HomeMy WebLinkAboutPCD 2021-07-19 Item 1B - Update - Code Enforcement and Rental HousingW
i City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, Community Development
BY: Kia Shagena, Code Enforcement Officer
CC: Mayor Ekberg
DATE: July 19, 2020
SUBJECT: Code Enforcement and Rental Housing Program Update
ISSUE
Review Code Enforcement and Rental Housing current activity to better understand ongoing
issues.
BACKGROUND
The Tukwila Code Enforcement Team works to support a safe, inviting, and healthy
environment for residents, businesses, and visitors by enforcing the parts of the Tukwila
Municipal Code that relate to conditions of private property. Compliance is typically reached
through promoting public awareness, communication, and collaboration. In difficult cases
monetary penalties and or legal action may be required. In addition to general code
enforcement, the Code Enforcement Team is also responsible for managing and administrating
the Residential Rental License and Inspection Program.
The City established the Residential Rental Business License and Inspection Program in 2010.
This program was established for rental units to protect the public health, safety and welfare by
ensuring the proper maintenance of such housing, by identifying and requiring correction of
substandard housing conditions, and by preventing conditions of deterioration and blight that
could adversely impact the quality of life in the City of Tukwila.
Last year Council adopted a resolution waiving rental license and inspection late fees due to
COVID but rental inspection deadlines were not extended at that time.
DISCUSSION
Briefing on current Code Enforcement activity:
Tukwila Municipal Code Chapter 8.45 establishes a system to enforce the development, land
use, and public health regulations of the City. The Code Enforcement team utilizes established
standard operating procedures to identify, track, and resolve violations. Attachment A illustrates
these procedures.
As of July 13, 2021, Code Enforcement has 186 open enforcement cases. Of these cases 123
cases are related to permits, 25 cases are related to garbage, 17 are related to overgrowth, and
11 are related to sensitive area violations. 6 cases are actively being appealed.
Many cases are straight forward and are easily resolved, while other cases are a bit more
challenging and time consuming. Attachment B details four examples of some of our more
challenging cases.
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INFORMATIONAL MEMO
Page 2
Briefing on the Rental Housing Licensing and Inspection Program:
Tukwila Municipal Code Chapter 5.06 establishes regulations pertaining to rental housing
license and inspection. Residential rental properties are required to obtain an annual rental
business license. As of July 13, 2021, The Rental Housing Program has 4311 registered rental
units and 572 active rental licenses (one license per property). All program late fees for 2020
and for 2021 (through September 30, 2021) were waived in response to the ongoing COVID-19
pandemic. As of July 13, 2021, 61 properties have yet to renew their 2021 rental license.
Rental Inspection Deadline Extension
In addition to annual licensing, all rental housing units in the City must pass an inspection every
4 years Properties with up to 4 units may use a City inspector while all larger properties must
use a private inspector who meets specific qualifications. The City may also inspect units in
response to complaints and audit inspections submitted by private inspectors when inspection
reports are in question.
1810 rental units are due for their next inspection. Not including new rental licenses, 737 units
were due for inspection by or before September 30, 2020. 1074 units are due for inspection in
2021. Due to the pandemic nearly all property owners have postponed their inspections. In
response to the pandemic staff developed a virtual rental inspection beta program to address
inspection needs, however, few property owners have taken advantage of the option to date.
With the reopening of City Services to the public the Rental Housing Program has started
scheduling in person rental inspections again.
In response to the large backlog of inspections that was created due to the pandemic staff has
proposed a 2 -year extension to all inspection deadlines. Extending all inspection deadlines will
eliminate the backlog and will allow staff to focus on the properties that would have been the
most overdue without an extension.
FINANCIAL IMPACT
The Residential Rental License and Inspection Program YTD revenue for 2021 is $47,044 with
$244 in inspection fees paid. 2020 revenue was $55,123 with $2035 in inspection fees paid.
2019 revenue was $52,313 with $10,465 in inspection fees.
With a return of inspections, revenues from inspection fees will increase.
RECOMMENDATION
Information and discussion only
ATTACHMENTS
Attachment A. Code Enforcement Flowchart
Attachment B. Case Review (CE18-0149; CE20-0041; CE21-0026; CE21-0027)
https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/COMMITTEE MEETINGS/PCD-
2021 /2021.07.19/InfoMemo_CodeEnforcementUpdate_F INAL.docx
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Case: CE18-0149
Address: 4### S 150th St
Violation: Building Permit Required & ADU registration
Date opened: June 1, 2018
History of case:
1. On December 2, 2020, two Notice of Violation and Orders (NOVO) was issued. One for ADU
Standards / Registration Required and the second one for Building Permits Required.
2. The Building Permit Required NOVO was issued separately since this a repeat violation.
3. On December 15, 2020, the NOVO for ADU Standards / Registration Required was appealed.
The second NOVO for Building Permits Required was not appealed.
4. On February 2, 2021, a hearing was held for the violations of Sections 18.50.220 and
.230 of the Tukwila Municipal Code (TMC) associated with unpermitted construction activity
and violations of the municipal code's requirements concerning Accessory Dwelling Unit (ADU)
standards and registration requirements.
5. On March 5, 2021, the Hearing Examiner's Decision was issued.
DECISION AND ORDER
Because substantial evidence supports the conclusion that the Appellant violated TMC
18.50.220 and .230, by performing or directing extensive construction work be performed on
Building 2, at 4### S. 150th Street, without benefit of permits or inspections, and continues to
rent the property to others without it being appropriately registered, the appeal is DENIED.
The Appellant is directed to:
1. Immediately remove listings advertising Building 2 on any and all residential rental
websites including but not limited to Airbnb. Fines of $250/day will begin accruing for
any continued rental of Building 2 prior to necessary permits, inspections, and
registrations being obtained.
