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Home My WebLink About2022 - Code Violation - Mohamad Ezzeddine - 20220805000695Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -1 of 18 Record Date:8/5/2022 2:40 PM Electronically Recorded King County, WA Return Address: City of Tukwila - City Clerk 6200 Southcenter Boulevard Tukwila, WA 98122 Please print or type information WAS INGTON STATE RECORDER'S Cover Sheet (Rcw 65.04) Document Title(s) (or transactions contained therein): gall areas applicable to your document must be filled in) 1. 1.Code Violation 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page .__ of document Grantor(s) Exactly as n.arne(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. Mohamad Ezzeddine 2. Additional narnes on page _ - of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) ADAMS HOME TRS 1ST ADD E 117 FT, Plat Block: 2, Plat Lot: 23 Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Assessor Tax # not yet assigned.0041000283 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accurac_y or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCC 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 at margin/formatting requirements Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -2 of 18 Record Date:8/5/2022 2:40 PM King County, WA BEFORE THE HEARING EXAMINER FOR THE CITY OF TUKWILA In the Matter of the Appeal of Mohamad Ezzeddine Of a Notice of Violation and Order No. CE18-0149 FINDINGS, CONCLUSIONS, DECISION, & ORDER SUMMARY OF DECISION The appeal of a Notice of Violation and Order, related to 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, is DENIED. Hearing: The Hearing Examiner held an open record hearing on the appeal on February 2, 2021, using remote hearing technology, and concluded the hearing on February 9, 2021. The record was left open until February 12, 2021, to allow the parties to submit additional information.' Testimony: The following individuals submitted testimony under oath: City Witnesses: Jim Toole, City Code Enforcement Officer Benjamin Hayman, City Fire Marshal Jerry Hight, City Building Official Appellant Witnesses: Jorge Luis Linares Montejo Mohamad (Moe) Ezzeddine Attorney Emily Miner represented the City at the hearing. The Appellant requested an Arabic translator for the appeal hearing. R.eena, Alrashid sowed in this role, with amazing skill and patience, during both days of the remote hearing. To state that Ms. Alrashid did phenomenal work would be an understatement Her work was truly exceptional. Findings, Conclusions, Decision, & Order City of Tukwila Hearing Examiner Ezzeddine Appeal of a Notice of I7iolation and Orcler No. CE18-0149 Page I of17 Instrument Number: 20220805000695 Document:C Ree: $220.50 Page -3 of 18 Record Date:8/5/2022 2:40 PM King County, WA Exhibits: The :following exhibits were admitted into the record: Appellant Exhibits: A-1. Combined Witness and Document List, undated A-2. Letter from Doctor Katerina Riabova, dated October 9, 2020 A-3. Sale description from 2006 A-4. Series of Emails: a. Email from Moe Ezzeddine, dated 10:55 AM, November 18, 2020 b. Email from Moe Ezzeddine, dated 10:57 AM, November 18, 2020 c. Email from Moe Ezzeddine, dated 2:20 PM, November 23, 2020 d. Email from Moe Ezzeddine, dated 1:27 PM, December 1, 2020 e. Ernail from Moe Ezzeddine, dated 2:11 PM, December 5, 2020 A-5. Question: "So many Airbnb in Tukwila, how do they know that those belong to me?" A-6. Map of Tukwila A-7. Narrative, undated A-8. Email from Jim Toole, dated January 2, 2018 A-9. Email from Jim Toole, dated December 13, 2017 A-10. Email from Kia Shagena, dated November 8, 2018 A-11. City Notice of Violation and Order (File # 18-0149), dated May 7, 2019, with two photos dated May 6, 2019 A-12. South 150th Street Preliminary Short Plat (Sheet 1 of 1), dated October 9, 2019 A-13. Email from Mike Zeno to Eva Cunio, dated March 10, 2017 A-14. 2015 Seattle Residential Code, Chapter 1, Administration A-15. Letter 1i-om Edward Mecum, P.E., Encompass, to Max Baker, dated November 17, 2020 A-16. South 150th Street Preliminary Short Plat (Sheet 1 of 1), Grading, Drainage and Utility Plan Profiles, dated November 13, 2020 A-17. South 150th Street Preliminary Short Plat (Sheet 3 of 3), dated August 27, 2019 A-18. South 150th Street Preliminary Short Plat (Sheets 1, 2, and 3 of 3), dated October 30, 2020 A-19. 4010 South 150th Street (Sheet 1 of 1), Boundary and Topographic Survey, dated September 24, 2018 A-20. Letter from Doctor Katerina Riabova, dated October 9, 2020 A-21. Three (3) photographs, undated A-22. Complete Tukwila Municipal Code (updated December 2018) A-23. Correction Letter #1, dated July 19, 2019 A-24. City Electrical Permit Requirements A-25. South 150th Street Preliminary Short Plat (Sheet 3 of 3), lot reconfirmation, dated April 15, 2019 A-26. Fastsigns Invoice #157-69854, dated November 18, 2019 A-27. Six (6) photographs, undated A-28. One (2) photographs, undated A-29. Ten (10) photographs, undated Findings, Conclusions, Decision, & Order City of Tukwila „Wearing Examiner Ezzeddine Appeal of a 1W.nice of Violation and Order No. CE18-0149 Page 2 of 17 Instrument Number: 20220805000695 Document:C Ree: $220.50 Page -4 of 18 Record Date:8/5/2022 2:40 PM King County, WA A-30. South 150th Street Preliminary Short Plat, (Sheet 1 of 1), Grading, Drainage and Utility Plan Profile, red -lined, dated October 9, 2019 A-31. South 150th Street Preliminary Short Plat, (Sheet 1 of 1), Grading, Drainage and Utility Plan Profile, red -lined, dated October 9, 2019 A-32. South 150th Street Preliminary Short Plat (Sheets 1, 2, and 3 of 3), red -lined, dated October 10, 2019 A-33. 