HomeMy WebLinkAbout2018 - Findings Determination and Order - Wu Wen - 20181012000136All II II f II 11111111
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City ~ f Tukwila
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FINDINGS, DETERMINATION AND ORDER
OF THE IMPROVE�,'�ENT OFFICER FOR THE CITY OF TUKWILA
In the Matter ofthe Hearing for
WEN ITU LEE, aka WEN SHAN WU
u
ofUnfit Building
In
8mm&nfion
The City Code Enforcement Officer issued
Case Numbers:
,Z,
For
ComplaiBy the City of Tukwila Code Enforcement Officer
nt
aComplaint ofUnfit Building onJuly 25 20188»
VVenVVuLee, aka VVenShan VVu.Ahearing onthe Complaint ufU��Building was
`held before
the Improvement Officer, Jack Pace, Dimc1or, Department ofCommunity Development, on
For purposes
ofthis decision, all section numbers refer 0othe Tukwila Municipal Code TIVICor
Code) unless otherwise indicated. After due consideration of the evidence elicited during the
hearing, the following shall constitute the findings of fact, conclusions, and determination of the
Improvement Officer.
The
Jim Toole, Code Enforcement OffJerry Hight, Building Official
icer
gindividuaboubmktedVondmonyundoroath:
City Witnesses:
Property Owner Witnesses:
vvenVVu Lee, AKA Wen Shan Wu ("&4a. Lee")
Assistant City Attorney Ann Marie Soto represented the City a1the hearing.
EXHIBITS:
The following exhibits were admitted into the record:
Opening Statement of Code Enforcement Officer Toole dated August 22, 2018,
Exhibit B: Chronology (Permits & Code Enforcement Cases)
Exhibit 4:Complaint ofUnfit Building dated July 25.2O1d,
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Exhibit C:Statutory Warranty Deed
Exhibit D:Real Estate Excise Tax Affidavit
Exhibit E:King County Dept. ofAssessments, Property Tax Information
Exhibit F:Vicinity Map, Gnog|eStreet View, King County iMapAerial Maps
Exhibit G:Email Correspondence
Property Owner:
Rebuttal of Evidence Report dated August 22, 2018
The Improvement Officer enters the following findings and conclusions based on the testimony
and exhibits admitted at the hearing:
Findings and Facts
The subject property isaddressed as 1502642nd Ave S.Tukwila, VVashington, and is
King County parcel number 004200-0247. The property is owned by Wen Shan Wu and
is vacant.
2. King County records indicate the property owner purchased the subject property onJuly
3. OnJuly 22.2002.anapplication was submitted k/the City for moving anexisting
modular home onto the subject property. No fees were o»||eoted, and no permits were
issued.
4. In 2003 and 2005, code enforcement cases were open under case nos. RFA03-060 and
RFA05-177, respectively, citing violations for abandoned material, junk vehicle, vehicle
parking, and weeds.
5. In 2006 and 2007, an existing one-story residence was moved to the site and raised, a
new concrete foundation was added, and a new story was framed under the existing
relocated structure, To accommodate the movo, itappears the original structure was
cut in half,
0. Since 2002, Ms, Lee has applied for fifteen (15) separate permits (development,
rnechanical, public works, electrical, project and plumbing) related to the relocation and
construction of the structure at a total cost of $6,868.34. Nine (9) permits were issued.
To date, only one (1) of the fifteen (15) permits has been finaled. There are no active
permits on this property and there are no permit applications currently under review.
The last permit, D14-0261, for completion of the interior and exterior of the structure
expired on April 23, 2018.
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7 |n200Sand 2011.two new code enforcement cases were opened under Case Nos.
RFA09-345 and RFA1 1-158, respectively, citing violations relating to the abandoned
cono1moLinn, construction debris, junk vehicles, and overgrown vegetation. Both of
these cases are active code enforcement matters, naou|dng in the instant Unfit Building
8. In 2016, 2017, and 2018, Tukwila Police were Summoned to the property for possible
illegal entry into the home. In 2016, five people were removed from the home for
trespassing.
