.1.3 Structure unfit for human occupancy 'A structure is 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, is insanitary, vermin or rat infested,contains filth and contamination or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public." The structures meet the definition of Structure Unfit for Human Occupancy due to the severity of the fire damage,the obvious loss of structural integrity,the lack of sanitary or heating facilities,and the accumulation of filth inside the structures. The structures constitute a hazard to the public due to their deterioration, unsecured,and frequently occupied by transients. 3. IPMC 108.1.5 Dangerous structure. "...3.Any portion of a building, structure, or appurtenance that has been damaged by fire,earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse,or to become detached or dislodged." The property meets the definition of Dangerous structure due to the severity of the fire damage, and the loss of structural integrity. Both buildings are in imminent danger of collapse. 4. TMC 8.28.010 Declaration of 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..." kas Page 3 of 5 05/30/2013 W:\Code Enforce\Code Enf\2010\RFAI0-395(Gaskill-Dcbris,garbage,overgrowth)\RFAI0-395 Determination Findings&Order does The property meets the definition of Nuisance due to the degree of deterioration and dilapidation. It is unsafe, unsanitary,dangerous and unfit for occupancy. It is financially unreasonable to repair the structure. 5. TMC 8.28.030 Vacant Buildings,Structures and Premises. "...B...1. 'Abandoned Premises'means buildings, structures and premises for which an owner cannot be identified or located by dispatch of a-certificate of mailing to the last known or registered address, which persistently or repeatedly becomes unprotected or unsecured, or which have structural collapse or fire spread to adjacent properties...7. 'Vacant Building'means a building or structure that has not been occupied for over 30 days. 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;c. Condemned by the Code Official; d. Vacant 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; e. Not monitored and maintained in accordance with the 1PMC; f. Incomplete construction whereby the building permit has expired and the construction project has been abandoned for more than 30 days; g.An abandoned premises as defined in this section.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 plant 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...D. Declaration of Nuisance. Abandoned premises, chronic nuisance buildings or premises, vacant nuisance buildings and vacant nuisance properties are found and declared to be public nuisances." This property meets the definition of"Abandoned Premises"as the owner is deceased, no heirs have stepped forward, and property records do not reflect new ownership. The property meets the definition of"Vacant Building"as it has not been legally occupied since October 2010. The property meets the definition of"Vacant Nuisance Building"as it is vacant, unsecured,dilapidated and out of repair,dangerous, unsafe, unsanitary, unfit for occupancy. Further, notices to correct the conditions have not been corrected. The premises is not monitored and maintained according to the IPMC. Finally, it is an abandoned premise, as defined in this code. The property meets the definition of"Vacant Nuisance Premises"due to the accumulation of rubbish and garbage,overgrown weeds,unmaintained plant material. The premise is not maintained according to the IPMC. Notices to correct the violations have not been complied with. The property is therefore declared to be a Public Nuisance. kas Page 4 of 5 05/302013 W:\Code Enforce\Code Enl\2010\RFAI0-395(Gaskill-Debris,garbage,overgrowth)\RFA10-395 Determination Findings&Order.docx The property owner is hereby ordered to: 1. Demolish all structures on this property under a City-issued demolition permit not later than July 5,2013. 2. Remove and lawfully dispose of all demolition debris,garbage, rubbish,junk vehicles or other discarded items present on this property not later than July 5, 2013. 3. Trim all weeds, plant overgrowth and landscaping not later than July 5,2013. 4. Block vehicle access to this property to limit illegal dumping not later than July 5, 2013. 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 July 5,2013). 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, :iri-hryn,A.. Stetson, Kathryn A. Stetson City of Tukwila Improvement Officer kas Page 5 of 5 05/30/2013 W:\Code Enforce\Code Enf\2010\RFA10-395(Gaskill-Debris,garbage,overgrow,h)\RFA10395 Determination Findings&Order.docx