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HomeMy WebLinkAbout2006 - Notice of Violation - Lovata Richard - 20060110000868 RETURN ADDRESS: City of Tukwila Att: Kathryn A. Stetson 6200 Southcenter Boulevard Tukwila, WA 98188 -2544 20060110000868 CITY OF TUKWIL N 42.00 PAGE001 OF 011 01/10/2006 10:40 KING COUNTY, WA Document Title: NOTICE OF VIOLATION Reference Number(s) of Related Documents: RFA05 -103 Property Owner: Richard Lovata SUBJECT PREMISES: Premises known as 4507 S. 137 St., Tukwila, WA 98168 1 -2 4 RIVERTON MACADAM ROAD TRS W 112.5 FT OF FLOG N 20 FT OF 2 ALL 1 Parcel No: 7347600300 Case No: City of Tukwila Case No. RFA05 -103 Violation: The City of Tukwila inspected the subject premises at the above referenced address and determined that the following items may be in violation o£ IBC 105. 1, TMC 18.10.030, TMC 18.10.020. See Attached Order of the Hearing Examiner dated August 1, 2005; Fine Assessment Letter dated December 1, 2005; Inspection Results Letter dated December 21, 2005. CITY OF TUKWILA o;t� &Mff AJ KATHRYN A. STETSON, CODE ENFORCEMENT OFFICER Gg ie BEFORE THE HEARING EXAMINER CITY OF TUKWILA t`V In the Matter of a Notice and Order Issued to FILE: RFA05 -103 RICHARD LOVATA by the Code Enforcement Officer, Department of Community Development Introduction The Code Enforcement Officer issued a Notice and Order on May 16, 2005 to Richard Lovata for Code violations at property addressed as 4507 S. 137' Street, Tukwila, WA 98168. The matter was heard by the undersigned Hearing Examiner Pro Tern on July 26, 2005. Parties present at the proceeding were: the appellant, Richard Lovata, pro se; Peter Beckwith, City Attorney; Kathryn Stetson, Code Enforcement Officer; and Joyce Trantina, Code Enforcement Officer. At hearing, the parties stipulated that the Notice and Order was properly served and that the appellant had timely filed his appeal. For purposes of this decision, all section numbers refer to the Tukwila Municipal Code (TMC or Code) unless otherwise indicated. After due consideration of the evidence elicited during the appeal hearing, the following shall constitute the findings of fact, conclusions, and decision of the Hearing Examiner on this appeal. The following Exhibits were entered into the record on this matter: Exhibit 1: King County taxpayer record Exhibit 2: Notice and Order RFA05 -103 dated May 16, 2005 Exhibit 3: Appeal letter of Richard T. Lovata Exhibit 4: IBC Section 105.1 (2003) Exhibit 5: King County Assessor's real property records Exhibit 6: Chapter 18. 10, TMC Exhibit 7: TMC 18.06.073 Exhibit 8: Photos of subject property, May 6, 2005 Exhibit 9: Staff report, July 8, 2005 Findings of Fact l.. The subject property is addressed as 4507 South 137` Street, Tukwila. The King County parcel number is 7347600300. The appellant, Richard Lovata, is the legal owner of the property. Code Violation Appeal 1%.405-103 Page 2 of 5 2. The property is zoned Low Density Residential (LDR), and is developed with a house and a detached garage. The King County Assessor's records describe the house as a single family residence with four bedrooms, one bath, and a basement garage. 3. On May 6, 2005, Code Enforcement Officer Kathryn Stetson received a call from a tenant who resided in the garage at the subject property. The tenant complained that the main house was overcrowded with residents and that a toilet in the lower level of the house was not working. On that same day, both Ms. Stetson and City Building Official Bob Benedicto met the tenant at the property and inspected the garage and the lower level of the main house. 4. Ms. Stetson and Mr. Benedicto observed that the detached garage had a kitchen (with stove and refrigerator), a bedroom, bathroom and other living areas. They also saw that the lower level of the main house included four bedrooms, each of which had a number on the door. The lower level of the house also had a bathroom and laundry area and it appeared that the west end of the floor was under construction. The tenant stated that the owner was going to install a kitchen in that area. 5. The appellant has been renting out the main house to several tenants in what he calls a "shared housing" arrangement. The upstairs and downstairs bedrooms are rented to individual tenants. The appellant at one time had a written six-month lease with tenants, but that lease has expired. He has no written lease with any of the current tenants. The appellant finds new tenants as people move out, and has each prospective tenant meet the current tenants prior to renting to that person. Each tenant is charged the same amount of rent. 6. Two of the rooms in the house's lower level have windows which do not meet the Code's dimensional requirements for emergency egress and rescue windows. Rooms used as sleeping rooms are required to meet these dimensional requirements. 