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
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I.Determination, Findings of Fact, 2.
3.and Order of the City of Tukwila 4.
Improvement Officer
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I.Owens, Bettye
2.
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I. City of Tukwila
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YESLER ESTATE ADD N 20 FT OF 5 &.S 20 FT 01 6
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9818700525
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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
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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