HomeMy WebLinkAbout2011 - Determination - LES Capital LLC - 20110715000763Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. DETERMINATION, FINDINGS OF FACT, 2.
ORDER OF CITY OF TUKWLA IMPROVEMENT
3. OFFICER 4.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) Exactly as name(s) appear on document
1. CITY OF TUKWILA
2.
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
1. LES CAPITAL LLC
2.
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
MERRICKS ACRE TRS DIV #2 LESS ST
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number Assessor Tax not yet
assigned
PARCEL 547680 -0100
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.
Return Address:
City of Tukwila
ATTN: City Clerk
6200 Southcenter Blvd
Tukwila, WA 98188
20110715000763
CITY OF TUKWIL MISC 67.00
PAGE -001 OF 006
07/15/2011 12:20
KING COUNTY, WA
N
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TO:
City of Tukwila
Department of Community Development Jack Pace. Director
DETERMINATION, FINDINGS OF FACT, AND ORDER
OF THE
CITY OF TUKWILA IMPROVEMENT OFFICER
DATE: July 5, 2011
Luu Le
Le's Capital LLC
4725 S. 107 St.
Tukwila, WA 98168
RE: 4725 S. 107 St.
Tukwila, WA 98168
Parcel 5476800100
"Subject Property
CASE NO.: RFA10 -466
SUMMARY OF HEARING
On July 5, 2011, at 10:00 am, the Improvement Officer held a hearing regarding this
matter to gather information to supplement what was discovered during the Code
Enforcement Officer's initial investigation of the Subject Property.
The following City of Tukwila staff attended the hearing:
Kathryn Stetson, Improvement Officer
Mary Hulvey, Code Enforcement Officer
Rachel Turpin, Assistant City Attorney
Jim Benner, Electrical Inspector
Allen Johannessen, Plans Examiner
Representing the property owner:
Luu Le, Le's Capital LLC
Jinn flaggerton. tlal'or
FINDINGS OF FACT
Based on the Code Enforcement Officer's initial investigation of this matter, and the
information gathered at the above described hearing, the Improvement Officer makes the
following Finding of Fact:
1. Subject property is owned by Le's Capital LLC, represented by Luu Le, who resides at
the residence.
2. In April 2009, prior to acquisition by Le's Capital LLC, the subject property was
inhabited by trespassers. During Police action, Code Enforcement was provided
access to photograph the interior and exterior of the structure. Photographs submitted
as `Exhibit 18, 18.1, 182, and 18.3" as part of the staff report show the extent of the
disrepair of the interior of the structure and the exterior conditions.
3. Assessor's records show that the property was acquired by Le's Capital LLC in
January 2010 from Jack A Johnson.
4. On October 19, 2010, Tukwila Building inspector Carol Martin, posted a "Stop Work"
notice for work without a permit. The notice cited: "Construction and remodel without
building permits. This includes windows, doors, stairs, siding and deck construction.
Apply for building permit within 15 days. Vacate bldg. No work until permit is issued."
5. On November 18, 2010, upon verification that no permit applications had been
received, Officer Kathy Stetson issued a Violation Notice and Order for failure to
comply with the requirements of the previously issued Stop Work notice. The order
required building, mechanical, electrical and plumbing permit applications to be
submitted not later than November 30, 2010.
6. On November 30, 2010, Mr. Le submitted a building permit application for a 200 s.f.
deck and deck cover (D10 -324). No applications were submitted for electrical,
mechanical, or plumbing permits. Scope of work for the submitted building permit
application did not include any interior remodeling or other exterior work.
7. On December 21, 2010, building inspector Carol Martin posted a second Stop Work
notice for work continuing without a permit. Mr. Le contacted Officer Mary Hulvey
regarding the notice and indicated that he was traveling out of the country for about
three weeks and would contact the City upon his return to arrange a meeting with City
staff to determine the next steps needed to resolve this violation. Photographs taken
are contained in the staff report as Exhibits 18.4, 18.5, and 18.6.
8. On January 28, 2011, Mr. Le granted the City permission to inspect the structure.
Code Enforcement Officer Mary Hulvey, Electrical Inspector Jim Benner, and Building
Inspector Carol Martin inspected the interior of the structure. Their inspection reports
are contained in the staff report as Exhibits 7, 8, 9 and 9.1. Findings included
electrical wiring installed without permits with potential safety hazards; lack of fire
blocking, new garage foundation, egress windows not the proper size, no attic or crawl
space access, installation of three new bathrooms without plumbing permits, evidence
of leaks, and other building and mechanical issues. Photographs taken during the
inspection are contained in the staff report as Exhibits 18.6 18.13.
9. On January 31, 2011, Plans Examiner Dave Larson issued a correction notice to Mr.
Le for the submitted building permit (D10 -324) requesting that the scope of work for
this permit be extended to include the extension of the garage foundation under the
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new deck, new stair construction, extensive remodeling of the existing structure
including three bathrooms, windows and drywall. He further requested that electrical,
mechanical and plumbing permits be obtained for the work that has been completed
without permits. Staff report Exhibit 10.
10.On May 29, 2011, Building Permit D10 -324 expired without being issued. No
response was received by the Permit Center to the correction letter issued by Dave
Larson. No mechanical, plumbing or electrical permit applications were received for
this property.
11.Officer Hulvey issued the Complaint of Unfit Building Hearing notice on June 10,
2011. The notice was also posted at the property. The City misread the assessor
records, believing that the parcel containing the residence had been sold in April 2011.
The Complaint Notice was mailed to Hashimoto Kimio, principle of PDI Capital LLC in
error. Mr. Kimio does not own the parcel with the residence. The parcel containing
the residence is still owned by Le's Capital LLC.
12. Because the City mailed the notice to an incorrect property owner, Improvement
Officer Stetson asked Mr. Le if he wished to delay the hearing until he had time to
further prepare. Mr. Le indicated that the hearing should proceed today.
13. Mr. Le requested that the City send a letter of correction to PDI Capital acknowledging
the error and correcting our records. Ms. Hulvey has agreed to do so.
14. Mr. Le stated that the interior work had been completed by the previous owner and
that he had only constructed the deck without a permit.
Determination and Order
Based on the initial investigation of this matter, and the information gathered at the
above described hearing, the Improvement Officer makes the following Determination
and Order:
1. Extensive interior remodeling has been done on this structure sometime between April
10, 2009 and January 28, 2011, based on photographic evidence submitted with the
staff report. It is unclear from this evidence who performed the remodeling work within
the structure.
2. The remodeling work included new wiring, installation of three new bathrooms, new
mechanical systems, two new water heaters, windows, doors, foundation at the
garage, deck and other improvements all installed without required permits. Stairs are
not to building code. Structure Tacks attic or crawlspace access. Egress windows are
not adequate size. Water heaters were installed improperly. Fire blocking not
verified. Fire resistant construction not verified. Other deficiencies noted in inspectors'
reports or as yet undiscovered.
3. The permit application submitted in November 2010 for construction of a deck has
expired without issuance.
4. No permit applications have been received for the building, mechanical, plumbing or
electrical work performed without permits.
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5. The structure currently meets the definition of International Property Maintenance
Code (IPMC) 108.1.3 Structure unfit for human occupancy. "A structure is unfit for
human occupancy whenever the code official finds that such structure is unsafe..."
6. The structure currently meets the definition of IPMC 108.1.5 Dangerous structure or
premises:
a. "1. Any... stairway, ...or other means of egress that does not conform to the
approved building or fire code of the jurisdiction as related to the requirements
for existing buildings;
b. `2. The walking surface of any...stairway is...unsafe as to not provide safe and
adequate means of egress;
c. `4. Any portion of a building...on the exterior...that is not of sufficient strength
or stability, or is not so anchored, attached or fastened in place so as to be
capable of resisting natural or artificial loads of one and one -half the original
designed value.
d. "5. The building or structure...because of...faulty construction...is likely to
partially...collapse or some portion of the foundation...of the building...is likely
to fail...
e. "8. Any building...has been constructed...in violation of any ...requirement
...provided by the approved building or fire code of the jurisdiction...to such an
extent as to present either a substantial risk of fire, building collapse or any
other threat to life and safety.
f. "10. Any building or structure, because of a lack of sufficient or proper fire
resistance -rated construction, fire protection systems, electrical system, fuel
connections, mechanical system, plumbing system or other cause, is
determined by the code official to be a threat to life or health."
7. IPMC 108.6 Abatement methods "The owner, operator or occupant of a building
premises or equipment deemed unsafe by the code official shall abate or cause to be
abated or corrected such unsafe conditions either by repair, rehabilitation, demolition
or other approved corrective action."
The property owner is hereby ordered to:
1. Not later than September 5, 2011, submit building, electrical, mechanical, and
plumbing permits for the entire scope of the work completed to date and
construction of foundation at garage, deck and deck cover.
2. Complete all required inspections for all issued permits in a timely manner.
Failure to comply with this order by the above_due date will result in the City
proceeding with an Order of Condemnation requiring demolition of the structure.
Appeal
You are entitled to appeal this Determination, Findings of Fact, and Order. You must
request an appeal within thirty (30) calendar days after receiving this Determination (by
August 12, 2011). The appeal must be in writing to the Tukwila Office of the City Clerk,
6200 Southcenter Boulevard, Tukwila, WA 98188. An appeal fee must be submitted with
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the written appeal request. An open record appeal hearing will be scheduled before the
Tukwila Hearing Examiner within 30 days from the date the appeal is filed. At that hearing
you may present evidence and testimony from you and other witnesses, including new
information not previously presented to the Improvement Officer, challenging this
Determination, Findings of Fact, and Order.
Remediation /Penalties
If you do not appeal this ruling and fail to comply with the Determination, Findings of Fact,
and Order, the Improvement Officer may direct or cause the subject dwelling, building,
structure or premises to be repaired, altered, improved, vacated, and closed, removed or
demolished pursuant to RCW Chapter 35.80.
The cost of any action taken by the Improvement Officer under TMC 8.45.200 shall be
assessed against the subject property pursuant to RCW Chapter 35.80. Upon
certification by the City of Tukwila Finance Director that the assessment amount is due
and owing, the King County Treasurer shall enter the amount of such assessment upon
the tax rolls against the subject property pursuant to the provisions of RCW 35.80.030.
Questions regarding the Determination, Findings of Fact, and Order should be directed to
the Code Enforcement division at 206/431 -3682.
Sincerely,
K a a
Kathryn A. Stetson
City of Tukwila Improvement Officer
Cc: Jack Pace, Director, Department of Community Development
Bob Benedicto, Building Official
Rachel Turpin, Assistant City Attorney
Mary Hulvey, Code Enforcement Officer
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