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HomeMy WebLinkAbout2022 - Notice of Violation and Order - Ryan Dente - 20220308001380Instrument Number: 20220308001380 Document:N Rec: S215.50 Page -1 of 13 Record Date:3/8/2022 3:47 PM Electronically Recorded King County, WA Return Address: City of Tukwila - City Clerk 6200 Southcenter Boulevard Tukwila, WA 98122 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Notice of Violation and Order 2. 3. 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 L City of Tukwila 2. , Additional names on page of document. Grantee(s) Exactly as name(s) appear on document i. Ryan Dente 2. , Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) MCMICKEN HEIGHTS DIV NO 1 UNREC LOTS 27 THRU 29 BLK 2 LESS POR LOTS 28 & 29 DAF BEG NW COR LOT 29 TH SOUTH ALG W LINE THOF 200 FT TH EAST 110 FT TH NORTH TO NLY LINE LOT 28 TH NWLY ALG NLY LINE LOTS 28 & 29 TO POB; LESS POR LOT 27 & POR E 30 FT LOT 28 LY NORTH OF S 301.24 FT THOF & LESS POR LOT 27 WITHIN STREET Plat Block: 2 Plat Lot: PORS 27-28-29 Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned 5379200230 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. "1 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 Instrument Number: 20220308001380 Document:N Rec: 521.5.50 Page -2 of 1.3 Record Date:3/8/2022 3:47 PM King County, WA City of Tukwila Code Enforcement NOTICE OF VIOLATION :NC RD R - TMC § 8.45,070 December 22, 2021 Dente Ryan 431 S 325th Place Apt W8 Federal Way, WA 98003 Violations File #: CE19-0113 Violation Location: Adjacent to/south of 5165 S 160th St (Vacant Land) Parcel #: 5379200230 Environmentally Sensitive Class IV Wetland and 50 -foot Buffer Areas: Class 4 Steep Slope Violation # 1 CLEARING VEGETATION IN CRITICAL AREAS WITHOUT A PERMIT Code Reference: TMC 18.45.130 Areas of Potential Geologic Instability Uses, Exemptions, Alterations and Mitigation A. General. The uses permitted in the underlying zoning district may be undertakes on sites that contains areas of potential geologic instability subject to the standards of this section and the recommendations of a geotechnical study. C. Alterations 1. Prior to permitting alteration of an area of potential geologic instability, the applicant must demonstrate one of the following: a. There is no evidence of past instability or earth movement in the vicinity of the proposed development, and, where appropriate, quantitative analysis of slope stability indicates no significant risk to the proposed development or surrounding properties; or b. The area of potential geologic instability can be modified or the project can be designed so that any potential impact to the project and surrounding properties is eliminated, slope stability is not decreased, and the increase in surface water discharge or sedimentation shall not decrease slope stability. 2. Where any portion of an area of potential geologic instability is cleared for development, a landscaping plan for the site shall include replanting of preferably native trees (an equal mix of evergreen and deciduous), shrubs and groundcover. The landscaping plan must be approved by the Director. Replacement vegetation shall be sufficient to provide erosion and stabilization protection. CITY OF MIK WIIIL.A CODE ENFIRCE M TNT w 6300 SSOUTHCFN1[ER VICD, SUITE 3.00, TUKW ILA, WA 98188 ' (206)431-167"1 Instrument Number: 20220308001380 Document:N Rec: 521.5.50 Page -3 of 1.3 Record Date:3/8/2022 3:47 PM King County, WA 3. Critical facilities shall not be sited within or below an area of potential geologic instability unless there is no practical alternative (demonstrated by the applicant). 4. Land disturbing activities in an area of potential geologic instability shall provide for storm water quality and quantity control, including preparation of a TESC and permanent drainage plan prepared by a professional engineer licensed in Washington. 5. Unless otherwise provided or as part of an approved alteration, removal of vegetation from an area of potential geologic instability or its buffer shall be prohibited. When permitted as part of an approved alteration, vegetation removal shall be minimized to the extent practicable. 6. Surface drainage, including downspouts, shall not be directed across the face of an area of potential geologic instability if drainage must be discharged from the top of a hazard to its toe, it shall be collected above the top and directed to the toe by tight line drain and provided with an energy dissipative device at the toe for discharge to a swale or other acceptable natural drainage areas. 7. Structures and improvements shall minimize alterations to the natural contour of the slope, and foundations shall be tiered where possible to conform to existing topography (minimize grading/cut and fill to amount necessary). 8. The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties. TMC 18.45.158 Vegetation Protection and Management C. Vegetation Retention and Replacement. 1. Retention. a. Native vegetation in critical areas and their buffers must be protected and maintained. No removal of native vegetation is allowed without prior approval by the City except in cases of emergency where an imminent hazard to public life, safety or property exists. Vegetation may be removed from the buffer as part of an enhancement plan approved by the Director. Enhancements will ensure that slope stability and wetland quality will be maintained or improved. Any temporary disturbance of the buffers shall be replanted with a diverse plant community of native northwest species. b. Invasive vegetation (blackberry, ivy, laurel, etc.) may be removed from a critical area or its buffer except steep slopes without a permit if removal does not utilize heavy equipment. The use of herbicide by a licensed contractor with certifications as needed from the Washington Department of Ecology and the Washington Department of Agriculture is permitted but requires notification prior to application to the City and shall comply with TMC Section 18.45.158.E.3. Invasive vegetation removal on steep slopes requires prior City approval. c. Hazardous or defective trees, as defined in TMC Chapter 18.06, may be removed from a critical area if threat posed by the tree is imminent. If the hazard is not obvious, an assessment by a certified professional, as defined in Chapter TMC 18.06, may be required by the Director. Dead and hazardous trees should remain standing or be cut and placed within the critical area to the extent practicable to maximize habitat. Tree replacement in accordance with this chapter is required for any hazardous tree removed from a critical area. TMC 18.45.195 Violations CITY OF TUIICWILA CODE ENFO CEMENT • 630Cb,SC)UTIFRCU° TER BLVD, SUVT , 00, TUKW fLA, WA 98188 • (206)43i.. 671 Instrument Number: 20220308001380 Document:N Rec: 521.5.50 Page -4 of 1.3 Record Date:3/8/2022 3:47 PM King County, WA A. Violations. Failure to comply with any requirement of this chapter shall be deemed a violation subject to enforcement pursuant to this chapter and TMC Chapter 8.45. 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. 3. To remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter. 4. To misrepresent any material fact in any application, plans or other information submitted to obtain any critical area use, buffer reduction or development authorization. 5. To fail to comply with the requirements of this chapter. On December 21, 2021, I observed majority of the property has been cleared of all understory vegetation by mechanical means and there are numerous, deep ruts Observed Conditions: throughout the property. Along Slade Way, I observed water flowing down the area that was to access the property (see enclosed photograph). Research: Researching City permit tracking system, I did not find any applied for, or issued, permits to clear the understory or alter the property. Researching Tukwila iMap, Environmentally Sensitive Areas Layer, I discovered that the property is profoundly encumbered by a designated Category IV wetland and a Class 4 Landslide Hazard (see enclosed maps). The work, described in the "Observed Conditions" section above, has partially or entirely occurred within the Class 4 Landslide Hazard area, which is considered a "potential area of geologic instability" and a "critical area." TMC 18.45.120(A); TMC 18.06.182. Corrective Action: 1. Immediately discontinue all activities associated with the unpermitted clearing of vegetation and removal of trees (live or dead) over the entire property. 2. Immediately bring entire site into compliance with the King County Surface Water Manual, Appendix D. Erosion and Sediment Control measures include, but not limited to wire backed silt fencing with steel stakes, six (6) inches or greater of straw or straw mulch over the entire property, straw waddles, jute fabric or mats.* Before installation commences, contact Jim Toole to confirm the proposed measurements meet City Standards. Once installations are complete, contact Jim Toole for an inspection. Once measures are approved, maintain site to this standard until June 1, 2022. Compliance date to install erosion and sediment measurements and final approval: January 16, 2022 3. Submit a complete Special Permission -Director Application and all required documents, including a critical area study for the entire property that delineates wetland, wetland buffer areas, steep slopes, and steep slope buffer area; assesses the impacts that have been done to the critical areas; and includes a mitigation plan. Contact Heidi Watters, City Environmentalist, heidi.watters@tukwilawa.gov for questions regarding the critical area study requirements. Compliance to submit all documents: January 31, 2022 Compliance Dates: See Corrective Measures Above CITY OF'TUKWIIN..A CODE ENFORCE ENT a. 6300 SOUTHCENTER BLVD, SUITE 100, MK. IlIILA, WA 98188 * (206)431.3671 Instrument Number: 20220308001380 Document:N Rec: S215.50 Page -5 of 13 Record Date:3/8/2022 3:47 PM King County, WA NOTE: Permit applications are now being accepted electronically. See https://www.tukwilawa.goviwp-content/uploads/DCD-Permits-Login-to-Online-Portal.pdf for further details on how to submit the above applications. The city's permit center website is https://www.tukwilawa.gov/departments/permit-center/ 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 NOT CE OF VIOLATION AND ORDER - Per TMC § 8.45.070 crry OF TUK A CODE ENFORCEMENT * 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 * (206)431.-36'71 Instrument Number: 20220308001380 Document:N Rec: S215.50 Page -6 of 13 Record Date:3/8/2022 3:47 PM King County, WA 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 TUKWBLA. CODE ENFORCE ENT 6300 SOUTHCENTER BLVD, SU rtE 100,, WA 98188 a ( 206)431.-3671 Instrument Number: 20220308001380 Document:N Rec: S215.50 Page -7 of 13 Record Date:3/8/2022 3:47 PM King County, WA ENVIRONMENTALLY SENSITIVE AREAS Class IV Wetland and 50 -foot Buffer, Class 4 Steep Slope. Approximately 75 % +/- of property encumbered by the ESA. CE19-0113 (Try OF TUKWILA CODE ENFORCEMENT 6300 SOUTHCENTER 3ILVD, SU DTI 100, TUKWILA, WA 98188 * (206)431-3671 Instrument Number: 20220308001380 Document:N Rec: S215.50 Page -8 of 13 Record Date:3/8/2022 3:47 PM King County, WA CLASS 4 STEEP SLOPE CLASS IV WETLAND. CEP( OF ILYIKWR.A CO) ENFORCEMENT 6300 SOUTHCENTER BLVD, SUITE 100,, TUKWILA, f\/A 98.188 * (206)431 .3671 Instrument Number: 20220308001380 Document:N Rec: S215.50 Page -9 of 13 Record Date:3/8/2022 3:47 PM King County, WA rr-e kediRetrd Category V, Category V r,(f15 d s d H a zer r ea I Class 2 - Moderate 'lass 4 Very Ngh MY& InEERMIRCEMI Further Study Needed' MY OF TUICAMA CODE ENFO „El ENT n 6300 SOUTHCENTER BLVD SLATE 100, TUKWVLA, WA 98188 (206)431-.3671 Instrument Number: 20220308001380 Document:N Rec: S215.50 Page -10 of 13 Record Date:3/8/2022 3:47 PM King County, WA CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT CODE ENFORCEMENT 6300 SOUTHCENTER BLVD, SUITE 100 TUKWILA, WA 98188 (206) 431-3676 STOP WORK All persons engaged in doing or causing work to be done are hereby ordered to immediately STOP WORK. See required Corrective Action(s) below. Please contact the Permit Center at 206-431-3670 between the hours of 8:30 am and 5:00 pm and a Permit Technician will assist you through the process to submit your application(s) successfully. Case Number: CE21-0155 Location at: Across the street/north of 5165 5 160th St. Northwest corner of 53rd Ave 5 And S 160th St. Parcel # 5379200006 (Vacant Land) Environmentally Sensitive Areas: Class IV Wetland and 50 -foot Buffer, Class 4 Steep Slope. 