2. Immediately discontinue all use and occupancy of Building 2 until all applicable permits
have been submitted, inspected, approved, and issued. As noted above, fines of $250/day
will begin accruing for any continued use of Building 2 prior to necessary permits,
inspections, and registrations being obtained.
3. Prior to further rental of Building 2, after all necessary permits and inspections have been
obtained, Mr. #### shall obtain necessary permits and submit required registration
information to the City, including submitting a complete and signed registration form,
signing and recording an affidavit of owner occupancy, and obtaining a Residential
Rental Business Inspection and License. An additional fine of $250/day (separate from
the $250/day fine detailed above related to use of Building 2) will begin accruing.
6. On March 26, 2021, the Appellant appealed the Hearing Examiner's Decision to the Superior
Court.
7. At this time, the City is waiting for the Superior Court's Decision.
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Case Review, 7-8-2021
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The last two photographs are taken from the AirBnB listing in December 2020. The left photograph is the
second floor of the subject building and the drop down ladder leads to the attic space which is habitable. The
right photograph is the attic space and the window is located in the north wall. There are no permits for this
window and there is no egress from the attic space except for the drop down ladder.
Case Review, 7-8-2021
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Page 2 of 6
Case: CE20-0041
Address: 14### 57th Ave S
Violation: Building Permit Required
Date opened: February 27, 2020
History of case:
1. On August 4, 2020, Notice of Violation and Order (NOVO) was issued for Building Permits
Required.
2. On August 12, 2020, the NOVO for Building Permits Required was appealed.
3. On September 22, 2020, a hearing was held for unpermitted construction activity in
violation of Tukwila Municipal Code (TMC) 16.04.020 and to unauthorized removal of posted
City notices in violation of TMC 8.45.020.
4. On October 5, 2020 the Hearing Examiner's Decision was issued.
DECISION AND ORDER
Because substantial evidence supports the conclusion that the Appellant violated IBC 105.1,
as adopted by TMC 16.04.020, by performing or directing extensive construction work to his
house at 14### 57th Avenue South without required permits and that the Appellant violated
TMC 8.45.020.B.3 by removing from the house lawfully posted City notices, the appeal is
DENIED. The Appellant is directed to achieve compliance with the Tukwila Municipal Code
no later than 60 days from the date of this decision by taking the following actions:
1. Discontinue all construction on the property until all applicable permits have been
submitted, approved, and issued for all work. All work must be inspected and approved
by City inspectors before each issued permit is considered complete.
2. Submit complete plans with applications for all applicable building permits for any and
all new construction on the property, including a building permit for the new two-story
addition on the rear (west side) of the house, plus all applicable electrical, mechanical,
and plumbing/gas piping permits associated with any new construction and renovations.
These plans must include the addition of an attached deck structure and steps leading
from the second floor on the north side of the house, the addition of a covered front entry
and concrete steps, and all other alterations including but not limited to the replacement
of windows, exterior siding, roofing (if sheathing was replaced), water heater, and
HVAC.
3. Obtain a separate permit for the construction of the large detached shed structure of 120
square feet or more total floor area (located in the north side yard).
5. On March 26, 2021, the Appellant appealed the Hearing Examiner's Decision to the Superior
Court.
6. On April 2, 2021, the City Attorney received notice from the Appellant's attorney of voluntary
dismissal of the Appeal to the Superior Court.
7. The new compliance date to submit all applicable permits and associated plans was May 31,
2021.
8. On June 15, 2021, no permits or plans had been submitted to the City.
9. On June 15, 2021, the subject house was posted with "Unsafe To Occupy Do Not Enter". The
Compliance date to vacate the house and secure it from unauthorized entry was June 30, 2021.
Case Review, 7-8-2021 Page 3 of 6
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10. On July 2, 2021, no permits or plans had been submitted to the City.
11. On July 1, 2021, the subject house was posted with "Water Shut -Off Notice.
12. On July 9, 2021, the water was turned off at the subject property.
Current owner purchased home on May 31, 2019
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Case: CE21-0026 & CE21-0027
Address: 3### S Boeing Access Rd & 11### E Marginal Way S
Violation: Violation of Grading Standards, Unpermitted Use and Alterations of Wetlands, Filling and
Grading without a Permit, Violation of Nonconforming Uses, Removal of Trees without a Permit,
Unclassified Use Permit, & Accumulation of Garbage and Rubbish
Date opened: April 8, 2021
Environmentally Sensitive Area: Two Category III Wetlands and associated 80 -foot buffers. And one
uncategorized wetland.
History of case:
1. On April 21, 2021, Request for Compliance (RFC) was issued.
2. On May 12, 2021, a TEAMS meeting was held with the property owner to discuss the RFC letter.
3. On June 7, 2021, a TEAMS meeting was held with the property owner to continue the
discussion of the cited violations and the corrective measures in the RFC letter.
4. On June 11, 2021, a site visit was conducted with the City's Assistant City Attorney and Code
Enforcement Officer and with the property owner and their attorney. The visit was to clarify
compliance procedures and to negotiate compliance deadlines.
5. Continued conversations through email with the property owner from June 8, 2021 through
July 2, 2021.
6. On July 2, 2021, the property owner submitted their Erosion and Sediment Control plans.
7. The compliance for each violation has been determined by what is the most critical corrections
need to be completed first. For example, the erosion and sediment control measures must be
installed and finaled before October 1, 2021. The remaining violations will be corrected in 2022
and possibly 2023 due to budgetary constraints.
8. This case is ongoing and due to the magnitude of the violations and the acreage they cover, this
case will continue through 2025 or longer. For example, monitoring of the remediation of the
wetlands may be as long as 5 years.
Case Review, 7-8-2021 Page 5 of 6
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