Q. On April 12.2O18.asite visit was conducted toinspect the building. City staff met with
the owner. The inspections were conducted by: Jim Benner, City Electrical |nnpector,
Lee Sipe, City Building Inspector, DonTomaoo. City Battalion Chief /Fim yNemho| Lauri
Dunning. City Code Enforcement Officer, and Jim Toole, City Code Enforcement
'
Officer. Mr. Toole testified as to the condition of the property observed during the
innp*ction, as described in the Unfit Building Complaint aofollows:
° The framing for the first floor is only partially complete, and the repairs to rejoin the
structure which was cut in half for transportation and relocation have not been
completed. The structure also lacks post to beam, post tofoundation and beam to
wall connections.
° The structure does not have smoke detectors orcarbon monoxide alarms.
= The electrical system has been exposed to the elements over several years and is
only partially complete. The electrical subpanel is located above a flight of stairs.
° The structure lacks the required sanitation fixtures sinks, water closet, baihtubn, and
hot and cold running water, or building drain. The plumbing work in only partially
complete.
° The structure does not have a functioning mechanical furnace (heat source),
operable gas or electric hot water tank (hot and cold running water),
• The upper flight ofstairs has not been constructed. Achair inprovided from mid -
landing beNveenthefirstandsecondf|oor/oraoneeo0otheoeoondfloor.Thastoim
do not have handrails or guards and the stairway is not illuminated. All windows on
the first floor are obstructed (broken and covered with plywood) and do not meet the
requirements for emergency escape and rescue openings. This condition obstructs
the path oftravel and does not meet the egress travel from all portions ofthe
dwelling and would hohazardous 0uanyone ifthere were anemergency.
• The property is overgrown with weeds and blackberry bushes. A detached garage at
the rear of the property is completely covered in overgrown weeds and blackberry
bushes.
° The property shows signs of unauthorized entry and squatting by trespassers.
10, 0nMay 24,2018.asite visit was conducted hoinspect the building. City staff met with
the owner, The inspection was conducted byJerry Hight, Building Official. Mr. Hight
testified that his observations of the condition of the house and property were consistent
with Mr. Tno|e'ndescription outlined above. Hefound the house tobe unsafe and unfit
for human occupancy.
11 On July 25. 2018. City Code Officer Enforcement Toole issued the Complaint ofUnfit
Building citing the following violations of the TMC: Inadequate structural system (TIVIC
8.28.820.|PMC108]].|PK8C188.1.5.TN1C16.04.020.2.|RCR301-].|RCR301.2].
|RCR3U112.2. |RC R582.9. |RCR1OO1.2. |RC 1001.3. 1RCR1001.11); Inadequate
smoke and carbon monoxide alarm systems (TIWC8.28.O3O.|PMC7041.TIVIC
16�84.0202. |RC R3143. |RC R3152]); Inadequate electrical system [TIVICO.28.O2O.
|PMC8U4,311.TIVIC16.O4.020.W.NEC 240.24(F)),Inadequate plumbing system (TMC
8.28.O2U.|H0C5O21.TIVIC1G.04.02O2.|RCR3OO1.|RCR3US.4);Inadequate
mechanical system (TIVIC8.28.O2O. |Pk8C6U22.TIVIC 16.04.0202. |RCR3O3.1O);
Inadequate means ofegress system (TIVIC8.28.U20.|PNlC1O8.1.5.|PW1C3O7.1.|PK4C
305.5. |PMC7O21. |PMC7Ol4. T&1C 16.04.0202. |RC R3037. |RC R3101. |RC
R311.1.|RCH31021);Overgrown weeds and vegetation (TIVIC8.28.020.B.10.|PYNC
302.4); and Unsafe strudore—|nadequatenaintenance ofevacant building, structure
and premises — Nuisance Declared (TIVIC828.O30'A.TIVIC828.O3U.D).
