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Home My WebLink About2014 - Violation Notice and Order - AGED LLC - 20141125000601 Return Address: CITY CLERK CITY OF TUKWILA 6200 Southcenter Blvd. Tukwila,WA 98188 ?Pi 014 125000601 TY OF TUKWIL C 75.0AGE-001 OF 004 INGSCOUNTYIIWA 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. Violation Notice&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 I City of Tukwila 2. Additional names on page of document. Grantee(s) Exactly as name(s)appear on document 1. AGED, LLC 2. Additional names on page of document. Legal description(abbreviated: i.e.lot,block,plat or section,township,range) HILLMANS MEADOW GARDENS DIV#2 LOT 174 TGW LOT 236 THRU LOT 250 LESS ST HWY LESS O W RY&NAV CO RAN TGW POR OF E 1/2 OF SW 1/4 OF SEC 03-23-04 LT MELT OF O W RY 8 NAV CO RAM 8 SW OF PSH#1 8 S OF IN RNG N 88-35.13 W FR PT 332.8 FT N MEAS ALG E LN OF SE COR OF NW 1/4 OF SE 114 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 AZ) 1r", 44y City of Tukwila Violation Notice and Order ` '`"'o y Code En f orcement TMC § 8.45.050(D) to ,9 6300 Southcenter Boulevard rt'_. ' Tukwila, WA 98188 (206)431-3671 FAX:(206)431-3665 www.tukwilawa.gov 10/27/2014 File#: CE14-0439 Violation Location: 4113 S BOEING ACCESS RD AGED,LLC APN 3348401890 11414 BELLA COOLA RD WOODWAY,WA 98020 DANIEL ASSEFA DAN I E L @PRO-USA-LLC.COM TMC 8.45.030.E.2 Failure to comply with TMC regulations TMC 8.28.020 International Property Maintenance Code Adoption(IPMC) Violation#1 SENSITIVE AREAS VIOLATIONS-Illegal work within a wetland and wetland buffer area Code Reference: TMC 18.45.030 No person,company,agency,or applicant shall alter a sensitive area or buffer except as consistent with the purposes and requirements of TMC Chapter 18.45.(TMC 18.45 enclosed for your reference) Wetlands are included under WAC 197-11-756 as"Lands covered by water."Any work within lands covered by water requires SEPA review per WAC 197-11-800. No permits have been submitted for any of the work that has been done on parcel #3348401890 and the work that has been done cannot be approved under City and state regulations. Violation#2 GRADING Code Reference: TMC 16.54 Grading 1. Chapter 16.54.050-A permit is required for all grading activities occurring within the City limits. 2. Chapter 16.54.060-All grading activities require erosion prevention and sediment control measures. 3. Tukwila Infrastructure Design and Construction Standards 5.4. Any project that clears one or more acres must provide proof of an NPDES Construction permit issued by the Department of Ecology. Compliance Date/ 1. Immediately/October 31,2014: As you were informed by the City,provide Corrective Action: erosion control measures such as silt fence and cover the cleared area with straw. 2. November 7,2014: Submit an application for the grading activity. This application can be assessed on-line at htto://www.tukwilawa.gov/dcd/apps/PublicWorksPermitA.pplication.pdf. The application shall clearly show the extent of the illegal clearing,grade and fill amounts,and the temporary erosion control measures taken.Also,provide a copy of the NPDES permit from the Department of Ecology.If no such permit was obtained then apply for this permit. 3. November 14,2014: Submit a wetland delineation report and an assessment by a qualified wetland biologist of the impact to the sensitive areas by the illegal clearing.The report shall also include a mitigation plan to restore the wetland and the wetland buffer area to its pre-existing condition(before the illegal clearing occurred).This report shall be submitted as part of the grading permit. Attached is information that must be included in the wetland delineation report and assessment. • 4. November 30,2014: The mitigation plan,including the plantings approved under the grading permit,shall be installed. Please note that the property owner will be responsible for planting and maintaining the new plantings for a minimum of five years. 5. If the proposal is to request a buffer reduction,then a Special Permission application is also required and the mitigation plan should include an analysis of how the request for wetland buffer reduction meets TMC 18.45.080(F). This application can be accessed on-line at http://www.tukwilawa.govidcd/apps/SPDirectorpdf 6. Contact Public Works Dept.at 206-433-7184 regarding a grading permit. FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO A MONETARY PENALTY OF UP TO$500 PER DAY PER VIOLATION FOR EACH DAY THAT THE VIOLATION EXISTS PER TMC 8.45.100(2). Appeal Provisions A person may,within ten days of receipt of this notice,file with the City Clerk a written notice of appeal containing the following: 1. A heading with the words:"Before the Hearing Officer of the City of Tukwila" 2. A caption reading:"Appeal of "giving the names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of each of the appellants in the property involved in the notice and order. 4. A brief statement of the specific order or action protested,together with any material facts claimed to support the contentions of the appellant(s). 5. A brief statement of the relief sought,and the reasons why it is claimed that the notice and order should be reversed,modified,or otherwise set aside. 6. The signature of all persons named as appellants and their official mailing addresses. 7. The verification(by declaration under penalty of perjury)of each appellant as to the truth of the matters stated in the appeal. 8. The appeal fee for violations in the LDR zone is$100.00. All other zones$200.00. Fees must accompany the written notice of appeals. Failure to appeal this Violation Notice and Order shall constitute a waiver of all rights to any additional administrative hearings. Failure to respond may result in the matter being forwarded to the City Attorney for further action. - Code Enforcement Officer: f 11 • ( I 1 Hoa Mai Telephone: (206)-431-2164 Email: Hoa.mai@tukwilawa.gov Enclosures: