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HomeMy WebLinkAbout2022 - Notice of Violation and Order - H.S. Estates LLC - 20221130000670Instrument Number: 20221130000670 Docun'ontzNRocz $211.50 Page -1 of 9 XXuoordDutud1/3#/2#22 2:54 PM Electronically Recorded King County, WA Return Address: CityofTukwU—Oty[lerk 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 docurnent must be filled in) 1. Notice of Violation and Order Z. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference Ws on page of document Grantor(s) Exactly as name(s) appear on docurnent 1. City of Tukwila Z. ' Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. H.S. Estates, L.L.C. ' 2. ' Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) HILLMANS SEATTLE GARDEN TRS LESS W 62 FT PLat0ock: 1, Plat Lot: 18 Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Assessor Tax # not yet assigned. 3365900100 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. "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 submitterDo not sign above nor pay additional 550 fee if the document meets requirements Instrument Number30331130000670 Document:N Rec: S211.50 Page -2 of 9 Record Date:11/30/2022 2:54 PM King County, WA City of Tukwila Code Enforcement NOTICE OF VIOLATION AND ORDER November 15, 2022 Persons / Business Responsible: H.S.H.S. Estates LLC Estates LLC 22613 76th Ave S Kent, WA 98032 Environmentally Sensitive Areas: File # CE19-0192 CE19-0194 CE19-0195 CE19-0196 CE19-0197 Violation Locations: Category II Wetland with a 100 foot buffer Location of wetland: To the immediate wesof the development. Macadam Winter Garden See attached Environmentally Sensitive Area map. (See Exhibit A) Violations Violation # 1 Code Reference: EROSION CONTROL REQUIRED TMC 16.54.060 Standards Parcel # 3365900100 3365900005 3365900010 3365900015 3365900020 Parcels wesof / adjacent to 14445, 14463 14467'14471'l447S'l4477S61'Ave S Parcel south of/adjacent tol447756m Ave 5 Parcel #'s33659OOD05'36S9UUOlO'336S9OOOlS, 3365900020 are encumbered by the 80 foot buffer. Parcel #'s]3659000lOand 33659OOOl5are encumbered by the Class 11 Wetland. Both the buffer and wetland encumbrances must be field verified. 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 2021 King County Surface Water Design Manual "SWDM". CIITY OF'mwWILuCODE smpomCEMEm°6300sommCEwTEn��sone100„mKWILA„oA 981.88 *<206031-3671 Page 1my Instrument Number: 20221130000670 Dooumont:N Roo: S211.50 Page -3 of 9 Record |Nuto:11/30/2022 2:54 PM King County, WA Observed Condition: On November 8, 2022, I observed the plastic sheeting placed on the steep slopes has been blown offof the slopes, shredded, and scattered pieces of the plastic sheeting around the site. Where the plastic tarps were installed and now are gone, there are large, deep rills and sluffing of soil on the steep slopes throughout the site. Located on the wesside of the cul-de-sac, the soil has continued to erode the steep slope and has continued to undermine the asphalt. Located on the east side of the same cul-de-sac is a large cut bank that has eroded severely since the plastic sheeting has been blown off. This bank abuts several private properties which all have homes on them. I cannot determine the condition of the silt fence since it has been overgrown by blackberries and weeds. Corrective Action: I. Remove ALL plastic sheeting throughout the site (whole and shredded), ropes, and sandbags from all slopes and flat ground. Dispose of all plastic sheeting (whole and shredded) materials at a King County Waste Management transfer station. Local Transfer Station: Bow Lake Recycling 8'Tronsfe/ Station 18800 Orillia Rd 5 Seattle, WA 98188 It is in Tukwila and can be found at the intersection of|'Sand 5lO8mSt. Phone: (206) 477-4466 2. A Geotechnical Engineer, Iicensed in the State of Washington, must inspect five parcels and submit a report of their findings and recommendations to correct any issues observed to submitted to Jim Toole jimtoolePtukwilawa.gov for review by the Department of Community Development Engineers. Soil borings will not be required at this time, but soil borings may be required in the future. A hardcopy of this report with original stamp(s) and signature(s) must also be submitted to Jim Toole at Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, WA 98188. If the Geotechnical Engineer recommends erosion and sediment control measures in addition to the required erosion and sediment control measures identified in this letter, please contact Jim Toole to discuss these additional measures before installation. .CITY mFToKw,LmCODE ENFORCEMENT °asonsouT*csmTenBLVD, .Su1Tezoo Tuxw/uA,vvAau1xe•(ano)431'as71 Page 2my Instrument Number30331130000670 Document:N Rec: S211.50 Page -4 of 9 Record Date:11/30/2022 2:54 PM King County, WA 3. Install jute matting on all slopes located on the parcels associated with this development. The jute matting must be installed in accordance with the 2021 King County SWDM — Appendix D D.2l23 NETS AND BLANKETS, Design and Installation Specifications. Once jute matting is installed, contact Jim Toole for an inspection. Once jute matting has been inspected and approved, maintain the jute mate in accordance with 2021 King County SWDM — Appendix D D.2.1.2.3 NETS AND BLANKETS, Maintenance Standards, for the life of the project. See Exhibit B for installation diagram. 