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