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Home My WebLink About2008 - Determination - Cagle Ruth - 20080512001584 Return Address: City of Tukwila I City Clerk 6200 20080512001584 6200 Southcenter Blvd Tukwila, WA 98188 PA�E601 OFK005 MISC 46.00 KING Y, WA 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) L Determination, Findings of Fact, 2. and order of the City of Tukwila Tmnrnuement Office 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. Caale. Ruth 2. Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. Citv of Tukwila 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) ADAMS HOME TRS E 65.15 FT LESS RD PER DEED 420050518000267 Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Assessor Tax not yet assigned Pnrral #00 4 00000 99 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 ,y City Of Tula f4L i Z Jim Haggerton, Mayor 2 Department of Community Development Jack Pace, Director 1908 DETERMINATION, FINDINGS OF FACT, AND ORDER OF THE CITY OF TUKWILA IMPROVEMENT OFFICER DATE: April 27, 2008 TO: Ruth Cagle PO Box 69502 Seattle, WA 98168 RE: 3421 S. 144 St., Tukwila, WA 98168 Parcel 0040000088 "Subject Property CASE NO.: RFA00 -300 SUMMARY OF HEARING On April 17, 2008 at 11:30 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 Representing the property owner: Ruth Cagle, Property Owner John Hicks, Owner's Son Mike Overbeck, citizen SACode Enf Pics\2000\RFA00- 300\RFA00 -300 Determination Findings Order.doc 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 RFA00 -300 Cagle Hearing April 27, 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. This structure was declared contaminated by Public Health Seattle King County in November of 2000 due to the presence of hazardous chemical and/or materials believed to be used in an illegal meth lab. Notices posted on the property state that dangerous chemicals have been removed, but toxic residue may remain. Mrs. Cagle was served with a Notice and Order from Public Health which required that she hire a decontamination contractor to clean the property. The order prohibited occupancy until decontamination had been completed. The compliance date was January 3, 2000. 2. Cagle appealed the notice, but lost the appeal. The property remains unoccupied. Decontamination has not been completed. 3. Cagle stated that a "barn" originally located on the property had already been demolished. 4. Cagle presented photographs taken recently showing that debris in the yard had been removed. 5. She stated that they are considering several options for dealing with this property, including demolition of the structure, or allowing the structure to be burned as a fire training exercise. 6. She stated that the property is currently being marketed "for sale by owner" on a local website. 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 unfit for occupancy, due to the contamination order issued by Public Health and the fact that the property has not been decontaminated as required by Public Health. 2. The structure must be decontaminated according to Public Health requirements. 3. The structure may be demolished under the supervision of a certified Clandestine Drug Lab contractor under a city- issued demolition permit. RFA00 -300 Cagle Hearing April 27, 2008 Page 3 The property owner is hereby ordered to: 1. Decontaminate the structure under the requirements of Public Health Seattle King County and provide the City with a copy of the compliance letter. 2. If you do not wish to retain the structure, you may demolish the structure under the supervision of a certified Clandestine Drug Lab contractor and a City- issued demolition permit. Disposal of the demolition debris must be in accordance with the requirements of Public Health. 3. All work to be completed within 60 days of the date of this Determination (July 2, 2008). Mrs. Cagle has requested some assistance from the City regarding this property. The City is prepared to offer the following: 1. The City can arrange for a disposal dumpster to be sited on your property. There would be no drop charge or rental charge for this dumpster. Disposal costs would be your responsibility and you must follow any special disposal requirements for any contaminated material. 2. The City can offer to enter into a Voluntary Compliance Agreement with you, wherein the City will undertake the decontamination and demolition of this structure and place a lien for these costs against your property. This lien to be paid back to the city at the time the property is sold. If you wish to pursue either or both of these options please contact me as soon as possible so that we can discuss timing and other details. 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 June 6, 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 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. RFA00 -300 Cagle Hearing April 27, 2008 Page 4 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, Xtawr 0 &VA rku Kathryn A. Stetson City of Tukwila Improvement Officer