1st floor drawing, undated A-34. Small enclosed porch drawing, undated A-35. Correction Letter #3, dated February 19, 2020 A-36. Preliminary Technical Information Report, Encompass, revised November 17, 2020 A-37. Screenshot of information on Building Number 1 A-38. Screenshot of information on Building Number 2 A-39. Floor plan drawings for Parcel No. 004100-0283 A-40. Section 105 of International Building Code A-41. Application for Side Sewer Permit (No. 6730), dated March 2, 2010; Application for Side Sewer Permit (No. 1869), dated September 9, 1975 A-42. "Exhibition 55" — Additional Photographs of Property* City Exhibits C-1. King County Department of Assessments Property Detail for parcel number 0041000283, 4010 S. 150th Street, Tukwila, WA 98188 C-2. Trustee's Deed for parcel number 0041000283, dated March 7, 2016 C-3. Pictures of the Property taken December 4, 2017 and December 18, 2017 C-4. First Request for Compliance Notice dated July 6, 2018 C-5. Email from Mr Ezzeddine to CEO Toole dated July 5, 2018 Mr. Ezzeddine sent several inappropriate and threatening emails to several people involved in this matter during the course of these proceedings. The Hearing Examiner was made aware of some of these emails and has referenced such emails in the "Pleadin.gs, Motions, Orders, & Other Communications" section just below. Ultimately, the Hearing Examiner issued an "Addendum" to his previously issued Pre -Hearing Order (PHO) explaining that such communications were inappropriate and would not he tolerated. That said, it is unclear whether .Mr. Ezzeddine attempted to submit "additional" documentary evidence outside of the scope of the original PHO in the entails that were not considered by the Hearing Examiner. The Hearing Examiner constructed the "Appellant's Exhibit List" (which was not compiled with any 'tabs' or other designations as requested) as well as he was able from. th.e materials submitted in compliance with the PHO. That resulted in 41 distinct documents that the Hearing Examiner determined should he treated as potential exhibits tbr the hearing. The Hearing Examiner explained this at the outset of the hearing and, ultimately, both. parties agreed. to treat the "universe" of potential exhibits as: Exhibits A -I through A -4I for the Appellant; and C-1 through C-33 for the City. The Hearing Examiner ruled that each party would be able to submit "objections" to all potential exhibits after th.e hearing. In addition, after the hearing, Mr. Ezzeddine sent several. photographs (multiple times) that he labeled as "Exhibition 55." It is unclear why Mr. Ezzeddine settled on "Exhibition 55" for what the Hearing Examiner has now deemed "Exhibit A-42" but such materials are now deemed admitted for purposes of a complete record. Anything else Mr. Ezzeddine attempted to submit is deemed excluded on the grounds that it was not submitted in compliance with the PHO or any other directive of the Hearing Examiner during the course of the proceedings. Ruling o/the Hearing .Examiner. Findings, Conclusions, Decision, & Order City of Tukwila Hearing Examiner Ezzeddine Appeal of a Notice of Violation and Order No. CE18-0149 Page 3 of 1 7 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -5 of 18 Record Date:8/5/2022 2:40 PM King County, WA C-6. Email from CEO Shagena to Mr. Ezzeddine dated November 8, 2018 C-7. Final Req-uest for Compliance Notice dated 'November 26, 2018 C-8. Email from Mr. Ezzeddine to CEO Shagena dated January 9, 2019 C-9. Pictures from site visit on April 9, 2019 C-10. Stop work issued April 9, 2019 C-11. Pictures from the site visit on April 10, 2019 C-12. Signed meeting notes summarizing April 22, 2019 meeting between City and Mr. Ezzeddine C-13. City Notice of Violation and Order (File # 18-0149), dated May 7, 2019, with King County Recording No. 20190808000082 C-14. Application for building permit number D19-0229, received July 15, 2019 C-15. D19-0229 Correction Letter issued to Mr. Ezzeddine, July 19, 2019 C-16. Email correspondence between Mr. Ezzeddine and the City, dated August 8, 2019, with email string C-17. Stop Work Order, issued September 26, 2019 C-18. Notification of building permit expiration letter, dated December 3, 2019 C-19. "Get a License" letter, dated June 18, 2020 C-20. Email from Mr. Ezzeddine, dated June 23, 2020 C-21. Email from CEO Dunning to Mr. Ezzeddine, dated November 3, 2020, transmitting cover letter and offer of the -Voluntary Correction Agreement C-22. Email from Mr. Ezzeddine to CEO Dunning, dated -November 5, 2020 C-23. Residential Rental Application submitted by Mr. Ezzeddine, dated November 11, 2020 C-24. Residential Rental Application Denial letter, dated November 24, 2020 C-25. Notice ofViolation and Order issued fbr ADU Standards and Registration, issued December 2, 2020 C-26. Notice of Violation and Order — Repeat Violation. issued for Building Permit violations issued December 2, 2020. C-27. Receipt slips confirming both NOV-Os had been received C-28. Appeal request of the ADU Standards and Registration NOVO, filed by Mr. Ezzeddine and received by the City on December 14, 2020 C-29. Airbnb listing of Building 2 dated January 16, 2021 C-30. Airbnb listing of Building 2 dated January 18, 2021 C-31. Aerial map and picture of the Property C-32. Email from Clerk to the Hearing Examiner, Lori Solberg, dated January 6, 2021 to the parties and the Hearing Examiner specifying the date and time of the hearing, along with a link to the virtual hearing C-33. Email from Mr -Ezzeddine to Ms. Solberg, dated January 6, 2021 C-34. Additional Information Referencing Renta! of Property, undated Pleadings, Motions, Orders, and Other Communications: • Appeal Letter, received December 14, 2020 • Hearing Examiner's Pre -Hearing Order, dated December 31, 2020 Findings, Conclusions, Decision, & Order City of Tukwila „Wearing Examiner Ezzeddine Appeal of a 1W.nice(..:?f Violation and Order No. CE18-0149 Page 4 of 17 Instrument Number: 20220805000695 Document:C Ree: $220.50 Page -6 of 18 Record Date:8/5/2022 2:40 PM King County, WA • Staff Report, dated January 26, 2021 • City Witness and Document List, dated January 26, 2021 • Hearing Examiner's Pre -Hearing Order (Addendum), dated January 28, 2021 • City Evidentiary Objections, dated February 12, 2021 • Appellant Evidentiary Objections, undated • Hearing Examiner's Update on Decision, dated March 1, 2021 • Email from Mr. Ezzeddine to Jim Toole, Emily Miner, and Lori Solberg, dated January 27, 2021 • Email from Mr. Ezzeddine to Ben Hayman, Emily Miner, and Lori Solberg, dated February 6, 2021 • Email from Mr. Ezzeddine to Ben Hayman, Emily Miner, and Lori Solberg, dated February 7, 2021 FINDINGS Background 1. Mohamad (Moe) Ezzeddine (Appellant) is the owner of real property consisting of a single parcel located at 4010 and 4004 S. 150th Street.Mr. Ezzeddine purchased the property on March 16, 2016. The property contains two residential structures. The first structure ("Building 1") bears the address o f 4010 S. 150th Street; it was constructed in 1939 and contains 5 bedrooms, 1.75 bathrooms, and 1,620 square feet of living space, according to tax records. The second structure ("Building 2"), which is the structure at issue in this appeal, bears the address of 4004 S. 150th Street; it was constructed in 1918 and contains 640 square feet of living space, with an unfinished first floor and a one - bedroom, one -bathroom unit on the second floor, according to tax records. Exhibit C-1 ; Exhibit C-2; Staff Report, page 2. 