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Home My WebLink About2022 - Notice of Violation and Order - Douglas Leadbetter - 20220428000006Instrument Number: 20220428000006 Document:N Rec: $213.50 Page -1 of 11 Record Date:4/28/2022 7:04 AM 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 an 1. Notice of Violation and Order 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference It'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 narne(s) appear on document 1. Douglas Leadbetter 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) HILLMANS C D MEADOW GARDENS # 3, Plat Block: 22, Plat Lot: 21 & 28 Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number ■ Assessor Tax h' not yet assigned 3351400290 The Auditor/Recorder will rely on the information provided on this fonn. 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, I 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: 20220428000006 Document:N Rec: S213.50 Page -2 of 11 Record Date:4/28/2022 7:04 AM King County, WA CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT CODE ENFORCEMENT 6300 SOUTHCENTER BLVD, SUITE 100 TUKWILA, WA 98188 206 431-3670 STOP WORK All persons engaged in doing or causing work to be done are hereby ordered to IMMEDIATELY STOP ALL WORK. See required Corrective Actions below. CASE NUMBERS & LOCATION: CE22-0007. Parcel # 3351400290: HILLMANS C D MEADOW GARDENS # 3, Plat Block: 22, Plat Lot: 21 & 28 CE22-0008. Parcel # 3351400320: HILLMANS C D MEADOW GARDENS # 3, Plat Block: 22, Plat Lot: 27 CE22-0009. Parcel # 3351400315: HILLMANS C D MEADOW GARDENS # 3, Plat Block: 22, Plat Lot: 26 The three parcels above are adjacent to / east of 3944 S 113th St, Tukwila, WA. All three parcels are vacant. VIOLATIONS: 1. Grading Activities Without Adequate Erosion and Sediment Control. TMC 16.54.060 (STANDARDS). 2. Filling and Grading Without a Permit. TMC 16.54.050 (PERMIT), TMC 8.45.020 (VIOLATIONS). 3. Tree Removal on a Class 2 & 3 Steep Slope. TMC 18.54.030 (TREE PERMIT REQUIRED), TMC 18.45.130 (AREAS of POTENTIAL GEOLOGIC INSTABILITY USES, EXEMPTIONS, ALTERATIONS, and MITIGATION). 4. Storage of Vehicles, Recreational Trailer, and Boat on Vacant lots. TMC 18.56.040 (General Requirements). CORRECTIVE ACTIONS REQUIRED: 1. Erosion and Sediment Control Stabilize all disturbed soils as required by TMC 16.54.060 with all erosion and sediment control measures which include, but not limited to: silt fencing around all disturbed soils, four (4) to six (6) inches or greater of straw mulch over all disturbed soils, and straw waddles Instrument Number: 20220428000006 Document:N Rec: S213.50 Page -3 of 11 Record Date:4/28/2022 7:04 AM King County, WA around all disturbed soils. Once all measures have been installed, you must obtain an inspection and approval from Jim Toole, Code Enforcement Officer. Compliance Date: February 13, 2022 2. Filling and Grading A. Immediately stop all activities associated with excavation of soil and land clearing. Stop bringing additional gravel and soil onto the property. B. Submit a complete Public Works Permit Application (Type C), Plans, and Geotechnical Reports to the City of Tukwila. The permit application, plans, and reports must be submitted by a Washington State Licensed Geotechnical Engineer. Compliance date: March 7, 2022 C. Once all plan reviews have been completed and approved, obtain the Public Works Permit and Stamped Approved Plans. Contact Scott Moore, Senior Project Inspector, at 206-571-6323 to schedule a site meeting to discuss what the required work will be required to bring all grading and land clearing into compliance. D. Correct any grading deficiencies that are shown in the approved plans and discussed during the meeting with Scott Moore, Senior Project Inspector. E. Schedule all required inspections to have the grading inspected, approved, and finaled 3. Tree Removal in an Environmentally Sensitive Area A. Immediately stop all activities associated with the removal of trees and stumps and remove all branches, logs, and stumps created by the removal of the trees. The branches to be removed include the ones laying on the flat surface areas and the ones that are located over the banks on the east and north sides of the parcels. Compliance date: February 13, 2022 B. Submit a complete Tree Permit application, plans, and an Arborist Report for the removal of all trees. Compliance date: March 7, 2022 C. Once all plan reviews have been completed and approved, obtain the Tree Permit and Approved Plans. Contact Jim Toole Code, Code Enforcement Officer at 206-431-3676 to schedule a site meeting to discuss what the work will be required to bring all tree removals into compliance. D. Schedule all required inspections with Jim Toole, Code Enforcement Officer at 206-431-3676 to have the tree planting inspected, approved, and finaled. 4. Storage of Vehicles A. Immediately stop parking vehicles, recreational trailers, boats, trailers, and construction equipment onto the vacant parcels. Remove all vehicles, recreational trailers, boats, trailers, construction equipment from the parcels. Compliance date: February 13, 2022 B. Once all items have been removed, maintain the three (3) properties to this standard at all times. Any violation of a Stop Work Order may be prosecuted with a Notice of Violation and Order and is hereby declared to be a public nuisance, subject to the assessment of penalties of $250.00 per day for each violation and costs and legal fees necessary for abatement (See TMC 8.45.090 and TMC 8.45.120(A)(2)(a)). POSTED on January 12, 2022 Time: _P.M. BY: Jim Toole, Code Enforcement Officer, 206-431-3676 IT IS UNLAWFUL TO REMOVE OR DEFACE THIS NOTICE (TMC 8.45.020(B)(3)) Instrument Number: 20220428000006 Document:N Rec: S213.50 Page-4 of 11 Record Date:4/28/2022 7:04 AM King County, WA Instrument Number: 20220428000006 Document:N Rec: S213.50 Page -5 of 11 Record Date:4/28/2022 7:04 AM King County, WA AMENDED City of Tukwila Code Enforcement NOTICE OF VIOLATION AND ORDER - TMC § 8.45.070 March 7, 2022 Case Number & Location: Doug Leadbetter 19402 108th Ave SE Kent, WA 98031 Violations CE22-0007 Parcel #: 3351400290 CE22-0008 Parcel #: 3351400320 CE22-0009 Parcel #: 3351400315 The three parcels above are adjacent to / east of 3944 S 113th St, Tukwila, WA. All three parcels are vacant. Zoning: Low Density Residential (LDR) Environmentally Sensitive Areas: Lanslide Hazard: Class 2 — Moderate Landslide Hazard: Class 3 - High Violation # 1 EROSION PREVENTION AND SEDEMENT CONTROL Code Reference: TMC 16.54.060 Standards Observed Conditions: Research: A. All grading activities require erosion prevention and sediment control that prevents, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, rights-of-way, water resources, and adjacent properties. Erosion and sediment controls shall be applied commensurate with the degree of risk, and as specified by the temporary erosion and sediment control measures, performance criteria, and implementation requirements of TMC Chapter 14.30 and the Surface Water Design Manual. On February 1, 2022 I observed the three parcels have been partially cleared of trees and brush, including the removal of two large stumps (26" DBH each). The land has been excavated and leveled. No erosion prevention and sediment control measures have been installed on any of the three parcels. Researching Tukwila iMap, Environmentally Sensitive Areas layer, there are two landslide hazards which encumber all three parcels. They are Landslide Hazard: Class 2 — Moderate and Landslide Hazard: Class 3 — High. The land clearing activities occurred in both Land Slide Hazard classification. CITY OF TUKWILA COUPE ENFORCEMENT * 6300 SOUTHCENTER BLVD, SLUDTE 100, TUIKWVLA, WA 98188 * (206)431- 3671 Instrument Number: 20220428000006 Document:N Rec: S213.50 Page -6 of 11 Record Date:4/28/2022 7:04 AM King County, WA Corrective Action: Compliance Date: Violation # 2 Code Reference: CITY OF'TUKWILA 3671 Researching City's permit tracking system, I did not find any permits applied for or issued for the land clearing activites observed on these three parcels. 