100% of property encumbered by the ESA. VIOLATION: Clearing Vegetation in Environmentally Sensitive Areas CORRECTIVE ACTION REQUIRED: 4. Immediately discontinue all activities associated with the unpermitted clearing of vegetation and removal of trees (live or dead) over the entire property. 5. Immediately bring entire site into compliance with the King County Surface Water Manual, Appendix D. Erosion and Sediment Control measures include, but not limited to wire backed silt fencing with steel stakes, six (6) inches or greater of straw or straw mulch over the entire property, straw waddles, jute fabric or mats.* Before installation commences, contact Jim Toole to confirm the proposed measurements meet City CITY OF TUKWILA CODE ENFORCEMENT 6300 SOUTHCENTER BLVD, SUVTE 100„ TUKWILA, WA 98188 0 (206)431.-3671 Instrument Number: 20220308001380 Document:N Rec: S215.50 Page -11 of 13 Record Date:3/8/2022 3:47 PM King County, WA Standards. Once installations are complete, contact Jim Toole for an inspection. Once measures are approved, maintain site to this standard until June 1, 2022. Compliance date to install erosion and sediment measurements and final approval: January 16, 2022 6. Submit a complete Special Permission -Director Application and all required documents, including a critical area study for the entire property that delineates wetland, wetland buffer areas, steep slopes, and steep slope buffer area; assesses the impacts that have been done to the critical areas; and includes a mitigation plan. Contact Heidi Watters, City Environmentalist, heidi.watters@tukwilawa.gov for questions regarding the critical area study requirements. Compliance to submit all documents: January 31, 2022 POSTED on 12/22/2021 Time: A.M. BY: Jim Toole, (206) 431-3676 Code Enforcement Officer IT IS UNLAWFUL TO REMOVE OR DEFACE THIS NOTICE IPMC 108.4.1 and TMC 8.45.020(8)(3) CITY OF 'RI KINRA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SWIE 100, TUKANtlLA, WA 98188. (206)431-3671 Instrument Number: 20220308001380 Document:N Rec: S215.50 Page -12 of 13 Record Date:3/8/2022 3:47 PM King County, WA City of Likwila Allan Ekberg, Mayor Department of Community Development - Nora Gierloff, Director September 8, 2021 Mr. Dente Ryan 431 S 325th Place, Apt. W8 Federal Way, WA 98003 RE: Code Enforcement Case #CE19-0113 Location: Adjacent to, south of 5165 S 160th St Parcel #: 5379200225 Mr. Ryan. I am one of the code enforcement officers for the City of Tukwila and I am the officer assigned to the referenced code enforcement case. There is one violation on this property and Mr. Krick had not brought the property into compliance as of this writing. Therefore, the violation, which runs with the property, are now your responsibility to bring into compliance. I have enclosed the last letter, Final Request for Compliance, that Mr. Krick had been sent which explains this violation. Also included with this letter are two maps: Landslide Hazard and Wetlands. I do not know if you are aware of the encumbrances that are located on your property, but the two maps will explain that majority of the property is not buildable. There is a small portion of this property that can be built upon and Mr. Krick was working on obtaining all of the required permits to build his home. Once you have had an opportunity to review this letter and maps and you would like to discuss this matter further, please contact me at either the email address or phone number listed below. Respectfully, --7- Jim Toole Code Enforcement Officer P 206-431-3676 E-mail: jim.toole©tukwilawa.gov Department of Community Development 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 www.tukwilawa.gov Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Instrument Number: 20220308001380 Document:N Rec: S215.50 Page -13 of 13 Record Date:3/8/2022 3:47 PM King County, WA Title or Addressee Date Page 2 Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov