HomeMy WebLinkAbout2018 - Notice of Violation and Order / Notice of Decision - Singh Sohal Mohinder / City of Tukwila - 20180705000719e> rn O piss : A
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NOTICE Rec: $107.00
7/5/2018 11:51 AM
KING COUNTY, WA
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City of Tukwila
Code Enforcement
May 29, 2018
SOHAL MOHINDER SINGH
10650 SE 213TH ST
KENT WA 98031
iolations
Violation # 1
Code Reference:
File #:
CE16-0286
Violation Location: 4010 S 148TH ST
Parcel#:
0040000973
Observed Conditions:
UNSOUND ACCESSORY STRUCTURES (DETACHED GARAGE)
IPMC 302.7 (as adopted by TMC 8.28.020)
All accessory structures, including detached garages, fences and walls shall be maintained
structurally sound and in good repair.
TMC 8.28.030 VACANT BUILDINGS, STRUCTURES, AND PREMISES
2. "Boarded" means covering of all entry points, including all doors and windows, with
plywood or other materials for the purpose of preventing entry into the building by
persons or animals.
IPMC APPENDIX A (as adopted by TMC 8.28.020) BOARDING STANDARDS
A101.1 General. Windows and doors shall be boarded up in an approved manner to
prevent entry by unauthorized persons ...
On May 11, 2018, I observed the detached garage has a portion of its roof covered in a
blue tarp. The smoke stack has been removed and the edge of the roof deck is broken. On
the north side of the garage, the connection from the roof structure for the carport to the
garage has broken and has become dislodged.
There are no building or demolition permits applied for or issued for the repair or
demolition of this house.
In December 2017 this garage was struck be a large tree during a storm.
riTv f1G TI IIf1A/II A rnr1F FNFf1RCFMFNT • FRnn Sr)IJTHCENTER BLVD. SUITE 100. TUKWILA. WA 98188 • (206)431-3671
Corrective Action:
Compliance Date:
Violation # 2
Code Reference:
Corrective Action:
Compliance Date:
Violation # 3
Code Reference:
Corrective Action:
Compliance Date:
Violation # 4
Code Reference:
Prior to applying for any permits, all access points including but not limited to windows
and doors shall be boarded in an approved manner. The carport must be secured to
prevent access to this location.
Obtain a building permit for either building repair or demolition.
Permits are not considered completed until a final inspection has been approved by a city
inspector.
Contact the building department at 206-431-3655 for permit requirements, or by visiting
the Permit Center located at 6300 Southcenter Blvd, Suite 100 Monday — Friday from 7:30
am to 4:30 pm.
June 18, 2018
WEEDS AND OVERGROWTH
IPMC 302.4 (as adopted by TMC 8.28.020) WEEDS.
Premises and exterior property shall be maintained free from weeds or plant growth in
excess of [12 inches]. Noxious weeds shall be prohibited. Weeds shall be defined as all
grasses, annual plants and vegetation, other than trees or shrubs provided; however, this
term shall not include cultivated flowers and gardens.
On May 11, 2018, I observed the entire property has not been maintained free from weeds
and plant growth in excess of twelve (12) inches.
Trim back weeds and overgrowth to a height of 12 inches or less on entire property and
remove trimmings from the property.
June 18, 2018
ACCUMULATION OF GARBAGE AND RUBBISH
IPMC 308.1 (as adopted by TMC 8.28.020) ACCUMULATION OF RUBBISH OR GARBAGE
All exterior property and premises shall be free from any accumulation of rubbish or
garbage.
Garbage is defined as the animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Rubbish is defined as combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal, coke and other
combustible materials, paper, rags, cartons, boxes, wood excelsior, rubber, leather tree
branches yard trimmings, tin cans, metals, mineral matter, glass crockery and dust and
other similar materials....
On May 11, 2018, I observed garbage and rubbish throughout the property.
Properly dispose of all rubbish and garbage, or store rubbish and garbage in approved
leakproof containers with close -fitting covers or inside an enclosed structure until garbage
and rubbish is removed from the property.
June 18, 2018
REMEDIAL MEASURES REQUIRED
18.54.180 Enforcement
D. Remedial Measures Required - In addition to penalties provided for in this chapter, the
Director may require any person conducting vegetation clearing in violation of this
chapter to mitigate the impacts of clearing by carrying out remedial measures. The
following provisions shall apply in instances where such remedial measures are required:
1. The applicant shall satisfy the permit provisions as specified in this chapter.
CITY f1F Tl WWII A Cf)fF FNFCiRCFMFNT • F'1nn SCri1THCFNTFR BLVD. SUITE 100. TUKWILA. WA 98188 • (206)431-3671
Observed Conditions:
On July 28, 2017, a Notice of Decision, L16-0058, was issued for the removal and
replanting of trees on the property. On May 11, 2018, I observed trees have not been
planted anywhere on the property as required.
