Loading...
HomeMy WebLinkAbout2009 - Determination - Rivers Effie - 20091014001028 Return Address: CITY OF TUKWILA ATTN: CITY CLERK 200910140010 IL MISC 67.00 6200 SOUTHCENTER BLVD. CITY PAGE -001 OF 006 TUKWILA, WA 98188 KING4COUNTY, WA7 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. DETERMINATION, FINDINGS OF FACT, 2. ORDER OF THE CITY OF TUKWILA 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. RIVERS, EFFIE 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) POTTERY WORKS ADD LESS C OF S TRAM IN R/W Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Assessor Tax not yet assigned PARCEL NO. 6874200265 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: September 29, 2009 TO: Effie Rivers 1083448 1h Ave S Tukwila, WA 98178 RE: 10834 48th Ave. S., Tukwila, WA 98178 Parcel 6874200265 "Subject Property CASE NO.: RFA09 -353 SUMMARY OF HEARING On September 25, 2009, at 2:00 pm., 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 Sara Springer, Assistant City Attorney Bob Benedicto, Building Official Representing the property owner: No one representing the property owner attended the hearing. RFA09 -353 Effie Rivers Hearing September 25, 2009 Page 2 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. According to the Assessor's records the subject property is owned by Effie Rivers, who may be deceased. 2. On July 28, 2009 Code Enforcement was notified by the City's Finance Department that water was being consumed at this location. The water had been shut off three years ago for non payment. 3. Tukwila water department employees investigated and found that someone had illegally tampered with the meter and turned on the water. The water was turned off and the meter removed. 4. On September 1, 2009, Officer Mary Hulvey inspected the property accompanied by two police officers. She found the house occupied by Brad Woodlyn. Mr. Woodlyn stated that Effie Rivers was his grandmother (now deceased) and the new property owner was his cousin, Joette Barlow from Kent. He did not have her address or phone number. Mr. Woodlyn said that the house was not served by either water or electricity. He said that he was a "caretaker Officer Hulvey requested permission to inspect the interior. Permission was granted by Mr. Woodlyn. Officer Hulvey found a propane camp stove being used in the kitchen, no water from any of the faucets, no electricity, and no source of heat. Large portable containers of water were observed inside and outside the residence. Officer Hulvey- told Mr. Woodlyn that the structure was unfit for occupancy and that a hearing would be scheduled. She asked that he contact his cousin and have her call Mary as soon as possible. 5. On September 2, 2009, the City issued a Complaint of Unfit Building, calling for a hearing on September 25, 2009 at 2:00 pm. The notice cited the following municipal codes: IPMC 108.1.3 Structure Unfit for human occupancy; IPMC 505.1 Water System; IPMC 603.2 Removal of combustion products; and IPMC 108.2 Closing of vacant structures. The notice was mailed, posted at the property, and recorded. 6. Mr. Woodlyn contacted Officer Hulvey to verify the hearing date and time, but no one representing the property owner attended the hearing. 7. Attempts by the City to verify the death of Effie Rivers have been unfruitful. We have not been able to locate Joette Barlow either. Mail sent to the site address has not been returned to us by the post office as undeliverable. 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 municipal codes apply: RFA09 -353 Effie Rivers Hearing September 25, 2009 Page 3 TMC 8.28.020 International Property Maintenance Code (IPMC) adopted. 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 occupancy of the structure or to the public. IPMC 301.3 Vacant Structures and Land. `All vacant structure and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. IPMC 505.1 Water System. `All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water... IPMC 603.2 Removal of combustion products. `All fuel- burning equipment and appliances shall be connected to an approved chimney or vent. IPMC 108.2 Closing of vacant structures. "If structure is vacant and unfit for human habitation and occupancy... code official is authorized to order the structure closed up so as not to be an attractive nuisance. TMC 8.45.140 Improvement Officer Authority Issuance of Complaint. "If, after a preliminary investigation of any dwelling, building, structure or premises, the Improvement Officer finds that it is unfit for human habitation or other use, the Improvement Officer may issue a complaint conforming to the provisions of RCW 35.80.030, stating in what respects such dwelling building, structure or premises is unfit for human habitation or other use. In determining whether a dwelling, building, structure or premises should be repaired or demolished, the Improvement Officer shall be guided by the Tukwila Municipal Code and such other codes adopted pursuant to the Tukwila Municipal Code as the Improvement Officer deems applicable, in particular the most recent edition of the International Property Maintenance Code. TMC 8.28.030 Vacant Structures. "Vacant Building defined. I A vacant building is a building, structure or portion thereof, which is a) unoccupied and unsecured... 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, otherwise unfit for human habitation or occupancy... 1. The structure is unfit for occupancy due to lack of lack of water, sanitary facilities, electricity, heat, and improper ventilation of combustion products. These conditions are violations of IPMC 108.1.3, 505.1, 603.2. 2. The house is unsecured and illegally occupied. This condition is a violation of IPMC 108.1.3, 108.2, and TMC 8.28.030. 3. The house is declared to be a public nuisance under TMC 8.28.010. RFA09 -353 Effie Rivers Hearing September 25, 2009 Page 4 The property owner is hereby ordered to: 1. Immediately discontinue occupancy of this structure. AND EITHER 2. Restore water service and electrical service to the _residence. Provide the City with proof of legal connection. 3. Occupancy may resume after proof of legal utility connection is provided to the City. OR 4. Secure all unsecured openings of the structure with 1 /4" plywood, using 6 -inch screws into the frame every six inches around the perimeter of the plywood. One access door may be maintained, but must be securely locked or padlocked in such a manner that unauthorized access is prevented. Windows with intact glazing and capable of being securely locked are not required to be boarded, however, boarding is recommended to ensure that no further damage is done to the structure and to ensure that unauthorized persons are prevented from accessing the interior. 5. Call for Code Enforcement inspection (206- 431 -3682) when either option is completed. Appeal n 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 October 30, 2009). 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. RFA09 -353 Effie Rivers Hearing September 25, 2009 Page 5 Questions regarding this Determination, Findings of Fact, and Order should be directed to the Code Enforcement division at 206 431 -3682. Sincerely, Kathryn A. Stetson Improvement Officer Cc: Bob Benedicto, Building Official Sara Springer, Assistant City Attorney Mary Hulvey, Code Enforcement Officer