Loading...
HomeMy WebLinkAbout2006 - Notice of Violation - Peycke Teresa - 20060421000210 RETURN ADDRESS: I I I City of Tukwila Att: Kathryn A. Stetson 6200 Southcenter Boulevard 20060421000210 Tukwila, WA 98188 -2544 CITY OF TUK008 C 39.00 04/21/2006 09:39 KING COUNTY, WA Document Title: NOTICE OF VIOLATION Reference Number(s) of Related Documents: RFA05 -064 Property Owner: Teresa F Peycke SUBJECT PREMISES: Premises known as 11710 40 Ave S., Tukwila, WA 6 Riverside Interurban Trs E 1/2 of S 1/2 Parcel No: 7340600122 Case No: City of Tukwila Case No. RFA05 -064 Violation: The City of Tukwila inspected the subject premises at the above referenced address and determined that the following items may be in violation of: TMC 8.28.020. See attached Hearing Examiner's Decision of the Notice Order appeal, Notice of Fine Imposed. CITY OF TUKWILA M 0A )�M KATHRYN A. STETSON, CODE ENFORCEMENT OFFICER r City of Tukwila 0 Steven M. Mullet, Mayor Q O Department of Community Development Steve Lancaster Director 1908 November 10, 2005 Teresa Peycke C/o Dan Brodigan 23653 Pacific Highway So., #16 Kent, WA 98032 RE: Code Violations at 11710 40 Ave S. in Tukwila, WA File RFA05 -064 Dear Ms. Peycke: On September 27, 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 September 28, 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 the International Property Maintenance Code. Further, the Hearing Examiner assessed a $500.00 penalty payable by November 1, 2005, but provided you with a waiver if you completed certain items by October 31, 2005. Our inspection on November 9, 2005 showed that violations still exist. There are appliances, furniture and other debris in the area between the garage and the shed, and the house and all accessory structures have not been secured with plywood over all openings as required by the Hearing Examiner. You were also required to disconnect all utilities to this residence and refrain from occupying the house until you can provide proof to the city that all utilities have been properly restored. You are now in violation of the Hearing Examiner's decision and are hereby assessed a fine in the amount of $500.00. 6300 Southcenter Boulevard, Suite #100 9 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665 Teresa Peycke November W, 2005 Page 2 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(aci.tukwila.wa.us. Sincerely, Kathryn A. Stetson Code Enforcement Officer Cc: Assistant City Attorney RECEIVED BEFORE THE HEARING EXAMINER ISEP 2 9 2005 CITY OF TUKWILA DEVELOPMENT In the Matter of a Notice and Order Issued to FILE: RFA05 -064 TERESA F. PEYCKE By the Code Enforcement Officer, Decision and Order Department of Community Development Introduction The Code Enforcement Officer issued a Notice and Order on March 21, 2005 for property addressed as 11710 40` Avenue South in Tukwila. The Notice and Order was not appealed. On August 12,'2005, the Code Enforcement Officer issued a Notice and Order (Notice of Condemnation). The Appellant, Teresa F. Peycke, exercised her under Chapter 8.45 Tukwila Municipal Code to appeal the August 12, 2005 Notice and Order. The appeal was heard before the undersigned Hearing Examiner (Examiner) on September 27, 2005. Parties present at the proceeding were: the Appellant, Teresa F. Peycke, represented by Dan Brodigan, pro se; Lacey L. Madche, City Attorney; Kathryn Stetson, Code Enforcement Officer; and Joyce Trantina, Code Enforcement Officer. At hearing, the parties stipulated that the appeal was timely filed. The following exhibits were entered into the record in this matter: Exhibit I Staff Report dated August 29, 2005, with attached parcel map, King County Assessor's real property records for the subject property, and King County property tax information for the subject property Exhibit 2 Notice and Order to Teresa Peycke dated March 21, 2005 and Attachment "A" Exhibit 3 Notice and Order (Notice of condemnation) to Teresa Peycke dated August 12, 2005 Exhibit 4 August 24, 2005 Appeal letter from Teresa Peycke Exhibit 5 International Property Maintenance Code (IPMC) Sections 106 through 109 Exhibit 6 IPMC Sections 304.18.1 through 307 Exhibit 7 Chapter 8.24 TMC Exhibit 8 Four photographs of the subject property taken on August 12, 2005 For purposes of this decision, all section numbers refer to the Tukwila Municipal Code (TMC or Code) unless otherwise indicated. Decision and Order z V I File #RFA05 -064 Page 2 of 5 Having considered the evidence in the record, the Examiner enters the following findings of fact, conclusions and decision on this appeal. Findings of Fact 1. The subject property is addressed as 11710 40` Avenue South in Tukwila. The King County parcel number is 7340600122. The Appellant, Teresa F. Peycke, is the legal owner. The property is improved with a residence, a garage and a shed. 2. On March 18, 2005, Code Enforcement Officer Kathryn Stetson was notified by Tukwila Police that water and electrical .service had been shut off to the residence on the subject property, and that the residents were using car batteries attached to wiring, and .extension cords running to adjacent houses, to obtain electric power. 3. Officer Stetson, accompanied by a Tukwila Police Officer, inspected the property on March 18 and found several large containers of bottled water and empty water containers on the front porch. 