4. Inspect, repair, and install silt fencing in accordance with the with 2021 King County SWDM — Appendix D, D.2.1.3.1 SILT FENCE, Design and Installation Specifications. Once silt fencing has been inspected, repaired and installed, contact Jim Toole for an inspection. Once silt fencing has been inspected and approvedmaintain silt fencing in accordance with [2021 King County] Surface Water Design Manual [SWDM] — Appendix D, D.2.1.3.1 SILT FENCE, Maintenance, for the life of the project. See Exhibit C for installation diagram. 5. Install straw wattles in accordance with the 2021 King County SWDM — Appendix D, D.2.1.2.5 STRAW WATTLES, Design and Installation Specifications. Once straw wattles are installed, contact Jim Toole for an inspection. Once the straw wattles have been inspected and approved, maintain straw wattles in accordance with [2021 King County] Surface Water Design Manual [SWDM] — Appendix D, D.2.1.2.5 STRAW WATTLES, Maintenance, for the life of the project. See Exhibit D for installation diagram. 6. Install /replace catch basin inserts in all catch basins on the project site in accordance with the 2021 King County SWDM — Appendix D, D.2.1.5.3 STORM DRAIN INLET PROTECTION. Install block and gravel curb inlet protection around all curb drains in the development. Once the catch basin inserts and block and gravel curb inlet protection are installed, contact Jim Toole for an inspection. Once the catch basin inserts and block and gravel curb inlet protection have been inspected and approved, maintain the catch basin inserts and gravel curb inlet protection in accordance with 2021 King County SWDM — Appendix D, D.2.1.53 STORM DRAIN INLET PROTECTION, Maintenance for the life ofthe project. See Exhibit G for installation diagrams. Compliance Date for al! correctiveactions Iisted above: December 12, 2022 cVT,OprUxw/u^CODE ENFORCEMENT ~saonsouTxcsmrsnVcvo sons1oo rumm|ILA, WAyu1oo*<zon)4u1-as71 Page 3 of 9 Instrument Number30331130000670 Document:N Rec: S211.50 Page -5 of 9 Record Date:11/30/2022 2:54 PM King County, WA Violation # 2 UNSECURE VACANT STRUCTURE AND PREMISES Code Reference: Observed Condition: Corrective Action: TMC 8.28.030 VACANT BUILDINGS, STRUCTURES, AND PREMISES A. All vacant buildings, structures and premises, and all vacant land, shall be maintained in a clean, safe, secure, and sanitary condition as required by the 2015 International Property Maintenance Code (IPMC). On September 8, 2022, 1 observed the entrance to the property from 56tI Ave S and the remaining street frontage, approximately ninety (90) feet, are not secured to prevent unauthorized access to the development site. 1. Install porta-panels (portable fence panels) along 56th Ave S, west side / back side of the sidewalk. Do not block the sidewalk. The fence must start at the south end of the shrubbery and end at the tubular fencing Iocated on the north side of the entrance road to the development. Once the fencing is installed, caII Jim Toole for an inspection. See enclosed photograph for the location of this fencing. Z. Once the fencing has been inspected and approved, this fencing must be maintained for the Iife of the project. See Exhibit Hfor location and installation diagram. Compliance Date: Compliance date: December 12, 2022 Violation # 3 SANITARY AND STORM SEWER MAINTENANCE Code References: TMC 14.12.060 Sanitary Side Sewer Installation Permit Required It is unlawful for any person to connect any private sanitary sewer system to the public sanitary sewer system without complying with all the provisions of TMC Chapter 14.12 in relation thereto and having a permit to do so from the Director. TMC 14.12.110 New Permit Fee In case work shall not be done or completed within the time specified in any permit and no extension thereof has been granted, a new permit shall be applied for and all applicable fees will be charged. 14.12.170 Call for Inspection Any person performing work under permit pursuant to the provisions of TMC Chapter 14.12 shall notify the Director when the work will be ready for inspection, and shall specify in such notice the location of the premises. If the inspector finds the work or material used is not in accordance with the provisions of TMC Chapter 14.12, he shall notify the person doing the work and also the owner of the premises by posting a written notice upon the premises, and such posted notice shall be all the notice that is required to be given of the defects in the work or material found in such inspection; and a copy of such notice shall be kept on file in the office of the Director. cnrmFToKw,LmCODE ENFORCEMENT *saoosouTFIcsmTsnBLVD, sunzzon rumm/uA„vvAe8zoo~<zos>4azan7z Page 4mn Instrument Number30331130000670 Document:N Rec: S211.50 Page -6 of 9 Record Date:11/30/2022 2:54 PM King County, WA TMC 14.12.180 Inspection Before Trenches FiIIed No trench shall be filled or any connecting sanitary sewer covered, until the work from the point where the same connectwith the public sanitary sewer or other outlet to the point where it connects