Corrective Action: Plant trees in accordance with the July 28, 2017 Notice of Decision, L16-0058.
Compliance Date:
November 5, 2018
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).
(Specifically, 3 Violations (#1, #2, & #3) x $250.00 = $750.00 x 28 days = $21,000.00. 1 Violation (#4) x $250.00
= $250.00 x 28 days = $7,000.00)
Code Enforcement Officer: Jim Toole
Telephone: (206) 431-3676
Email: jim.toole@tukwilawa.gov
Enclosure(s): Notice of Decision, L16-0057, L16-0058, July 28, 2017
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.
(Try nF Ti WWII A cr r w FNFfRCFMFNT • 6Ron SOUTHCENTER BLVD. SUITE 100. TUKWILA. WA 98188 • (206)431-3671
City of Tukwila
Atlan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
July 28, 2017
NOTICE OF DECISION
TO: Mohinder Sohal, applicant via email
King County Department of Assessments
This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project
and permit approval.
Project File Number:
Applicant:
Type of Permit:
Project Description:
Location:
Associated Files:
Comprehensive Plan
Designation/Zoning
District:
Exhibits:
I. PROJECT INFORMATION
L16-0057, L16-0058
Mohinder Sohal
Tree removal
Tree permit approval• for the removal of 18 significant trees at 4010 S. 148th Street
(L16-0058), and 8 significant trees at 4018 S. 148th Street (L16-0057).
4010 and 4018 S. 148th St.
CE16-0286 and CE16-0080
MDR (4010 S. 148th St.); LDR (4018 S. 148th St.)
A: L16-0058 Tree Replacement and Irrigation Plan, 4010 S. 148th St.
B: L16-0058 Tree Replacement Report for 4010 S. 148th St., October 2016.
C. L16-0057 Tree Replacement and Irrigation Plan, 4018 S. 148th St.
D. L16-0057 Tree Replacement Report for 4018 S. 148th St., October 2016.
II. DECISION
SEPA Determination: The City SEPA Responsible Official has previously determined that this application
does not require a SEPA threshold determination because it is categorically exempt.
Tukwila City Hall • 6200 Southcenter Boulevard Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
Page 2 of 3
Decision on Substantive Permit: The City Planning Supervisor has determined that the applications for tree
permits comply with applicable City and State Code requirements and has approved the applications with the
following conditions:
• Trees must be replaced per the replacement ratios established in the Tree Regulations Chapter of
the Tukwila Municipal Code, TMC 18.54.130: Permit Approval Criteria. Per TMC 18.54.050,
clearing up to four trees on a site zoned and developed for single-family residential use in a 36-
month period does not require a tree permit.
• At 4010 S. 148th Street, eighteen (18) trees were recently removed, ranging in size from 10" to
22" in diameter (Exhibit B: L16-0058 Tree Replacement Report for 4010 S. 148th St., October
2016). At ratios prescribed in TMC 18.54.130, thirty-three (33) replacement trees are required to
mitigate for the 18 trees removed. Per TMC 18.12.070: MDR District- Basic Development
Standards, MDR -zoned property is required to have 10 feet of side yard landscaping and 10 feet
of rear yard landscaping. The number and placement of the replacement trees proposed (see
Exhibit A) meets the intent of the development standards for the MDR zone.
• At 4018 S. 148th Street, eight (8) trees were removed, ranging in size from 8" to 21" in diameter
(Exhibit D: L16-0057 Tree Replacement Report for 4018 S. 148th St.). The property is zoned
LDR, and developed with a single-family house. Subtracting four trees which may be removed
without a permit, four (4) trees require mitigation. At ratios prescribed in TMC 18.54.130, seven
(7) trees should be planted to mitigate for the eight trees removed. Reference Exhibit C for
planting plan.
• Planting and maintenance shall be in accordance with best management practices for landscaping
to ensure the vegetation's long-term health and survival per TMC 18.54.130.3.c(3).
• Entire planting area should be mulched with 3-4 inches of medium bark or wood chips. Mulch
should not be placed against the trunks of the trees — leave a 4-inch circle around the trunk un-
mulched.
• The new Douglas Fir trees shall be planted according to the planting plans (Exhibits A and C),
with trees spaced at least 8' apart. Per TMC 18.54.130.3c.1, evergreen trees must be at least 6'
tall at time of planting. Survival of newly planted trees is increased when planted October
through December, or March and April.
