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1. Determination, Findings of Fact, Order of the City of Tukwila
improvement Officer
3. 4.
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1 Proctor, Juanita
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1. City of Tukwila
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PARCEL 6874200440
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-s
z City of Tukwila
J Jim Haggerton, Mayor
Department of Community Development Jack Pace, Director
ims
DETERMINATION, FINDINGS OF FACT, AND ORDER
OF THE
CITY OF TUKWILA IMPROVEMENT OFFICER
DATE: September 30, 2008
TO: Jacqueline Wilkins
3215 E. Harrison
Seattle, WA 98112
RE: 10804 47` Avenue S.
Parcel 6874200440 "Subject Property
CASE NO.: RFA08 -219
SUMMARY OF HEARING
On September 25, 2008 at 3:00 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
Bob Benedicto, Building Official
Amy Jo Pearsall, City Attorney
Representing the property owner:
Jacqueline Wilkins, POA for property owner Juanita Proctor
Katherine Wilkins, daughter of owner
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RFA08 -219
Proctor Hearing
September 26, 2008
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. On August 6, 2008, Tukwila Fire personnel responded to an emergency at this
residence and transported an elderly man to the hospital. Tukwila Fire contacted
Code Enforcement with their concerns about the interior and exterior conditions of
the property.
2. On August 7, 2008, Tukwila Code Enforcement investigated and found an unsecured
house, debris, overgrowth and junk vehicles in the yard. The door was standing open
and interior conditions were obviously quite deteriorated.
3. Officer Hulvey identified the property owner as Juanita Proctor. She called the owner
and spoke with her daughter, Shirley, who gave verbal permission to inspect the
interior of the structure. Officer Hulvey made an appointment to meet Shirley and
sister Jackie Wilkins the following day to conduct the inspection.
4. On August 8, 2008, Officers Stetson and Hulvey met Shirley and Jackie at the
property and conducted the interior inspection, documenting the inspection with
photographs.
5. The inspection showed: no functioning water in the kitchen, deteriorated steps and
porch, large amount of debris, bags of garbage, and buckets of unknown liquid inside
the house. There was an infestation of flying and crawling insects. There was no
functional toilet. There was a dangerous and illegal wood stove installed in the living
room. There appeared to be severe electrical code violations broken outlets,
fixtures, and loose wires. The amount of debris inside the residence prevented access
to several rooms.
6. City water department confirmed that although water service was available at the
residence, there had been no consumption since December 2007.
7. On August 8, 2008, Officer Hulvey posted the property with the Emergency Order
and City crews temporarily secured the house with plywood over the door.
8. On August 26, 2008, the City issued a Complaint of Unfit Building, calling for a
hearing on September 26, 2008 at 3:00 pm. The notice was mailed to Jackie Wilkins,
(POA for Juanita Proctor), filed with the County Recorder's Office, and posted on the
property, as required.
9. Jacqueline Wilkins and Katherine Wilkins (daughters of the property owner) attended
the hearing. Both agree that the structure is unfit for occupancy and have agreed to
demolish the structure and remove all debris and junk vehicles from the property.
RFA08 -219
Proctor Hearing
September 26, 2008
Page 3
Determination and Order
The governing code for determining habitability of structures is the 2003 International
Property Maintenance Code (IPMC), codified in the Tukwila Municipal Code (TMC
8.28.020). 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:
"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 occupants of the structure or to the public"
1. The inside of the house is filled with garbage, debris, broken furniture and fixtures in
violation of IPMC 307.1.
2. There is no functional kitchen sink, bathroom sink, toilet or bathing facilities in
violation of IPMC 502.1, 504. 1, and 505.1.
3. There is evidence of a rodent infestation inside the house in violation of IPMC 308.1.
4. There is evidence of severe structural deterioration at the porch, entry and throughout
the main floor in violation of IPMC 304.1 and 305.1.
5. There is no functional heat in violation of IPMC 602.1
6. The electrical wiring exhibits significant deterioration throughout in violation of
IPMC 604.3.
The owner is hereby ordered to:
1. Demolish the structure under a city issued demolition permit.
2. Remove all debris from the exterior property, including junk vehicles, vehicle parts,
building materials, garbage and other discards.
3. Submit an application for a demolition permit not later than December 1, 2008.
4. Complete all work within 30 days of permit issuance.
5. Until the demolition permit is issued, ensure that all openings (doors, windows) are
secured against unlawful entry by means of plywood secured to the opening frame
with a minimum of 3" square -head screws placed every six (6) inches around the
perimeter of the plywood panel. This securing must be completed not later than
October 15, 2008.
RFA08 -219
Proctor Hearing
September 26, 2008
Page 4
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
November 1, 2008). The appeal must be in writing to the Tukwila Office of the City
Clerk, 6200 Southcenter Boulevard, Tukwila, WA 98188. An appeal fee of $100.00
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