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Home My WebLink About2018 - Violation Notice and Order - Le Quang - 20181019000452Return Address: 20181019000452 NOTICE Rec: $10$,00 10/8/2018 1223 PM KING COUNTY, WA Please print or type information WASHINGTON STATE ER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document Additional names on page of document. Grantee(s) Exactly as name(s) appear on document Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned 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 City of Tukwila Code Enforcement May 24, 2018 QUANG T LE 19005 37TH AVE S SEATAC, WA 98188 Violation 8 1 Code Reference: File N: CE17-0144 Violation Location: 4053 S 144TH ST 0040000210 Parcel 4: ALTERATION TO A WETLAND AND ITS BUFFER 18.45.070 Sensitive Area Permitted Uses 1. Maintenance and repair of existing uses and facilities provided no alteration or additional fill materials will be placed or heavy construction equipment used in the sensitive area or buffer. 18.45.090 Wetlands Uses, Alterations and Mitigation A. No use or development may occur in a Category I, Category II, Category III or Category IV wetland or its buffer except as specifically allowed by TMC Chapter 18.45. Any use or development allowed is subject to review and approval by the Director. Where required, a mitigation plan must be developed and must comply with the standards of mitigation required in TMC Chapter 18.45. In addition, federal and/or state authorization is required for direct impacts to waters of the United States or the State of Washington. 18.45.195 Appeals A. VIOLATIONS. The following actions shall be considered a violation of this chapter: 1. To use, construct or demolish a structure or to conduct clearing, earth -moving, construction or other development not authorized under a Special Permission, Reasonable Use or other permit where such permit is required by this chapter. 16.54.065 Seasonal Limitation Period A. An annual period of limitation on site disturbance is established from October 1 through April 30. B. During the seasonal limitation period, grading shall only be permitted if demonstrated to the satisfaction of the Director that runoff leaving the construction site will comply with the erosion and sediment control measures, performance criteria and implementation requirements in the Surface Water Design Manual and after a review ... D. During the seasonal limitation period, grading will be allowed only if there is installation and maintenance of an erosion and sedimentation control plan approved by the Director that defines any limits on clearing and grading and specific erosion and sediment control measures required during the seasonal limitation period.... CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671 Observed Conditions, On April 10, 2018, I observed the area which was discussed in the April 6, 2018 meeting has been corrected per the agreement reached in this meeting. However, further inspection of this area of the property I found additional fill material to the south of the cottonwood tree: crushed asphalt, yard debris, and gravel. Corrective Action: Remove all unpermitted fill material down to the native soil. Remove this unpermitted fill material back to the approved location which was agreed to at the April 6, 2018 meeting. Perform minimal disturbance of the native soil which lies underneath the unpermitted 611 material. Compliance Date: Violation 82 Code Reference: Regarding the area to be used for parking (see enclosed map) use only approved fill material (No asphalt materials). There is a Category IV Wetland with a 50-foot buffer and a stream on this parcel. If you disagree with the City's boundaries of the wetland and wetland buffers on this property, you may hire a qualified wetland biologist to map the wetland and its buffers (per TMC 18.45.040 A.1.b). Before any work proceeds, there must be an onsite meeting with the city's Urban Environmentalist and Code Enforcement Officer Toole. Contact Officer Toole at 206-431- 3676 to schedule an appointment. Once the unpermitted fill material has been removed, contact Officer Toole for an inspection. September 3, 2018 ALTERATION TO A STREAM 18.45.110 Watercourse Alterations and Mitigation B. ALTERATIONS. 1. Diverting or rerouting may only occur with the permission of the Director and an approved mitigation plan. 16.54.065 Seasonal Limitation Period A. An annual period of limitation on site disturbance is established from October 1 through April 30. B. During the seasonal limitation period, grading shall only be permitted if demonstrated to the satisfaction of the Director that runoff leaving the construction site will comply with the erosion and sediment control measures, performance criteria and implementation requirements in the Surface Water Design Manual and after a review ... D. During the seasonal limitation period, grading will be allowed only if there is installation and maintenance of an erosion and sedimentation control plan approved by the Director that defines any limits on clearing and grading and specific erosion and sediment control measures required during the seasonal limitation period.... Observed Conditions: On April 10, 2018, I observed an unpermitted diverted stream. A trench was created along the west property line which has diverted the natural course of the existing stream. Corrective Action: Once the unpermitted fill material has been removed and inspected, fill the trench with clean, compacted soil from the point of the diversion to the end of this trench. Once the trench has been completed, contact Officer Toole at 206-431-3676 to schedule an inspection. Compliance Date: September 3, 2018 CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671 This is a notice that your property is in violation of the Tukwila Municipal Code. You must complete the corrective action noted above by the compliance date indicated. FAILURE TO COMPLY WITH THIS ORDER SHALL SUBJECT YOU TO A MONETARY PENALTY OF UP TO $250 PER DAY PER VIOLATION FOR EACH DAY THAT THE VIOLATION EXISTS PURSUANT TO TMC 8.45.120(2). Code Enforcement Officer: Jim Toole Telephone: (206)431-3676 Email: jim.toole@tukwilawa.gov CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 (206)431-3671 City of Tukwila Code Enforcement Appeal Instructions A person may, within ten days of being served this notice, file with the Tukwila City Clerk a written notice of appeal along with payment of the $300 appeal fee, containing the following: 1. The Code Enforcement case file number; 2. A brief statement setting forth the names, mailing address(es), and legal interest of each of the persons appealing this notice and order; 3. A brief statement of the specific order or action protested, together with any supporting facts; and 4. A brief statement of the relief sought, and the reasons why it is claimed that the notice and order should be reversed, modified, or otherwise set aside. Any appeal of this Notice of Violation and Order must be filed WITHIN 10 DAYS of being served this notice. There will be no other opportunity to appeal this order, and noncompliance with this order may result in further legal action. CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671