12. Per King County Department of Assessments, as of August 21, 2018, the property taxes
have not been paid in2O10.2017.and the first half of2O18,The total amount due in
$0.03535,
13. With respect to the |PMCand |RC violations, Mo. Lee testified that the house is under
active construction in accordance with City -approved plans, and, therefore, the house
cannot heinviolation odthe TIVICand related codes with the exception ofthe egress
violations on the interior stairs. K4x. Lee agreed that the stairs leading to the maound
floor have not been completed and do not meet code. Ms. Lee also testified that the
delays over the past sixteen (16) years were caused by circumstances out of her
control, such as issues with securing contractors and international travel to take care of
personal matters.
14. With respect Vnthe overgrown vegetation, Mo. Lee testified that she disagrees that the
vegetation has not been maintained. Ms. Lee testified that with the exception of the
blackberries at the book of the houao, she trims back the overgrown vegetation
whenever she iaable. She did acknowledge that she has not trimmed the blackberries
at the rear of the property in an effort to keep trespassers from accessing the structure.
15. With respect to trespassers and boarding up the property, Ms. Lee testified that these
issues are a result of the neighborhood being unsafe. She acknowledges that the
structure has been broken into on numerous occasions despite her attempts to board
upthe doors and windows.
16. Interior photos ofthe property show little honochange in the condition from 201GN
present. Exterior photos of the property show little to no change in the condition of the
property from 2008 to present, with the exception of siding added sometime after 2014.
17. T(NC828,O3O.8.1 defines "Abandoned Premiu*a.^ao^bui|dinga. structure and
premises.. which persistently orrepeatedly becomes unprotected orunomoumd.
18. TK8C 828.030.87defineo "Vacant Building" oa^e building orstructure that has not
been occupied for over 3Udays.^
10. TyNC82O.O5O.B.Odefines "Vacant Nuisance Building" as:
[A] building, structure or portion thereof that is vacant and exists with any one or more of
the following conditions:
a.Unsecured against entry;
b.Old, dilapidated orhas become ooout ofrepair aatnbodanOemun unsafe
unoanharyor�henw�ounf�for human hmbhadonovoccupancy; ' '
d.Vacant for over 3Odays, during which time the Code Official has issued an
order to correct the public nuisance violations and those violations have not been
corrected;
o. Not monitored and maintained in accordance with the |PyNC;
[ Incomplete construction whereby the building permit has expired and the
construction project has been abandoned for more than 3Odays; [or]
g.Anabandoned pvamisas....
20� TMC8.2O.03UB.Qdefines "Vacant Nuisance Premises" as
iUheexterior premises ofavacant building, orvacant land that harbors junk
vehicles, accumulation ofrubbish orgarbage, overgrown weeks, noxious weedo
unmaintained plant material and |andocaping, orother violation of the |PyNCfnr '
over 30 days, during which time the Code Official has issued an order to correct
the public nuisance violations and those violations have not been corrected.
21. Mr. Toole testified that itinhis opinion that the structure should bedemolished. Mr.
Hight concurred due tothe numerous permit extensions and expirations, and lack of
inspections or progress with any permits since 2000. Due tothe current condition - the
houee, its partial construction and abandonment, itinan unfit structure, and is unsafe
—
Conclusions
1The Improvement Officer has jurisdiction over this matter pursuant to TIVIC 8.48.030 and
|IVIC 8,48.850,
2, The evidence supports the determination that the structure and premises are unfit for
human habitation. The City ofTukwila records, King County records, and photographs
submitted by the City, and the testimony of City Code Enforcement Officer Toole and
City Building Official Jerry Hight show that the struc1una, in its current state, meets the
definition of abandoned premises, vacant building, vacant nuisance building and vacant
nuisance premises. The structure and premises show numerous violations of the TMC
|PK4C. |RC and NEC as outlined in Findings 9 and 11 above. '
3. While permits for the structure were previously approved and issued by the City, the
construction and repairs tnthe structure have not been completed and the code
violations have not been corrected despite numerous notices and requests to Ms. Lee.
