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Home My WebLink About2019 - Notice of Assessment - Brinton James - 20191218000775Return Address: At'hn : C;i-y C\ eXtc. 'C u uC. ' °— G oo Soc" Cer' r g1V 'C1/4/14U.4'd, wk 6)d 18F 111 IIII IIIII IIIIIIINI1111111 20191218000775 AGREEMENT Rec: $214.00 12118/2019 11:20 AM KING COUNTY, WA i Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCw 65.04) 1 3. o ument Title(s) (or a sactions contained therei 2.Ale (all a eas a plicable to your ocument mu be filled in) � wow 4. Reference Number(s) Additional reference #'s on of Documents assigned page of document or released: Gr 2. Additional iror(s)r, acfists �)IUear on document l , names on page of document. Grantee(s) 2. Additional Ex as names) appear on document`�clrYIEE) names on page of document. Legal descri tion (abbreviated: i.e. lot, block, plat or section, township, range) *We act►13 } a N ( t ► 01 W w Ito FT NO/ or SW UR TR IA ll 8 4i1 'L` h lR KIN 1D SEC ETo Erf Usi Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned 04�yjL�6 S5C �i[� / 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, 1 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 NOTICE OF ASSESSMENT - PerTMC § 8.45.120(5) FEBRUARY 4, 2019 BBV -13911 LLC ATTN: JAMES BRINTON 13007 167TH AVE NE REDMOND, WA 98052 Violation Number (as cited on Order) Order Issue Date 12/4/18 01/03/19 12/4/18 01/03/19 Compliance Deadline File #: CE17-0078 Violation Location: 13911 TUKWILA INT'L BLVD Parcel #: 8864000985 Compliance Achieved? Dates of Penalty Noncompliance Per Day 01/04/19- 02/03/19 $250,00 01/04/19- 02/03/19 $250.00 Line Total (# of days x $250) $7,50000' $7,500.00 CURRENT ASSESSMENT $15,000.00 PREVIOUS ASSESSMENT(S) $0.00 PAID 0.00 AMOUNT DUE $15,000.00 Enclosure(s): Notice of Violation and Order dated 12/4/18 YOU MUST COMPLY WITH THE NOTICE OF VIOLATION AND ORDER ISSUED TO YOU TO AVOID ADDITIONAL ASSESSMENTS. MONETARY PENALTIES OF $250 PER DAY PER VIOLATION WILL CONTINUE TO ACCRUE UNTIL COMPLIANCE HAS BEEN REACHED PURSUANT TO TMC 8.45.120(2) CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHEENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671 City of Tukwila Code Enforcement NOTICE OF ASSESSMENT - Per TMC § 8.45.1200) 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; 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 of assessment should be reversed, modified, or otherwise set aside. Any appeal of this Notice of Assessment must be filed WITHIN 10 DAYS of being served this notice. There will be no other opportunity to appeal this assessment and non-payment of this assessment may result in further legal action. CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTEB BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671 City of Tukwila ejrrrrir.tentef6)177V viit; fieveioiarnnnt - jack Pace,t'i VOLUNTARY CORRECTION AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND JAMES BRINTON PREAMBLE Ai!a;t ; .:_)er. ka n;,;,,. This voluntary correction agreement ("Agreement") is made and entered in this 15 day of May, 2019, by and between the City of Tukwila, a Washington municipal corporation (hereinafter the "City") and, James Brinton (hereinafter the "Property Owner"). II. RECITALS WHEREAS, Property Owner owns the property located 13811 Tukwila International Boulevard, Tukwila, Washington, and is King County parcel number 886400-0985 (hereinafter the "Property"); and WHEREAS, on March 2, 2017, City Code Enforcement Officer Lauri Dunning observed four trees had been removed from the Property without a City permit in violation of TMC 18.54.030 (Tree Permit Required); and WHEREAS, on June 6, 2017, the Property Owner submitted Tree Permit L17-0030 application to the City, requesting approval of the four trees that were previously removed from the Property; and WHEREAS, on June 29, 2017, the City issued a Notice of Decision in response to the Property Owner's Tree Permit L17-0030 application. The Notice of Decision found the following: • This clearing permit application is a request for after -the -fact removal of 4 trees on a vacant property on Tukwila international Boulevard. • The trees are on a steep slope on a site that is planned for future development There is a retaining wall on the south portion of the site; the applicant plans to extend this wail northward in the future to create more developable area on the Property. • The removed trees fall within the sloped area that will be excavate;; for the extension of the retaining wall. • Based on the number of trees removed, and their sizes, sixteen (16) replacement trees are required for the site. • The applicant proposes to plant twelve trees on -site, with payment made into the City's tree replacement fund for the remaining four trees. The applicant has proposed planting a mix of Western red cedars, Patmore