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Home My WebLink About2008 - Determination - Greenway Linda - 20081016000598 Return Address: City of Tukwila ATTN: City Clerk 6200 Southcenter Blvd 20081016000598 Tukwila, WA 98188 CITY OF OFK005 MISC 88.00 10/16/2008 13:11 KING COUNTY, WA Pies se 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) LDETERMINATION, FINDINGS OF FACT, ORDER OF THE CITY OF TUKWILA IMPROVEMENT OFFICER 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. GREENWAY, LINDA 2. Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. CITY OF TUKWILA 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) ALLENTOWN ADD Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Assessor Tax not yet assigned PARCEL# 0179000340 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 i�a h City of TukvWla Jim Haggerton, Mayor :'2 Department of Community Development Jack Pace, Director DETERMINATION, FINDINGS OF FACT, AND ORDER OF THE CITY OF TUKWILA IMPROVEMENT OFFICER DATE: October 10, 2008 TO: Linda Greenway 8702 19'' Ave. NW Seattle, WA 98117 RE: Property located at 4316 S. 124' St., Tukwila, WA Parcel #0179000340 "Subject Property CASE NO.: RFA08 -121 SUMMARY OF HEARING On October 10, 2008, 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 Representing the property owner: Linda Greenway, Trustee for Margaret Greenway, owner of property. SdCode Ent\2008UaFA08 -121 (GREENWAY- Debris) \RFA08 -121 Determination Findings Order.doc RFA08 -121 Greenway Hearing October 10, 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 from the file presented, the Improvement Officer makes the following Finding of Facts. 1. This property is occupied by Jeff Greenway, sister of Linda. Jeff is co -owner of the property with his mother, Margaret. Linda is trustee for Margaret. 2. On September 15, 2008 the City received notice from King County Public Health that the on site sewer system at the Subject Property had failed. The County is required the owner to connect to the public sewer system not later than October 15, 2008. 3. On September 23, 2008, the City issued a Violation Notice and Order for violations of the International Property Maintenance Code, as follows: IPMC 108.1.3 Structure Unfit for Occupancy; IPMC 506.1 Sanitary Drainage System; IPMC 307.1 Accumulation of rubbish. Compliance date was established as October 15, 2008. 4. On September 26, 2008, Code Enforcement Human Services met with Linda Greenway and Pam Valley, sisters of the occupant, to discuss the conditions at the property and services that might be available to assist. The sisters were informed that the county deadline of October 15, 2008 to connect to the public sewer was firm and that the City would enforce with the same deadline. 5. On September 26, 2008 the City issued a Complaint of Unfit Building, due to lack of an approved sewage disposal system. Hearing date was established at October 10, 2008 at 2:30 p.m. in DCD Conference Room #2. 6. Officer Hulvey read a statement from Mike Cusick, Senior Engineer regarding permitting requirements. Mike has agreed to issue the permit over the counter when submitted with the required sketch, application form and payment. 7. Officer Hulvey reviewed a statement from Bob Benedicto, Building Official, stating that based on the County's condemnation of the septic system, the dwelling is declared unfit for occupancy. He recommended that the dwelling be immediately vacated and secured against unlawful entry until such time as the connection is made to the public sewer system. 8. Linda Greenway stated that they have applied for a King County Major Home Repair loan for the costs of connecting to the sewer system, but have not yet received confirmation that their application has been approved. She stated that they expect to hear within several weeks, but not in time to comply with the October 15, 2008 deadline established by Public Health. 9. Linda has also been actively working on removing much of the debris from the property and cleaning up the basement water leak. Linda stated that there are some plumbing leaks inside the residence that also need to be repaired. RFA08 -121 Greenway Hearing October 10, 2008 Page 3 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. This structure is in violation of IPMC 506.1 Sanitary Drainage System "All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system." 2. The house is in violation of IPMC 108.1.3 Structure Unfit for Human Occupancy "A structure is unfit for human occupancy whenever the code official finds that such structure... lacks... sanitary facilities..." The property owner is hereby ordered to: 1. Discontinue occupancy of this structure not later than October 15, 2008. 2. Secure the structure against unlawful entry by means of plywood coverings over rear doors and windows, securely padlocking the front door, and ensuring that front windows are locked and unable to be opened from the outside. Owner shall provide the City Code Enforcement Officer with the keys to the padlock. 3. Sign a trespass agreement with Tukwila Police Department, allowing Police to remove trespassers from the property while the house is vacant. Post two or three "No Trespassing" signs on the front and rear of this property. 4. Apply for a permit to connect to the public sewer system when funding has been secured. 5. Dwelling cannot be occupied until the sewer connection has been completed and received inspection approval. Appeal You are entitled to appeal this Determination, Findings of Fact, and Order. You must request an appeal within thirty calendar days after receiving this Determination (by August 15, 2006). The appeal must be in writing to the Tukwila Office of the City Clerk, 6200 Southcenter Boulevard, Tukwila, WA 98188. 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. RFA08 -121 Greenway Hearing October 10, 2008 Page 4 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, Kai Q o Kathryn A. Stetson City of Tukwila Improvement Officer