2. In December 2017, the City of Tukwila (City) received a complaint about rubbish and squatters on the property. The City conducted a site visit of the property and documented evidence tending to show that the property had been illegally occupied, including evidence of drug paraphernalia, human waste, and other debris in both structures on the property. In addition to showing evidence of squatters illegally occupying the structures, photographs from that visit show exposed pipework in Building 2. The City worked collaboratively with Mr. Ezzeddine to bring the property into compliance and closed the matter in February 2018. Exhibit C-3; Staff Report, page 2. 3. In June 2018, the City received a second complaint regarding overgrown vegetation on the property. The City conducted a site visit on July 5, 2018, and documented weeds exceeding 12 inches, as well as rubbish and garbage in a carport area attached to Building 2. On July 6, 2018, City Code Enforcement Officer Jirn Toole issued a "Request for Compliance" to Mr. Ezzeddine, which alleged violations of the municipal code related to 2 The property is identified by King County Parcel Number 004100-0283. Exhibit C-1. Findings, Conclusions, Decision, & Order City of Tukwila I:tearing Examiner Ezzeddine Appeal of a Notice of Violation and Order No. CE 18-0149 Page 5 of 17 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -7 of 18 Record Date:8/5/2022 2:40 PM King County, WA allowing unsecured vacant buildings, overgrown weeds, and an accumulation of garbage and rubbish on the property. The request required corrective actions by July 23, 2018, that included: securing the vacant premise from unauthorized entry; trimming back overgrowth to a height of 12 inches or less; and disposing of, or properly storing, all rubbish and garbage on the property. Exhibit C-4; Stall Report, page 2. 4. In an email dated July 5, 2018, Mr. Ezzeddine informed Officer Toole there were three tenants living at the property arid, accordingly, it was no longer vacant. Officer Toole transferred the matter to Code Enforcement Officer and Rental Housing Inspector Kia. Shagena. Officer Shagena emailed Mr. Ezzeddine about the ongoing code enforcement case on November 8, 2018. Officer Shagena stated in the email that all rental properties in the City require an annual residential business license and approved rental .inspection prior to tenant occupancy. She also noted that the City conducted a site visit of the property on 'November 1, 2018, and saw an accumulation of garage and rubbish, apparent weed overgrowth, and a damaged fence in .need of repair. Officer Shagena informed Mr. Ezzeddine that the following corrective actions would be required to bring the property into compliance with municipal code .requirements and to close the code enforcement case associated with the property: applying for an annual rental business license; paying all applicable license fees; obtaining a rental inspection for each rental unit from a City inspector or City -approved private inspector; disposing or properly storing all garbage and rubbish on the property; trimming back overgrown weeds to 12 inches in height or less; arid repairing or removing the damaged fence. Officer Shagena requested that Mr. Ezzeddine contact her by -November 16, 2018, to discuss his plans to bring the property into compliance. Exhibit C-5; Exhibit C-6; Staff Report, page 2. 5. After receiving no response from Mr. Ezzeddine, Officer Shagena issued a "Final Request for Compliance" on November 26, 2018. This request alleged code violations related to operating a rental unit without a residential rental business license, overgrown weeds, accumulation of garbage and rubbish, and allowing an unsound accessory structure (damaged fence) to remain on the property. The request required Mr. Ezzeddine to take the same corrective actions described in Officer Shagena's earlier email from November 8, 2018 (described above), with a compliance date of:December 14, 2018. In an email dated January 9, 2019, Mr. Ezzeddinc informed. Officer Shagena that the residential tenants had moved from the property. Exhibit C-7; Exhibit C-8; Report, page 3. 6. On April 9, 2019, Officer Toole saw individuals performing apparent construction activity on Building 2 and a pile of construction debris and garbage in the driveway on the property. Officer Toole took photographs of Building 2, which show newly installed windows on thc structure, and a large pile of construction debris and garbage in the driveway. After confirming with the City Permit Center that no permits were issued for construction activity, Officer Toole issued a Stop Work Order (SWO), which he posted Findings, Conclusions, Decision, & Order City of Tukwila Hearing Examiner Ezzeddine Appeal of a Votice of Violation and Order No. CE 18-0149 Page 6 of 17 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -8 of 18 Record Date:8/5/2022 2:40 PM King County, WA on Building 2. The SWO alleged a violation of the municipal code for unpermitted construction activity and required that all work immediately cease, that building plans and a building permit application be submitted within 15 days, and that all garbage and construction debris be removed by April 29, 2019. The SWO also provided notice that any violation of the SWO could result in issuance of a Notice of Violation and Order (NOV), penalties of $250 per day for each violation, and any costs and legal fees necessary for abatement. Exhibit C-9; Exhibit C-10; Staff Report, page 3. 