HomeMy WebLinkAbout2010 - Determination - Extine Warren / Extine Cassandra - 20100820001396 Return Address:
CITY OF TUKWILA 20100820001396
ATTN: CITY CLERK CITY OF TUKWIL MISC 66.00
6200 SOUTHCENTER BLVD. PAGE -001 OF 005
08/20/2010 14:49
TUKWILA, WA 98188 KING COUNTY, WA
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L DETERMINATION, FINDING OF FACT, 2.
ORDER OF THE CITY OF TUKWILA IMPROVEMENT OFFICER
3. 4.
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1. CITY OF TUKWILA
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1. EXTINE, WARREN CASSANDRA
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HILLMANS MEADOW GARDENS DIV X61
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PARCEL NO. 3347400265
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City of Tukwila Jim Haggerton, Muvor
Department of Community Development Jack Pace, Director
DETERMINATION, FINDINGS OF FACT, AND ORDER
OF THE
CITY OF TUKWILA IMPROVEMENT OFFICER
DATE: August 6, 2010
TO: Cassandra Extine Warren Extine
11854 42 Ave S. 6249 Flora Ave.
Tukwila, WA 98168 Seattle, WA 98108
RE: 11854 42 Ave. S
Tukwila, WA 98168
Parcel 3347400265 "Subject Property')
CASE NO.: RFA10 -284
VIOLATION: International Property Maintenance Code (IPMC)
IPMC 108.1.3 Structure unfit for human occupancy
IPMC 505.1 Water Systems
SUMMARY OF HEARING
On August 6, 2010, at 2:00 p.m., 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
Mary Hulvey, Code Enforcement Officer
Bob Benedicto, Building Official
Property owner did not appear at the hearing.
RFA10 -284 Extine Property)
Determination
Page 2 of 4
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 Findings
of Facts:
1. The 2003 International Property Maintenance Code was adopted by the City of Tukwila in
2004 as the housing and property maintenance code (TMC 8.28.020).
2. On June 22, 2010 Code Enforcement Officer Mary Hulvey was notified by Tukwila Police
officer Rory Mifflin that Cassandra Extine was stealing water from a neighbor. Officer
Hulvey verified with Finance that water service to this residence had been shut off due to
lack of payment for the previous four months (since February 2010).
3. On June 22, 2010 Officer Hulvey issued and posted an Order Prohibiting Occupancy and
Complaint of Unfit Building establishing a hearing date of July 9, 2010 citing the following
violations: IPMC 505.1 Water System and IPMC 108.1.3 Structure unfit for human
occupancy.
4. On June 23, 2010 property owner Cassandra Extine spoke to Human Services
representatives about assistance with her outstanding water bill. An appointment was set
for June 25, 2010 to meet with the provider to obtain the assistance. Based on the
appointment and the belief that the payment would be made, Human Services contacted the
City water department and water service was restored that day.
5. The Order Prohibiting Occupancy was removed when the water service was restored. The
hearing was cancelled.
6. On June 28, 2010, Officer Hulvey was notified that Ms. Extine failed to keep the
appointment on the 25" Contact was made with Ms. Extine and a new appointment was
set for July 1, 2010. Ms. Extine failed to keep the second appointment.
7. On July 2, 2010 Officer Hulvey was notified that a third (and final) appointment was set with
Ms. Extine for July 7, 2010. She also failed to keep this appointment.
8. On July 9, 2010 Officer Hulvey notified Finance that Ms. Extine failed to keep the
appointments with the provider. Finance confirmed that the outstanding amount had not
been paid.
9. On July 12, 2010 water service was again shut off by City of Tukwila water department.
10. On July 13, 2010 Officer Hulvey issued and posted an Order Prohibiting Occupancy and
another Complaint of Unfit Building establishing the hearing date of August 6, 2010 at 2:00
pm. The violations noted were: IPMC 505.1 Water system, and IPMC 108.1.3 Structure
unfit for human occupancy.
