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HomeMy WebLinkAbout2007 - Determination - Owens Bettye - 20071109000641 DEC 0'- 1001 Return Address: DEVELOPMENT City of Tukwila Dept. of Community Devel. 20071109000641 6300 Southcenter Blvd., Suite 100 CITY OF TUKWIL MISC 43.00 PAGE001 OF 004 Tukwila, WA 98188 11/09/2007 10:13 KING COUNTY, WA Please pant 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) I.Determination, Findings of Fact, 2. 3.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) I.Owens, Bettye 2. Additional names on page of document. Grantee(s) (Last name first, then first name and initials) I. City of Tukwila 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section township, range) YESLER ESTATE ADD N 20 FT OF 5 &.S 20 FT 01 6 Additional legal is on page of document. Assessor's Property Tag Parcel/Account Number El Assessor Tax not yet assigned 9818700525 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. Signature of Requesting Party City Of TukMla Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director 190 DETERMINATION, FINDINGS OF FACT, AND ORDER OF THE CITY OF TUKWILA IMPROVEMENT OFFICER DATE: November 6, 2007 TO: Bettye Owens Bettye Owens 31627 th Avenue PO Box 12493 Seattle, WA 98122 Seattle, WA 98111 RE: Property located at 4644 S 148` St., Tukwila, WA Parcel 0040000679 "Subject Property CASE NO.: RFA02 -048 SUMMARY OF HEARING On October 25, 2007, at 10:20 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 Dave Larson, Acting Building Official Representing the property owner: Property owner did not appear fi \Cnde Fnf Pic.,\2. 002\ RFA02 -049 Rettve Owens \RFA02 -04R Oete. mina9nn Findi— R. 0,d— dn, RFA02 -048 Owens Hearing October 25, 2007 Page 2 FINDINGS OF FACT Based on the Code Enforcement Officer's initial investigation of this matter, the Improvement Officer makes the following Finding of Facts. 1. The complaint file was opened in 2002 for weed overgrowth, junk vehicles, garbage, debris and rodents. 2. Numerous notices have been issued over the ensuing years, but there has been no compliance achieved and no contact with the property owner. Conditions remain virtually the same or worse. 3. The City issued a Complaint of Unfit Building on October 3, 2007 for unsafe and uninhabitable structure located at 4644 S. 148 St., parcel #0040000679. Copies were mailed certified and regular mail to the property owner and were posted on the property. 4. The complaint called for a hearing to be held on October 25, 2007 at 10:00 a.m. in the City of Tukwila Department of Community Development before the Improvement Officer. 5. The subject property has been without utilities (water, electricity) since 2004. The complaint cited International Property Maintenance Code (IPMC) 108.1.3 Structure unfit for human occupancy due to lack of utilities. 6. On October 5, 2007 neighbors notified code enforcement staff that the house was unsecured and the front door was standing open. Code Enforcement staff and the Building official visited the property, conducted a cursory inspection inside and out. The interior of the house is covered with trash, debris, with evidence of rodents, and mold. There are piles of mattresses, furniture, clothing and other debris in the front yard. The house itself was made secure with plywood over the front door to prevent unauthorized access. Photographs were taken. 7. On October 16, 2007 neighbors again notified the city that the plywood over the front door had been removed and that someone had been occupying the structure. Investigation by Code Enforcement staff showed evidence of recent occupation firewood piled near fireplace, smelled of smoke, propane lantern hanging from ceiling of living room, sleeping bag, clothes and food scraps in living room. The house was again temporarily secured against unlawful entry by City of Tukwila Public Works. Plywood was fastened over the front door, and east side windows. 8. The remaining windows and doors on the north and west sides have not been secured, but are covered with thick blackberry overgrowth, making access difficult. 9. The recent clearing of the front yard overgrowth has exposed a junk vehicle and large pile of debris. 10. The side and rear yard area is completely overgrown with blackberries. 11. Code Enforcement believes that there are additional junk vehicles and debris under the overgrowth. RFA02 -048 Owens Hearing October 25, 2007 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 house is in violation of IPMC 108.1.3 Structure Unfit for Human Occupancy due to lack of utilities. 2. The property is in violation of IPMC 307.1 Accumulation of rubbish or garbage. 3. The property is in violation of IPMC 302.8 Motor Vehicles (junk or inoperable vehicles). 4. The property is in violation of IPMC 302.4 Weeds. 'the property owner is hereby ordered to: 1. Restore the house to habitability by restoring all utilities and properly securing the structure against unlawful entry. Verification of habitability by means of an inspection by City of Tukwila Code Enforcement or Building Official must be obtained. OR 2. Completely secure the house against all unauthorized access by ensuring that all doors and windows are securely intact and locked at all times. OR 3. Obtain a demolition permit and remove the structure entirely. AND 4. Remove all debris, junk vehicles and weed overgrowth from the exterior property area. Compliance must be achieved not later than December 10, 2007. NOTE: Under Tukwila Municipal Code (TMC 8.28.030) this structure may meet the definition of a Vacant Structure which requires that vacant structures not appear to be vacant. Exterior conditions must be maintained and the structure may not remain boarded indefinitely. RFA02 -048 Owens Hearing October 25, 2007 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 December 10, 2007). The appeal must be in writing to the Tukwila Office of the City Clerk, 6200 Soutlhcenter 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