7. It is not known when the garage was converted to living space with the addition of the kitchen, bathroom and bedroom. The appellant asserts that the garage had already been converted to a "one bedroom house" when he purchased the property (Exhibit 3). It is also not known when the remodeling work was done in the main house. The City's records do not show that permits were issued for any of the remodeling work at the property. 8. On May 16, 2005, the City's Department of Community Development issued a Notice and Order to the appellant. The Notice and Order identified the following violations: (1) violation of section 105.1 of the International Building Code (IBC) by converting a garage to a dwelling unit without first obtaining required building, mechanical, electrical and plumbing permits, and remodeling the lower level of the house without obtaining required permits; (2) violation of TMC 18.10.030 by using the garage. as a rental unit that did not meet the requirements for an accessory dwelling unit in the LDR zone; and (3) violation of SMC 18.10.020 by converting the house to use as Code Vioiation Appeal RFA05 -103 Page 3 of 5 apartments or a boarding house, which is not permitted in the LDR zone. The Notice and Order listed the corrective actions to be taken and identified an appeal deadline of June 1, 2005. 9. On May 31, 2005, Mr. Benedicto met with the appellant at the site, and conducted another inspection. 10. On May 31, 2005, the appellant filed an appeal of the Notice and Order. 11. At hearing, the parties stipulated that the appeal had been timely and properly filed, and that the notice and order and notice of hearing had been properly issued. 12. At hearing, the City requested that, in addition to the corrective actions set forth in the staff report, the appellant be required to obtain an inspection by the Department within 90 days, to confirm that the corrective actions had been completed. 13. The IBC has been adopted into the Code by reference, TMC 16.04.020. Under Section 105.1, various permits, including building, plumbing, mechanical and electrical permits, were required for the remodeling work that has been done in the lower level of the house, and the conversion of the garage to a dwelling unit. 14. TMC 18.06.073 defines "boarding house" as "a residential building or use which provides housing on a short term commercial basis for tenants." 15. TMC 18.10.020 and .030 identify the uses that are permitted in the LDR zone. Accessory dwelling units (ADUs) are permitted if they meet certain requirements, including that the unit be "incorporated into the primary detached single family residence, not a separate unit." Conclusions 1. The Hearing Examiner has jurisdiction over this appeal pursuant to TMC 8.45.090. 2. The garage does not meet the definition of an accessory dwelling unit, and its use as a dwelling unit is not permitted in the LDR zone. The appellant indicated that the garage was already converted to a dwelling unit when he bought the property but this would not change the fact that the use is not permitted in this zone. 3. Although the appellant described the rental agreement with tenants as a "shared housing" arrangement, the use of the main house meets the definition of a boarding house under the Code. The appellant finds the individual tenants and rents rooms to these individuals. This boarding house use is not permitted in the LDR zone. Code Violation Appeal krA05 -103 Page 4 of 5 4. The conversion of the garage to a dwelling unit, and the remodeling work in the main house, were done without the required permits, in violation of the Code. Even if the remodeling and conversions were performed by a different owner in the past, the work was done illegally and the City may require that the property be restored or that required permits be obtained. 5. The Notice and Order was properly issued on account of the Code violations at the property. The corrective actions identified in the Notice and Order and requested by the City at hearing are appropriate and shall be ordered. Decision and Order The Notice and Order issued to Richard Lovata on May 16, 2005, is sustained. The following corrective actions are hereby ORDERED: 1. Immediately discontinue use of the garage as an accessory dwelling unit. Within 60 days, remove the kitchen and bathroom facilities, and do not use the structure as a dwelling unit. 2. Immediately discontinue use of the main house as a boarding house. 3. Obtain building, mechanical, electrical and plumbing permits for work that has been started or completed within the main house. The permit applications shall be submitted within 30 days from this decision. 4. Obtain all required inspections and provide copies of the completed permits to the City. All work under the permits shall be completed within 60 days of the permit issuance. 