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HomeMy WebLinkAbout2008 - Determination - Stotsenberg Gregory - 20080206001731 a -IVE o 12008' COMMUNITY I I DEVELOPMENT Return Address: I City of Tukwila 2 0080206001731 CITY OF TUKWIL MISC 46.00 Dept. Of Community Devel. ezGes0i00s 0 0 55z 6300 Southeenter Blvd., Suite 100 KING COUNTY, WA Tukwila, WA 98188 Pease 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. and Order of the City of Tukwila 4. Improvement Officer Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) (Last name, first name, initials) 1. Stotsenberg, Gregory 2. Additional names on page of document. Grantee(s) (Last name first, then first name and initials) 1. City of Tukwila 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) CLARKS JAMES GARDEN ADD LESS N 89 FT Additional legal is on page of document. Assessor's Property Tag Parcel/Account Number Assessor Tax not yet assigned Parcel 1610000156 The Auditor/Recorder_will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. C u Signature of Requesting Party F JAN.11A. W,9sy J City of Tukwila Jim Haggerton, Mayor ai Department of Community Development Jack Pace, Director �soa DETERMINATION, FINDINGS OF FACT, AND ORDER OF THE CITY OF TUKWILA IMPROVEMENT OFFICER DATE: January 28, 2008 TO: Gregory Stotsenberg 15031 Military Rd S., #134 -13 Seattle, WA 98188 RE: 3752 S. 142 St., Tukwila, WA 98168 Parcel 1610000156 "Subject Property CASE NO.: RFA07 -315 SUMMARY OF HEARING On January 18, 2008, at 10:00 a.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 Bob Benedicto, Building Official Representing the property owner: Gregory Stotsenberg, Property Owner 1 RFA07 -315 Stotsenberg Hearing January 28, 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. At the request of the tenant, Code Enforcement Officer Kathryn Stetson and Building Official Bob Benedicto inspected the interior conditions at a duplex addressed as 3752S. 142 St. on December 21, 2007. 2. Multiple code violations were observed during this inspection, including: no source of heat, no bathroom sink, severely deteriorated floor, roof and foundation, illegal construction of wall converting one bedroom into two bedrooms, neither having adequate egress, lack of fire access around exterior of building, substandard and dangerous electrical conditions, no working smoke detector, and other items. 3. Based on the extent and severity of the code violations observed, the Building Official determined that this dwelling unit is unfit for habitation. 4. On January 9, 2008 Officer Stetson issued a Complaint of Unfit Building, calling for a Hearing before the Improvement Officer on January 18, 2008. The Complaint was also posted at the property, along with a notice of Condemnation, prohibiting occupancy. 5. The property owner, Mr. Stotsenberg confirmed that conditions inside the unit were substandard. He stated that he has not seen the inside of the unit for quite some time, and is currently in the process of evicting this tenant for non payment of rent. 6. Stetson and Benedicto both expressed concerns about conditions in the westerly half of the duplex, given what was observed in the easterly half. 7. Mr. Stotsenberg indicated willingness to permit an inspection of the westerly half (addressed as 3750 S. 142 with proper notice given to his current tenant. 8. Mr. Stotsenberg inquired about demolition permits and procedures. 9. Mr. Stotsenberg indicated that he is considering some form of redevelopment of the property in the near future. 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: I 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 Structures unfit for human occupancy states "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 RFA07 -315 Stotsenberg Hearing January 28, 2008 Page 3 maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment require by this code..." 3. The easterly half of the duplex, addressed as 3752 S. 142 St. is unfit for occupancy for the following reasons: a. Unit lacks any source of heat as required by IPMC 602.3 b. Unit lacks bathroom sink as required by IPMC 502.1 c. Bedrooms lack adequate egress as required by IPMC 702.4 d. Roof, floor and foundation exhibit severe deterioration, a violation of IPMC 304.7, 305.4, and 304.5, respectively. e. Unit lacks smoke detectors as required by IPMC 704.2 f. Unit contains unsafe and substandard electrical wiring and fixtures, as specified in IPMC 604.3. 4. The entire duplex lacks emergency access around the exterior of the structure. The sides and back are fenced with chain link and secured with padlocks, preventing access by emergency personnel as required by IPMC 702.1. 5. Based on the conditions observed in the east half, the City has reason to be concerned about conditions in the west half. At the minimum, the west half would be affected by the roof and foundation deterioration, as well as the lack of exterior emergency access. The property owner is hereby ordered to: 1. Discontinue occupancy of the unit addressed 3752 S. 142 "d St. (easterly half) not later than February 4, 2008. Notice of condemnation must remain posted at this location. 2. Give notice to current tenant in 3750 S. 142 St. (westerly half) of an inspection by the City to determine fitness for occupancy. Inspection to take place not later than February 11, 2008. Please call to make arrangements: 206 431 -3682. 3. Based on the inspection of 3750 S. 142 the Improvement Officer may require a second Unfit Building Hearing to discuss conditions in 3750 S. 142nd, or require other remedies to be discussed with property owner. 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 March 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 RFA07 -315 Stotsenberg Hearing January 28, 2008 Page 4 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. Re mediation/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