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HomeMy WebLinkAboutCAP 2015-08-10 Item 2A - Update - Code Enforcement AbatementCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Director of Dept. of Community Development BY: Hoa Mai, Code Enforcement Officer DATE: August 10, 2015 SUBJECT: Update - Code Enforcement Abatement ISSUE Status update on Code Enforcement abatement cases. BACKGROUND Abatement is a process the City uses to abate nuisances or code violations when a property owner defaults on a Voluntary Correction Agreement (VCA), or compliance is not met by the compliance date on a Violation Notice and Order, or a written decision issued by the City's Hearing Examiner has not been complied. In some cases, the nuisances or code violations are subject to summary abatement. There are three types of abatements that the City has completed: 1. Abatement by property owners. 2. Abatement by the City. (A property lien is placed against the property upon completion of work.) 3. Abatement that requires Council approval. These cases require the City to take further legal actions against the property owners and require Superior Court approval. (A tax lien is placed against the property upon completion of work.) Code Enforcement primary attempts to work with the owner of the property to achieve code compliance. The code violation is explained to the owner in detail in order to achieve a voluntary abatement agreement. Once an understanding is reached follow -up inspections are made in a timely manner. If compliance is not agreed upon or, the voluntary abatement agreement is not pursued, then progressive legal procedures are followed to obtain compliance. In 2014, Council approved an additional Code Enforcement Officer to address the backlog of abatement cases. In March 2015, this position was filled. On January 20, 2015, at Executive Session, Council authorized court action on 5 Code Enforcement cases. We have been making progress on these cases as well as others (see attachment). • RFA11 -093 (14234 53rd Av S) — property owner has made significant improvement, close to being closed (see before /after photos in attachment). • RFA09 -345 (15026 42nd Av S) — property owner is taking some action to clean up the property. We will be monitoring progress. • RFA13 -044 (15436 42nd Av S) and RFA12 -207 (4108 S 150th St) — Violation Notices & Orders have been prepared and awaiting for City Attorney's review. • RFA13 -085 (4059 S 158th St) — property owner removed overgrowth, weeds, rubbish and debris. Issue of vacant structure still needs to be addressed. • Other progress being made (see attachment). INFORMATIONAL MEMO Page 2 From January 2015 — June 2015, Code Enforcement was able to resolve 14 abatement cases: • 10 by property owners & 4 by the City In 2014, we completed 7 abatements by property owners. And in 2013, we completed 1 abatement by the City. NEXT STEPS Once we complete the 5 cases that were approved by City Council in January 2015, we will once again seek Council approval for additional abatement cases. The following are possible cases: 1. RFA13 -262 (13217 40th Av S) 2. RFA13 -263 (4033 S 128" St) 3. RFA05 -039 (14032 35th Av S) 4. CE14 -0024 (15808 44211 Av S) RECOMMENDATION Information only ATTACHMENTS STATUS UPDATE ON ABATEMENT CASES 2 INFORMATIONAL MEMO Page 3 STATUS UPDATE ON ABATEMENT CASES Abatements by Property Owners Properties that were abated by property owners and /or banks as a result of arduous efforts by Code Enforcement. 1. RFA10 -39S / 15010 Macadam Rd S 2. RFA12 -273 / 13112 Military Rd S 3. RFA12 -326 / 14426 42 "d Av S 4. RFA12 -399 / 5155 S 160th St 5. RFA13 -080 / 14209 58th Av S 6. RFA13 -109 / 14935 Interurban Av S 7. RFA13 -122 / 4321 S 140th St 8. RFA13 -159 / 4044 S 152nd St 9. RFA13 -265 / 11837 44th Av S 10. CE14 -0018 / 3756 S 152nd St 11. CE14 -0089 / 13862 381h Av S 12. CE14 -0210 / 148012 42nd Av S 13. CE14 -0216 / 12834 34th AV s 14. CE14 -0217 / 12909 E Marginal Wy S 15. CE14 -0275 / 4232 S 164th St 16. CE14 -0278 / 4236 S 164th St 17. CE15 -0053 / 16659 53`d Av S Abatements by City Properties that the City abated and property liens were assessed. All these were abated in 2015. 