Ash, Slack Oak and .Aiiee Elm. Due to the proximity to residential development the mix of trees must be one-half (5) evergreen with the remainder deciduous, to provide buffering for the residential uses on the west. Irrigation is not proposed for the planting area. • In addition, western red cedars require a great deal of water when getting established, so in lieu of this tree species, the applicant must plant instead either pine trees or incense cedars or a mix of the two. A planting area of at least twelve feet is required for the trees, as measured from the rear fence. The trees must be centered within the tweive-foot planting area. The soil in this area must he amended to ensure the survival of the new trees. • Planting of the trees must occur in the fall, by November 30, 2017. Tukwila City Hall • 6200Soutncente, Boulevard • Tukwila, WA 90188 • 206-433-1900 • Website: Tuk;vilaiNA.gov WHEREAS, the aforementioned June 29, 2017 Notice of Decision advised the Property Owner of his appeal rights, pursuant to Tukwila Municipal Code 18.104.010. The Property Owner did not file a timely a ppeal. WHEREAS, on December 3, 2018, City Code Enforcement Officer Lauri Dunning visited the Property and observed that: (1) trees had not re -planted trees pursuant to the June 29, 2017 Notice of Decision, (2) the Property Owner had not made any payments to the City's tree replacement fund pursuant to the June 29, 2017 Notice of Decision, and (3) a contractor's construction trailer had been placed on the lot in violation of TMC 18.09.010, Land Uses by District, Table 18-6; and WHEREAS, on December 4, 2018, City Code Enforcement Officer Lauri Dunning issued the Property Owner a Notice of Violation, alleging violations of TMC 18.54.030 (Tree Permit Required) and TMC 18.09.010, Land Uses by District, Table 18-6 WHEREAS, both the City and Property Owner wish to resolve all violations identified in the Notice of Violation and on the Property in a manner which is equitable to both parties and which reduces the legal cost for all involved; follows: NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as III. AGREEMENT Section 1. The subject Property. The Property is located at 13811 Tukwila International Boulevard, within the City of Tukwila, King County, Washington State. Section 2. Violations. Property Owner acknowledges that the City issued a Notice of Violation against the Property under file No. CE 17-00078 on December 4, 2018 outlining issues pertaining to unpermitted tree removal and an unlawfully placed construction trailer on the subject property. Said Notice is attached hereto as Exhibit A. Property Owner acknowledges that the City had the authority to issue the Notice of Violation for outstanding code violations occurring on the Property and to assess penalties against Property Owner. Property Owner further acknowledges that he did not appeal said Notice of Violations and that the violations outlined in the Notice are still occurring on the Property. In lieu of institution of legal proceedings and assessment of penalties, Property Owner agrees to timely and fully complete the corrective action outlined in this Agreement. Section 3. Corrective Action. The Property Owner shall complete the following corrective actions: A. No later than November 30, 2019, re -plant trees, pursuant to requirements of the June 29, 2017 Notice of Decision, attached hereto as Exhibit B. B. No later than August 30, 2019, remove the construction trailer on the Property. C. No later than December 1, 2019, contact Code Enforcement Officer Lauri Dunning by phone at 206-431-3682 or email: Lauri.Dunninei?tukwilawa.eov to arrange a site inspection. Property Owner does not need to be present but all corrective actions must be completed by this date. Section 4. Stay of Enforcement Procedures and Fines. The City does hereby agree to stay code enforcement actions and fines currently assessed against the Property Owner pending completion of the corrective action as outlined in Section 3. In no way does this section limit the City from enforcing any other violations on the Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Property not already covered by this Agreement. The City shall waive any fines imposed upon successful completion of the corrective action. Failure to complete the corrective action as specified herein will result in the issuance of fines in accordance with the TMC. Section 5. Compliance. The Property Owner agrees that the City may inspect the Property as may be necessary to determine compliance with this Agreement and any permits and expressly grant the City a limited right of entry upon the Property at at reasonable times to carry out such inspections. Should the Property Owner need additional time to complete any of the corrective action(s), the Property Owner shall request