HomeMy WebLinkAbout2011 - Violation Notice and Order - Root Thomas - 20110110001013 Return Address:
City of Tukwila
ATTN: City Clerk
6200 Southcenter Blvd 20110110001013
Tukwila, WA 98188 CITY OF TUKUIL N 64.00
PAGE -001 OF 003
KING
01/10/2011
OUNTY, WA1
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
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1. VIOLATION NOTICE ORDER 2.
3. 4.
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1. CITY OF TUKWILA
2.
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Grantee(s) Exactly as name(s) appear on document
1. ROOT, THOMAS
2.
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BENNETTS INTERURBAN TRS UNREC
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assigned
PARCEL 073300 -0220
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o Jj� City of Tukwila Violation
Code Enforcement
6300 Southcenter Boulevard Notice And Order
1908 Tukwila, WA 98188
(206) 431 -3670 Tukwila Municipal Code
FAX: (206) 431 -3665 8. 45.050(D)
The undersigned City of Tukwila Code Enforcement Officer, hereby certifies and states that:
Violation Location: 3806 S. 116' St. File RFA09 477
Property Owner Name: Tom Root
Address: 3806S.116 Ih St. l
City /State /Zip: Tukwila, WA 98168 1
Vessel Owner Terrance Root 1
Address 1 4141 Ave. S. 1
City /State /zip: Kent, WA 98032 l
is in violation of Tukwila's Municipal Code (TMC),
RCW citations RCW 79.100.010 Definition of derelict- abandoned vessel. "Derelict vessel
means the vessel's owner is known and can be located, and exerts control of a
vessel that: has been moored, anchored or otherwise left in the waters of the state
or on public property [and] is sunk or in danger of sinking..."
RCW 79.100.030 Owner retains primary responsibility. "The primary
responsibility to remove a derelict... vessel belongs to the owner..."
WAC citation WAC 332 -52 -155 Anchorage. "...Persons shall not moor or anchor a vessel in
the same area on state -owned aquatic lands for periods longer than thirty
consecutive days or for more than a total of ninety days in any three hundred sixty
five day period. For purposes of [this section] "in the same area" means within a
radius of five miles of any location where the vessel was previously moored or
anchored.
Specifically On December 29, 2009, the Tukwila Fire Department responded to a call
regarding a boak sinking on the river near 116 and 38` Ave. S.
resulting in fuel spillage. Washington State Department of Ecology was
called and the boat's owner was told to float or remove the boat within
24 hours. The boat's owner confirmed that the boat had been moored at
this location for approximately three months and that he was occupying
the vessel as his dwelling.
The City has investigated this incident and determined that this vessel
meets the definition of derelict vessel under the laws of the state of
Washington and is further in violation of the WAC "Anchorage'
regulations by having been moored at this location for longer than 30 days.
WAC'ndP F.nfnrrP \C'ndP Fnf \7009 \RFA09 -477 Boat in river \RFA09 -477 Violation notice order.doc
Corrective Action required:
Compliance Date January 7, 2011
Corrective Action This vessel must be completely removed from this location. The owner is
responsible for moving to an authorized location (a marina) or removing
it completely from the water. The vessel may not be occupied as a
dwelling unit. If the vessel is to be stored at this location, it must be on a
boat trailer which is legally parked on an improved surface to meet the
requirements of Tukwila's parking regulations.
If the vessel is not removed from this location by January 25, 2010, the City
will take measures to obtain custody of the vessel and dispose of it. The
vessel owner may be responsible for the costs of this disposal.
Notice of Violation issued on following dates:
Issue Date January 12, 2010
FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO A MONETARY PENALTY OF UP TO $500 PER
DAY FOR EACH DAY THAT THE VIOLATION EXISTS UNDER THE PROVISIONS SET FORTH IN TMC 8.45.100(2).
Anneal 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 or appellants;
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 and in all other zones is $200.00. Fees must
accompany the written notice of appeal.
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.
Signed: zrj Today's date: December 27, 2010
Name: Kathryn A. Stetson Phone: 206/431 -3682
Title: Code Enforcement Officer Email: kstetson@ci.tukwila.wa.us
WACode Enforce \Code Enf \2009 \RFA09 -477 Boat in river \RFA09 -477 Violation notice order.doc