11. On August 2, 2010 Officer Hulvey was notified by Tukwila Police and Fire that the structure
had been broken into several times and was currently unsecured. The interior of the
structure had been ransacked.
12. On August 3, 2010 Officer Hulvey inspected the property and found many broken windows,
trash and debris inside the house and on the property. There are multiple junk vehicles on
the property. The exterior stairs are decayed on both front and back. The house is
unsecured with doors standing open. The property appears vacant and abandoned.
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:
The following codes were cited in the violation notices:
RFA10 -284 (Extine Property)
Determination
Page 3 of 4
IPMC 505.1 Water systems. Every sink, lavatory, bathtub or shower, drinking fountain,
water closet or other plumbing fixture shall be properly connected to wither a public water
system or to an approved private water system. All kitchen sinks, lavatories, laundry
facilities, bathtubs and showers shall be supplied with hot or tempered and cold running
water in accordance with the International Plumbing code.
IPMC 108.1.3 Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the code official finds that such structure is unsafe, unlawful or,
because of the degree to which the structure is in disrepair or lacks maintenance, is
insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment required by this
code, or because the location of the structure constitutes a hazard to the occupants of the
structure or to the public.
1. The property is currently without water service as required by IPMC 505.1. Lack of water
service makes this structure unfit for human occupancy due to lack of required sanitary
facilities.
2. The structure is unsecured with multiple broken windows and exterior doors standing open
and unlocked, meeting the definition of "unfit" in IPMC 108.1.3.
3. Both the front and rear exterior steps are decayed and dangerous meeting the definition of
"unfit" in IPMC 108.1.3.
4. What can be seen of the interior of the structure shows accumulation of debris, broken
wallboard, and general disarray meeting the definition of "unfit" IPMC 108.1.3
5. The property appears to be vacant and abandoned.
Based on the above findings, the Improvement Officer has determined that this structure is Unfit
for human occupancy as specified in IPMC 108.1.3.
Because the structure is unfit for occupancy and apparently vacant or abandoned, the following
additional regulations apply:
1. IPMC 108.2 Closing of vacant structures. "If the structure is vacant and unfit for human
habitation and occupancy, and is not -in danger of structural collapse, the code official is
authorized to post a placard of condemnation on the premises and order the structure
closed up so as not to be an attractive nuisance..."
2. TMC 8.28.030(B) Vacant Structures. Appearance. "...shall... appear to be occupied
3. TMC 8.28.030(C) Vacant Structures. Security. "All vacant buildings shall at all times be
secured against outside entry, which shall include the provision of windows and doors with
adequate strength to resist intrusion..."
4. TMC 8.28.030(G) Vacant Structures. Termination of Utilities. "The Code Official may,
by written notice to the owner and to the appropriate water, electricity or gas utility, request
that water, electricity or gas service to a vacant building be terminated or disconnected."
5. TMC 8.28.010(B) Nuisances. "The following are declared to be public nuisances: buildings
and structures that are determined by the City's Building Official to be vacant and so old,
dilapidated or have become so out of repair as to be dangerous, unsafe, unsanitary, or
otherwise unfit for human habitation or occupancy..."
The property owner is hereby order to:
1. Secure the entire structure against unlawful entry not later than September 12, 2010:
a. Windows must be replaced with in -tact glazing and locked, or covered with -inch
plywood cut to fit openings and secured with three -inch screws every six inches
around entire perimeter of the board.
RFA10 -284 (Extine Property)
Determination
Page 4 of 4
b. Doors must be secured with locks and be capable of withstanding intrusion. Doors
may be secured by means of'/ -inch plywood coverings cut to fit openings and
secured with three -inch screws every six inches around entire perimeter of the
board. One door, preferably the front door, must remain openable but securely
locked.
2. Terminate all utilities to this structure not later than September 12, 2010.
3. Remove or repair the decayed and dangerous exterior stairs in front and back not later than
September 12, 2010.
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 September 12, 2010). 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,
Kxd� a,
Kathryn A. Stetson
City of Tukwila Improvement Officer