1. Immediately STOP all land clearing activities on all three parcels. 2. Remove all timber (logs), stumps, and brush created by the removal of trees on all three parcels. These three tasks must be completed before the erosion prevention and sediment control measures are installed. 3. Stabilize all disturbed soils as required by TMC 16.54.060 with erosion and sediment control measures which include, but not limited to: silt fencing around all disturbed soils (around the perimeter of the three parcels), six (6) inches or greater of straw mulch over all disturbed soils, and straw waddles around all disturbed soils. Once all measures have been installed, you must obtain an inspection and approval from Jim Toole, Code Enforcement Officer, 206-396-0025. (See enclosed diagram for the correct installation of silt fencing. Suggest installation of tarp over the entire area that has been excavated / cut.) 4. Maintain site through for the life of the project to ensure the erosion and sediment control measures are functioning correctly and are being maintained per the 2016 King County Storm Water Manual, D.2.1.11(1) and D.2.4.4, Maintenance Requirements. March 31, 2022 FILLING AND GRADING WITHOUT A PERMIT TMC 16.54.050 PERMIT A. A permit is required for all grading activities occurring within the City limits. TMC 8.45.020 VIOLATIONS B. In addition to specific civil violations enumerated throughout the Tukwila Municipal Code, the following actions are unlawful and are subject to enforcement through this chapter: 2. It is unlawful for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished, any structure, land, or property within the City in any manner that is not permitted by the terms of any permit or authorization issued pursuant to the applicable provisions of the Tukwila Municipal Code. 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 undertaken on sites that contain areas of potential geologic instability subject to the standards of this section and the recommendations of a geotechnical study. C. ALTERATIONS. 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. O E ENFORCENT + 6300 SOUTHCENTER BLVD, I"I E 100, TUIKWILA, WA 98188 w (206)431- Instrument Number: 20220428000006 Document:N Rec: S213.50 Page -7 of 11 Record Date:4/28/2022 7:04 AM King County, WA Observed Conditions: Research: Corrective Action: Compliance Date: Violation # 3 Code Reference: CITY OF'TUKWILA 3671 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. 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. On February 1, 2022, I observed all three parcels have been partially graded and excavated. The area excavated is four (4) feet in depth and fifty (50) feet in length. The excavated soil has been spread to the east and north edges of the cleared parcels and created fill three (3) to five (5) feet deep. Researching the City's permit tracking system, I did not find any permits applied for or issued for the land altering activities on the three parcels. Researching Tukwila iMap, Environmentally Sensitive Areas layer, there are two landslide hazards which encumber all three parcels. They are Landslide Hazard: Class 2 — Moderate and Landslide Hazard: Class 3 — High. The land clearing activities occurred in both Land Slide Hazard classification. 1. Immediately STOP all activities associated with excavation of soil and land altering activities. DO NOT bring any gravel or soil onto the property. 2. Submit a complete Public Works Permit Application (Type C), Plans, and Geotechnical Reports to the City of Tukwila. The permit application, plans, and reports must be submitted by a Washington State Licensed Geotechnical Engineer. Compliance date: April 4, 2022 3. Once all plan reviews have been completed and approved, obtain the Public Works Permit and Stamped Approved Plans. Contact Scott Moore, Senior Project Inspector, at 206- 571-6323 to schedule a site meeting to discuss what the required work will be required to bring all grading and land clearing into compliance. 4. Correct any grading deficiencies that are shown in the approved plans and discussed during the meeting with Scott Moore, Senior Project Inspector. 5. Schedule all required inspections to have the grading inspected, approved, and finaled. October 1, 2022 TREE REMOVAL IN AN ENVIROMNMENTALLY SENSITIVE AREA TMC 18.54.030(A) Tree Permit Required 1. A Tree Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any of these trees within the City, unless the action is exempt from this chapter. O E ENFORCEMENT + 6300 SOUTHCENTENR BLVD, I"R E 100, TU1KWILA, WA 98188 w (206)431- Instrument Number: 20220428000006 Document:N Rec: S213.50 Page -8 of 11 Record Date:4/28/2022 7:04 AM King County, WA Observed Conditions: Research: Corrective Action & Compliance Dates: TMC 18.06.845(005) Exceptional Tree "Exceptional Tree" means a tree that is at least 18 inches in diameter.... On February 1, 2022, I observed the three parcels had trees removed. Two stumps that were removed were both twenty-six (26) inches in diameter. One stump, which was not removed, was twenty-six (26) inches in diameter. And, three other stumps that were not removed were eight (8) inches in diameter. Researching the City's permit tracking system, I did not find any permits applied for or issued for the removal of these trees. 1. Immediately STOP all activities associated with the removal of trees and stumps and remove all branches, logs, and stumps created by the removal of the trees. The branches to be removed include the ones laying on the flat surface areas and the ones that are located over the banks on the east and north sides of the parcels. Compliance date: March 31, 2022 2. Submit a complete Tree Permit application, plans, and an Arborist Report for the removal of all trees. Compliance date: April 4, 2022 3. Once all plan reviews have been completed and approved, obtain the Tree Permit and Approved Plans. Contact Jim Toole Code, Code Enforcement Officer at 206-431-3676 to schedule a site meeting to discuss what work will be required to bring the three parcels into compliance. 4. Schedule all required inspections with Jim Toole, Code Enforcement Officer at 206-431- 3676 to have the tree planting inspected, approved, and finaled. Compliance date: December 31, 2022 NOTE: For the health and servivabilty of all planted vegetation, this material can not be planted before October 1, 2022. NOTE: Application Submittals and Inspections are now being accepted electronically. See https://www.tukwilawa.gov/wp-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.toolePtukwilawa.gov Enclosure(s): Tree Permit Checklist Public Works Permits checklist CITY OF TUKWILA CODE ENFORCEMENT an 6300 SOUTHCENTER BLVD, ISU.UDTEE 100, TUKWILA, WA 98188 a (206)431.- 3671 Instrument Number: 20220428000006 Document:N Rec: S213.50 Page -9 of 11 Record Date:4/28/2022 7:04 AM King County, WA City of Tukwila Code Enforcement NOTICE OF VIOLATION AND ORDER - PerTMC § 8.45.070 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. MY OF TUKWBB_A CODE ENFORCEMENT * 6300 SOUTHCE.NTEIR BLVD, SLBTE 100, TUKWWLA, WA 98188 , (206)43i 3671 Instrument Number: 20220428000006 Document:N Rec: S213.50 Page -10 of 11 Record Date:4/28/2022 7:04 AM King County, WA CITY OF TUKIAMA CODE ENE() 3671 Environmentally Sensitive Areas lopt hil.0 Landslide Hazard A rpa Class 2 - Moderate Class 3 - High Class 4 Very Kgh Further Study Needed CE ENT 6300 SOUTHICE TER BLVD SLATE 100, TUK \MLA, WA 98188 * (206)431- Instrument Number: 20220428000006 Document:N Rec: S213.50 Page -11 of 11 Record Date:4/28/2022 7:04 AM King County, WA JOINTS IN FILTER FABRIC SHALL BE SPLICED AT POSTS USE STAPLES, WIRE RINGS OR EQUIVALENT TO ATTACH FABRIC TO POSTS. .4977,777/.72,7,4A, A 10,„!.•;,, 2 x 2 14 Gauge Wire On Back Of Silt Fence 2 x 2 14 Gauge Wire On ck Of Silt Fence ALTER FABRIC - MINIMUM 4"x4TRENCH-' BACKFILL TRENCH WITH NATIVE SOIL - OR 3144' TO 1-1/2* WASHED GRAVEL \ Steel Fence Posts CITY OF TUK A CODE ENFORCEMENT * 6300 .SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 * (206)431.- 3671