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CITY CLERK 20141212000092
CITY OF TUKWILA
CITY OF TUKWIL MISC 76.00
6200 Southcenter Blvd. PAGE-001 OF 005
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Tukwila,WA 98188 I
KNG G COUNTY WA
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1 Determination, Findings of Fact,and Order 2.
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1 City of Tukwila
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1. Paul Cun
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ADAMS HOME TRS BEG AT SE COR TH N 01-07-6 E ALG E LN 47 FT TH N 87-35-33 W 77
FT TH N 02-53-37 E 31 Plat Block 2-Plat Lot 2
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p -;,` Z City of Tukwila Jim Haggerton,Mayor
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a ' �" O Department of Community Development Jack Pace, Director
1908,
DETERMINATION, FINDINGS OF FACT, AND ORDER
OF THE
CITY OF TUKWILA IMPROVEMENT OFFICER
DATE: November 20, 2014
TO: Paul Cun
125 145th PI NE
Bellevue,WA 98007
RE: 14442 34th Ave S
Unit#3
Tukwila, WA 98168
Parcel#: 004000-0091("Subject Property")
CASE NO.: CE14-0458
SUMMARY OF HEARING
On November 17, 2014, at 10:00 am,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
Hoa Mai,Acting Code Enforcement Officer
Jerry Hight, Building Official
Representing the property owner:
Paul Cun, owner
6300 Southc•enter 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. Mr. Paul Cun is the property owner of the property addressed as 14442 34th Ave S.
The property is a four-plex occupied by tenants.
2. The property is registered with the City as a Residential Rental property.
3. The Residential Rental Licensing and Inspection Program requires each unit to pass
an inspection once every four years.
4. The subject property is located in Rental Inspection Zone 3. Zone 3 rental
inspection deadline was December 31, 2013.
5. The required inspection of Unit#3 has not been completed as of the date of this
hearing.
6. On the weekend of October 25-26, 2014,the Tukwila Fire Department was
dispatched to this unit because a portion of the kitchen ceiling had fallen, possibly
due to a water leak.
7. The Fire Department noted that the unit was infested with what appeared to be black
mold. Fire Department personnel documented the conditions with photographs,
which were provided to Code Enforcement. The photographs show black stains on
walls, floor, and furniture, as well as the portion of the ceiling that collapsed.
8. On October 31, 2014,two Tukwila Building Inspectors entered the unit to inspect the
damage. The inspector noted evidence of long-standing water leaks due to a
leaking roof. Inspector Carol Martin noted in her report that the exterior walls are
breached with water intrusion. Additional photographs were taken.
9. The photographs taken by the Tukwila building inspectors show black stains on
walls, ceilings and around electrical outlets and switches; buckets on the kitchen
floor to catch the leaks, and water stains and rot on the underside of the roof
sheathing which was exposed by the collapsed drywall in the kitchen.
10.On November 5, 2014, Unit 3 was posted as"Condemned—Unfit for Occupancy";
the"Complaint of Unfit Building"calling for the Hearing; and Notices to both Landlord
and Tenant about Relocation Assistance.
11.Mr. Cun stated at the hearing that he had repaired the roof leak with a patch and
sealing around the seams. He stated it has not leaked since these repairs were
completed. He did not obtain a building permit for these repairs.
12.Mr. Cun said that he had not yet repaired the drywall. Mr. Cun was ordered not to
repair this area until the required roofing inspections are completed.
13.Mr. Cun said that he had taken one of the switch plate covers to a lab for testing. He
provided a copy of the test results to the Building Official. The Building Official said
he would need to research the findings in order to understand the report.
14.Mr. Cun said that the tenants never notified him of any repair requests.
15.Mr. Cun said he decided not to renew their lease in July 2014 and served the
tenants with a 30 day notice to vacate the unit at the end of July.
16.Mr. Cun said that there was an incorrect date on the summons for the hearing and
he was required to refile and re-serve the tenants.
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17.Mr. Cun said that he sprayed the unit in early September, using"professional grade"
insecticide. He scheduled a followup treatment for October, but was denied access
by the tenants.
18.Mr. Cun confirmed that he is not licensed to apply commercial grade insecticide. He
stated that he disagreed with the building inspector's assessment of water intrusion.
He believes the wall stains are caused by the insecticide he applied in September.
19.Mr. Cun requested that the tenants vacate the unit by the end of September. The
tenants requested a one month extension, until October 31, 2014. Mr. Cun granted
the extension.
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. Unit#3 has not passed the required Rental Inspection by the deadline of December
31, 2013 in violation of TMC 5.06.050.
2. Because Unit#3 has not been inspected by the deadline of December 31, 2013, the
unit is Unfit for Occupancy, as required by TMC 5.06.120.
3. Due to the conditions inside the unit, it must be repaired and sanitized before the
required inspections can be completed.
The property owner is hereby ordered to:
1. Hire a licensed roofing contractor or a Washington State Licensed Home
Inspector to evaluate the overall condition of the roof and provide the City with a
written evaluation of the condition of the roof and recommendation. Inspection to
include the exterior of the roof AND the exposed underside of roof sheathing in the
kitchen. If additional repair or roof replacement is required, obtain a City of Tukwila
building permit BEFORE beginning the repairs. Obtain all required inspections and
final inspection approval. Per the Building Official all roof replacement and all roof
repairs to commercial buildings require a city-issued building permit.
2. Obtain the services of a lab to sample all areas of discoloration, mold, or insect
infestation to determine the extent and type of infestation. Provide a written report of
their findings to the City.
3. Obtain the services of a professional exterminator to evaluate and recommend
necessary treatment to abate the insect infestation. Provide a written report from the
exterminator regarding their recommendations,treatments performed and necessary
follow-up treatments in order to restore this unit to a habitable state while protecting
the remaining tenants in other units. Abate the infestation according to the
recommended protocol, using a professional licensed exterminator.
4. Obtain the services of a professional mold/water damage expert to evaluate and
recommend abatement procedures for the mold/water damage in this unit. Provide
a written report of this evaluation and recommendation. Abate the mold/water
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damage according to the recommendations. Obtain all required permits for these
repairs.
5. When all work is completed and all permits have received final inspection approval,
schedule the required Rental License Inspection.
6. The unit may not be occupied until all the above requirements are completed.
The City of Tukwila desires to achieve compliance with its codes no later than 90 days
from the date of the Improvement Officer's decision. Extensions of this deadline may be
granted upon written request, provided that the owner has demonstrated a good-faith
effort to comply, by submitting the evaluations and recommended abatement protocols
from the professionals hired to evaluate the roof, the insect infestation, the mold/water
damage, by the 90-day deadline.
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 12/21/14). 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,
144:414TO 0. Z
Kathryn A. Stetson
City of Tukwila Improvement Officer
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