7, On April 10, 2019, Mr. Ezzeddine met with Officer Toole and City Senior Building Plans Examiner Lee Sipe at the property. Mr. Ezzeddine allowed Officer Toole and Mr. Sipe to inspect and photograph the interior and exterior of Building 2. Photographs from the inspection show various construction activities occurring at Building 2, including electrical work, water heater installation, and new drywall installation. Exhibit C-11. On April 22, 2019, City staff met with Mr. Ezzeddine to discuss measures he would be required to take to bring the property into compliance with the municipal code, which City staff documented in a letter signed by Mr. Ezzeddine the same day. The letter Mr. Ezzeddine signed noted that the following requirements were discussed at the meeting: • All posted SWOs must remain in place until removed by a City building inspector after a scheduled inspection in relation to an issued permit. • All rubbish and garbage stored on the property must be removed by May 3, 2019. The property must remain secured at all times against unwanted entry and dumping by securing all access points. • Vegetation and weeds on the property must be maintained by trimming back overgrowth to a height of 12 inches or less. All living units must remain unoccupied until all appropriate building permits are obtained, final inspections approved, a rental housing business license is obtained, and an initial inspection has been completed for each rental unit. Failure to make positive progress toward compliance will result in the issuance of an NOV, and continuing violations will result in fines of $250 per violation per day until the violations have been satisfactorily corrected. Exhibit C-12. 9. Flaying not seen progress toward abating the outstanding violations on the property, City Code Enforcement Officer Lauri Dunning issued an NOV to Mr. Ezzeddine on May 7, 2019. Specifically, thc NOV stated that violations of the municipal code include: the accumulation of rubbish and garbage; allowing for an unsecured vacant property; and the need to obtain building permits for ongoing work on Building 2. The NOV provided for a compliance date oflune 10, 2019, to properly dispose of all rubbish and garbage and to secure all access points to the property. In addition, it called for a compliance date of July 8, 2019, to obtain all applicable/necessary building permits for the ongoing work on Building 2. The NOV included appeal instructions providing that any appeal must be Findings, Conclusions, Decision, & Order City of. Tukwila Ilearing Examiner Ezzeddine Appeal ola Notice of Violation and Order No. CE18-0149 Page 7 of 17 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -9 of 18 Record Date:8/5/2022 2:40 PM King County, WA .filed within 10 days of the 'NOV. being served. This NOV. was not appealed.3 Exhihit C- 13; S'tqff Report, page 3. 10. On July 15, 2019, Mr. Ezzeddine submitted a construction permit application for work on Building 2. The permit application described the proposed work on Building 2 as "complete remodel — convert garage into storage space, ADU on the upper floor." Exhibit C-14. After reviewing the application, the City issued a "Correction Letter," On July 19, 2019, requiring Mr. Ezzeddine to respond to several requests and comments from reviewing City departments prior to the construction permit for Building 2 being issued. In particular, the Correction Letter noted that Building 2 must comply with all requirements of the 2015 building and energy code in relation to ADUs and comply with the ADD standards of TMC 18.50.220. It also stated that the ADU should be registered with the City, as required by the municipal code. Exhihit C -I4; Exhibit C-15. 11. By July 26, 2019, Mr. Ezzeddine determined he did not wish to participate in the permitting process and emailed Officer Dunning to indicate a "need to cancel this permit." Mr. Ezzeddine conveyed his belief that, in applying for a permit, he "invited [a bunch] ofblood thirsty wolves to my house with only goal to make my life miserable though 1 never met those people in my life." Exhihit C-16. The same day, Officer Dunning responded to Mr. Ezzeddine and encouraged him to work with City staff despite his mounting frustrations, because significant progress had been achieved to bring the property into compliance with municipal code requirements. On August 1, 2029, Mr. Ezzeddine again emailed Officer Dunning, along with several other members of City staff, to request cancellation of the building permit and removal of the posted -NOV. In response, Officer Dunning noted that the City could remove the NOV once excessive vegetation on the property was trimmed and, further, that the building permit process must be completed "as we observed alterations" to Building 2 "since a site visit in December 2017." Exhibit C-16. Such alterations included adding "a full bathroom upstairs" and "preparations (plumbing, electrical, mechanical) for kitchens on both floors" as well as new windows installed throughout Building 2 and a "hot water tank" being installed. Exhibit C -I6. Officer Dunning stressed that all these alterations "need to be permitted and inspected." Exhihit C-16. Mr. Ezzeddine responded to Officer Dunning on August 5, 2019, and indicated that the vegetation on the property would be addressed. On August 7, 2019, Mr. Ezzeddine sent an additional email stating that he did not "want to hear from [the] city or work with [the] city or see any one" from City staff Exhihit C- 16. Mr. Ezzeddine also stated: "Yes this house has new foundation new windows new roof new plumbing new framing new furnace new earth new sky . . . city is happy now?" Exhibit C-16. The next day, Mr. Ezzeddine again wrote City staffand noted "we need all the violation closed since all fixed" and suggested that "we can hire third party inspector who both agree to his conclusion" but, ultimately, Mr. Ezzeddine expressed a belief that, 3 In addition, after Mr. Ezzeddine failed to take the corrective actions required by the applicable deadlines, the .NOV was recorded with the King County .Recorder's Offi.ce on August 8, 2019. Exhibit C-13. Findings, Conclusions, Decision, & Order City of Tukwila „Wearing Examiner Ezzeddine Appeal of a Mnice(..:?f Violation and Order CE18-0149 Page 8 of 17 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -10 of 18 Record Date:8/5/2022 2:40 PM King County, WA having "read all city construction codes electric plumbing and mechanical and nothing shows I need permit to this cosmetic] work." Exhibit C-16. 