• Trees should be watered weekly during the dry months (generally July -September or as
necessary depending on conditions) for the first two growing seasons, via a temporary irrigation
system.
• Applicant shall submit annual photos of all forty (40) Douglas Fir trees to the city's Urban
Environmentalist to ensure proper maintenance and a 100% survival rate for three years
following initial landscaping inspection. Submit these photos to Lindsay.brown(tukwilawa.gov
and Andrea.cumminstukwilawa.gov annually, and reference City Files L16-0057 and -0058.
III. FINDINGS
This application is a request to remove eight (8) significant trees from 4018 S. 148th St. The tree permit
application (L16-0058) was initiated after code enforcement noticed the property owner for the clearing
of trees without a permit (CE16-0286). Requested is approval to remove the eight (8) trees and replace
them with seven (7) or more Douglas Fir trees, a native evergreen on the City's preferred tree list
(Exhibit C).
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
Page 3of3
Also requested is approval to remove eighteen (18) significant trees from the rear yard of the adjacent
property under the same ownership, 4018 S. 148th St (L16-0057). The tree permit for 4018 S. 148th St. is
required to clear up violations in a code enforcement case (CE16-0080). Approval is requested to
remove the eighteen (18) trees and replace them with thirty-three (33) Douglas Fir trees. Both sites will
have a temporary irrigation system (soaker hose) to ensure regular watering of newly planted trees
during the dry months.
Tukwila's Tree Regulations (TMC 18.54) regulate the clearing of trees and understory vegetation. The
clearing of up to 4 trees on a site zoned for and developed for single-family residential use within a 36-
month period is exempt from permit requirements; clearing more than 4 trees requires a tree permit.
Removed trees require replacement at the ratios prescribed in TMC 18.54.130.
IV. YOUR APPEAL RIGHTS
The Decision on this Permit Application is a Type 1 decision pursuant to Tukwila Municipal Code
§ 18.104.010. Other land use applications related to this project may still be pending.
One administrative appeal to the City Hearing Examiner of the Decision on the Permit itself is permitted.
A party who is not satisfied with the outcome of the Hearing Examiner appeal process may file an appeal in
King County Superior Court from the Hearing Examiner's decision.
V. PROCEDURES AND TIME FOR APPEALING
In order to appeal the Planning Supervisor's decision on the Permit Application, a written notice of
appeal must be filed with the Department of Community Development within 14 days of the issuance of
this Decision.
The requirements for such appeals are set forth in Tukwila Municipal Code Ch. 18.116. All appeal
materials shall be submitted to the Department of Community Development. Appeal materials MUST
include:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the appealing party is a corporation,
association or other group, the address and phone number of a contact person authorized to receive
notices on the appealing party's behalf.
3. A statement identifying the decision being appealed and the alleged errors in the decision, including
any specific challenge to an MDNS.
4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in
the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief
sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal.
5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition all hearing
examiner costs will be passed through to the appellant.
Phone: 206-433-1800 * Email: Mayor@TukwitaWA.gov • Website: TukwilaWA.gov
Page 4 of 4
VI. APPEAL HEARINGS PROCESS
Any administrative appeal regarding the Permit shall be conducted as a closed record hearing before the
Hearing Examiner based on the information presented to the Planning Supervisor who made the original
decision. No new evidence or testimony will be permitted during the appeal hearing. Parties will be
allowed to present oral argument based on the information presented to the Planning Supervisor before
their decision was issued. The hearing Examiner's decision on the appeal is the City's final decision.
Any party wishing to challenge the Hearing Examiner's decision on this application must file an appeal
pursuant to the procedures and time limitations set forth in RCW Ch. 36.70C. If no appeal of the
Hearing Examiner's decision is properly filed in Superior Court within such time limit. the Decision on
this permit will be final.
VII. INSPECTION OF INFORMATION ON THE APPLICATION
Project materials including the application, any staff reports, and other studies related to the permits are
available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd..
Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The
project planner is Lindsay Brown, who may be contacted at 206.433.7166 for further information.
Property owners affected by this decision may request a change in valuation for their property tax purposes.
Contact the King County Assessor's Office for further information regarding property tax valuation changes.
Minnie Dhaliwal
Department of Community Development
City of Tukwila
Attachments: A: L16-0058 Tree Replacement and Irrigation Plan, 4010 S.
B: L16-0058 Tree Replacement Report for 4010 S. 148'1' St.
C. L16-0057 Tree Replacement and Irrigation Plan, 4018 S.
D. L16-0057 Tree Replacement Report for 4018 S. 148°i St.
148'1' St.
October 2016.
148'1' St.
, October 2016.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwitaWA.gov