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Home My WebLink About2014 - Determination - Rust Joseph P - 20140409001114 Return Address: CITY CLERK CITY OF TUKWILA 6200 Southcenter Blvd. 0 I I Tukwila,WA 98188 20140409001114 CITY OF TUKWIL MISC—RER 77.00 PAGE-001 OF 006 04/09/2014 16:24 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. JOSEPH P. RUST 2. Additional names on page of document. Legal description(abbreviated: i.e. lot,block,plat or section,township,range) LEGAL DESCRIPTION ON ADDITIONAL PAGE Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned k(co - (1-2A(/) 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 LEGAL DESCRIPTION LOT 2, BLOCK 6, RIVERTON ACRE TRACTS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 100, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 70 FEET THEREOF;EXCEPT THE EAST 200 FEET THEREOF; EXCEPT THE NORTH 30 FEET THEREOF; AND EXCEPT THE PORTION CONVEYED TO KING CO. FOR ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 2649131, SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL NO. 734660-0276 o \ City of Tukwila Jim Haggerton,Mayor J y ��\� 2 Department of Community Development Jack Pace, Director 1908 DETERMINATION, FINDINGS OF FACT, AND ORDER OF THE CITY OF TUKWILA BUILDING OFFICIAL DATE: March 24, 2014 TO: Joseph P. Rust, Property Owner of Record RE: 13204 Military Road S Tukwila,WA 98168 Parcel#: (734660-0276) (Legally Described as: RIVERTON ACRE TRS LESS S 70 FT LESS E 200 FT LESS N 30 FT LESS RD Plat Block: 6 Plat Lot: 2 CASE NO.: CE14-0042—Complaint of Unfit Building PROPERTY LOCATION: 13204 Military Road South,Tukwila,WA SUMMARY OF MEETING On March, 7, 2014, at 10:00 a.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: Joseph P. Rust, Property Owner Brian Hannis, Attorney 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 7, 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 inspected portions of the building at invitation of an authorized tenant who resided in an "apartment"maintained within the basement of the single-family dwelling. 2) That the City properly notified Joseph P. Rust of the violations and asked that they be corrected. 3) That the cited 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 conditions that render the dwelling unsafe to occupy include: i) Lack of adequate emergency egress from sleeping rooms. ii) Lack of required smoke alarms and carbon monoxide detectors. iii) Unpermitted construction and occupancy conversion (adding sleeping rooms and kitchen in portions of existing basement and detached garage). 5) The residence has not been not been licensed as a residential rental dwelling by the City of Tukwila. 6) Actions were taken by the code enforcement officer to vacate the unsafe structure. 7) The owner of the property has not re-occupied of the home and it remains vacant at this time. kas Page 2 of 4 03/24/2014 W:\Code Enforce\Code Enf\2014\CEI4-0042(Rust-Boarding house)\Determination Findings Order(RUST)3 17 I4--RBT 3 18 14.docx 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 8.28.020—International Property Maintenance Code Section 108.1.4 (maintenance of an unsafe dwelling and unlawful structure). (ii) TMC Section 8.28.020—International Property Maintenance Code Section 108.1.5.(9) (maintaining a dangerous structure or premises). 2) It is hereby ordered that action to correct said violations of the Tukwila Municipal Code must be taken by the property owner(Joseph P. Rust), and that the violations be abated by: (i) TMC 8.28.020 —permitting an inspection of the premises by the Building Official no later than April 7, 2014, to determine the scope of work necessary to remove all unpermitted improvements to the residence; and, (ii) To remove the unpermitted improvements so as to restore the home in conformance with existing King County Property Assessor improvement records (a single-family residence with 5 bedrooms, three full bathrooms, a single kitchen, 1,090 sq. ft. of finished basement and a 340 sq. ft. garage (accessible to vehicles). 3) It is further ordered that all costs incurred by the City of Tukwila in the relocation of tenants found residing in the unsafe dwelling must be reimbursed by Joseph P. Rust within sixty (60) days of the date of this order; and, 4) It is further ordered that Joseph P. Rust shall not use or permit occupancy of the subject dwelling and premises until such time as the City of Tukwila Building Official has verified all required corrective actions have occurred; and, that 5) Should Joseph P. Rust fail to abate the violations within thirty (30) days as required, the City of Tukwila may initiate legal proceedings as may be needed to secure the premises from unlawful entry; and,that 6) 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 03/24/2014 W:\Code Enforce\Code Enf\2014\CE14-0042(Rust-Boarding house)\Determination Findings Order(RUST)3 17 14--RBT 3 18 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, //r Mitch Nickolds, CBO City of Tukwila , Building Official Xc. Brain Hannis, Attorney Rachel Turpin, Asst. City Attorney Kathy Stetson, Code Enforcement Officer • Hoa Mai, Administrative Support Technician kas Page 4 of 4 03/24/2014 W:\Code Enforce\Code Enf\2014\CEI4-0042(Rust-Boarding house)\Determination Findings Order(RUST)3 17 14--RBT 3 18 14.docx