12. In September 2019, Officer Toole saw additional construction activity taking place on the property, while Mr. Ezzeddine's construction permit was still pending. Accordingly, Officer Dunning issued an SWO that was posted on the property on September 26, 2019. Officer Dunning saw additional construction activity on the property on October 22, 2019, and November 21, 2019, contrary to the SWO. 'Ultimately, Mr. Ezzeddine did not provide required responses to comments from the City departments reviewing his construction permit application, and the permit application expired on January 15, 2020. Exhibits C-14 through C-18; StaffReport, pages 3 and 4. 13. In June 2020, Officer Dunning saw that Building 2 appeared to be occupied. On June 18, 2020, the City issued a letter to Mr. Ezzeddine requesting that he submit an application for a residential rental business license by no later than July 1, 2020, as well as obtain necessary inspections associated with the license application. In an email dated June 23, 2020, Mr. Ezzeddine told the City that he did not have any tenants and that he lived at the property with his wife and his mother-in-law. He also suggested City staff "go back to school and educate yourself a little about how to be human again" and requested that the City "forget about Inc in life 1 mean stop sending your racists stuff to my property." Exhibit C-19; Exhibit C-20; Staff Report page 4. 14. On October 13, 2020, City staff found a listing on the Airbnb website posted by Mr. Ezzeddine for the rental of Building 2. The listing provided a description of the rental unit (Building 2) as containing two bedrooms with queen -sized beds and a loft with a king-sized bed. A 1.1111 listing for the rental unit posted on the website on January 16, 2021, states that the second story apartment had been fully remodeled and contains three bedrooms, with one of the bedrooms located in an attic space accessible only by a ladder stair. After finding that Building 2 had been remodeled and was being advertised as a rental 'unit, Officer Dunning provided Mr. Ezzeddine with an offer to enter into a -Voluntary Correction Agreement (VCA) with the City to resolve alleged code violations associated with Building 2. Officer Dunning notified Mr. Ezzeddine in a letter provided with the VCA that, if he did not sign and return the VCA by December 1, 2020, the City would proceed with issuing a new NOV for violations of the City's accessory dwelling unit (ADU) standards and registration requirements and for repeated -violations related to the City's permitting requirements. Mr. Ezzeddine rejected the City's offer to enter into a VCA in an email dated November 5, 2020, in which he told Officer Dunning to "go to court" to start the legal process against him and advised City staff against trespassing on his property. Exhibit C-21; Exhibit C-22; Exhibit C-25; Exhibit C-29; Staff Report, pages 4 and 5. Findings, Conclusions, Decision, & Order City o/ Tukwila Hearing Examiner Ezzeddine Appeal Lyra Notice of Violation and Order No. CE18-0149 Page 9 of 17 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -11 of 18 Record Date:8/5/2022 2:40 PM King County, WA 15. On .November 11, 2020, Mr. Ezzeddine submitted a residential rental application with the City for Building 2. On November 24, 2020, the City notified Mr. Ezzeddine that it was denying his rental license application because he did not submit the required application fees and because he had not yet resolved outstanding code violations associated with the property. Exhibit C-23; Exhibit C-24; Stag' Report, page 5. Notice of Violation and Order 16. On December 2, 2020, Officer Dunning issued a new NOV alleging a violation of the City's ADU standards and registration requirements. Specifically, the .NOV alleges a .violation of ADU standards under Tukwila Municipal (.'ode (TMC) 18.50.220 providing for a maximum square footage of 800 square feet and prohibiting rentals of ADUs for periods of less than 30 clays, as well as a violation of the requirements under TMC 18.50.230 that a property owner obtain a building permit for any necessary remodeling or construction of ADUs and obtain a residential rental business license prior to tenant occupancy. The NOV required corrective actions that included: discontinuing all use and occupancy of the ADU; submitting a complete ADU registration form; complying with all requirements of the ADU registration process, including obtaining all applicable building permits, inspections, and approvals; and completing the rental business license process. The NOV provided a compliance date ofJanuary 4, 2021, to submit the required ADU registration form. The same day, Officer Dunning also issued a separate NOV alleging a repeated .violation under TMC 8.45.080 for failing to obtain required building permits for the construction activity that occurred at Building 2. Exhibit C-25; Exhibit C- 26; Staff Report, page 5. Appeal 17. On December 14, 2020, Mr. Ezzeddine filed an appeal of the NOV related to violations of the municipal code associated with ADU standards. Mr. Ezzeddine argues in the appeal document that all the work that occurred on Building 2 was cosmetic in nature; that he is in the process of subdividing the property into two distinct parcels (with a major structure on each); and an engineer he hired could "write [an] inspection report for the subject property." Mr. Ezzeddine's appeal further stated his belief that he has been selectively targeted by City staff and stressed that .Airbnb "is the only source of income I have for .my family." Mr. Ezzeddine included dozens of pages of materials with his appeal. Of n.ote, a "Building Inspection. Report" from. Pacific Northwest Inspection Engineers, dated December 8, 2020, was included. The Report noted that the inspector "did not enter the lower level or portions of the upper level." of Building 2, but noted that th.e portions of Building 2 that were inspected appeared in good condition. The submitted materials also included information showing that separate utilities serve Building 1 and 2; that each building has its own mailbox; and that Mr. Ezzeddine never intended to Findings, Conclusions, Decision, & Order City of Tiikwila Hearing Examiner Ezzeddine Appeal of a Notice of Violation and Order No. (7E18-0149 Page 10 of 17 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -12 of 18 Record Date:8/5/2022 2:40 PM King County, WA "convert" Building 2 into an ADU.4 Exhibit C-28. 