The URL can be used to link to this page

Home My WebLink About2009 - Determination - Loiselle Leroy / Loiselle Darien - 20091002000829 Return Address: I I City of Tukwila y City Clerk 6200 20091002000829 6200 Southcenter Blvd 66.00 Tukwila, WA 98188 CITY OF TUKUIL MISC PAGE -001 OF 005 KING 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) I. FINDINGS OF FACTS,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. LEROY LOISELLE 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) ROBBINS SPRING BROOK TO RIVERTON LESS ST RD Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Assessor Tax not yet assigned PARCEL NO. 7359600195 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 21, 2009 TO: Leroy Loiselle, property owner PO Box 412 Fall City, OR 97344 Darien Loiselle, property owner's son Fax: 503- 796 -2900 Email: DLoiselle @SCHWABE.com RE: 12834 34` Ave. S., Tukwila, WA 98168 Parcel 7359600195 "Subject Property CASE NO.: RFA09 -346 SUMMARY OF HEARING On September 11, 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 Representing the property owner: Darien Loiselle, property owner's son RFA09 -346 Leroy Loiselle Hearing September 21, 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. Subject property is owned by Leroy Loiselle, who resides in Fall City, Oregon. 2. In response to a complaint from a neighbor and notification by Tukwila Police Officer Gardner, Code Enforcement Officer Stetson investigated the premises on August 27, 2009. 3. Residence is vacant and unsecured. Bags of debris and discarded appliances are in the yard. Severe weed overgrowth. Photos taken (Exhibit 1). A complete interior inspection was not conducted. 4. There have been eight calls for service to this property by the Police Department since early March. Police have investigated for trespassing, burglary, stolen vehicles, theft, and suspicious activity. 5. I called the property owner (Leroy) on August 27, 2009, who referred me to his son Darien who is handling his affairs. 6. I issued a Complaint of Unfit Building on August 31, 2009, calling for a hearing on September 11, 2009 at 2:00 pm 7. On September 1, 2009, I spoke with Darien Loiselle by telephone. He asked that the notice be faxed to him. Notice was faxed the same day. 8. Mr. Loiselle asked that in lieu of attending the hearing in person he could submit a written document via email to be considered during the hearing. 9. Mr. Loiselle emailed a document to me on September 10, 2009 to be entered into the record on his father's behalf. (Exhibit 2). The property owner, Leroy, is 81 years old, in frail health and of limited financial means. Darien stated that he was assuming the responsibility for the property. His intention is to renovate the property and rent it out. 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: TMC 8.28.020 International Property Maintenance Code (IPMC) adopted. ]PVC 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. RFA09 -346 Leroy Loiselle Hearing September 21, 2009 Page 3 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. 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. 1...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... A 1. The structure is vacant and unfit for occupancy due to lack of maintenance, contains filth, is in disrepair, and has unverified source of heat or sanitary facilities. This condition is a violation of IPMC 108.1.3 and 301.3, TMC 8.28.030 and 8.28.010. 2. The exterior property is littered with bags of debris. Discarded appliances and other discards are present. The yard is severely overgrown with weeds. This condition is a violation of IPMC 301.3. 3. The house is unsecured, with the front door standing open. Police have verified that they have removed trespassers from inside the property on more than one occasion. This condition is a violation of IPMC 108.1.3 and IPMC, TMC 8.28.030, and 8.28.010. The property owner is hereby ordered to: BY October 5.2009: 1. Secure all unsecured openings of the structure with 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. 2. Temporarily shut off all utilities to the structure until renovations are actively underway. RFA09 -346 Leroy Loiselle Hearing September 21, 2009 Page 4 BY October 15.2009: 1. Remove all debris from exterior property areas. 2. Trim the weed overgrowth. When Renovations are comnleted: NOTE: Some renovations may require a permit from the City of Tukwila including electrical, structural, mechanical and plumbing upgrades. Questions regarding the need for a permit should be directed to the Tukwila Permit Center, 206 433 -7165. 1. Call for Code Enforcement inspection PRIOR to renting the structure. (206- 431 -3682) 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 October 23, 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. 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 Improvement Officer Cc: Bob Benedicto, Building Official Sara Springer, Assistant City Attorney Mary Hulvey, Code Enforcement Officer