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Home My WebLink About2014 - Determination - Zerai Abraha - 20140404000957 Return Address: CITY CLERK CITY OF TUKWILA 6200 Southcenter Blvd. 20140404000957 Tukwila,WA 98188 CITY OF TUKWIL MISC—RER 78.00 PAGE-001 OF 005 04/04/2014 15:03 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,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 ABRAHA ZERAI 2. Additional names on page of document. Legal description(abbreviated: i.e. lot,block,plat or section,township,range) 14422 THIRTY FOURTH SOUTH CONDO-ALL UNITS Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned c059 no - ono5 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 1- i j J`I'B i4• \' P � s 7 V \ City of Tukwila Jim Haggerton,Mayor -.0,7;310' . g Department of Community Development Jack Pace,Director \19 / ' ' DETERMINATION, FINDINGS OF FACT, AND ORDER OF THE • I CITY OF TUKWILA BUILDING OFFICIAL DATE: March 24,2014 TO: Abraha Zerai, Property Owner of Record RE: 14422 34 Avenue South Tukwila,WA 98168 Parcel#: (639110-0000)(Legally Described as: 14422 THIRTY FOURTH SOUTH (0005)CONDOMINIUM ALL UNITS CASE NO.: RHP13-0523—Complaint of Unfit Building PROPERTY LOCATION: 14422 34 Avenue South,Tukwila, WA SUMMARY OF MEETING On March, 14,2014,at 1:00 p.m.,the City of Tukwila Building Official conducted a meeting to determine facts pertaining to the case referenced above. In attendance at the meeting were the property owner and his representative/Attorney and City code enforcement staff with specific knowledge of the facts pertaining to this case. The following City of Tukwila staff attended the hearing: Kathryn Stetson,Code Enforcement Officer Mitch Nickolds, Building Official Rachel Turpin,Asst.City Attorney Hoa Mai,Administrative Support Technician Representing the property owner: Abraha Zerai, Property Owner Don Atwood,A.C.Associates 6300 Southcenter Boulevard,Suite#100•Tukwila, Washington 98188• Phone 206-431-3670 • Fax:206-431-3665 FINDINGS OF FACT This matter, having come before the Building Official for a compliance review on March 14,2014, the Building Official having reviewed the files and records herein and having received the oral testimony offered,and being fully advised, NOW,THEREFORE,finds: 1) A City of Tukwila Code Enforcement Officer, encountered certain plumbing, structural and electrical deficiencies while inspecting rental dwelling units No. 1 and No.3 within the building located at 14422 34th Avenue South, Tukwila, Washington. 2) That the City properly notified Abraha Zerai of the deficiencies (an unfit building and failing a rental unit inspection by 25 points or more) and asked that they be corrected. 3) That the conditions cited within the Complaint of Unfit Building were found, by a preponderance of evidence,to be violations of the Tukwila Municipal Code. 4) The cited deficiencies that render the dwelling unsafe to occupy include: i) Unsafe stairs (handrail). ii) Lack of hot and cold running water to all fixtures). iii) Accumulation of mold. iv) Accumulated weeds in excess of 24" v) Defective wall surfaces vi) Improperly vented stove 5) Actions were taken by the code enforcement officer to notify the property owner to vacate the unsafe apartments. 6) The owner of the property has initiated repairs to address a number of violations including purchasing necessary building permits to repair deficient plumbing, structural and electrical systems in the apartments and stairway. kas Page 2 of 4 03/28/2014 C:\Users\tnitch-n\Code Enforcement\Deteamination Findings Order(ZARAI)3 24 14.docx ' - a Determination and Order 1) It is hereby determined the following violations of the Tukwila Municipal Code (TMC)have occurred on the above described property: (i) TMC Section 5.06.070(B)—Rental Inspection Deficiency Point System (ii) TMC Section 5.06.010 Notice of Non-Issuance of Certificate of Compliance 2) It is hereby ordered that action to correct said violations of the Tukwila Municipal. Code must be taken by Abraha Zerai and that the violations be abated by: (i) TMC 8.28.020 —permitting an inspection of the premises by the Building Official or his designee no later than April 17, 2014, to determine if the work necessary to repair the deficiencies noted in Item 4 of the Findings of Fact have been satisfactorily repaired, and the cumulative total for rental unit point deficiency points is less than 25 for each unit; or, (ii) Vacating the aforesaid unfit rental units (Apt No 1 and Apart No 3) until such time a City of Tukwila code enforcement officer has verified the required repairs have been made and the units may be re-inhabited. 3) It is further ordered that, should it become necessary, any costs incurred by the City of Tukwila in the relocation of tenants found residing in unfit dwelling shall be reimbursed by the property owner within sixty(60)days of the date costs were incurred. 4) Should Abraha Zerai fail to abate the violations by April 17, 2014, as required, the City of Tukwila may initiate legal proceedings as may be needed to'vacate and secure the premises from unlawful entry;and,that 5) A single extension of the abatement period for up to thirty (30) days may be authorized by the Building Official upon submission of a written request, and evidence of substantial progress in the abatement of the cited conditions. kas Page 3 of 4 03/28/2014 C:\Users\mitch-n\Code Pnforcement\Determination Findings Order(ZARAI)3 24 14.docx 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 and not later than April 27,2014. 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 Building Official,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 Building Official 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, itch ickolds,CBO City of Tukwila, Building Official Xc. Don Atwood,A.C.Associates Rachel Turpin,Asst. City Attorney Kathy Stetson,Code Enforcement Officer Hoa Mai,Administrative Support Technician kas Page 4 of 4 03/26/2014 C:\Users'mitch-n\Code Enforcement\Detennination Findings Order(ZARA1)3 24 14.docx