18. On December 31, 2020, the City of Tukwila Hearing Examiner (Hearing Examiner) issued a Pre -Hearing Order (PHO), setting a hearing on the appeal for February 2, 2021, and requiring witness lists and documents be submitted by January 26, 2021. Pre - Hearing Order, dated December 31, 2020. 19. The parties submitted potential exhibits, generally consistent with the PHO, on or around January 26, 2021. The City's exhibits include the information detailed above. The City also included a staff report, dated January 26, 2021, detailing the City's position. Mr. Ezzeddine's exhibits included dozens of photographs, purportedly showing that all work done on Building 2 was cosmetic in nature, along with other information about the property and the various permitting processes that Mr. Ezzeddine has been involved with over the years, including efforts to subdivide the property. Exhibits A-1 through A-42; Exhibits C-1 through C-33. 21. Appeal Hearing, February 2, 2021 The appeal hearing on this matter commenced on February 2, 2021, consistent with the PHO. At the outset of the hearing, Attorney Emily Miner provided opening remarks on behalf of the City. Ms. Miner argued that, .ultimately, Mr. Ezzeddine only appealed the NOV related to violations of the ADU standards in the municipal code (TMC 18.50.220 and .230) and not the other -NOV related to repeated violations under TMC 8.45.080 for failing to obtain required building permits for the construction activity that occurred at Building 2. Ms. Miner requested that the Hearing Examiner deny the appeal; find that Mr. Ezzeddine has violated TMC 18.50.220 and .230; require that all use and occupancy of Building 2 cease until required registration forms, permits, and inspections have been obtained; and issue penalties of $250/day for each violation. Argument ofMs. Miner. Fire Marshal Benjamin Hayman testified about the Fire Department's concerns with Building 2, explicitly noting that, to convert an unfinished garage space into a ground - floor rental unit, as occurred with Building 2, inspections would be necessary to ensure fire safety. Fire Marshal Hayman noted that, especially for the type of rental situation occurring here, an inspection would ensure that the rental units are appropriately equipped with fire extinguishers, smoke detectors, carbon monoxide detectors, rescue windows, and appropriate fire access to all. parts of Building 2. He stressed that, absent a 4 After Mr. Ezzeddine filed his appeal, he continued to offer and rent out Building 2 through Airbnb. Listing details for Airbnb for Building 2, from December 2020, indicate that Building 2 has been "devided (sic) to two units, first story and second story," both available for rental, stating that the second story apartment has been "newly remodeled," including with an "Attic Room" guest suite, and that the lower level has been "completely remodeled with all new amenities." Materials from Airbnb detail a "new octagon window" having been installed in the Attie Room as well. as another large "new window" installed on the opposite side of the structure. Reviews of Building 2 on Airbnb exist from June 2020 through January 2021. Exhibit C-29. Findings, Conclusions, Decision, & Order City of Tukwila „Wearing Examiner Ezzeddine Appeal of a 1W.nice e/ Violation and Order No. CE18-0149 Page 11 of 17 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -13 of 18 Record Date:8/5/2022 2:40 PM King County, WA proper inspection, the Fire Department is not comfortable with allowing rental of Building 2, because of potential life safety issues. Mr. :Hayman also testified that, to the best of his understanding, Building 2 is not separately registered with emergency services. Testimony of Mr. Hayman. 22. Code Enforcement Officer Jim Toole testified about the history of Code Enforcement's involvement with the property, as detailed above. Officer Toole explained that, once the City determined Building 2 was being rented through Airbnb in the summer of 2020, City staff checked its system for permit records associated with Building 2 as well as rental registration and determined that no such permits or registration exist. Accordingly, after Mr. Ezzeddine rejected the City's offer of entering into a Voluntary Compliance Agreement, Code Enforcement issued the two NOVs for the property. Officer Toole then detailed how, in the City's view, Building 2 currently is in violation of TMC 18.50.220 and .230. He stressed that, in his view, site photographs from Airbnb indicate that extensive remodeling of Building 2 occurred since he last visited the site and that the description of Building 2 on Airbnb (Exhibit C-29) notes that extensive remodeling occurred. In response to these comments, Mr. Ezzeddine acknowledged that he wrote the description of the property on Airbnb in Exhibit C-29 but stressed that photographs on Airbnb had been doctored to make the listing look more attractive. On cross- examination, Officer Toole acknowledged that he did not see new plumbing or electrical work being performed but determined that it was likely such work occurred based on the photographs he has seen, especially when comparing those photographs to his own observations of the property in years past. Testimony of Mr. Toole; Testimony of Mr. Ezzeddine. 23. Building Official Jerry Hight testified that it is clear in comparing tax records for the property to all the photographs listed on Airbnb (Exhibit 29) that extensive remodeling of Building 2 has occurred. He stressed that the evidence shows Building 2 has been converted into two separate rental units where previously it just had the second -story unit. Photographs also show that windows have been installed in the Attic Room and that other work has clearly been performed without benefit of required permits. Mr. Hight testified that an inspection is necessary to ensure that there are no safety issues associated with Building 2. On cross-examination, Mr. Hight acknowledged that he has not witnessed electrical work or plumbing work being performed on or in Building 2, but stressed that an inspection would verify whether such work had occurred and, if so, whether it was properly performed such that no safety issues exist. He noted that, to ensure Building 2 is safe, the City would need to review properly prepared plans and engineering calculations. Testimony of Mr. IIight. 