Loading...
HomeMy WebLinkAbout2015 - Violation Notice and Order / Voluntary Correction Agreement - Osses Romilio W - 6874200550Return Address: CITY CLERK CITY OF TUKWILA 6200 Southcenter Blvd. Tukwila, WA 98188 20151201000309 CITY OF TUKWIL C 155.00 PAGE -001 OF 010 12/01/2015 09:20 KING COUNTY, WA 1 G 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 and Order 2. Voluntary Correction Agreement 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. Grantor(s). Exactly as name(s) appear on document 1. Osses Romilio W , 2. , Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) POTTERY WORKS ADD PLat Block: 5 Plat Lot: 19 THRU 23 Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ■ Assessor Tax # not yet assigned CJl42.0 - osso 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 Violation Notice and Order Code Enforcement TMC § 8.45.050(D) 6300 Southcenter Boulevard Tukwila, WA 98188 (206) 431 -3671 FAX: (206) 431 -3665 www.tukwilawa.gov 5/5/2014 OSSES ROMILIO W 12323 85TH AVE S SEATTLE, WA 98178 File 4: CE14 -0169 / LDR Violation Location: 1082147 AVE S TMC 8.45.030.E.2 Failure to comply with TMC regulations TMC 8.28.020 International Property Maintenance Code Adoption (IPMC) Violation # 1 Code Reference: Corrective Action: Compliance Date: ACCUMULATION OF RUBBISH OR GARBAGE IPMC 308.1 All exterior property and premises shall be free from any accumulation of rubbish or garbage. Including but not limited to piles of wood and building materials. Remove from the property all rubbish and debris, including but not limited to piles of scrap wood and building materials. 6/16/2014 Violation # 2 Code Reference: Corrective Action: Compliance Date: CARGO CONTAINERS TMC. 18.50.060 Cargo Containers as Accessory Structures. Cargo containers are not allowed as an accessory structure in the LDR zone without a permitted used. There is no legal permitted use on this property. Remove all cargo and the miscellaneous oval metal containers from the property. 6/16/2014 Violation # 3 Code Reference: CODE VIOLATION TMC 18.10.020 Low Density Residential District- Permitted Uses The following uses are permitted outright within the Low- Density Residential District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Dwelling — One detached single - family dwelling per lot. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial is required. 3. Public parks, trails, picnic area and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 4. Shelters This is a vacant lot. There is NO Permitted Use on this property. Vehicles are using property as a parking area. This type of use is not permitted in this zone, outside of a structure. Stand -alone parking is not a permitted use in this zone, unless it is completely enclosed within a structure. Accessory structures are not permitted in this zone, without a permitted use. Cargo containers are not allowed as an accessory structure in the LDR zone without a permitted used. Housing animals are not Corrective Action: Compliance Date: allowed in the LDR zone without a permitted use. Remove all rubbish and debris, including and not limited to piles of scrap wood and building materials from the property. Remove all cargo containers including the large oval metal container from the property. Remove all animals being housed on the property Remove all accessory structures from the property. Remove all vehicles and vehicle parts being parked or stored on property 6/16/2014 Violation # 4 Code Reference: Corrective Action: Compliance Date: CODE VIOLATION TMC 18.45 Sensitive Areas Permitted Uses The majority of the property lies within a sensitive buffer area (Ryan Hill Creek System) The cargo containers, including the large oval metal container, vehicles, accessory structures, animals, and the accumulation of rubbish are not a permitted use in a sensitive area. Remove all rubbish and debris, including and not limited to piles of scrap wood and building materials from the property. . Remove all cargo containers including the large oval metal container from the property. Remove all animals being housed on the property Remove all accessory structures from the property. Remove all vehicles and vehicle parts being parked or stored on property 6/16/2014 Violation # 5 Code Reference: Corrective Action: Compliance Date: CODE VIOLATION TMC 7.08 Livestock, small animals and fowl Housing animals are not allowed in the LDR zone without a permitted use. legal permitted use on this property. Remove all animals being housed on the property. 6/16/2014 There is no Violation # 6 Code Reference: Corrective Action: Compliance Date: LDR ZONE ACCESSORY USES TMC 18.10.030 Accessory Uses Accessory structures are only allowed as incidental to a permitted use. There is no legal permitted use on this property. Remove all accessory structures from the property. 6/16/2014 Violation # 7 Code Reference: Corrective Action: Compliance Date: RESIDENTIAL PARKING LIMITATIONS TMC 8.25 Vehicle storage and parking on single - family residential property. Vehicles are using this property as a parking area. This type of use is not permitted in this zone, outside of a structure. Stand -alone parking is not a permitted use in this zone, unless it is completely enclosed within a structure. There is no legal permitted use or legal structure on this property. Remove from the property all vehicles being parked and stored on property. 6/16/2014 FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO A MONETARY PENALTY OF UP TO $500 PER DAY PER VIOLATION FOR EACH DAY THAT THE VIOLATION EXISTS PER 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 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(s). 