5. Within 90 days of this decision or at a later date as determined by the Building Official and Code Enforcement Officer, provide access to the property to the Building Official and/or Code Enforcement Officer to verify that the above corrective actions have been completed. 6. If the appellant fails to complete the identified corrective actions, a monetary penalty may be imposed pursuant to SMC 8.45.100, of $500.00 Der day for each violation of the Code, until the violation is corrected. Entered this day of August, 2005. Anne Watanabe Hearing Examiner Pro Tem Code Violation Appeal RFA05 -103 Page 5 of 5 Concerning Further Review TMC 8.45.090.D states: "The decision of the Hearing Examiner shall be final and conclusive unless appealed. In order to appeal the decision of the Hearing Examiner, a person with standing to appeal must file a land use petition, as provided in RCW 36.70C, within 21 days of the issuance of the Hearing Examiner's decision. The cost for transcription of all records ordered certified by the superior court for such review shall be borne by the appellant." Ci o Tuk vt'la `'J f Steven M Mullet, .Mayor Department of Communi Development Steve Lancaster Director 1908 December 1, 2005 Mr. Richard Lovata 4507S 137` St. Tukwila, WA 98168 RE: Code Violations at 4507 S. 137` St. in Tukwila, WA File RFA05 -103 Dear Mr. Lovata: On July 26, 2005 you were present for a hearing before the Tukwila Hearing Examiner regarding conditions on your property. The Hearing Examiner's decision was rendered on August 1, 2005 and you received a copy by mail. The Hearing Examiner determined that the City's Notice and Order was valid and that you were in violation of Tukwila Municipal Code. Further, the Hearing Examiner assessed a penalty of $500..00 /per.day. for each violation until the violations are.corrected by the deadlines imposed in the' decision. A reminder letter was mailed to you October 28, 2005 (copy enclosed) and multiple unsuccessful attempts to reach you by telephone have been made. As of today you are still in violation of most of the requirements imposed by the .Hearing Examiner: 1. The kitchen and bathroom facilities installed in the detached garage were to be removed within 60 days (October 1, 2005). This has not yet been verified. No inspection request has been received. Fine amount 61 days x $500 /per day $30.500.00 2. Immediately discontinue the use of the main house as a boarding house. This has not yet been verified. No inspection request has been received. Fine amount =122 days x $500 /per day $61,000.00 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax. 206 431 -3665 Richard Lovata December 1, 2005 Page 2 3. Obtain building, mechanical, electrical and plumbing permits for the work that had been started or completed in the main house. Permit applications to be submitted within 30 days (September 1, 2005). Copies of electrical and plumbing permits were submitted to me on September 1, 2005. There is no record of any building or mechanical permit applications received by the City as of the date of this letter. Fine Amount 91 days x $500 /day $45,500.00 4. Obtain all required inspections and provide copies of completed permits to the City. All work under the permits to be completed with 60 days (October 1, 2005). No copies of completed permits have been provided to the City as of today. A voicemail message was left for me on 11/1/05 requesting additional time to inspect. This extension was granted with the understanding that you would call for inspections by November 8, 2005. No inspection request has been received as of the date of this letter. Fine Amount 61 days x $500 /day $30,500.00 5. Arrange for inspection of the property by the Building Official and Code Enforcement to verb that all the corrections have been made. This inspection request to be submitted within 90 days (November 1, 2005). No inspection request has been received as of the date of this letter. Fine Amount 30 days x $500 /day $15,000.00 You are now in violation of the Hearing Examiner's decision and are hereby assessed a total fine in the amount of $182,500.00. This matter is also being referred to our City Attorney for further action. If you have any questions about this matter, please contact me at 206 431 -3682 or via email at tukcode(a.ci.tukwila.wa.us. Sincerely, 6 ;nnu Kathryn A. Stetson Code Enforcement Officer Cc: Assistant City Attorney Building Official y Cit o Tukwila �s, .t f T Steven M. Mullet, Mayor `O 2 Department of Community Development Steve Lancaster, Director 1908 December 21, 2005 Mr. Richard Lovata 4507 S. 137' St. Tukwila, WA 98168 RE: RFA05 -103 4507 S. 137`' St. Dear Mr. Lovata: The purpose of this letter is to confirm the results of our inspection on December 16, 2005 and detail the violations of the Tukwila Municipal Code which continue to exist on your property. The inspection was conducted by Tukwila's Building Official, Bob Benedicto and both Code Enforcement Officers, Joyce Trantina and Kathy Stetson. Our findings are outlined below: 1. The upper level of the house appears to be occupied by a single. family.. You indicated that your son and your girlfriend occupy the space with you upstairs. 