Loading...
HomeMy WebLinkAbout2014 - Decision and Order - Lewin Richard / Lewin Marcela - 20140507000617 , Return Address: CITY CLERK CITY OF TUKWILA 20140 5070006 I 7 6200 Southcenter Blvd. CAGE—OF TUKLI/L MISC—RER 78.00 Tukwila,WA 98188 05/07/2014Y 111:30 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 DECISION 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 RICHARD AND MARCELA LEWIN 2. Additional names on page of document. Legal description(abbreviated: i.e.lot,block,plat or section,township,range) 20140127000540 Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned 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 ��A@ °6 Z�4 BEFORE THE HEARING EXAMINER k"1w` ,,“1_‘ CITY OF TUKWILA c(N. NC In th'latter of the Appeal of Reference Number: RICHARD AND MARCELA LEWIN RFA-12-248 From a Notice and Order of Violation issued by the City of Tukwila Code Enforcement Officer DECISION AND ORDER Introduction On January 13, 2014, Tukwila Code Enforcement Officer Mary Hulvey issued a Violation Notice and Order to Richard P. Lewin and Marcela D. Lewin. The Notice identified the violation location as 12840 33`d Place S., Tukwila, WA and identified a violation of TMC 8.45.030.B, in that no building permits of record existed for the addition to the subject structure on its west side or the covered deck on the east and rear sides of the structure. The Notice identified the following corrective actions to be taken by January 27,2014: to submit a building permit for all of the additions, or to obtain a building permit for all of the additions, and to call for a building inspection of the additions. The Lewins filed an appeal of the Notice on January 21, 2014. A hearing was set for February 11, 2014 before the undersigned Hearing Examiner. On that day, prior to the time for hearing,the Lewins emailed Ms.Hulvey to advise that they would not be present at the hearing because of a conflicting medical appointment, and indicated that Mr. Lewin has terminal cancer. The owners also sent written materials to the Department. The Lewins did not appear at the hearing and did not request that the hearing be rescheduled. An order to show cause was issued on February 12, 2014, requiring the owners to clarify whether they intended to pursue the appeal,and whether they wanted to rely on their written submissions as their response to the Violation Notice. Under Hearing Examiner Rule 2.12,if both parties agree,the Examiner may decide a matter on the parties'written submissions. Stephanie Marsh, Mr. Lewin's daughter, submitted an email to the Department on February 20, 2014 on behalf of the Lewins. The email indicated that the Appellants wished to appeal the matter and have their written response considered. The Department submitted an email agreeing to have the matter decided on the written submissions of the parties, and the record was closed on February 25, 2014, following receipt of the Department's reply to the Lewins' response. Pursuant to HER 2.12,the written submissions of the parties were placed into the record, as noted below. For purposes of this decision, all section numbers refer to the Tukwila Municipal Code (TMC or Code) unless otherwise indicated. After due consideration of RFA-12-248 Violation Notice and Order Page 2 of 4 the evidence submitted by the parties, the following shall constitute the findings of fact, conclusions,and decision of the Hearing Examiner on this appeal. Findings of Fact 1. The subject property is addressed as 12840 33`d Place S., Tukwila. The property is developed with a single family structure and is owned by Richard and Marcela Lewin. 2. The City received a complaint on December 20,2012 that illegal construction was occurring on the property. Department of Community Development (Department) Inspector Martin viewed the property in response to the complaint, and saw that there was an addition to the house on the east side. However, the property owners did not allow the inspector to access the property in order to view the rear yard of the property. 3. Inspector Martin sent a letter to the property owners, dated December 20, 2012, advising them that the Department had received a complaint about ongoing unpermitted construction at the residence,and that a building permit was required in order to construct enlarge,repair or otherwise alter a building. 4. On January 13,2014,the Department received a complaint from a neighbor about illegal construction at the site, claiming that the owners had built a deck which intruded into the side setback area, and that the structure's living space had doubled in size, without building permits. 5. City Code Enforcement Officer Hulvey issued a Violation Notice and Order to the property owners on January 13,2014, citing a violation of TMC 8.45.030.B. The Notice and Order stated that there were no building permits of record for the"the addition to the structure on the West side or the covered deck on the East and back side of the structure." The Notice and Order required the owners to submit building permits for all additions or to obtain a building permit for all additions and call for a building inspection of the. additions,by January 27,2014. 