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HomeMy WebLinkAboutCOW 2022-05-09 Item 4B - Update - Code EnforcementCOUNCIL AGENDA SYNOPSIS 40 Initials ITEM NO. � Meeting Date Prepared by Mayor's review Council review O i o 5/9/22 NG 4.B. __.1461,--- 9©8ITEM ITEMINFORMATION STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 5/9/22 AGENDA ITEM TITLE Code Enforcement Update CATEGORY 11 Mtg Discussion Date 5/9/22 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtn Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs 11 DCD ❑ Finance 11 Fire ❑ P&R ❑ Police ❑ PIF SPONSOR'S Provide a periodic update on Tukwila's Code Enforcement program and the serious nature SUMMARY of the life safety and environmental issues the Officers address. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONsoR/ADMIN. Department of Community Development COMMITTEE Direct to full Council COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 5/9/22 Informational Memorandum dated 4/29/22 with attachment 113 114 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Nora Gierloff, DCD Director BY: Jim Toole, Code Enforcement Officer CC: Mayor Ekberg DATE: April 29, 2022 SUBJECT: Code Enforcement Update ISSUE Provide a periodic update on Tukwila's Code Enforcement program and the serious nature of the life safety and environmental issues the Officers address. BACKGROUND The violations addressed by the Code Enforcement team range from neighborhood quality issues like overgrown blackberries and inoperable cars to life safety issues like constructing a second story on a house without permits or destabilizing a steep slope. Historically Officers have addressed a wide range of complaints including rubbish and garbage, parking on grass, outdoor storage, unpermitted remodeling and additions to residential homes, filling and grading, tree removals, and clearing of Environmentally Sensitive Areas. Over the last 3 years there has been an increase in the scale and seriousness of violations in the City. Code Enforcement Officers approach each case individually, but they rely on their knowledge of the City and past cases to determine reasonable timelines and effective solutions for the property owner to achieve compliance. Unfortunately, there are cases where the violation is so severe or the fix so expensive that the property owner may be unwilling or unable to bring their property into compliance in a timely manner. DISCUSSION While Tukwila generally takes a reactive, complaint -based approach to code enforcement we will actively pursue cases when we see potentially serious violations of construction or environmental codes. We have been operating with two Officers, rather than three, since one position was frozen in 2020. Though the Council allowed us to fill the third position, one officer went on leave shortly after the new Officer started and will not be returning. Currently there are 215 open cases, with an average number of days to closure at 396. Year Cases Opened Cases Closed Average Days to Close 2020 148 144 151 2021 153 46 269 2022 44 29 226 Code enforcement cases become significantly more difficult to resolve when they require consultants like geotechnical engineers, wetland biologists, or structural engineers to design solutions to bring the property into compliance. A contractor who clears and grades or fills a site without permits or without following Geotechnical recommendations can quickly create a situation that can take many tens of thousands of dollars to correct. The full extent of the damage may take years to emerge. Some examples of active cases are: 115 116 INFORMATIONAL MEMO Page 2 ■ Seattle Police Athletic Association (SPAA Gun Range): A tremendous amount of soil was brought into the site without permits. Some was used to illegally expand the non -conforming use of the property, and therefore will need to be removed. Once removed the unclassified wetland that was partially filled will need to be mitigated and 40 or more trees will need to be planted to replace the trees that were removed. The berm at the northeast corner of the property may be allowed to stay if the property owner can prove through geotechnical reports that the new soil is stable. If the soil is stable they will be required to replant the entire area with the native trees, shrubs and understory plants. If the soil is not stable, the soil will need to be removed. There is a Class III wetland located in this same area that has been severely damaged through illegal dumping of construction debris, automotive parts, rubbish and garbage, and soil. This location must be abated and mitigation of the entire area will be required. Code Enforcement is working closely with Tukwila's Urban Environmentalist, Public Works, and the Department of Ecology on these violations. ■ HS Estates: This is a nine -lot subdivision which began in 2019 that proposed a significant amount of fill material to raise the land to make it feasible to build nine single family residences. The contractor brought in fill that was not inspected by City staff and the engineer of record did not submit sufficient compaction records. The erosion and sediment control measures were not properly installed, thus allowing the fill material to shift, sink, and erode. The developer has now installed the correct erosion and sediment control measures and the issues with the fill material have been slowed. The City is waiting to receive a proposal from the developer's engineer to stabilize the site and allow construction to proceed. The City will then have a geotechnical engineer peer review the solution. https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Code Enf_COWMEMO_5-9-2022.docx INFORMATIONAL MEMO Page 3 ■ Royal Auto Repair & Sales: In 2019-2020 the property owner removed trees behind their business on a Class 2 and Class 3 Landslide Hazard steep slope. They received a Notice of Violation and Order and were informed that erosion control, a Geotech report, and tree replanting were required but they did not come in for permits or plant any trees. Two years later the slope is beginning to fail with mud and debris washing into the parking lot. The owner is now being required to retain a Geotechnical Engineering firm to evaluate the slope and make recommendations for slope stability. We have also seen a rise in unpermitted and non -code compliant building construction. Some of these are flippers, hoping to make a quick sale before the construction is discovered. This can create unsafe conditions that are expensive for the new owners to correct. We have had some success reaching out to real estate agents to inform them about houses that have been remodeled or converted without approvals when we discover them in time. Other times it's the owners themselves who have expanded their houses or created an Airbnb for additional income. Vacant structures can quickly become attractive nuisances, drawing squatters and illegal activity. One example is at 13xxx 38th Ave S where an elderly homeowner had lived in a dilapidated, overgrown, deteriorating house before passing away in January. This April City staff observed the front door to the house was open. With the assistance from the police, City staff inspected the interior and found the ceiling collapsing in several rooms due to the roof leaking, black mold prevalent throughout the house, and every room had been ransacked. Code Enforcement posted the house with a placard stating that it was unsafe to occupy. On the same day the City contracted with a local company to board up the house. The evening of the boarding, a neighbor mowed the front lawn on this property. Another neighbor is assisting City staff in locating family members, relatives, and anyone else who could potentially take control of the property. Other neighbors have voiced their appreciation and happiness now the house is https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Code Enf_COWMEMO_5-9-2022.docx 117 118 INFORMATIONAL MEMO Page 4 boarded. The goal will be to have a future owner demolish the house, remove all overgrowth, and secure the property. Tree removal without permits on residential property has been an ongoing issue. Neighbors, delivery drivers, and dog walkers do reach out to the City when they see trees being removed. Now with SeeClickFix reinstated, tree removal complaints will begin coming into the City as before the pandemic. Fortunately, as you will see in Attachment A, some property owners have the means and code enforcement can provide the motivation to demolish an abandoned house, install erosion and sediment control measures, remove rubbish and garbage, and maintain their property over many years. FINANCIAL IMPACT While the majority of code enforcement cases are resolved by the property owner there are cases where the City intervenes due to life safety issues for the public or significant https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Code Enf_COWMEMO_5-9-2022.docx INFORMATIONAL MEMO Page 5 environmental impacts. Code Enforcement has in the past resolved violations on private property through abatement, but due to financial limitations abatements are difficult to perform. Code Enforcement has an abatement fund of $17,000 yearly that we have used in targeted situations to board up a nuisance property, install erosion control, or in rare cases demolish a dangerous structure. It can cost $5,000 to board up a single -story house and up to $10,000 for a two-story. It can cost up to $75,000 to demolish a house including removal of the foundation and capping of utilities. Erosion and sediment control measures can cost as little as $1,500 or up to $10,000 depending on the size and location of the property. Even getting the right to go onto the property to make the corrections can involve significant legal costs. We lien the property to eventually recover our expenses but are generally not paid until the property changes hands. RECOMMENDATION Information and discussion only. ATTACHMENT A. Code Enforcement Case Resolutions https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Code Enf_COWMEMO_5-9-2022.docx 119 120 Code Enforcement Case Number RFA11-158, 15xxx 42nd Ave S This case begin in 2011 when the property owner purchased a home in 2006 near SeaTac airport and brought it to this address. The owner raised the single story residence and built a new first floor. This house project began in 2006 and for the next thirteen years the owner did not finish the work needed to move into the new two-story house. The house became a public nuisance, people were breaking in and damaging the home, and police and fire have been called to the property several times over the years. The City worked delingently with the property owner to no avail. In 2018, the City decided to pursue an abatement of the house. The City gave every opportunty to the owner to finish the work on the house in 2018 and 2019, but the owner chose not to complete the work. The City hired a company to demolish the house and on November 13, 2019 the demolition began. Since the completion of the demolition, the property has remained vacant and there has not been any issues with rubbish and garbage, abandoned vehicles, or squatters. November 13, 2019 Page 1 of 6 121 Google Street View January 2022 122 Page 2 of 6 Code Enforcement Case Number CE17-0394 & CE18-0299. 35xx S 146th St & 37xx S 146th St. Even though the code enforcement cases opened in different years, the same issues were occurring on both properties: Unsecured, vacant structures and premises, public nuisance, rubbish and garbage, junk vehicles. Both homes were repeatedly broken into in 2018, 2019, and 2020 and police and fire were repeatedly called to both homes. The owner is the same for both homes and they chose to demolish both homes to end the ongoing problems. The demolition of both homes began on March 12, 2020 and construction fencing was erected around these properties to prevent unauthorized access. Google Street View July 2019 March 12, 2020 January 2022 Page 3 of 6 123 Code Enforcement Case Number CE21-0155, Parcel #: 53792xxxxx Vacant Land, near 51 xx S 160th St. The vacant land sold on December 7, 2021 and the new owner proceeded to clear all of the vegetation from the property. The code enforcement case opened on December 22, 2021 for "Clearing Vegetation in an Environmentally Sensitive Area". The entire property is encumbered by Class 4 Wetlands and Class 4 Landslide Hazard. The property is very cooperative and they had the silt fencing and straw installed very quickly. They are also working with the City's planning department to determine where a single-family residence can be constructed on the property. Google Street View August 2019 Google Street View February 2022 124 Page 4 of 6 Code Enforcement Case Number CE19-0057, Parcel 25230xxxxx Vacant Land, near 16xxx W Valley Hwy The vacant land was being used for homeless encampments and a dumping ground for rubbish and garbage. Through the cooperation of the owner and Tukwila Police, the camps were vacated, the rubbish and garbage were removed, and where it was feasible, the land was sprayed for noxious weeds, mowed, and has been maintained since June 2020. This land is encumbered by a Class III Wetland and its associated buffer and the rubbish and garbage were carefully removed from the wetland. Through the efforts of Tukwila Police and Code Enforcement, this property has remained clear of camps, rubbish, and garbage. The owner continues to maintain the property and wetlands through Best Management Practices, mowing, and removal of any rubbish and garbage. March 27, 2019 June 24, 2020 Page 5 of 6 125 August 3, 2020 April 7, 2022 126 Page 6 of 6