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. All other zones $200.00. Fees must accompany the written notice of appeals. 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. Code Enforcement Officer: Mary Hulvey Telephone: 206- 431 -3676 Email: mary.hulvey @tukwilawa.gov City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director VOLUNTARY CORRECTION AND LIMITED RIGHT OF ACCESS AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND ROMILIO OSSES CE14 -0169 I. PREAMBLE This agreement ( "Agreement ") is made and entered in this 4th day of August, 2014, by and between the City of Tukwila, a Washington municipal corporation, hereinafter the "City," and Romilio Osses, hereinafter the "Property Owner." 11. RECITALS WHEREAS, the Property Owner is the owner and person responsible for the property located at 10821 47TH Ave. South, Tukwila, WA 98178 (the "Property"); and WHEREAS, King County property records show that the Property has been zoned Low Density Residential (LDR) for at least as far back as 1958; and WHEREAS, the Property has never been classified or approved as a contractor's storage yard or any non - conforming lot, and any use other than a residential use is an illegal use; and WHEREAS, the Property Owner was notified of violations of the Tukwila Municipal Code (TMC) on the Property via a Notice and Order of Violation sent by certified mail on May 5, 2014; and WHEREAS, both the City and the Property Owner wish to resolve the violations on the Property in a manner which is equitable to both parties and which reduces the legal cost for all involved; NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows: 11I. AGREEMENT Section 1. The Subiect Property. The Property is located at 10821 47th Ave. South, within the City of Tukwila, King County, Washington State. Section 2. Violations. The Property contains cargo containers, unpermitted structures such as PVC tents and a wood structure, unpermitted uses such as contractor's storage yard, and violates the sensitive buffer area. The specific violations that this Voluntary Compliance Agreement addresses include: A. TMC 8.45.030.E.2 — Failure to comply with provisions of the Tukwila Municipal Code due to the violations stated below in B -D. B. TMC 18.50.060 — Cargo Containers as accessory structures. Cargo containers are only allowed in LDR zones when they are accessory structures for institutional uses. The property is vacant 6300 Southcenter Boulevard, Suite #100. Tukwila, Washington 98188' Phone 206-431-3670 0 Pax: 206 - 431 -3665 land, not an institutional use, and there are no other structures on this property for the container to be accessory to. C. TMC 18.10.020 — Low Density Residential District — Permitted Uses. The Property contains cargo containers, PVC tents, a wood structure, and stored construction materials, none of which are allowed in the LDR zone except under narrow circumstances and when they are accessory to permitted use. The Property is not being used for a permitted use under TMC 18.10.020. D. TMC 18.45.070 — Sensitive Areas Permitted Uses. The majority of the property lies within a sensitive buffer area (Ryan Hill Creek System). The cargo containers, PVC tents, wood structure, construction materials and contractors storage yard are not permitted uses in a sensitive area. Section 3. Require Corrective Action. The Property Owner shall: (A) remove all cargo containers (as defined in TMC 18.50.060) from the property; (B) remove all construction materials from the property; (C) remove PVC tents and wood structures, as defined in TMC 18.10.020 from property; and (D) discontinue using property as a contractor's storage yard, as defined in TMC 18.45.070. These corrective actions must be completed by the compliance dates set forth below. Section 4. Compliance Dates. All code violations must be resolved by July 22, 2016. The City shall inspect every three (3) months to insure that significant progress is being made to clear the Property and that the following compliance dates are being met: A. By August 26, 2014: remove the wood structure from the property. Call Mary Hulvey for a Code Enforcement inspection when required corrective action has been completed. Photographs will be taken at each inspection to document the buildings, containers and accumulation on the property to insure that significant progress is being made to clear the property. B. By November 26, 2014 remove at least 25% of the accumulation and call Mary Hulvey at 206/431 -3676 for a Code enforcement inspection when required corrective action has been completed. C. By February 26, 2015 remove at least another 25% of the accumulation and call Mary Hulvey at 206/431 -3676 for a Code Enforcement inspection when required correction has been completed. D. By May 26, 2015 remove at least another 25% of the accumulation and call Mary Hulvey at 206/431 -3676 for a Code Enforcement inspection when required correction has been completed. E. By August 26, 2015 remove at least another 25% of the accumulation and call Mary Hulvey at 206/431 -3676 for a Code Enforcement inspection when required correction has been completed. F. By July 22, 2016 remove all cargo containers from property and call Mary Hulvey at 206/431- 3676 for a Code Enforcement inspection when required correction has been completed. Section 5. Stay of Enforcement Procedures. The Property Owners agrees to withdraw his appeal of the Notice and Order of Violation dated May 5, 2014 and the City agrees to stay enforcement actions against the Property Owner while the Property is being brought into compliance as outlined in Sections 3 and 4. This Section only applies to the violations enumerated in Section 3 and 4 of this Agreement. In no way does this section limit the City from enforcing any other laws or codes or exercising any other police powers on the Property. The appeal fee paid by the Property Owners shall be refunded. Page 2 of 7 Section 6. Right of Entry. The Property Owner agrees that the City may inspect the Property as may be necessary to determine compliance with this Voluntary Correction and Limited Right of Access Agreement. Section 7. Abatement. If the Property Owner fails to comply with the terms of this Agreement and specifically the compliance actions and deadlines set forth in Section 4 above, then the Property Owner agrees that the City may abate the violations described herein. Section 8. Lien Authorized. If the Property Owner fails to comply with the terms of this Agreement, then the City shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under TMC Chapter 8.45, and all other related costs including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. Section 9. Effective Date. This Agreement shall commence upon final execution of the Agreement by both parties. Section 10. Assignment of Interests. Rights and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be biding upon and shall inure to the benefit of the heirs, successors, and assigns of the Property Owner and the City. Property owner agrees to provide a copy of this Agreement to any perspective purchaser of any of the subject properties described herein. Section 11. Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Section 12. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the remainder of this Agreement, or the validity of its application to other persons or circumstances, shall not affect the validity of the remainder of this Agreement, pr the validity of its application to other person or circumstances. Section 13. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action shall lie in King County Superior Court. Section 14. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other right whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. Section 15. Integration. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. Page 3 of 7 Section 16. Authority. The Parties each represent and warrant that they have full power and actual authority into this Agreement and to carry out all actions require of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. Section 17. Releases. The Property Owner may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Agreement as provided herein. Section 18. Recording. Provided that Property Owner is in compliance with the terms of this Agreement, then neither the City nor the Property Owner shall record the terms of this Agreement. The City may only record a copy of this Agreement, upon the Property Owner's failure to comply with the terms of this Agreement. Prior to the City's recording of a copy of this Agreement, the City must (a) provide the Property Owner thirty (30) calendar days written notice of the specific violation of the Agreement by the Property Owner and the corrective action that must be taken to remain compliant with this Agreement (the "Correction Notice "), and (b) the Property Owner must have failed to correct the alleged deficiencies and obtained a re- inspection by the City to determine compliance the Correction Notice. Such corrections and re- inspection must be completed by the Property Owner within thirty (30) days from the last day of the City's Correction Notice. Section 19. Notices. Notices, demands, or correspondences to the City and Property Owner shall be sufficiently given if dispatched by pre -paid first -class mail to the addresses provided by the executing parties below. Notice to the City shall be to the attention of both the Director of Community Development and the City Clerk. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their addresses for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 20. Police Power. Nothing in this agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Section 21. No presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. Section 22. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit, or otherwise modify the terms and conditions of this agreement. Section 23. Legal Representation. In entering into this Agreement, Property Owner represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and sign the same as its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. Page 4 of 7 IN WITNESS WHEREOF, the parties hereto have caused this Voluntary Correction and Limited Right of Access Agreement to be executed as of the dates set forth below: OWNER: • Romilio'73ses 123234th Ave S, Seattle, WA 98178 State of Washington County of King I certify that I know or have satisfactory evidence that I \M' ' \) { i C 0 S is the person who appeared before me, and said person acknowledged that t '/she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. Date: >A-aCil( (Signature) (Title) 18e Name as commissioned: My appointment expires: ) — Page 5 of 7 Jf_ CITY OF TUKWILA: City of Tukwila 6 00 Southcenter Blvd Tu wila, WA 188 BY ack Pace, DCD Director City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 State of Washington County of King I certify that I know or have satisfactory evidence that `Sr:G - C �^''_ 9-_ is the person who appeared before me, and said person acknowledged that he/N signed this instrument and acknowledged it to be his/br free and voluntary act for the uses and purposes mentioned in the instrument. Date: 1 ZU \L 1 J (Signature) (Title) Name as commissioned: CX,:■ My appointment expires: � l5 ` te) Page 6 of 7