6. The property owners appealed the Violation Notice and Order, and an appeal hearing was scheduled for February 11,2014. 7. The property owners did not appear at the hearing,but submitted written materials to the Department that day. The owners indicated they would not appear because of Mr. Lewin's cancer treatments and hospitalization, and that Mr. Lewin is ill and has been diagnosed with terminal cancer. The parties subsequently agreed to have the matter decided on written submissions, pursuant to HER 2.12. All filings by the parties have been added to the record on this matter,and are listed at the end of this decision. 8. The property owners' written submissions state that Richard Lewin purchased the house in 2001. Repairs to the house and deck were performed in 2013 after some trees RFA-12-248 Violation Notice and Order Page 3 of 4 on neighboring properties fell onto the property. The property owners also assert that the complaining neighbor purchased her property in 2011 and that the neighbor and her boyfriend have been harassing the property owners in order to force the property owners to move out,so that the neighbor can acquire the Lewins'property. 9. The Department's written submission asserted that the City issued a license for an Accessory Dwelling Unit (ADU) at the structure, and that the ADU was built without building, plumbing or electric permits. The City also contended that there were renters residing in the residence,raising concerns about life/safety hazards in the structure. 10. TMC 8.45.030.B provides: "It is unlawful for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished, any structure, land, or property within the City in any manner that is not permitted by the terms of any permit or authorization issued pursuant to the applicable provisions of the Tukwila Municipal Code." Conclusions 1. The Hearing Examiner has jurisdiction over this matter pursuant to TMC 8.45.090. 2. The King County records and photographs submitted by the Department show that the house has been enlarged, with an addition to the structure on the west side and the covered deck on the east and back side of the structure. 3. The property owners state that Mr. Lewin purchased the property"as-is"in 2001, but they have submitted no documents which show that permits for the covered deck and the addition to the house were ever obtained. The property owners point to repairs done in 2013, but the fact that the deck was in existence at that time and that repairs were performed, does not show that the deck was legally permitted when originally constructed. The other evidence submitted by the owners,including complaints about the adjoining neighbor,Marcela Lewin's statement that the house has not been changed since she took title in 2009 and other submittals,fail to establish that the addition to the house and the covered deck were constructed under permits or were otherwise legally authorized. 4. The record shows that the existing covered deck and addition to the house's west side were constructed without required permits, in violation of TMC 8.45.030.B. Therefore, the Violation Notice and Order issued to Richard Lewin and Marcela Lewin must be sustained. The Violation Notice and Order set a compliance deadline of 60 days from the Hearing Examiner's Order, which is reasonable. However,the Department will be authorized to extend that deadline as it deems necessary. RFA-12-248 Violation Notice and Order Page 4 of 4 5. The potential violation concerning the claimed ADU at the structure, referenced by the Department in its reply, was not identified as a basis for the original Violation Notice and Order,and has not been considered as part of this decision. Decision and Order Violation Notice and Order RFA 12-248/LDR issued to Richard Lewin and Marcela Lewin is hereby sustained. Within sixty(60)days of this order,unless a later deadline is established by the Department: (1) all unpermitted work including, but not limited to, exterior decks, roofs, and interior remolding of the basement, must obtain appropriate permits,and(2)all unpermitted work must obtain all the required inspections. Entered this 4th day of March,2014. /L-11-'r—f"'-- Anne Watanabe Tukwila Hearing Examiner Exhibits in the record: Department: Staff Report dated January 22,2014,with attachments 1-9 Department email from Mary Hulvey,dated February 24,2014 Appellants: Materials submitted on February 11, 2014 (copy of January 22, 2014 staff report with notations and added materials Email from Stephanie Marsh on behalf of the Lewins,dated February 20,2014 Concerning Further Review TMC 8.45.090.E provides that: "The decision of the Hearing Examiner shall be final and conclusive unless appealed. In order to appeal the decision of the Hearing Examiner, a person with standing to appeal must file a land use petition,as provided in RCW 36.70C (Land Use Petition Act), within 21 days of the issuance of the Hearing Examiner's decision. The cost for transcription of all records ordered certified by the superior court for such review shall be borne by the appellant."