The record shows that over the past sixteen (16) years Ms. Lee has demonstrated an
inability tncomplete the work necessary to make this structure habitable.
4� The photographic evidence of the properties premises and the interior of the house
show no upkeep of the property and no progress has been made of the interior of the
house ninma2U07. In hect, the property shows signs of regress as evidenced by the
unmaintained overgmwth, incidences of trespassers, and the improperly secured
structure and premises,
5. The inadequate structural system and means of egress system poses a danger to
anyone accessing this structure.
0. The current, and dilapiclating, condition of the structure and premises coupled with the
lengthy history of inability to complete the necessary repairs, construction and
maintenance to make the structure and premises fit for human occupancy support the
determination that the structure iounfit and should bedemolished inaccordance with
TK8C8.4O,0G0.
Determination and Order
Based on the above Findings and Conclusions, the Improvement Officer issues the following
determination and order. The Complaint ofUnfit Building Under Case Noe. RFA09-345and
RFA11-158issued toMs. Lee iehereby sustained.
K4o. Leo is ordered to complete the following actions bythe deadlines specified herein:
A. Within forty-five (45)days ofthis order, Ms. VVushall complete the following actions:
phone206-4
'zmm ^ smail:wavon@Tukwibwxgo* ^ webdu,:nukwi|awxgom
All entry points (including but not limited tndoors and
—windows) shall be boarded erdod
maccordance toTMC828,U30and the /PKC(|nha matione|PmpertyKainhananceCode)App*ndixA:Board�gStandards(as adopted byTMC828O2O).
2. Trim and remove all overgrowth (including but limited k`blackberries) from the
property per |PK8C302,4(as adopted byTK0C828.O20)
3, Remove all rubbish and garbage from the premises (property outside of the
home) per |PK8C3U8.1 (as adopted byTNC8.28.U2U)
4. After completing items 1through 3.contact Code Enforcement Officer Toolesg
Z00'431'3O7O.10schedule anonsiteinspection. '
5. Complete a Criminal Trespass document and submit to the City of Tukwila Police
Department,
0. Submit acomplete application for the Building Demolition permit for the home
and detached garage, following the guidelines contained inthe Building
Demolition handout.
B. Within ninety (90) days from the issuance ofthe Building Demolition permit and in
accordance with the requirements of said permit, demolish the horne and detached
garage and remove all debris generated hythe demolition from the property.
TMCO�8.090 Rem ediation8Pana ffies
xoparty, following exhaustion ofthe party'orights Voappea|fails 0ocomply vv�hthe
Determination, Findings of Fact, and Order, the |mpmvemen'tOfficer may direct orcause the
subject dwelling, bui|ding, structure orpremises to be repaired, altered,improved, vacated
anddosed.remomod.ordemo|iohodpursuantNChmpVsr35.8ACVV.' '
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—~
Entered this day of September 2018.
Jack Pace
City ofTukwila Improvement 0ffioer
Appeal to Appeals Commission
Within 30 days of service of a Determination, Findings of Fact, and Order, any party may file
an appeal to the Appeals Commission. Such an appeal shall be governed by the City of
Tukwila Hearing Examiner's procedural rules, except that the Appeals Commission shall
conduct a hearing on the appeal and issue a ruling within 60 days from the date the appeal is
filed; and if the Appeals Commission issues any oral findings of fact, the ruling shal; contain a
transcript ofsuch findings inaddition 0oany findings issued at the time ofthe ruling, The ruling
shall be served and posted as set forth in TIVIC Section 8.48,040, and if no appeal is filed
within the deadline specified in TIVIC Section 8.48.080, a copy of the ruling shall be filed with
the King County Auditor.