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Home My WebLink About2008 - Determination - Stotsenberg Gregory - 20080320001119 RED.. VED APR 11 2008 COMMUNITY DEV ELOI PENT II Return Address: I. I City of Tukwila 2 008 Code Enforcement Division 0320001119 6300 Southcenter Blvd., Suite 100 CITY OF TUKWIL MISC 47.00 Tukwila, WA 98188 03/20 2008 1 KING COUNTY, Wp Please 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 TMproxrPment nffi rer 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. Stotsenberg, Gregory 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) CLARKS JAMES GARDEN ADD LESS N 89 FT Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Assessor Tax not yet assigned Parcel #1610000156 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 City of L uk la Jim Haggerton, Mayor u�; Department of Community Development Jack Pace, Director 190S DETERMINATION, FINDINGS OF FACT, AND ORDER OF THE CITY OF TUKWILA IMPROVEMENT OFFICER DATE: March 14, 2008 TO: Gregory Stotsenberg 15031 Military Rd S., #134 -B Seattle, WA 98188 RE: 3750 3752 S. 142 St., Tukwila, WA 98168 Parcel 1610000156 "Subject Property CASE NO.: RFA07 -315 SUMMARY OF HEARING On March 12, 2008, at 11:00 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 Mary Hulvey, Code Enforcement Officer Bob Benedicto, Building Official Representing the property owner: Gregory Stotsenberg, Property Owner SACode Enf Pics\2007\RFA07 -315 (Stotsenberg- duplex)\RFA07 -315 Determination Findings Order2.doc RFA07 -315 Stotsenberg Hearing March 13, 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. An Unfit Building Hearing for the duplex addressed as 3752 S. 142 St. was held on January 18, 2008. 2. A partial Determination was issued on January 28, 2008 requesting an inspection of the westerly half of the duplex in order to determine if the building was fit for occupancy. 3. The inspection of the westerly half, addressed as 3750 S. 142 "d St., was conducted by Bob Benedicto and Kathryn Stetson on February 27, 2008. 4. The inspection revealed multiple code violations including: no operable windows in the unit, bedroom has no emergency egress opening, rooms do not meet minimum dimensions or area requirements for a habitable dwelling unit, rear exit door is blocked and not usable, bathroom lacks ventilation and does not have a required lavatory, kitchen lacks ventilation and does not provide for minimum dimensions, unit has only one electric baseboard heater located in the living room unit has only one battery operated smoke detector located in the kitchen area. The detector had been disabled. Exterior of the unit, including the roof is in poor condition. 5. Based on this inspection, and the inspection conducted previously of the other unit, a second Complaint of Unfit Building was issued on February 27, 2008, originally calling for a hearing to be held at 3:00 pm on March 12, 2008. The notice was mailed and posted at the property. 6. At the request of the property owner, the hearing time was changed to 11:00 a.m. on March 12, 2008. 7. Mr. Stotsenberg did not disagree with any of the City's findings, but expressed concern over an obligation for relocation assistance. He indicated that his tenant is currently in arrears on their rent about $600. He stated that he does not have a written rental agreement with his tenant. 8. Mr. Stotsenberg asked about regulations which would "grandfather" certain conditions of his building. Mr. Benedicto explained that legally constructed buildings, that is, buildings properly permitted and inspected, remain lawful under subsequently adopted codes. RFA07 -315 Stotsenberg Hearing March 13, 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. 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 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. As previously determined, 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 emergency 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 westerly half of the duplex, addressed as 3750 S. 142 St. is unfit for occupancy for the following reasons: a. Unit lacks bathroom sink as required by IPMC 502.1 b. Bedroom lacks adequate emergency egress as required by IPMC 702.4 c. Unit lacks adequate smoke detectors as required by IPMC 704.2 d. Unit lacks ventilation in the bathroom as required by IPMC 403.2 e. Unit lacks ventilation as required by IPMC 403.1 f. Roof, floor and foundation exhibit severe deterioration, a violation of IPMC 304.7, 305.4, and 304.5, respectively. g. Unit does not meet minimum room dimensions as required by IPMC 404.2. 5. 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. RFA07 -315 Stotsenberg Hearing March 13, 2008 Page 4 The property owner is hereby ordered to: 1. Discontinue occupancy of the entire building not later than April 15, 2008. Notices of condemnation must remain posted at this location. 2. Submit demolition permit application not later than April 16, 2008. 3. Complete the demolition of this structure within 30 days of the date of demolition permit issuance. Obtain all required inspections under the issued demolition permit. 4. Tenant is most likely entitled to Relocation Assistance under TMC 8.46. Formal notices have been provided to both the landlord and the tenant of this regulation. Relocation Assistance Ordinance 2122, TMC 8.46 establishes a relocation assistance program for tenants whose dwellings have been condemned by the City. Tenants may be entitled to relocation assistance from the landlord in the amount of $2000 or three times the monthly rent amount pursuant to RCW 59.18.085. 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 15, 2008). 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. RFA07 -315 Stotsenberg Hearing March 13, 2008 Page 5 Questions regarding the Determination, Findings of Fact, and Order should be directed to the Code Enforcement division at 206/431 -3682. Sincerely, kaA'ugw Kathryn A. Stetson City of Tukwila Improvement Officer