24. Jorge Luis Linares Montejo testified on behalf of Mr. Ezzeddine and explained that he lived on the property with several members of his family, in Building 2, between. 2010 and 2016. Mr. Montejo stated that he recalled there were two bedrooms and one kitchen. Findings, Conclusions, Decision, & Order City of Tukwila Hearing Examiner Ezzeddine Appeal of a Notice of Violation and Order No. CE18-0149 Page 12 of 17 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -14 of 18 Record Date:8/5/2022 2:40 PM King County, WA on the second floor of Building 2, as well as a kitchen area on the first floor and an upstairs attic space. Mr. Montejo stated that, at some point in 2020, he visited the property to inquire about renting Building 2 and, in his view, it did not look like significant remodeling of the structure had occurred. Testimony of Mr. Montejo. 25. Although the City's witnesses concluded their testimony on February 2, 2021, as well as Mr. Montejo, insufficient time remained to allow Mr. Ezzeddine to testify. Accordingly, the Hearing Examiner ruled that the hearing would continue on February 9, 2021. Ora/ Ruling ofthe Hearing Exatniner. Appeal Hearing, February 9, 2021 26. Al the outset of the continued hearing, the Hearing Examiner noted that all the parties' exhibits had been treated as "provisionally" admitted but that either party could submit a written list of objections to exhibits by February 12, 2021. The Hearing Examiner also noted that Mr. Ezzeddine could submit photographs depicting the current state of Building 2, which he later did (Exhibit A-42). The Hearing Examiner also stressed that Mr. Ezzeddine continued to send threatening, disparaging, and vulgar entails, despite agreeing on February 2, 2021, that he would cease doing so. The Hearing Examiner stressed that all parties should act respectfully and that the hearing would be concluded early if Mr. Ezzeddine was unable to act in an appropriate manner. Opening Retnarks of the Hearing Examiner. 27. Following the Hearing Examiner's opening remarks, Mr. Ezzeddine then testified on his own behalf First, he stressed that, contrary to Fire Marshal Hayman's testimony, he called 911 and verified that Building 2 is separately registered (from Building 1) with emergency services. Mr. Ezzeddine also explained that he continues to work to have the property subdivided and believes that, at one point, the property likely did have two separate lots with the two separate structures on each. He discussed the history of his involvement with Code Enforcement and stressed that he began renting Building 2 in an effort to avoid having squatters damage the property. Mr. Ezzeddine stated that he works as a contractor and, as such, all work performed on Building 2 was done in compliance with the municipal code and without need of permits. He emphasized that he has worked on over 200 permits in various cities and understands when permits are required or not. In his view, no permits were required for the cosmetic remodeling that he performed on and in Building 2. Mr. Ezzeddine stated that he has allowed the property to be inspected in the past and, during such inspections, the City never informed him that he needed permits for work on Building 2. Mr. Ezzeddine expressed frustration with trying to work with City staff, especially because he has improved the property considerably in terms of its aesthetics. He explained that, every time he submits information, City staff requests more information, such that it is never possible to satisfy their requirements. Mr. Ezzeddine stressed his belief that he is being persecuted. and treated unfairly. Mr. Ezzeddine acknowledged installing a new window in Building 2 but does not believe that Findings, Conclusions, Decision, & Order City of Tukwila Hearing Examiner Ezzeddine Appeal of a _Notice of Violation and 0 No. CE18-0149 Page 13 of 17 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -15 of 18 Record Date:8/5/2022 2:40 PM King County, WA justifies the City's behavior. He also admitted, under oath, that he continues to rent Building 2, mostly to nurses and other healthcare providers, in his efforts to provide affordable housing for those fighting the ongoing pandemic. Mr. Ezzeddine argued that B-uilding 2 should not be treated as an ADU and, instead, should be viewed as a separate residence. Finally, Mr. Ezzeddine apologized to Ms. Miner, Mr. Toole, and Mr. Hight for sending inappropriate emails, stressing that he gets easily frustrated sometimes. Testitnony of Mr. Ezzeddine. Objections to Exhibits 28. On February 12, 2021, both parties sent objections to proposed exhibits. Specifically, the City objected to Exhibit A-14, a portion of the Seattle Municipal Code, on the grounds that it is not relevant to the present matter, and A-22, on the grounds that the entire Tukwila Municipal Code need not be included as an exhibit, especially because the appeal only relates to a few specific sections ofthe TMC and, further, the Hearing Examiner can take judicial notice of the municipal code. Mr. Ezzeddine submitted objections to Exhibit C-29, the reviews and photographs from Airbnb, arguing that "Airbnb reviews are just Hearsay people can write anything" and because the photographs used "are photoshopped pictures for marketing purposes." Appellant 's Objections to Exhibits, undated. Mr. Ezzeddine also included information about rental cancellations that occurred and submitted dozens of additional photographs. City's Objections to Exhibits, dated February 12, 2021; Appellant's Objection 's to Exhibits., undated. 