with the iron pipe or other plumbing of the building or premises to be connected shall have been inspected and approved by or under the directions of the Director and until the same shall have been made in all respects to conform to the provisions of T MC Chapter 14.12. INFRASTRUCTURE DESIGN AND CONSTRUCTION STANDARDS 2.4.7 INSPECTIONS E. Video Pipe Inspection 3. Video Inspection: The permittee shall perform a complete video inspection of all 8 -inch and larger pipesandassociatedappurtenances— A1aUtinmesdurin8thexideoinspecdomprmcess the City shall be present. The City shall be notified forty-eight (48) hours prior to any video inspection. Observed Conditions: To -date (November 14, 2022), the City has not been notified of the video inspection required pursuant to TMC 14.12.180 and Infrastructure Design and Construction Standards 2.4.7 Inspections and nor has any inspection reports or video been provided to the City pursuant to TMC 14.12.170 , TMC 14.12.180, and Infrastructure Design and Construction Standards 2.4.7 Inspections. Research: On November 9, 2022, I researched permit PW19-0101 and this permit had expired on March 7, 2022 withnnFinaiThe"SewerK4ainExtensinn"vvasPartiaUyApproved'butnoFinai/Uxn,the"Stnrm Drainage" was PartiallyApproved, but no Final. Corrective Action: 1. Submit a complete Public WorksType C, permit application, plans, and a Licensed in the State of Washington Geotechnical Engineer report(s) and pay all applicable fees. See Exhibit J. Z. All sanitary sewers and manholes must be inspected and video recorded to determine if there are any infiltration, obstructions, or broken pipes from the furthest north manhole to the public manhole where this sewer connects (south end of the development). Forty-eight (48) hours prior to any video inspections, you must contact Eric Pritchard, Development Project Inspector, at_ eric.pritchard@tukwilawa.gov or 206-702-5769 to be onsite during the video inspection process. UTY OF "TUKWILA CODE ENFORCEMENT • 6300 .SOUTHCENTER BLVD, SU FTE 100, TUKWILA., WA 98188 *(206)4azz67z Page smy Instrument Number30331130000670 Document:N Rec: S211.50 Page -7 of 9 Record Date:11/30/2022 2:54 PM King County, WA 3. All storm sewers and catch basins must be inspected and video recorded to determine if there are any infiltration, obstructions, or broken pipes from each catch basin to the storm water vault. The stormwater vault must be inspected and repaired if there are any infiltration other than the stormwater pipes. All stormwater manholes must be inspected to determine if there are any infiltration other than from the stormwater pipes. Forty-eight (48) hours prior to any video inspections, you must contact Eric Pritchard, Development Project Inspector, at eric.pritchard@tukwilawa.gov or 206-702-5769 to be onsite during the video inspection process. NOTE: The plans must include but not limited to all required corrective measures for the sanitary and storm sewers determined from the field inspection and the review of the digital video disk (DVD) audio-visual recording of these inspections Compliance DateCompliance date: December 12, 2022 NOTE: Permit applications 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.govidepartmentsipe it -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. Code Enforcement Officer: Jim Toole Telephone: Email: CC: (206) 431-3676 jim.toole@tukwilawa.gov Keaton G. Hille 22Z9-11ZthAvenue NE, Suite ZOO Bellevue, WA khiUe@hansonbakercom mbrownPhan»onbakercom .CnropTumI sENFORCEMENT *aaoosoun+csmTsnBLVD, SUITE zon Tumm|uA,vvAya1uo°(zoa)4azaa7\ Page »my Instrument Number30331130000670 Document:N Rec: S211.50 Page -8 of 9 Record Date:11/30/2022 2:54 PM King County, WA City f Tukwila Code Enforcement ����N�����U���U���������� n���mm���n �n���nn�o��n���n���n�— Per TMC § 8.45.070 Appeal Instructions TMC 8.45.110 Appeal to Hearing Examiner A. The person(s) / business responsible named on this 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. File the Appeal with the Tukwila City Clerk a written notice of appeal along with payment of the $340 appeal fee, containing the foliowing: i.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. 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. TMC 8.45.120 Penalties A. VIOLATIONS OF THE TUKWILA MUNICIPAL CODE: 2. Notice of Violation and Order: a. A Notice of Violation and Order shall carry with it a cumulative monetary penalty of $250.00 per day per each violation from the compliance date until compliance with the Notice of Violation and Order is achieved. .CITY OFm,W,LACODE ENFORCEMENT *6300 SOmnCENTEnBLVD, surrE 100,mmwLA, mm98188°(206)«31-367z Page 7 of 9 Instrument Number30331130000670 Document:N Rec: S211.50 Page -9 of 9 Record Date:11/30/2022 2:54 PM King County, WA EXHIBIT DESCRIPTION A Environmentally Sensitive Areas Map B Jute Matt C Silt Fence D Straw Wattles E Straw Bales F Check dams G Catch Basin Insert & Block &Gravel Curb Inlet H November 8, 2022 Site Photographs | Porta -panels (portable fence panels) ] Public Works Permit Type C Requirements (NOTE: This NOVO has a total of 25 pages.) CITY orTumovIu\CODE ENFORCEMENT °sanusouT*cswr R BLVDsunszoo .TLIK \MLA, WA e8188 (206}431-3671 Page oms