an extension prior to the compliance deadline and the extension must be agreed to, in writing, by the City. The Parties agree that should the Property Owner fat to diligently pursue resolution of the above actions to their completion, the City may issue new Notices of Violation for any outstanding code violations and assess penalties and/or proceed with any legal action necessary to secure compliance with this Agreement and the TMC. No fines or penalties shall accrue or be assessed against the Property Owner unless the Property Owners fail to comply with this Agreement. Section 6. Right of Entry. The Property Owner agrees that the City may inspect the Property as may be necessary to determine compliance with this Agreement and hereby grants the City a limited right of entry to complete any such inspections. Section 7. Effective Date. This Agreement shall commence upon final execution of the Agreement by all parties. Section 8. Assignment of Interests, Rights and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be biding upon and shall inure to the benefit of the heirs, successors, and assigns of the Property Owners and the City. The Property Owners agree to provide a copy of this agreement to any perspective purchaser of any of the subject properties described herein. Section 9. Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Section 10. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action shall lie in King County Superior Court, Section 11. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other right whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. Section 12. Entire Agreement. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement shall only be amended in writing and agreed to by the City and the Property Owners. Section 13. Authority, The Parties each represent and warrant that they have full power and actual authority into this Agreement and to carry out all actions require of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. Phone: 20E-433-1800 • Email: Mayor@Tukwil.WA.gov • Wehsite: TukwilaWA.gnu Section 14. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the remainder of this Agreement, or the validity of its application to other persons or circumstances, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other person or circumstances. Section 15. Notices. Notices, demands, or correspondences to the Parties shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses provided by the executing parties below. Notice to the City shall be to the attention of the Director of Community Development. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 16. Police Power. Nothing in this agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Section 17. No presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. Section 18. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit, or otherwise modify the terms and conditions of this agreement. Section 19. Counterpart Originals. This Agreement may be executed in multiple counterpart originals, each of which shall be deemed to constitute an original agreement, and all of which shall constitute one agreement. The execution of one counterpart by a Party shall have the same force and effect as if that Party had signed all other counterparts. Section 20. legal Representation. In entering into this Agreement, the Property Owners represents thatshe has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and sign the same as its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. Section 21. Prevailing Party. In the event any legal action is brought about by either party to enforce the terms of this Agreement, the non -prevailing party shall reimburse the prevailing party for all reasonable and applicable legal expenses including attorney fees and costs associated with the action, IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to be executed as of the dates set forth below: Phone; 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov PROPERTY OWNER: James Brinton 13007 167th Avenue Northeast Redmond, Washington 98052 BY: State of Washington County of King I certify that I know or have satisfactory evidence that James Brinton is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Date: (Signature) (Title) Name as commissioned: My appointment expires: Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov I certify that I know or have satisfactory evidence that Jack Pace is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Date: IV 4t>N ` r (let t City of Tukwila 6200 Southcenter Blvd Tulvila, WA 9818 Y. J ck Pace, UCD Director Cit fTukwila 6200 Southcenter Blvd Tukwila, WA 98188 OL, (trri (Title) ( r ,� p `f 1 Name as commissioned: f'.Vyf�11Q! i ^y� My appointment expires: F Y;61i 7I I t Phone: 206-433-1800 • Email: Mayor@TukwllaWA.gov • Website: TukwilaWA.gov