29. Having reviewed the parties' objections, the Hearing Examiner rules that Exhibits C-1 through C-34 and Exhibits A-1 through A-42 are admitted into the record. Ultimately, the Hearing Examiner is not bound by strict evidentiary rules and, accordingly, has determined that, while much of the materials submitted are not particularly helpful to ultimatelydeciding the limited issues on appeal, excluding exhibits is unnecessary. Ruling of the Hearing Examiner. CONCLUSIONS Jurisdiction The Tukwila Municipal Code provides: A. The person(s) responsible named on a Notice of Violation and Order issued by the Code Enforcement Officer, pursuant to TMC Section 8.45.070, may appeal the Notice by requesting such appeal within 10 calendar days after being served with the Notice pursuant to TMC Section 8.45.070. .. . Upon receipt of the appeal request, the Code Enforcement Officer shall schedule an appeal hearing before the Hearing Examiner. Findings, Conclusions, Decision, & Order City ofThicwila Hearing Examiner Ezzeddine Appeal of a Notice of Violation and Order NO. CE18-0149 Page 14 of 17 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -16 of 18 Record Date:8/5/2022 2:40 PM King County, WA B. At or after the appeal hearing, the Hearing Examiner may: 1. Sustain the Notice of Violation and Order; 2. Withdraw the Notice of Violation and Order; 3. Continue the review to a date certain for receipt of additional information; or 4. Modify the Notice of Violation and Order, which may include an extension of the compliance date. C. The Hearing Examiner shall issue a written decision within 14 days of the date of the completion of the review, and shall cause the same to be sent to the person(s) named on the Notice of Violation and Order under the same procedures described in TMC Section 8.45.070 or as otherwise directed by the appealing party. D. The decision of the Hearing Examiner shall be final and conclusive unless appealed. An appeal of the decision of the Hearing Examiner must be filed with superior court within 21 calendar days from the date the Hearing Examiner's decision was mailed to the person(s) responsible to whom the Notice of Violation and Order was directed, or is thereafter barred. The cost .for transcription of all records ordered certified by the superior court for such review shall be borne by the appellant. TMC 8.45.110. Conclusions Based on Findings The Appellant has violated the Tukwila Municipal Code as set out in the Notice of Violation and Order. Substantial evidence demonstrates that Mr. Ezzeddine violated TMC 18.50.220 and .230 by performing construction on Building 2, at 4004 S. 150th Street, without required permits. Mr. Ezzeddine conceded at the appeal hearing that he performed work to Building 2 without obtaining any permits but asserted that the work was merely cosmetic and, thus, did not require any permits. Submitted exhibits clearly indicate, however, that the first story of the property has been converted from a garage to a fully -functional rental unit; that at least two new windows have been installed in the upper floors of Building 2; and that significant other work has occurred. While it is unclear if electrical or plumbing work has occurred such that safety issues exist, an inspection would verify this. In addition, several photographs of the building taken by the City during this code enforcement action show construction work underway at the house, including construction work to the interior of Building 2. Moreover, materials prepared by Mr. Ezzeddine himself, for purposes of renting the property through Airbnb, state that Building 2 has been entirely remodeled. Accordingly, the Hearing Examiner does not find credible Mr. Ezzeddine's assertions that no work has occurred requiring permits. The Hearing Examiner concludes that Mr. Ezzeddine performed or directed this extensive construction activity without required permits in violation of the municipal code. Substantial evidence also demonstrates that Mr. Ezzeddine has continuously violated TMC 18.50.230 by renting Building 2 to others, without necessary registration. Mr. Ezzeddine admitted this at the Findings, Conclusions, Decision, & Order City of Tukwila [tearing Examiner Ezzeddine Appeal of a Notice of Violation and Order No. CE18-0149 Page 15 of 17 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -17 of 18 Record Date:8/5/2022 2:40 PM King County, WA hearing. Accordingly, the Bearing Examiner concludes that Mr. Ezzeddine violated the municipal code, as set forth in the Notice of Violation and Order. While Mr. Ezzeddine has advanced several arguments, including (as noted above) that all work was cosmetic and did not require permits, that the property should not be treated as an ADU, and that he has been singled out and/or persecuted by the City, the Hearing Examiner is not persuaded by these arguments. In terms of the work performed, if Mr. Ezzeddine is correct that no permits were required, an inspection by a qualified professional will make this clear. In regard to the "not an ADU" arguinent, the record does not reflect that the property has been subdivided and, until this occurs, Building 2 must be treated as an ADU under the law. Importantly, though, even if the property were subdivided, appropriate permits and .inspections would still be necessary for Building 2 prior to it being occupied or rented. Finally, the Hearing Examiner has reviewed the record -- including many emails of a threatening, vulgar, inappropriate, and misogynistic nature sent by Mr. Ezzeddine himself -- and finds no evidence to support the assertion that City staffhas acted inappropriately. To the contrary, it is clear that City staffhas made every effort to work patiently with Mr. Ezzeddine to bring the property into compliance .with municipal code requirements despite his repeated and inappropriate email outbursts. Findings 1 — 29. 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 4004 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. Prior to further rental of Building 2, after all necessary permits and inspections have been obtained, Mr. Ezzeddine 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 Findings, Conclusions, Decision, & Order City of Tukwila .11earing Examiner Ezzeddine Appeal of a Notice of Violation and Order No. CE18-0149 Page 16 of 17 Instrument Number: 20220805000695 Document:C Rec: $220.50 Page -18 of 18 Record Date:8/5/2022 2:40 PM King County, WA immediately if the property is rented without necessary registrations and inspections, as required by TMC 18.50.230. DECIDED and ORDERED this 5t day of March 2021. ANDREW M. REEVES Hearing Examiner Sound Law Center Findings, Conclusions, Decision, & Order City of Tukwila /fearing Examiner Ezzeddine Appeal ofa Notice of Y iodation and Order No. CE18-0149 Page 17 of 17