1. RFA12 -168 / 12221 44th Av S 2. CE14 -0028 / 3417 S 144th St (lien has been paid back) 3. CE14 -0219 / 13862 38th Av S 4. CE12 -090 / 13521 Macadam Rd S 3 INFORMATIONAL MEMO Page 4 Abatement Cases Approved by Council in January 2015 1. RFA11 -093 / 14234 53RD AV S Owner of record: Pham Issue(s): Rubbish, junk vehicles, parking, no rental license Status: A Violation Notice & Order was re- issued on 04.20.2015. Property owner and tenants have made significant improvements. Code Enforcement is still working with owner on cleaning up the rest. City Attorney will mostly likely not take any action since the property owner is taking responsibility. Photo taken 06.2015 2. RFA13 -044 / 15436 42nd AV S Owner of record: Apostolic Assembly of the Faith in Christ Jesus Issue(s): Collapsed structure, overgrowth, graffiti Status: Violation Notice and Order awaiting for review by the City Attorney. 3. RFA12 -207 / 4108 S 1501h St Owner of record: Douglas Cottrill Issue(s): Overgrowth, junk vehicles, deteriorating structure Status: Violation Notice and Order awaiting for review by the City Attorney. 4. RFA13 -085 / 4059 S 158th St Owner of record: Thelma Baldridge Issue(s): Vacant /deteriorating structure, overgrowth, debris, graffiti Status: Property owner has cut and removed overgrowth and rubbish. The issue of deteriorating structure will be addressed. 5. RFA09 -345 / 15026 42nd AV S Owner of record: Wen Wu Lee Issue(s): Overgrowth, rubbish, graffiti, unfinished construction, vacant structure, default of Voluntary Correction Agreement Status: Graffiti removed, overgrowth is being worked on by property owner. City Attorney has filed, and granted, an Order of Default and Permanent Injunction with Superior Court. El INFORMATIONAL MEMO Page 5 Future Abatement Cases for Council Aooroval Once Code Enforcement has completed the 5 cases that were approved by Council in Jan. 2015, we will request for additional abatement approval from City Council. The following properties are possible cases that we recommend for future Council approval. We believe that these will be time - consuming and difficult to resolve but, still need to be addressed. 1. RFA13 -262 / 13217 40th AV S Owner of record: Jackie Dempere Issue(s): Incomplete construction of a two -story addition to existing residence, expired permits • The first building permit was issued in 2006, there have been multiple extensions given on permit D06 -110. • Work has ceased and construction project was abandoned. Recommendation: Issue Violation Notice & Order to obtain permits to complete the construction or remove the addition, give 30 days to comply. 2. RFA13 -263 / 4033 S 1281h St Owner of record: Jackie Dempere Issue(s): Incomplete remodel of home, expired permits, overgrowth, rubbish • Remodel project started in 2003. • All permits have expired (D03 -216, D06 -317, D09 -071). • Work has ceased and project abandoned. • House is open to elements. Recommendation: Issue Violation Notice & Order to obtain permits to complete construction or secure structure, and cut /remove overgrowth and rubbish. 3. RFA05 -039 / 14032 35th AV S Owner of record: Clarice Savage Issue(s): Rubbish, junk vehicles, parking limitations, illegal wirings • Property was abated by the City in 2010. • Lien was released in 2014. • Rubbish, junk vehicles, and parking violations have come back in worse condition than before abatement. • Property owner has violated a permanent injunction set by Superior Court. • Possible foreclosure in progress. 4. CE14 -0024 / 15808 42nd AV S Owner of record: Anne Gillispie Issue(s): Weed overgrowth • Property owner is unable to maintain the property. 5