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HomeMy WebLinkAbout2015 - Violation Notice and Order - Federal National Mortgage Association - 20150922000003Return Address: CITY CLERK CITY OF TUKWILA 6200 Southcenter Blvd. Tukwila, WA 98188 11111111111111111100110011 20150922000003 CITY OF TUKWIL C 76.00 PAGE -001 OF 005 09/22/2015 08:43 KING COUNTY, WA 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 1 CITY OF TUKWILA 2. Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. FEDERAL NATIONAL MORTGAGE ASSOCIATION 2. , Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) MC MICKEN HEIGHTS DIV # 2 UNREC PP ACT 39953211 MOBILE HOME VAL OF UNDEEDED STS & ALLEYS INC IN ADJ LOT VAL S 1/2 OF LOT 26 LESS S 190 FT OF E 70 FT LESS S 140 FT OF W 65 FT Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned 5r1 CI ?O r 04-40 40 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 City of Tukwila Code Enforcement 6300 Southcenter Boulevard Tukwila, WA 98188 (206) 431 -3670 FAX: (206) 431 -3665 Violation Notice And Order Tukwila Municipal Code § 8.45.050(D) The undersigned City of Tukwila Code Enforcement Officer, hereby certifies and states that: Violation Location: 4736 S. The Street, Tukwila, WA File #: CE15 -0017 Owner Name: Federal National Mortgage Association C/O RCO LEGAL, P.S. Address: 13555 SE 36th Street #200 City /State /Zip: Bellevue, WA 98006 REF: 200501 is in violation of Tukwila's Municipal Code (TMC), TMC Chapter: TMC 8.45.030.E.2 Failure to comply with TMC regulations TMC 8.28.020 International Property Maintenance Code Adoption (IPMC) TMC 16.04.020 International Building Code, 2012 Edition Adoption Specifically: 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, in 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 occupancy of the structure or to the public." There has been no power to the structures since August 24, 2015. The structures lack ventilation, illumination, heating facilities, and other essential equipment required by this code. Food was being cooked in illegal makeshift BBQs on the unpermitted porch that was built. Specifically: IPMC 108.1.5 Dangerous structure or premises. (7) `The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act." The vacant unsecured structures are neglected, damaged and have become an attractive nuisance to squatters, vagrants, and criminals. Police have arrested several individuals from the property and have been called to the property numerous times for various complaints such as burning in back yard, illegal outdoor marijuana grow operation, domestic violence, stolen vehicles, and noise. CE15 -0017 VIOLATION NOTICE & ORDER.DOCX Page 1 of 4 Specifically: IPMC 108.1.5 Dangerous structure or premises. "(9)A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease." The vacant unsecured structures have been without power since August 24, 2015. The structures have no ventilation, no light, have unpermitted faulty construction, and according to police, are full of garbage and refuse. Specifically: . IPMC 601.2 Mechanical and Electrical Requirements. "The owner of the structures shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner - occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter." Electrical service was disconnected from this property on August 24, 2015. Specifically: IPMC 604.1 Electrical Facilities "Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605." Electrical service was disconnected from this property on August 24, 2015. Specifically: IBC 105.1 Building Permit Required. `Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit." There is no record of a building permit issued for the construction of roof structure and deck attached at north end of mobile home structure. Specifically: 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. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by construct or arrangement by private person and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource." Structures are vacant, unsecured and unfit for human occupancy. Order prohibiting occupancy was posted on August 24, 2015. Specifically: IPMC 108.5 Prohibited occupancy. "Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person Who shall occupy a placarded premise or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premise or operate placarded equipment shall be liable for the penalties provided by this code." Code Officials condemned the structures and posted placard on August 24, 2015. CE15 -0017 VIOLATION NOTICE & ORDERDOCX Page 2 of 4 Specifically: TMC 8.28.010 Declaration of Nuisance B. 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, and such that it is unreasonable to repair the structure (collectively referred to as a "Vacant Building'. " The structures were declared unfit for human occupancy on August 24, 2015 due to lack of power to the property. Specifically TMC 8.28.030 Vacant Buildings, Structures and Premises A. All vacant buildings, structures and premises, and all vacant land, shall be maintained in a clean, safe, secure and sanitary condition as required by the International Properly Maintenance Code." Structures are unsecured and property is full of rubbish, garbage and junk vehicles. Specifically: TMC 8.28.030 (8). "Vacant Nuisance Building" "means a building, structure or portion thereof that is vacant and exists with any one or more of the following conditions: a. Unsecured against entry,- b. Old, dilapidated or has become so out of repair as to be dangerous, unsafe, and unsanitary or otherwise unfit for human habitation or occupancy; c. Condemned by the Code Official; d Vacant for over 30 days, during which time the Code Official has issued an order to correct the public nuisance violations and those violations have not been corrected; e. Not monitored and maintained in accordance with the IPMC; f. Incomplete construction whereby the building permit has expired and the construction project has been abandoned for more than 30 days; g. An abandoned premises as defined in this section." Structures are unsecured, condemned by the Code Official, not maintained in accordance with the IPMC, unpermitted construction of deck and addition. Specifically: TMC 8.28.030 (9). "Vacant Nuisance Premises" "means the exterior premises of a vacant building, or vacant land that harbors junk vehicles, accumulation of rubbish or garbage, overgrown weeds, noxious weeds, unmaintained plant material and landscaping, or other violation of the IPMC for over 30 days, during which time the Code Official has issued an order to correct the public nuisance violations and those violations have not been corrected." The exterior premises harbors 4 junk vehicles, and piles of accumulation of rubbish and garbage for over 30 days. Specifically: IPMC 308.1 Accumulation of rubbish or garbage. All exterior property and premises shall be free from any accumulation of rubbish or garbage. Garbage is defined as the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. Rubbish is defined as combustible and noncombustible waste materials, except garbage; the term shall include the residue from the buming of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood excelsior, rubber, leather tree branches yard trimmings, tin cans, metals, mineral matter, glass crockery and dust and other similar materials." There are several large piles of discarded furniture, vehicle parts, building materials, glass products, plastic products, appliances, cardboard, other various containers full of materials, and other rubbish around the property. Specifically: IPMC 302.8 Motor Vehicles. "No inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises except inside a structure. " There are 4 non - working and unlicensed vehicles being stored on the property. Corrective Action required: CE15 -0017 VIOLATION NOTICE & ORDERDOCX Page 3 of 4 Compliance Date: October 2, 2015 Corrective Action: Secure all structures and board all openings in accordance with the boarding standards of the International Property Maintenance Code. Remove all rubbish, garbage and junk vehicles from the property. FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO A MONETARY PENALTY OF UP TO $500 PEI DAY FOR EACH DAY THAT THE VIOLATION EXISTS UNDER THE PROVISIONS SET FORTH IN 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 notic, and order; 4. A brief statement of the specific order or action protested, together with any material facts claimed to suppor 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: r Name: Mary Hulvey, CCEO Today's date: September 2, 2015 Phone: 206 - 431 -3676 Title: Code Enforcement Officer Email: marv.hulvev @tukwilawa.gov Cc: Bessie M. Allread 4736 S. 164th Street Tukwila, WA 98188 CE15 -0017 VIOLATION NOTICE & ORDER.DOCX Page 4 of 4