4. Officer Stetson contacted the Tukwila Finance Department and confirmed that water service to the residence had been shut off in November of 2004. She contacted Seattle City Light and confirmed that electrical power to the residence had been shut off in October of 2004. On March 21, 2005, Officer Stetson issued a Notice and Order to the Appellant and posted a copy on the property. (Exhibit 2.) The Notice and Order stated that the property violated IPMC 108.1.3 (Unfit for occupancy) and 307.1 (Trash and debris), and required that the residence be vacated and secured from unlawful entry until the owner provided proof that the power and water had been restored, and that all trash and debris be removed from the shed and surrounding area of the property. The Notice and Order was not appealed. On July 28, 2005, Officer Stetson received notice from a Tukwila Police Officer that water service had been restored to the property, but that power had not. Officer Stetson confirmed with the Tukwila Finance Department that water service had been restored, and with Seattle City Light that electrical service was still disconnected. On August 12, 2005, Building Official Robert Benedicto issued a'Notice and Order of Condemnation, declaring the house unfit for human habitation due to lack of electrical service. (Exhibit 3.) The Notice and Order required that the premises be vacated and remain unoccupied except for entry to clean up and make necessary repairs and that the premises be secured against unlawful entry. It also required that all utilities be shut off. The Notice and Order established a compliance date of September 1, 2005, and required the Appellant to schedule an inspection of the premises when the work was completed. When posting the Notice and Order, Ms. Stetson and Mr. Benedicto saw what they considered a "junk vehicle" parked on the property and photographed it. (Exhibit 8.) Decision and Order Fite #RFA05 -064 Page 3 of 5 On August 24, 2005, the Appellant filed a timely appeal of the Notice and Order, stating that the garbage and debris were being cleaned up, water service had been restored and that electrical service was being restored. (Exhibit 4.) Officer Stetson checked again on August 29, 2005 with Seattle City Light, which confirmed that power had not been restored to the property. The City asks that within 30 days of the Hearing Examiner's decision, the Appellant be required to perform all the requirements stated in the August 12, 2005 Notice and Order, remove all accumulated debris from the yard, inside the accessory structure and front porch of the house, and store the junk vehicle inside the garage or remove it from the property. Dan Brodigan, on behalf of the Appellant, testified that he has been working with the Building Official on this matter and has secured the property to prevent any human occupancy until he is able to resolve an outstanding electrical bill and get power restored to the residence, which he expects to happen in late October. He also testified that the garbage has been removed from the property. Mr. Brodigan did not dispute the violations. The City was not able to confirm at hearing that the property was in compliance with the August 12, 2005 Notice and Order. However, Ms. Stetson testified that the City's focus in on compliance rather than penalties. TMC 8.28.020 adopts the IPMC into the City's Code with certain amendments not relevant here. IPMC 108.1 provides that a structure is not fit for human occupancy "whenever the code official finds that such structure lacks illumination, sanitary or heating facilities or other essential equipment required by this code." IPMC 307.1 requires that all "exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage." TMC 8.24.020 provides that "[i]t is unlawful for any person to keep, store or park, or permit any other person to keep, store or park any junk vehicle upon any privately -owned property in the City of Tukwila." TMC 8.24.020.1 states that a "junk vehicle" is a vehicle that meets three or more of the following criteria: "a. Is three years old or older; b. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield; or missing wheels, tires, motor, or transmission; c. Is apparently inoperable; d. Is without valid, current license plates or is unregistered; or e. Has an approximate fair market value equal only to the approximate value of the scrap in it." TMC 8.24.030 establishes a two- tiered system of enforcement for violations of Chapter 8.24 TMC. The enforcement system for a Notice of Violation, which may be appealed to Decision and Order File #RFA05 -064 Page 4 of 5 the Hearing Examiner, requires that the Notice include a "description of the [junk] vehicle and its location' and a "statement of the corrective action that the Code Enforcement Officer believes necessary to comply" with Chapter 8.24 TMC. TMC 8.45.100.A.2.a provides that a person who violates the Code is subject to a penalty of $500.00 per day "for each violation from the date set for compliance until compliance is achieved." Conclusions 1. The Hearing Examiner has jurisdiction over this appeal pursuant to TMC 8.45.090. 2. The subject property is in violation of IPMC §108.1 on structures not fit for human occupancy, and IPMC §307.1 on accumulation of rubbish or garbage. 3. Although the property appears to be in violation of TMC 8.24.020 prohibiting storage of junk vehicles, that violation was not included in either Notice and Order issued to the Appellant or in a separate Notice of Violation pursuant to Chapter 8.24.030. Decision and Order 1. The Notice and Order dated August 12, 2005 is sustained. The Appellant violated the IPMC as adopted by the City Code. 2. The Appellant is ordered to pay to the City a penalty in the amount of $500.00. However, if the ADDellant takes the followine actions no later than October 31, 2005, the Denaltv is waived: A. Schedule a final inspection to take place no later than October 31, 2005; B. Secure the house and all accessory structures on the property with a minimum of one half -inch plywood panels installed_ over all windows and doors, with the panels secured with wood screws installed at the corners and at 8 inches on the center at the panel edges; C. Disconnect all utilities; and D. Remove all accumulated debris and garbage from the yard, the inside of accessory structures and the exterior of the residence. 3. If the Appellant fails to take all actions required in paragraph 2 above on or before the October 31, 2005 deadline, the Appellant shall pay to the City the penalty of $500.00 on November 1, 2005. z Decision and Order File #RFA05 -064 Page 5of5 4. The Appellant is further ordered to refrain from allowing the buildings on the property to be occupied until the Appellant provides to the City proof that electrical power and water service have been restored to the property. Entered this 28 day of September, 2005 Sue A. Tanner Hearing Examiner Concerning Furthef Review TMC 8.45.090.1) 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."