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Home My WebLink About2010 - Determination - Tun Nan / Wong Amky - 20100416000708 Return Address: CITY OF TUKWILA ATTN: CITY CLERK 20100416000708 6200 SOUTHCENTER BLVD. CITY 00 TUKWI MISC 66.00 PAGE -001 OF 000 5 TUKWILA, WA 98188 KING 6 COUN T TY, WA 1 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) 1DETERMINATION, FINDINGS OF FACT, ORDER OF THE CITY OF TUKWILA IMPROVEMENT OFFICER Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document L CITY OF TUKWILA 2. Additional names on page of document. Grantee(s) Exactly as name(s) appear on document I NAN AMKY WONG 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) BEG 575.91 FT E N 06- 19 -22E 20.09 FT FR SW COR OF SW 1/4 TH N 06 -19 -22 E 70.32 FT TH E PLW S IN OF SUBDIV 151.20 FT TH S 00 -42 -00 W 70 FT TO PT 0 Zp T 1 LAP 5 TH W 158.09 FT TO BEG LESS CO Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Assessor Tax not yet assigned PARCEL NO. 1523049165 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 Jim Haggerton, Mayor Department of Community Development Jack Pace, Director DETERMINATION, FINDINGS OF FACT, AND ORDER OF THE CITY OF TUKWILA IMPROVEMENT OFFICER DATE: March 18, 2010 TO: Nan Tun and Amky Wong 5103 S. Hazel Street Seattle, WA 98178 RE: 1425434 1h Ave. S. Tukwila, WA 98168 Parcel 1523049165 "Subject Property CASE NO.: RFA10 -081 SUMMARY OF HEARING On March 18, 2010, at 2:30 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 Dave Larson, Sr. Plans Examiner Representing the property owner: Nan Tun, property owner Representing the tenants: Chris Benis, attorney RFA I 0 -081 Nan Tun Hearing March 18, 2010 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 Finding of Facts. 1. Mr. Nan Tun is the property owner of record for the residence at 14254 34` Ave. S. He has owned the house since approximately 2005. The house is occupied by tenants. Although the Assessors records indicate this house is a two bedroom, one bath house, the owner has advertised it for rent as a four bedroom, two bath house. 2. On March 3, 2010, Code Enforcement Officer Mary Hulvey received a telephone call from the tenant of the residence requesting that code enforcement inspect the basement for a possible sewage leak. She also indicated that the light fixtures in the two basement bedrooms have not worked for over two weeks and the floor and wallboard in the upstairs bathroom is disintegrating. The tenant said that the smell of sewage permeated the house. 3. On March 3, 2010 Officer Hulvey and Acting Building Official Dave Larson inspected the premises. Numerous violations were discovered, including: improper installation of a bathroom in the basement, without permits; floor of the basement bathroom was unsupported; effluent was leaking up through the tiles when pressed; the sewage ejection pump was improperly installed and not working properly; the two rooms in the basement are not legal bedrooms due to lack of adequate emergency egress; no heat in the basement; lights not working in the basement; upstairs bedrooms lack adequate emergency egress; wallboard and floor of upstairs bathroom are severely deteriorated. Officer Hulvey and Larson noted the strong smell of sewage throughout the house. Office Hulvey noted an accumulation of rubbish and garbage on the exterior property piled up against and behind the sheds in the yard. 4. On March 3, 2010 the structure was posted with a Notice and Order to apply for building and plumbing permits within 15 days and discontinue use of the basement. 5. On March 4, 2010 Officer Hulvey issued a Complaint of Unfit Building calling for a hearing on March 18, 2010. The Complaint was posted at the residence, and mailed via first class and certified to the property address and to the owner's home address. The Complaint was filed with the Recorder's office against the property. 6. Property owner Nan indicated that the basement bathroom was installed at the time he purchased the property in 2005. He did not have an inspection conducted at the time he purchased the property. 7. Nan stated that he was notified by the tenants in late February about the sewage problem in the basement. He said that he was not able to respond to the complaint for approximately 10 days. He began repairs to the bathroom last Saturday (March 13). No permit had been issued for this work. 8. Nan stated that he was not aware that these repairs required a permit. He also stated he was not aware of the landlord- tenant laws which require him to respond to tenant complaints within a certain time period. 9. Nan stated that the house was rented by a family of five, but that recently was occupied by up to 10 people. 1— Pa 7 „rn 03/19/2010 RFA 10 -081 Nan Tun Hearing March 18, 2010 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: 1. The structure is unfit for occupancy due to the following conditions: a. Basement bathroom illegally installed, leaking sewage, contaminating the basement; b. Basement bedrooms lack adequate emergency egress c. Basement lacks heat d. Basement lights not functional e. Main floor bedrooms lack adequate emergency egress (window openings are too small or windows are installed with security bars which do not open) f. Main floor bathroom floor and walls are severely deteriorated. 2. There is an accumulation of rubbish, debris and garbage on the exterior property. The property owner is hereby ordered to: 1. The structure must be vacated not later than March 26, 2010. Structure may not be occupied until all the required repairs are completed and receive inspection approval. 2. Apply for and obtain plumbing, electrical, mechanical, and building permits as needed to repair the structure. Obtain all required inspections of the work completed. 3. Disinfect and decontaminate the basement and any other areas contaminated by the sewage leak, according to standard practices. 4. Owner is strongly encouraged to employ a professional contractor to perform the work required. 5. Remove all rubbish and garbage from the exterior property. Relocation Assistance The City has determined that this dwelling unit is condemned and unfit for occupancy under the International Property Maintenance Code. Your tenants are eligible for Relocation Assistance payments from you under rules adopted by the Washington State Legislature (RCW 59.18.085) and adopted by the City of Tukwila (TMC 8.46). You are hereby required to pay your tenants the amount of $2000 or three times the monthly rent, whichever is greater. This payment must be made to them not later than March 26, 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 April 19, 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. RFA10 -081 Nan Tun Hearing March 18, 2010 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, Kathryn A. Stetson City of Tukwila Improvement Officer