2. You confirmed that there is one additional person occupying one of the bedrooms in the lower level. We did not inspect this. room, as it was occupied. We have not determined if the egress window in that room is adequate or if the room can be used as a bedroom. The remaining bedrooms were not inspected, but you indicated that they were not occupied. 3. The floor in the bathroom/laundry area/hall was broken out to gain access to the sewer pipes. You indicated that you had obtained a plumbing permit from King County Public Health but were "unable to comply with their requirements." You confirmed that the bathroom in the lower level was not functional. 4. The detached accessory building on the property was inspected. The kitchen cupboards were still installed. The kitchen appliances were still present, but disconnected from the electrical outlets. The living area was filled with furniture and storage items (boxes, etc.). The water heater, clothes washer and dryer were still present in the bedroom closet and apparently still being used. The bathroom area had been walled off with recently installed drywall. We were unable to confirm if the bathroom fixtures have been removed or are still present. You told us that they had been removed. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 Richard Lovata RFA05 -103 Page 2 As a result of this inspection, the City has determined that you are still in technical violation of the Notice and Order issued by the City and the Hearing Examiner's Decision upholding the same: 1. Immediately discontinue us of the garage as an accessory dwelling unit. Within 60 days, remove the kitchen and bathroom facilities and do not use the structure as a dwelling unit. (October 1, 2005). The kitchen sink and cupboards were still present during our inspection. The kitchen appliances were present, but not connected to the electrical outlets. Although we were unable to verify that the bathroom fixtures had been removed, we believe they still exist unchanged behind the temporary drywall. 2. Immediately discontinue the use of the main house as a boarding house. There is still one tenant occupying a room in the lower level. The lower level bedrooms are still designated with unit numbers. 3. Obtain building, mechanical, electrical and plumbing permits for the work that had been started or completed in the main house. Permit applications to be submitted within 30 days (September 2, 2005). Electrical permit has been obtained from Labor Industries. However, you indicated that you were "unable to comply with their requirements" Plumbing permit has been obtained from King County Public Health. However, you also indicated that you were "unable to comply with their requirements." There is no record of building or mechanical permits having been issued for any of the remodeling done inside the main house. 4. Obtain all required inspections and provide copies of the completed permits to the City. All work under the permits shall be completed within 60 days of the permit issuance. The electrical and plumbing permits have not received final inspection. By your own admission you are "unable to comply" with the requirements of the permits. You have not obtained building or mechanical permits as required in #3 above. 5. Within 90 days of this decision or at a later date as determined by the Building Official and Code Enforcement Officer, provide access to the property to the Building Official and/or Code Enforcement Officer to verify that the above corrective actions have been completed. The inspection was conducted on 12/16/05 and we determined that violations still exist as of that date. Richard Lovata RFA05 -103 Page 3 Based on the above findings, the City of Tukwila has determined that you have failed to comply with the corrective action required by the Hearing Examiner's Decision dated August 1, 2005. Notice of these continual violations will be filed with the King County Recorder's office. As you are aware, the Hearing Examiner's Decision included a provision to assess fines in the amount of $500.00 per violation per day. These fines continue to accrue as long as the violations exist. If you have any questions, please feel free to contact me at 206/431 -3682. Sincerely, Kathryn A. Stetson Code Enforcement Officer Cc: Bob Benedicto, Building Official Lacey Madche, Assistant City Attorney King County Recorder