HomeMy WebLinkAbout2009 - Determination - Callueng Flory / Callueng Loriann - 20090421000234 Return Address: I
CITY OF TUKWILA
ATTN: CITY CLERK
TUKWILA WA 98188 8188 BLVD. 20090421000234
CITY OF TUKWIL MISC 46.00
PAGE001 OF 006
K I
KING
Y, WA
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1 DETERMINATION, FINDINGS OF FACT, 2
O"ER OF THE !MPROVEMENT
3. 4.
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1 OF TUKWILA
2.
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Grantee(s) Exactly as name(s) appear on document
1 FLORY LORIANN
2.
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Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
ADAMS HOME TRS LOT 2 OF KC SHORT PLAT NO 784002 REC NO 8501170622 SD
SHORT PLAT DAF —LOT 3 BLK 3 PLAT OF ADAMS HOME TRS
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Assessor's Property Tax Parcel /Account Number Assessor Tax not yet
assigned
PARCEL NO. 0040000362
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City of Tukwila Jiin Haggerton, Mayor
Department of Community Development Jack Pace, Director
DETERMINATION, FINDINGS OF FACT, AND ORDER
OF THE
CITY OF TUKWILA IMPROVEMENT OFFICER
DATE: March 23, 2009
TO: Flory A. Callueng Loriann Callueng
1405 SW 320 Place
Federal Way, WA 98023
RE: 4235 S 144` St.
Parcel 0040000362 "Subject Property
CASE NO.: RFA09 -085
SUMMARY OF HEARING
On March 23, 2009, at 3:00 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
Sara Springer, Assistant City Attorney
Representing the property owner:
Flory A. Callueng, Property Owner
Sandy Ruff, Friend of Owner
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. On March 11, 2009, Code Enforcement staff was contacted by school district employee Alma Villegas
concerned about substandard conditions in a rental home.
2. On March 12, 2009, Officer Mary Hulvey met Alma and the tenant at the property and was granted
permission to inspect interior conditions.
3. The inspection revealed multiple code violations including:
No water service to the residence
Tenant was using space heaters as their only source of heat
Severe mold infestation on virtually all walls
Several broken windows
Non working range
Severely deteriorated carpet, floor and ceiling
Ant infestation
Debris and junk vehicles in the yard.
4. On March 13, 2009, the City posted notice of condemnation and the building was ordered to be
vacated by March 20, 2009.
5. On the same day the City issued the Complaint of Unfit Building, calling for hearing on March 23,
2009.
6. Due to the severity of the substandard conditions the City determined that the tenant was eligible for
relocation assistance under TMC 8.46. Notices were issued to both landlord and tenant.
7. All notices were posted at the property and delivered by certified and regular mail to the property
owner.
8. On March 16, 2009, owner Flory Callueng met with Officers Stetson and Hulvey in the City offices to
discuss the notice requirements. Ms. Callueng acknowledged that she was responsible for payment of
the water bill and that the water had been turned off as of March 3, 2009 for lack of payment.
Determination:
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 International Property Maintenance Code "IPMC 2003 edition, is the housing code adopted by
the City of Tukwila by ordinance #2057 and referenced in Tukwila Municipal Code 8.28.020.
2. 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 unsanitary, vermin or rat infested, contains
filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other
essential equipment required by the code, or because the location of the structure constitutes a hazard
to the occupants of the structure or to the public."
Structure lacks water services as required by IPMC 505.1
Structure lacks source of heat as required by IPMC 602.3
Structure contains broken and boarded up windows in violation of IPMC 304.13.1 and
304.13.2
Interior wall surfaces are covered in mold and interior floors are unsound and unsanitary in
violation of IPMC 305.1 and 305.2.
Structure exhibits signs of roof failure and leaks from the ceiling in violation of IPMC 304.7
Structure contains insect infestation in violation of IPMC 308.1
Stove does not function in violation of IPMC 603.1
Floor exhibits severe deterioration in violation of IPMC 305.4
Structure lacks smoke detectors in violation of IPMC 704.2.
Structure exhibits potential electrical hazards in violation of IPMC 604.3.
Due to these violations, the Hearing Officer determines that this structure is unfit for occupancy.
Order:
The property owner is hereby ordered to:
1. This structure may not be occupied as a dwelling unit.
2. Relocation Assistance to displaced tenant does apply. Landlord did not pay the tenant within seven
days. The City has advanced the payment to the tenant in the amount of $2700.00. The landlord has
60 days to repay the City for this cost (May 20, 2009). If repayment is not made within 60 days,
penalties of $50.00 /day may be assessed and the full amount of the payment will be placed as a tax
lien against the property.
3. Home must be completely secured against unlawful entry and inspected by City of Tukwila Code
Enforcement not later than April 15, 2009. Securing to include intact window glazing or' /4" plywood
sheets completely covering all window openings. 3 /4 plywood sheets completely covering all doors
except front door, which may be secured by operable deadbolt locks. All plywood to be secured with
at least 4 -inch long square head screws, every six inches around entire perimeter of sheet.
4. Utilities (water, electricity, gas) to the home must be shut off unless the structure is undergoing active
repair under a city- issued permit.
5. Home must be either repaired, OR demolished under city- issued permits.
6. If home is to be repaired, an electrical safety inspection is required as a condition of permit issuance.
7. Owner must notify City of intent to either repair or demolish not later than June 1, 2009.
8. Home may not remain vacant and boarded for longer than one year unless actively undergoing repair
under a city- issued permit.
9. Failure to comply with this order may cause the City to take further action to repair or demolish this
structure as authorized under TMC 8.45.200. Costs of any action taken under this section will be
assessed as a tax lien against this property.
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 27, 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
City of Tukwila Improvement Officer